Floor Statements

Mr. President, I also come to the floor today to pay tribute to one of the most important and unique individuals in the history of American politics, Governor Ann Richards.

As a female politician from the South, Ann Richards was a person who I considered to be a role model. She was a great American patriot who had overcome tremendous obstacles to become a valued public servant while blazing a trail for aspiring female politicians, with wit, style, and grace like no one else could produce.

I consider it my good fortune to have come to know her over the years as a friend. While I am deeply saddened by her passing, it is so difficult not to smile whenever I think of Ann. She was remarkably gifted at using her keen sense of humor to say exactly what was on her mind and to get her point across in an effective and quotable way, proving she was truly one of a kind.

Ann Richards became the first woman elected to statewide office in Texas in more than 50 years--winning a seat as treasurer in 1982. In 1990, she became the first female to be elected Governor of the State of Texas.

As Governor, she took pride in the fact that she appointed more women and minorities to State positions than any of her predecessors. During her tenure, the Texas economy enjoyed growth, despite the trend of the slumping U.S. economy.

Additionally, her audits of the State bureaucracy saved Texans $6 billion, and her reform of the State prison system resulted in fewer violent offenders being released.

Perhaps her most remarkable achievement was maintaining the respect and admiration of Texans in the midst of not being reelected to office. The poll numbers of her popularity remained above 60 percent at that time.

Ann has been noted as saying that she did not want her tombstone to read, ``She kept a really clean house,'' but, instead, preferred to be remembered by it reading, ``She opened government to everyone.''

Ann Richards will certainly be remembered as doing much more than keeping a clean house. She opened a door for me as a female politician in the South, and I know I speak for so many when I say that she continues to have my respect and my admiration.

She will certainly be dearly missed by this Senator and so many, many more across this Nation.

Thank you, Mr. President.

Mr. President, I yield to my colleague from Connecticut.

Mr. President, I rise today in tribute to a brave young man from my home State of Arkansas. SSG Kenneth Jenkins was a loving son, a devoted husband, and a loyal friend. He was also an American hero, who fulfilled his lifelong ambition of honorably and courageously serving our nation in uniform. In doing so, he was to make the ultimate sacrifice in the name of freedom.

Those who knew him best tell of a special young man who always placed his friends and family above all else. Always dependable, he was the type of person who would give you the shirt off of his back if needed. It was this generosity and goodwill that endeared him to others. They were also the traits that allowed him to form new bonds quickly with everyone he met and with everyone he served.

On July 1, 1999, Staff Sergeant Jenkins fulfilled his aspiration to serve our Nation in uniform by enlisting in the U.S. Army. Soon after completing his training, he was deployed for various missions around the world, which took him to such countries as Bosnia, Kosovo, Macedonia, and Cuba. Throughout his service, he was a soldier's soldier, grateful to serve and proud of his role in helping to defend the people and the country that he loved. It came as no surprise that Staff Sergeant Jenkins answered his Nation's call for duty in Operation Iraqi Freedom, completing a full tour of duty and returning for a second.

In Iraq, he served with the 3rd Battalion, 67th Armor Regiment of the 4th Infantry Division. Tragically, while conducting operations in Baghdad on August 12, his humvee came under attack by enemy forces and sustained small arms fire. He later died from injuries sustained in that battle. He was scheduled to return home in November.

Staff Sergeant Jenkins was laid to rest with full military honors in Killeen, TX. Posthumously, he was awarded a Bronze Star and a Purple Heart for his courageous service. A few miles away, his fellow soldiers held a separate memorial ceremony at Fort Hood in honor of Jenkins and the five other 4th Infantry Division soldiers who were killed in Iraq during the month of July.

It is with a heavy heart that we mourn the loss of yet another brave soldier from Arkansas. While Kenneth Jenkins may no longer be with us, I pray that we may find some sense of solace knowing that his spirit will live on forever in the hearts of those whose lives he touched. The way he lived his life is truly an example for us all. My thoughts and prayers are with his wife Brandy Jenkins, his sister Stephanie Richard, his brother Mack Jenkins, his parents, and with all those who knew and loved this special young man.

I thank Senator Smith for taking this step to correct this error because I do not support the provision regarding liability protection for acts of abuse in nursing homes that was mistakenly included in the version of S. 3815 I cosponsored with Senator Smith on August 3, 2006. The parliamentary step taken today will replace the incorrect version of legislation with a new version that accurately reflects the bill Senator Smith and I agreed to sponsor to help improve the quality of life for those who need long-term care.

Mr. President, today I wish to pay tribute to a brave young man from Arkansas who lost his life while serving our Nation in uniform. PFC Derek James Plowman is remembered by those who knew him best as a compassionate soul, who was always quick to bring a smile to the faces of those around him. Having grown up in a large family that was often filled with laughter, he quickly became the life of every party, developing a special gift for being at ease in large groups and brightening the spirits of the people he came in contact with.

Shortly after moving to northwest Arkansas from Florida in 2004, Private First Class Plowman graduated from Valley Springs High School. Hoping to study psychology some day, he enlisted in the Arkansas Army National Guard for an opportunity to earn money towards his college education. It was also an opportunity for him to serve his country, a decision that personified the selfless attitude of this young man.

In the Guard, Private First Class Plowman was a cook assigned to the 142nd Brigade, a brigade comprised of citizen soldiers from north and northwest Arkansas. Upon returning home from basic training, he was informed by one of his superior officers that he would soon be mobilized for service in Operation Iraqi Freedom. With courage and reassurance, he looked his Sergeant in the eye and said ``That's OK. I signed on the dotted line and I've got a job to do.''

The 142nd was mobilized for duty in Iraq on December 7, 2005, and was scheduled to return next summer. Tragically, Private First Class Plowman died from a gunshot wound on

July 20 while serving with his brigade in Baghdad. In a memorial service at Valley Springs High School, over 200 mourners gathered to pay their respects for this fallen soldier and to comfort his family. He was later laid to rest at Western Grove Cemetery in Harrison, AR.

The loss of this special young man is a sobering reminder of the tragic human cost of war. The loss of any of our brave men and women in uniform is felt by not only their friends and loved ones but also by communities and families across our Nation that they fought to defend.

Words cannot adequately express the sorrow felt in the hearts of the family and loved ones of Derek Plowman, but I pray they can find solace in the courageous way he lived his life. My thoughts and prayers are with his mother and stepfather, Kim and Andrew Campbell, his father, Donald Plowman, his brothers and sisters, and with all those who knew and loved him.

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

Mr. President, I join my colleagues today to speak in support of reauthorizing the Voting Rights Act of 1965. No act has done more to change the course of our Nation's history than this. I am pleased to see both sides of the aisle set aside their differences to ensure its passage today.

I first offer my thanks to Senators Leahy and Specter for their work in getting this legislation to the Senate. I also thank Senators Reid and Frist for their efforts in bringing all sides together to renew this historic law.

This act protects and preserves our democracy by ensuring that every citizen is given the same opportunity to participate in the political process. The strength of our democracy, as well as its existence, depends on the fact that the Government is created to perform, to exist, and to excel only when those who are governed participate in it. Without this assurance, this opportunity to participate in that political process, our democracy could not exist. Without the right to participate freely in elections, a citizen's ability to effect change in his or her community is highly limited.

We are given, each of us, many God-given gifts, but our responsibility with those gifts is to give of those gifts to those around us, to our community and to our country, to our fellow man. Without being able to participate in this community, we are not able to fully give back.

I think it is important to remember what we are voting for today. Men and women not much older than I am made great sacrifices to be able to perform that most basic right of free men and free women--the right to vote. It is easy to take for granted. We often do. But we cannot forget that this document represents the pain and hope of millions of Americans. It represents their efforts and their prayers.

The things that we do without giving them much thought, were not so for many of our fellow Americans. When we go to eat lunch, we sit wherever we would like. When we go to the movies, we sit wherever we would like as well. When we ride the bus, we sit wherever we like, and when we get to the polls, we take our ballot and we cast it without thinking about it.

It is easy for us to forget that it has not always been so. By way of example, the mother of one of my staff members became deeply involved in voter registration as a young college student in the early 1960s. She was determined to secure the right to vote for herself and for her community. It was a life-or-death decision. She and her fellow students were told if they tried to encourage African Americans in the community to register, that they would be killed. They had every reason to take that threat seriously, but it didn't matter to them. They knew that this right, the right to vote, was worth the cost, and they continue to encourage people to register and to vote. By the grace of God, no one was killed, but we know that others around the Nation were not so lucky.

These are the stories we must remember. We must ensure that no future generation of Americans will ever have to endure second-class citizenship again. As elected officials, we are charged with representing and protecting the interests of our States and our districts. It is of utmost importance that we are elected by a fair representation of our constituents.

The Voting Rights Act has played an enormous role in making sure that happens. Since becoming law in 1965, the number of African Americans and other minority voters who are registered and able to vote has increased dramatically. As an example, my home State of Arkansas saw an increase of more than 33,000 African-American registrants immediately after the act was passed. Extending the provisions of this legislation will ensure that we continue to build on the gains we have made since it first passed.

We have men and women spread across the globe, fighting for democracy and freedom. They are fighting for the right of citizens to hold free elections in which all, regardless of race, gender or creed, can participate. In many cases, this cannot be achieved without violence, unfortunately. Truth be told, we are not so far removed from our own violent past.

But by the mercy of God, we today will extend the blessings of liberty to all Americans with the recording of a vote and the swipe of a pen. That is a miracle that we dare not forget. Because of what we do tomorrow, the men and women who marched and stood still and sat down and stood up and rejoiced and cried and ultimately overcame, can be proud, proud that their legacy will be carried on.

I suggest the absence of a quorum.

Mr. President, I rise in support of the nomination of Judge Bobby Shepherd to become the next member of the United States 8th Circuit Court of Appeals.

Based on my review of the record, my visits with Judge Shepherd, and feedback I have received from members of the Arkansas legal community who know Judge Shepherd well, I believe he is qualified to serve in this position, and I support his nomination.

Judge Shepherd was born in Arkadelphia, AR. After high school, Bobby graduated magna cum laude from Ouachita Baptist University in 1973. He then continued his education by earning a law degree from the University of Arkansas, graduating with high honors.

After law school, Judge Shepherd began his professional career as an attorney in private practice at Spencer & Spencer law firm in El Dorado. From 1984 to 1987, he worked as a solo practitioner. In 1991, he began his career as a jurist serving as a Circuit-Chancery judge for the 13th District of Arkansas until his appointment as a Magistrate Judge for the Western District of Arkansas in 1993.

Throughout Judge Sheperd's nomination process numerous Arkansans from all walks of life have contacted me urging me to support Judge Shepherd. Some of these people had been advocates in Judge Shepherd's courtroom and others simply considered themselves his friends. To a person, they all found Judge Shepherd to be a man of honor, respected by his peers and in his community.

In closing, I thank Chairman Specter and Senator Leahy for working with Judge Shepherd and me in moving his nomination forward. I appreciate their consideration of this nominee and urge every Member of the Senate to support his confirmation.

Mr. President, reserving the right to object, I would like to ask the Chair if there is any possible way we could take the opportunity to give myself and my colleague from Arkansas and Senator Rockefeller just a few moments to speak in morning business in behalf of paying tribute to our Lieutenant Governor from Arkansas.

We are so grateful. We appreciate that from our colleague from Oklahoma.

Mr. President, I thank my colleague from West Virginia and my colleagues from Oklahoma and Vermont for allowing us this opportunity.

Today I rise to pay tribute to one of Arkansas' great public servants, business leaders, and philanthropists, our Lieutenant Governor, Winthrop Paul Rockefeller. Winthrop passed away quietly last Sunday after a period of illness. Words can hardly express the sense of loss we in Arkansas feel at the passing of Winthrop.

Everyone has heard of the Rockefeller name, there is no doubt. It is renowned the world over. Truth be told, Win could have used that name and the family fortune to do whatever he wanted or nothing at all. Many in similar circumstances have chosen to indulge themselves in personal excess. But not Win. He chose to live the life of a servant.

He had a plaque placed at his home on Petit Jean Mountain in Arkansas that really sums up how he lived and what he believed. The plaque quoted Micah, chapter 6, verse 8:

He has showed us, O man, what is good. And what does the

Lord require of you? To act justly and to love mercy, and to

walk humbly with thy God.

All through his life, you see evidence of his desire to live out that Scripture. He was compassionate and thoughtful. He showed a strong love for his fellow man and a commitment to leaving this world a better place than he found it. Part of that commitment was expressed through his work at Little Rock-based Winrock International--one of the world's leading incubators of economic progress for developing economies.

His work there not only has had a profound impact on 107 nations spread across the globe but also has impacted Arkansas' rural areas as well. I have worked closely with Winrock International on many of those initiatives and have been proud to do so.

His Winthrop Rockefeller Foundation has also helped enrich the quality of life for rural America, particularly in the area of home ownership in my home area; that is, the Mississippi Delta.

He also strongly believed in developing the potential in our young people. One of his favorite organizations was the Boy Scouts of America. He served on the executive board of the National Council, and he was president of the Quapaw Area Council in 1997 and thereafter was a vice president. He also founded a program called Books in the Attic in which Boy Scouts could collect used books to distribute to families. Most importantly, however, he served for many years as an assistant Scoutmaster for Troop 12, and he attended Scout camp with his son regularly, as well as Scout meetings.

Win was also the father of two special needs children. His desire to see them and others like them succeed in life moved him to open a school for differently abled children called the Academy at Riverdale in Little Rock. This is just another example of the kind of heart he possessed.

Throughout his lifetime, Win also served in charitable organizations in many ways. The list is long, but some of the charities include the Arkansas State Police Commission, the President's Council on Rural America, and on and on. He served as a Texas Christian University trustee and was on the national boards of Ducks Unlimited, and the Nature Conservancy.

He served on the boards of the Arkansas Cancer Research Center and the Arkansas Arts Center Foundation. He was a trustee of the Winthrop Rockefeller Charitable Trust and Rockefeller Foundation.

In his spare time he was one of the finest Lieutenant Governors the State of Arkansas has ever known.

As I close paying tribute to this thoughtful, kind man, I am reminded of the story of David. He was looked upon as the most unlikely of men to become king of Israel. In the same way, it was easy for many to believe that they could look at outward things--Win's money perhaps, family connections, and his status--and draw conclusions about who he was.

But, as with David, man looks on the outside but God looks in the heart. Win's heart was always in the proper place, a faithful place. I truly believe that his heart has now found its rightful place in the hands of his King.

My condolences go out to his lovely wife Lisenne, his three daughters and five sons, to his extended family and my very dear friend and colleague, Senator Jay Rockefeller, and I pray the Lord will keep this entire Rockefeller family in this time of grief.

Mr. President, I am proud to yield to my colleague from the great State of Arkansas, Senator Pryor.

I thank the Chair. I thank the Senator for yielding.

I, too, Mr. President, come to the floor today with tremendous respect for the sensitivity of this very critical issue that we in the Senate and in the Congress have worked so diligently to ensure--that we not only respect the sensitive nature but that we also look toward the possibilities of what we can do for the constituents we represent.

I am very pleased that the Senate is debating stem cell research, and particularly H.R. 810, the Stem Cell Research Enhancement Act, and I thank the majority leader, Senator Frist, for scheduling a vote on this very important bill today.

I am a proud cosponsor of the Senate companion bill, S. 471, because it offers new hope for patients, for grandmothers and grandfathers, children, daughters, mothers, fathers, and for their families who love them so dearly.

Four years ago I watched my mother give her utmost of devotion to the man she had loved--and still loves--and shared her life with for more than 52 years. She had pledged to care for him and to honor his life until he departed this world, even if he no longer remembered her name or could recognize her face. My sweet father suffered from Alzheimer's disease. My sisters and my brother had been by his side helplessly for years watching as, first, he lost the

most precious of all things, his memory, his ability to see his family and to remember the cherished moments that we had spent as family, and then, unfortunately, also, the dignity of life, in his ability to care for himself. My mother's commitment to my father during his long illness remains a tremendous source of inspiration to me and to the rest of our family.

Unfortunately, my family's experience with the ravages of Alzheimer's is not unique. Millions of victims and their families are suffering from debilitating diseases such as Alzheimer's, Parkinson's disease, diabetes, heart disease, multiple sclerosis, burns, and spinal cord injuries. Fortunately, we have within our power the potential to relieve their suffering and the possibility of cure.

I believe embryonic stem cell research conducted ethically and under Government supervision holds the potential to offer lifesaving treatments for many diseases that have frustrated the medical community for ages. I also believe that whenever we have the power to heal the sick we have the responsibility to do so. It is a commandment as old as the Scriptures themselves.

In 2001, President Bush made the decision to use Federal dollars to fund embryonic stem cell research. By allowing embryonic stem cell research to move forward, the President signaled that he believed this was both a morally acceptable and potentially lifesaving form of research. Since the President's decision, we have discovered that in order for embryonic stem cell research to reach its fullest potential and for science to be accurate, it is essential to expand the number of stem cell lines that are eligible for federally funded research. H.R. 810 will allow Federal funding for research on an expanded number of embryonic stem cell lines according to strict ethical requirements. The bill would restrict Federal funding to only those stem cells from embryos that would otherwise be discarded. In addition, the bill requires that any individuals wanting to donate embryos do so with written consent and not receive any financial inducement.

Also, the bill does nothing to change the current law banning the use of Federal money to destroy human embryos. H.R. 810 gives us the opportunity to expand lifesaving research with proper ethical safeguards. Furthermore, it will be a step forward in helping us to fulfill our moral obligation to heal the sick. And in the end, that obligation is one that we must keep.

I thank the Chair. I yield my time back to Senator Harkin.

Mr. President, on Saturday, June 24, one of the finest public servants that my State has produced was honored in his hometown of Benton, AR. Joe Edward Purcell was many things to many people. He was a devoted family man. He was a loyal friend. He was also a dedicated public servant whose reputation for integrity and professionalism brought honor and respectability to every public office he held.

Joe Purcell was born in the small southeast Arkansas town of Helena. Shortly after graduating from Little Rock Junior College, he enlisted in the U.S. Army for service in World War II. Upon his return from service, he entered law school at the University of Arkansas in Fayetteville and graduated in 1952. Later that year, he opened his law practice in Benton and quickly earned the reputation throughout the community of a trustworthy advocate of the people he represented.

``Honest Joe'' carried that reputation with him through what would become a distinguished career of public service at both city and State levels of government. Beginning in 1955, Joe served as Benton City Attorney and later as Benton Municipal Judge. In 1967, he was elected as attorney general for the State of Arkansas. During his tenure, his leadership led to a number of reforms and innovations, including the establishment of the consumer protection office which to this day provides consumer education and promotes the principles of fair business practices and honest balloting.

After an unsuccessful gubernatorial campaign, Joe was elected three times as Lieutenant Governor beginning in 1975. In that capacity, he also became the acting Governor of our State for 6 days in early 1979, when he filled the unexpired term of former Governor and Senator-elect, David Pryor, in the days prior to the gubernatorial inauguration of Bill Clinton. It was Clinton who would later describe his predecessor as ``a self-made man who represented honesty and integrity in public service.'' Joe would serve as our State's Lieutenant Governor until his retirement from public service in 1981.

The Benton sidewalk memorial that was recently unveiled in honor of Joe Purcell is fittingly located just in front of the old Federal building downtown. I am hopeful that it will serve as a reminder to generations of Arkansans not just of the numerous accomplishments that Joe Purcell compiled over his political career but also of the legacy of integrity and public service that he has left us all. The genuine compassion he held for those around him led him to a life dedicated to making his community and his State better places to live for all of us. It is truly a selfless principle for those of us in public service, and those of us in our personal lives, to embody each and every day.

I am proud to have on my staff a young man named David Hogue. David is the grandson of Joe Purcell and it was at his suggestion that this tribute in Benton came to fruition. David has been a tremendous asset to my office, and I am appreciative of all of his hard work and dedication on behalf of our State and its citizens. This fall, he will be headed to law school in Fayetteville, just like his grandfather so many years before, and I wish him the very best.

It is often said that a community reveals itself, not only by the men it produces, but also by the men it honors and remembers. Joe Purcell embodied the best in all of us and because of people like him, the community of Benton and the State of Arkansas are such wonderful places to live today.

Mr. President, I thank my colleague from Washington for her incredible focus on educating our children and making sure our families can afford higher education, and certainly focusing on energy independence, which is critically important to all of our households.

I am proud to be here today with all of my Democratic women colleagues to talk about the things that are so important to America's families, the working families who are the fabric of this Nation, who make us strong, who make us proud as Americans to look at the Nation and see what the foundation of our country is really all about.

Mr. President, I know that you and many of our other colleagues probably think this is just a honey-do list. Well, we all have our honey-do lists. For myself, as a mother of twin 10-year-olds and certainly a wife who wants to be supportive and caring for my husband, and as a daughter who is looking at aging parents and in-laws, and all of the many responsibilities in my life, I know that keeping a list to make sure I am actually accomplishing the things that are important to the people I love is critically important so that I know I am doing what I need to do.

I have a list on my refrigerator. I have a list on my desk. I carry a list in my car and in my purse to make sure that I can keep up with the things that are important, the responsibilities I have as a person not only for the things I want to do not just for my family but for my neighbors and for all of the people I report to and am responsible to. At home, my husband and I have a honey-do list that we share the responsibility for. Just last night, we were making sure we changed the air filters and the batteries in our smoke detectors which are critically important to the safety of our children and our home. We were making sure that we adjusted our budget to deal with the unbelievable increase in energy costs. Don't think that every household is not looking at how important that is. Or making sure that our children get their health checkup and that they are up to date on their immunizations.

How blessed I felt when I walked into that pediatrician's office to know that through the Federal employees, I have insurance that will cover that. But it is important to make sure the things on my list get done so that the people in this world whom I love so dearly are as safe and as healthy as they possibly can be.

On that list is also setting aside dollars each year and every quarter in order to know that when my children become college age, they are going to have at least some kind of a nest egg, perhaps not enough to cover all that they need in order to get that education that I know is so critically important to their success and to the success of this country. These are the things that we want to challenge and to encourage our colleagues in the Senate to take up. These are the issues that American families see on their checklist every single day. These are things that we can do--we know that we can do. These are issues that affect every American family.

My good friend and colleague from California, Senator Feinstein, is going to talk about a humane and moral solution to stem cell research, on which she has worked for over 8 years now. There was a wonderful event in Arkansas for the Diabetes Association where I met a young woman with a daughter who talked about the transition, the complete change in life for their family in order to deal with a disease like diabetes in a child who is only 12 years old.

Mr. President, we plead with you, take a look at this list. Look at the reasonable items we are talking about that mean so much to the American families of this country.

I am here to talk about the keen awareness that we have of the challenges that are faced by working families who want nothing more than the security that health insurance offers. We, as Federal employees, enjoy a tremendous security. For over 40 years, the Federal Government has figured out that if it pools all 8 million of the Federal employees across this great country, it can provide greater choice at a lower cost.

We, too, can do that for the small businesses of this country. If we look around, we realize that nearly 46 million Americans lack health insurance, including 456,000 of my own Arkansans. Small businesses are the No. 1 source of jobs in Arkansas and in most parts of our country. Yet only 26 percent of businesses with fewer than 50 employees offer health insurance coverage today. Workers at these businesses are most likely to be uninsured. Yet they are the engine of our economy. They are the jobs that are not going to go offshore. They are the companies and the businesses in our communities that support our Little League and that sponsor our scouting events. These are the fabric of our country. Yet fewer than 26 percent are insured.

Small businesses need innovative ways to offer affordable, accessible health care to their employees. Recognizing that need for a new direction, Senator Durbin and I proposed the Small Employers Health Benefit Program. It is a comprehensive solution to our small business insurance crisis. It is based on 40 years of success with the Federal Employees Health Benefit Plan. It will create affordable private health insurance choices for small employers, and it will give working families the security and the comfort of mind that they need.

We challenge--we encourage--we plead with our Republican Congress and leadership to pass the Small Employers Health Benefit Program this session. It is something we can do that will make a tremendous difference in the lives of Americans.

We are going to keep fighting because we believe that working families should have the comfort of knowing that they can take their children to the doctor--whether it is for just a common cold or a broken arm or, heaven forbid, something much more serious--and be able to afford and access the care that they need.

We believe that expanding coverage for small businesses will go a long way toward making sure that the millions of Americans should and would have access to medical care. We believe that providing that kind of security is worth fighting for, and that is why we have joined together today to point out to the American people, particularly to our colleagues, the list that we carry around every single day in our pocketbooks, on our desks, and on our refrigerators at home. It is no different than the list that we present to you, and it is no different than the list that every American family has in their home.

We ask you, Mr. President, take a look at what we propose. Look at the time that we have remaining and know that we can make a difference in the fabric of this country by looking at the list of what America's working families need the most in their households.

I am proud to yield for my good friend and colleague from California, Senator Feinstein.

Mr. President, I rise today in honor one of our Nation's fallen, Army SPC Bobby West. He died defending this Nation so that others might have the same freedoms we cherish as Americans. For those who knew Specialist West, he will be remembered for the laughter he brought to the lives of those around him. He will also be remembered for acting on his conviction of defending and fighting for the values and liberties we hold so dear as Americans.

At 17, after graduating from Beebe High school, Bobby enlisted with the Arkansas National Guard. Like so many of us, he was deeply affected by the terrorist attacks that took place on September 11, 2001. However, he felt that the burden to defend our country rested squarely on his shoulders and shortly thereafter he enlisted in the Army with his older brother Patrick. Specialist West served our country in Egypt's Sinai Peninsula before being sent to Iraq. Tragically, he was serving his second tour of duty in Iraq and was killed when a roadside bomb detonated while he was on foot patrol with his unit in Baghdad on May 30. His unit was scheduled to leave Iraq in the fall.

I am honored to stand here today and pay tribute to a great soldier and more importantly a loving son, brother and friend. His loved ones remember how much laughter he brought to their lives with his quick wit and sense of humor. His fellow soldiers will remember him not only for the burden he carried with him to defend this Nation and bring freedom to others, but also for the competitiveness he brought to everything he did in life. His fellow soldiers tell the story of the fierce competitiveness he brought to a pickup basketball game while stationed in Egypt. Regardless of the fact that they were playing in a tin building in 125-135 degree heat, Bobby wouldn't let his opponents leave until they could beat him. It is this sense of commitment and dedication that he brought to his military service. He also believed in what he was doing and loved being a soldier. It is people like Bobby West who make our military the strongest in the world.

I am grateful for the service of Bobby West. I am also reminded of the tragic human cost of war and am saddened at the death of another Arkansas soldier. In the words of his brother, Bobby ``was born to defend the greatest Nation on Earth.'' He gave his life defending the greatest Nation on Earth and we owe him and all others who have made that sacrifice an enormous debt of gratitude. Our prayers are with his father Ricky West, his mother Linda Wiggins West, and his older brother Patrick West, and we all pray for the safe return of Patrick who is serving in Iraq with the 101st Airborne Division.

Mr. President, today I rise to speak on passage of the Safe and Timely Interstate Placement of Foster Children Act. This legislation seeks to expedite the interstate placement of foster children into the safe and nurturing families they so desperately need and deserve. In doing so, it encourages and provides incentives to States to help expedite the completion of home studies, which are all too often the cause or delays in interstate placement cases.

Nationwide, there are currently over 500,000 children in foster care, and more than 2,500 in my home State of Arkansas. On trips back home and in meetings with my constituents, I have listened to the many heartbreaking tales of children who continue to suffer needlessly because of barriers to their timely placement. While a recent increase in the number of adoptions has allowed many of these children to spend less time in foster care homes, an unacceptably large number still encounter barriers that delay their timely placement. This is particularly the situation for children placed across State lines. In fact, recent reports indicate that interstate placements take an average of one year longer than placements within a State.

The situation is unacceptable, and I am grateful that we are addressing this issue by taking a step forward. Although we are taking that step here today, we must also recognize that we are improving a process, not fixing it. In cooperation with our State child welfare agencies and State court systems, we need to continue working to finish the task before us by carefully evaluating improvements that result from passage of this legislation and looking at other ways Federal and State agencies can work together in the future to make interstate placements work even better.

We must work together to provide both better guidelines for the process of gaining approval for sending children across State lines while allowing States the much-needed flexibility to cater them to their specific circumstances. We must work together to find a way to set deadlines that expedite the processing of home studies yet does not set unrealistic timelines on our States. We must work together to find better ways to ensure more efficiency in the process while also taking each State's circumstances under consideration.

In short, we must continue working together to ensure that no more of our children are unnecessarily stuck in foster homes because of bureaucratic inefficiencies, unnecessary delays, and red tape. We can do better by these children. The opportunity to grow up in a nurturing, loving, and stable family is something that none of us should take for granted. It is our duty in this Congress to ensure that these children are not denied this opportunity, but given timely placement with the home and the family that each and every one of them deserve.

Mr. President, today I offered an amendment on behalf of the brave men and women of our National Guard and Reserve who have sacrificed so greatly for our freedom. This amendment would allow members of the Selected Reserve who have been activated for extended durations to utilize some of the educational benefits they have earned once they separate from service.

Since World War II, providing educational benefits to returning servicemembers has served an invaluable role in stimulating recruitment and retention for our armed services. In assisting veterans readjusting to civilian life, these educational benefits have also enhanced our Nation's competitiveness through the development of a more highly educated and productive workforce.

When the Montgomery GI bill was signed into law in 1984, members of the Selected Reserve--members of the National Guard and Reserve on active status or performing initial Active Duty training--were seldom mobilized. Consequently, standard Montgomery GI Bill benefits reflected that reality. That is not the same reality today.

More than 500,000 members of the National Guard and Reserve have been called up since the terrible events of September 11, 2001, and more than 70,000 have pulled two or more tours of duty. In my State of Arkansas, nearly 3,400 of our National Guard's 39th Infantry Brigade were called to serve in Operation Iraqi Freedom. These citizen soldiers served with distinction and did so in some of the worst conditions imaginable. While their families and their communities have welcomed them home with open arms, our Nation should do the same by ensuring they receive the benefits and services they need as they transition back to their civilian lives.

The rising price of higher education, increases in the interest rates on student loans, and the limited earnings ability of those who return from the service with only high school credentials make educational benefits a primary means of helping members of the Selected Reserve make that transition. In addressing this issue, Congress took a step in the right direction in October 2004 with creation of the Reserve Education Assistance Program. This program provided enhanced Montgomery GI bill benefits for members of the Selected Reserve who were activated since September 11, 2001, and mobilized for more than 90 days in response to a contingency operation--a war or national emergency as declared by the President or Congress.

Although increasing benefits was a step in the right direction, it did not address the lack of a readjustment or transition component to these educational benefits. As a result, Active-Duty servicemembers have up to 10 years after their separation of service to utilize their MGIB benefits, while members of the Selected Reserve must forfeit all of the educational benefits they have earned once they separate from the Selected Reserve. Montgomery GI bill benefits continue to be the only benefit that those who have served Selected Reserve activated duty in the war on terrorism may not access when they eventually separate or retire.

For example, a young man enlists in the Arkansas National Guard for a 6-year commitment after graduating from high school in 2001. He is mobilized in June 2005 and will return home from Iraq in September 2006, a 15-month mobilization. He plans to complete his service in June 2007 and use the Montgomery GI bill benefits he earned during his mobilization to attend the University of Arkansas. Under current law, he would forfeit all of these benefits once he leaves the Guard. I believe our young men and women who have fulfilled their service obligations deserve better than that.

Specifically, my amendment would allow members of the Selected Reserve to have portability of their chapter 1607 Montgomery GI bill benefits for up to 10 years from their last date of service. To clarify, this amendment applies only to their chapter 1607 benefits-- those they have earned through activated service--and not their standard Selected Reserve educational benefits, chapter 1606 benefits.

Some have raised concerns that this amendment would have an effect on retention because it would provide a post-service portability of benefits. I disagree. There are many valid personal and family reasons that influence a volunteer's decision to serve. Military analysts have consistently noted that reenlistment bonuses in lump-sum cash payments have been effective in

meeting or exceeding reenlistment goals in the Active and Reserve Forces, not the educational benefits that are deferred over time.

Further, there is a built-in incentive to continue serving in the Selected Reserve because reenlistment or extension in the Guard and Reserve enables the servicemember to retain their standard Selected Reserve Montgomery GI bill benefits under chapter 1606 with the potential to acquire more chapter 1607 benefits through successive activations. If they reenlist, they would also remain eligible for any other educational ``kickers'' such as Federal tuition assistance and state Guard or Reserve educational benefits.

Young high school graduates thinking about furthering their educations and whether to join the Guard or Reserve should know that they will earn Montgomery GI bill benefits by joining the Reserves and even more if they are called up. When it is time to reenlist, they can keep all earned educational benefits by staying in or can take with them into civilian life the benefits they earned when they were called up to defend our Nation.

As the daughter of a Korean war veteran, I was taught from an early age about the sacrifices our troops have to make to keep our Nation free and have been grateful for the service of so many of our brave men and women from the State of Arkansas and across the Nation. On behalf of them and their families, I will continue to fight to ensure they are provided with the benefits, pay, and health care that they have earned. I urge my colleagues to support this amendment. It is the least we can do for those whom we owe so much and to reassure future generations that a grateful nation will not forget them when their military service is complete.

I suggest the absence of a quorum.

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

Mr. President, I come to the Senate today to discuss the issue of estate tax with a little bit of a different perspective from some of my Democratic colleagues who have spoken so very passionately on this issue already today.

I respect many of their approaches and concerns, but I come to this issue from a little bit of a different perspective. That perspective is because I believe the estate tax in its current form is unfair.

Outright repeal of the estate tax for family-owned businesses and farms has been a goal of mine since I entered Congress 14 years ago. I have grown up on a seventh generation Arkansas

farm. I have watched as small communities and family-owned businesses have dwindled from their inability to maintain their competitiveness in the ever-growing global community, but also with the unbelievable challenges they face of the cost of health care, the cost of doing business, real estate costs, and others.

I have seen too many small business owners and farmers in my home State restrict the growth of their enterprises in order to avoid facing the impossible choice of leaving their families with an up to 55 percent Federal tax burden or the other option of selling off portions of their assets when they die in order to pay that tax.

However, because of our current budgetary constraints, I do recognize outright repeal is not feasible. Not at this time. With that said, it is more important than ever that we do what we can now to provide some certainty and relief for those who are so drastically impacted by this tax.

Last week, I received a phone call from a constituent who owns a family trucking and farming equipment business. The business was started by the family in 1927. Over the years and through much hard work they have grown from a small dealership into a thriving family business that now employs more than 450 Arkansans.

I hope many of us will continue to focus on the issue that small businesses are the No. 1 employer in this country and are the least likely to send their jobs overseas. They are the foundation, in many instances, of our communities. Whether it is the sponsor of our Little League teams or the group that is sponsoring the Cub Scout campout, we know they are the heart of our communities in rural America.

Seeing this business grow, we all are thrilled to hear these stories. I am particularly thrilled to hear stories of families, families who have invested their capital, their hard work, ideas, and their lives in their trade, and are ultimately successful in realizing that American dream we all talk about.

This same story is repeated all over our great State of Arkansas, whether it be the jewelry store owner in Fayetteville, the meatpacker in Morrilton, the car dealer in Springdale, or the timber farmer in Monroe County.

Indeed, these stories can be heard across our entire Nation. Family businesses are the engines of our small communities. It is the family- owned businesses that provide the jobs, the wages, and the health care, in most instances, for our constituents. It is the family-owned business that sponsors our Little League teams or pays our local State and Federal taxes. They are an intricate part of the community. They live in our rural communities. They care about what happens to them.

Yet because of the estate tax, we are forcing them to spend valuable assets on estate planning and life insurance rather than creating more jobs by investing and expanding their businesses. We are putting them at a disadvantage with their publicly traded competitors.

What kind of risk do major publicly traded corporations have to mitigate against with the death of a CEO? None. But a family-owned business has to spend tremendous amounts of resources in mitigating against that risk.

I, for one, intend to fight for these family businesses, fight for these communities, and fight for these jobs in rural America. Unfortunately, as this businessman from my State was quick to point out to me, we in Washington have left far too many of these family businesses in a quagmire as a result of the erratic estate tax policy we set in 2001. Under the Economic Growth and Tax Relief Reconciliation Act of 2001, the estate tax will be phased out in 2010 only to come back in full force in 2011 at a 55-percent rate.

For the family-owned business and farms which comprise more than 80 percent of all business enterprises in America, and which spend tens of thousands of dollars each year in planning for this tax, the status quo is unacceptable. It is not acceptable because many of our mom-and-pop shops are having to lock a significant portion of their capital resources into estate planning that may or may not be needed down the road. For small businesses with very limited liquidity, the uncertainty is paralyzing at a time when we should be giving them every opportunity to expand.

At the expense of our family businesses, this issue has been used by some as a political football for far too long. It should end now. It can end now. Since current policy was set in 2001, we have revisited this issue in the Senate on multiple occasions. However, each time we have had the opportunity to act, we have failed to reach a reasonable solution, a compromise, which is what most people in this country want Congress to do, to come together to bring results for the problems they experience, not an end-all-be-all solution but a compromise that gets them some results.

In this Congress, interested parties on both sides of the aisle have been at the negotiating table since early last summer. We have the information we need to form a compromise solution. We have that opportunity now. It is my understanding from leaders on the other side of the aisle that should a true compromise be forged on this issue prior to tomorrow's vote, a vote on that compromise would be allowed.

Let me emphasize again, the time for a solution is now. Our economy is yearning for the investment of these small businesses, these family- owned businesses, that can help regenerate what we need in our economy, the jobs in our community that we need them to expand on. The time for the solution is now, not later.

We have told these family businesses now is not the time far too many times already. I am so very hopeful this time we will do better. We know we do not have the perfect solution. But we also know if we do not seize the opportunity to provide them the certainty they need to continue their businesses, to take the money they are now spending on estate planning and reinvest those dollars into the job creation and the expansion of their businesses, we will have missed a great opportunity.

We have the opportunity to come together, to provide some certainty for these family businesses through the estate tax reform by raising the estate tax exemption, reducing that tax rate to a reasonable level. Let's not let that opportunity slip away.

I encourage my colleagues, come to the table. Look at what we have to work with. We have enthusiastic American family jobs and businesses that want desperately to be a part of making this country strong. We have an opportunity to offer them some solutions, some certainty, in order to be able to do just that, to give back to this great country that has given them the opportunity to create and build a family and a family business they are enormously proud of.

Let us not let this opportunity slip away. I encourage my colleagues to please take seriously this issue--not politically, but seriously, the issue of the relief that we can provide by coming together on a compromise.

I yield the floor.