Floor Statements

Mr. President, I ask unanimous consent that when the Senate reconvenes at 2:15, the following Senators be recognized to speak as in morning business: Roberts, 30 minutes; Mikulski, 15 minutes; Carper, 30 minutes; I further ask unanimous consent that if a Republican Senator seeks recognition between Senator Mikulski and Senator Carper, my request be so modified.

Mr. President, on November 21, America lost a great journalist and a wonderful human being when Hugh Sidey passed away at the age of 78. Hugh Sidey was a man I admired and read for many, many years. He was an observer of the world and a preeminent chronicler of our times. It was one of the great joys of my life that since coming to the Senate 9 years ago, I had the opportunity, from time to time, to sit-down with Hugh Sidey and get his sense of the world. He understood the intricacies of politics and policy but, more than that, he understood the human dynamic of our business. He understood people.

Hugh Sidey approached the world with a Midwestern sensibility and a simple decency. Raised in a newspaper family in Greenfield, IA, he learned his craft at the Omaha World-Herald among other stops early in his career. At Time Magazine he covered every American President from Dwight Eisenhower to George W. Bush. He understood politics and the presidency because he understood America. In a 1979 Time Magazine Presidency column, Hugh Sidey said this about our political system:

Politics, when all is said and done, is a business of

belief and enthusiasm. Hope energizes, doubt destroys.

Hopelessness is not our heritage.

That observation hangs on the wall of my Senate office. In three simple sentences, Hugh Sidey summed up what is good about our country and what American politics can be at its best.

President Gerald Ford paid an eloquent tribute to the life and legacy of Hugh Sidey in a November 26th Washington Post op-ed. Mr. President, I submit President Ford's tribute to this great American for the Congressional Record. America will miss Hugh Sidey.

The tribute follows.

[From the Washington Post, Nov. 26, 2005]

The Friendship, and Toughness, of Hugh Sidey

(By Gerald R. Ford)

It wasn't supposed to be this way. Like most men my age, I

have given a thought or two to my funeral. As a former

president, I'm almost required to, since the military

periodically updates its plans, and each presidential family

is solicited for personal touches. Among these is a choice of

eulogists. Thus it was, a few months ago, that I called Hugh

Sidey.

We'd known each other forever, Hugh coming to Washington

just a few years after the voters of Michigan's 5th

Congressional District sent me there. Maybe it was our shared

Midwestern background, his transparent decency or the tough

but fair coverage he accorded me and nine other American

presidents; in any event, I had always regarded Hugh as a

friend. So I asked him if he would do me the honor of

speaking at Washington's National Cathedral when the time

came.

I did so in part for symbolic reasons. I like reporters,

even if I haven't always liked what some wrote about me. I

figure that's a pretty minor price to pay for a free press in

a free society. But I also hoped to remind people in our

often overheated era that it is possible for a politician and

a journalist to enjoy mutual respect, admiration and, yes,

friendship, all the while understanding the necessarily

adversarial relationship that often exists between those in

power and those who report on their activities.

Hugh Sidey died this week at the age of 78. Anyone who read

him knew America's presidents. Anyone who knew him knew

America. In a very real sense, he never left Greenfield,

Iowa, where four generations of Sideys practiced journalism

with integrity and the perspective that laughter uniquely

supplies. ``A sense of humor . . . is needed armor,'' he once

wrote of the presidency. ``Joy in one's heart and some

laughter on one's lips is a sign that the person down deep

has a pretty good grasp on life.''

Hugh had a sure grasp of life. An insider who never forgot

those on the outside, he was warm and wise about Washington

and its rituals. He appreciated Woodrow Wilson's observation

that men who arrive in our nation's capital--presidents

included--have a tendency to either grow or swell. But he was

incapable of cynicism. Hugh scored more than, his share of

scoops, but along with the ability to pierce official secrecy

went an empathy that enabled him to see the White House and

its occupants first and always as very human beings.

Whether reporting of the U-2 crisis, the Missiles of

October or the 22nd of November; Vietnam or Watergate;

Richard Nixon's opening to China, or Jimmy Carter's high-risk

diplomacy at Camp David; Ronald Reagan's years of renewal;

the tumult of the '90s followed by the shattering events of

Sept. 11--Hugh put readers at the center of events. At the

same time, he made it possible for millions who might never

visit the White House to experience it, in good and not so

good times, through a President's eyes and ears.

Over the years he became something of a Washington

institution himself, seemingly as much a part of the

presidency as Air Force One or Camp David. Yet he never

behaved like an institution, and I suspect he never stopped

pinching himself over his extraordinary good fortune.

For his friends, and they are legion, the good fortune was

to know and learn from and simply enjoy Hugh's company. Now

he is forever part of the old house whose history he brought

to life. Hugh not only explained Washington to the rest of

America; by being the kind of person, he was, no less than by

setting the highest of journalistic standards, Hugh Sidey

also embodied the best of America in Washington.

Mr. President, I rise to express my sympathy over the loss of U.S. Army SSG Jason A. Fegler. Staff Sergeant Fegler died November 4 in Baghdad, Iraq. He was 24 years old.

Staff Sergeant Fegler grew up in rural Banner County, NE, and graduated from Banner County High School in 1999. He served more than 4 years in the U.S. Marine Corps before recently transferring to the U.S. Army. He had hopes of joining the Army's Special Forces. Staff Sergeant Fegler was a member of Company C, 1st Battalion, 502nd Infantry Regiment, 101st Airborne Division, Fort Campbell, KY. Staff Sergeant Fegler will be remembered as a loyal soldier who had a strong sense of duty, honor, and love of country. Thousands of brave Americans like Staff Sergeant Jason Fegler are currently serving in Iraq.

Staff Sergeant Fegler is survived by his wife, Shianne, who is in the U.S. Navy, and their son, Aiden, 2, of Virginia Beach, VA. He is also survived by his mother and stepfather, Rita and Eugene Snyder of Harrisburg, NE; and father, Jim Fegler of Sierra Vista, AZ. Our thoughts and prayers are with them at this difficult time. America is proud of Staff Sergeant Fegler's heroic service and mourns his loss.

I ask my colleagues to join me and all Americans in honoring SSG Jason A. Fegler.

Captain Joel Cahill

Mr. President, I rise to express my sympathy over the loss of U.S. Army CPT Joel Cahill. Captain Cahill died of wounds suffered on November 6, while on patrol in Ad Dawr, Iraq. He was 34 years old.

Captain Cahill graduated in 1989 from Papillion-La Vista High School in Nebraska. Captain Cahill graduated magna cum laude in 1999 from the University of Nebraska-Omaha, where he was a member of the ROTC program. He was a 15-year military veteran and in the midst of his fourth tour of combat duty, having served one tour in Iraq and two tours in Afghanistan. In 1998, he was awarded the Soldier's Medal for selfless action in a noncombat situation. A live grenade accidentally landed next to Captain Cahill's men during training at Fort A.P. Hill, VA. Captain Cahill grabbed the grenade and hurled it out of harm's way, saving the lives of his fellow soldiers. Captain Cahill was a member of Company B, 1st Battalion, 15th Infantry Regiment, 3rd Infantry Division, Fort Benning, GA. Captain Cahill will be remembered as a loyal soldier who had a strong sense of duty, honor, and love of country. Thousands of brave Americans like CPT Joel Cahill are currently serving in Iraq.

Captain Cahill is survived by his wife, Mary, a U.S. Army nurse, and their two children, Faith, 4, and Brenna, 3, of Columbus, GA. He is also survived by his mother and father, Barbara and Larry Cahill of Gretna, NE; sister, Erin Christensen; and brothers Larry Jr., Randy and Jason. Our thoughts and prayers are with them at this difficult time. America is proud of Captain Cahill's heroic service and mourns his loss.

I ask my colleagues to join me and all Americans in honoring CPT Joel Cahill.

Mr. President, I rise to express my sympathy over the loss of Darren Howe of Beatrice, NE, a specialist in the U.S. Army. Specialist Howe died of wounds suffered after his Bradley fighting vehicle was struck by a roadside bomb on October 17, near Samarra, Iraq.

Though severely burned, Specialist Howe regained control of the Bradley, and helped evacuate soldiers in the rear of the vehicle. His efforts helped save the lives of his fellow soldiers. He was 21 years old.

Specialist Howe grew up in Beatrice, NE, and graduated from Beatrice high school in 2003. He joined the Army Reserve in High School, and upon graduation enlisted in the Army full time. Specialist Howe was a member of Company A, 1st Battalion, 15th Infantry Regiment, 3rd Infantry Division, Fort Benning, GA. Specialist Howe will be remembered as a loyal soldier who had a strong sense of duty, honor, and love of country. Thousands of brave Americans like Specialist Darren Howe are currently serving in Iraq.

Specialist Howe is survived by his wife Nakia and their two children, Shaye-Maleigh, 3, and Gary-Dean, 1. He is also survived by his mother and stepfather, JoDee and Greg Klaus of Beatrice; father and stepmother, Steve and Beau Howe of Emporia, KS, brother Brandon Howe and step-brother Alex Klaus. Our thoughts and prayers are with them at this difficult time. America is proud of Specialist Howe's heroic service and mourns his loss.

I ask my colleagues to join me and all Americans in honoring Specialist Darren Howe.

Tribute to Private First Class Tyler MacKenzie

Mr. President, I call up amendment No. 2391 and ask for its immediate consideration.

I ask unanimous consent that reading of the amendment be dispensed with.

Mr. President, the significance of Fannie Mae and Freddie Mac to our economy cannot be overstated. Together they guarantee almost 46 percent of all mortgage loans in the United States. They also back over $3.9 trillion in mortgage-backed securities and have amassed over $1.7 trillion in outstanding debt. This amendment would require Fannie and Freddie to register their debt in securities with the Securities and Exchange Commission, like any other company. Both are currently exempt from having to do so and, because of this, both are exempt from the accounting requirements of Sarbanes-Oxley. The Senate Banking Committee, under the leadership of Chairman Shelby, passed a comprehensive, strong, GSE regulatory reform bill earlier this year. We need to take this bill up in this Congress.

Amendment No. 2391, Withdrawn

I ask unanimous consent that Senator Sununu be allowed to speak for 1 minute, after which I ask that amendment No. 2391 be withdrawn.

Mr. President, I rise today to introduce my comprehensive immigration reform legislation. This legislative package consists of four bills that deal with national security, employment security, America's workforce, and bringing accountability to those living here illegally. This package is an enhanced version of immigration reform legislation I introduced in 2004 with former Senate Minority Leader Tom Daschle.

Immigration reform is an urgent national security priority. We cannot continue to defer making tough choices about our nation's immigration policy. It is not in our interest to have 8 to 12 million people undocumented and unaccounted for in our country. The American people won't accept immigration reform until they are convinced we are controlling our borders. Congress must reform the patchwork of immigration laws that have created an underground, black market labor force.

The first bill is the Strengthening America's Security Act of 2005. The bill strengthens national security and U.S. borders by assisting law enforcement in their efforts to secure our borders. It will increase the number of Customs and Border Protection officers; require DHS to use updated technology at the border; increase criminal penalties for alien smuggling, document fraud, misuse of social security numbers, gang violence, and drug trafficking at the border; authorize continued funds to reimburse states for the costs of detaining undocumented aliens; and give DHS additional tools to detain and deport undocumented aliens.

The second bill, the Employment Verification Act of 2005, requires employers to verify the employment eligibility of their employees. The bill will assist all employers in their effort to hire legal workers by establishing a mandatory electronic worker verification system. The system would be managed by DHS in conjunction with the Social Security Administration. The system will allow employers to immediately verify whether an individual is authorized to work in the U.S. This system is already being used by the federal government and by certain employers across the country, including some in Nebraska. The system will be phased-in over a 5 year period, starting with large employers. The legislation includes protections to ensure that the system will not result in hiring discrimination based on race or national origin, nor will it interfere with the regular hiring process. Employers who use the system will receive a ``safe-harbor'' from prosecution for hiring unauthorized workers.

The Strengthening America's Workforce Act of 2005 will amend the Immigration and Nationality Act to address

the demand for foreign workers. The bill will provide foreign workers for low-skilled jobs that would otherwise go unfilled by admitting a limited number of workers annually through a new temporary worker program. Employers seeking to hire foreign workers through this program must first demonstrate that no qualified U.S. worker exists and that they will provide the same wage levels and working conditions as U.S. workers. Workers will be admitted for a limited period of time and will be allowed to change employers. Visas are good for 2 years and can be renewed. Qualified workers and their families would be provided an opportunity to adjust their immigration status over time.

In order to address the need for high-tech workers and to reduce the existing worker visa backlog, this legislation would allow foreign students who have earned an advanced degree in science, technology, engineering or math from U.S. universities to receive a H-1B work visa without leaving the country and without regard to the annual cap of 65,000. In addition, high-tech workers who have worked in the U.S. for three years may be allowed to adjust to permanent resident status without regard to the annual cap of 140,000. The spouses and children of immigrant workers would also be allowed to adjust status without regard to this cap.

In order to encourage more foreign students to study in the U.S., this legislation would give full-time foreign college and graduate students the opportunity to work part-time while studying at U.S. universities.

The fourth bill, the Immigrant Accountability Act of 2005, will amend the Immigration and Nationality Act in order to encourage those in the U.S. illegally to apply for legal status. The legislation would create an earned adjustment program for long-term undocumented Immigrants and provide an opportunity for illegal aliens and their families to become invested stakeholders in the country if they can demonstrate that they have met all of the following requirements:

Passed national security and criminal background checks;

Resided in the U.S. for at least 5 years preceding the date of introduction;

Worked a minimum of 3 years in the U.S. preceding the date of introduction, and 6 years after introduction;

Paid all Federal and State taxes;

Registered for Military Selective Service;

Demonstrated knowledge of English language and American civics requirements;

Paid a $2,000 fine, in addition to required application fees. Fines assessed from this program could total as much as $12 billion.

The legislation would create a program for short-term undocumented immigrants who cannot meet the work or residence requirements. They will register with DHS and will be allowed to apply for a visa. However, these undocumented immigrants must return to their home country to obtain the visa and be readmitted through the legal process. These undocumented immigrants will have three years to complete the application process and will be authorized to work during that time.

There is a backlog reduction provision in the bill that would exempt certain individuals, living outside the U.S., from existing caps on family-based immigrant visas. This section was originally included in the 2004 Hagel/Daschle Immigration Reform bill.

The new fines and fees created by this legislation will fund the new and expanded programs created in it. Fines assessed by this legislation could total as much as $12 billion. A majority of the funds will come from the $2000 fine illegal aliens would pay under the Earned Adjustment Program.

This legislation is the product of years of discussions with law enforcement, business, labor, and advocacy communities. The bills are a serious effort to meet the President's principles for reform with commonsense legislation. In March, I visited the Mariposa Nogales Port of Entry in Arizona at the U.S.-Mexico border and saw first-hand border patrol operations with U.S. Customs and Border Protection agents.

I understand that immigration reform is a complex and difficult issue. In addition to the legislation I have introduced today, there are other proposals on the table. The American people won't accept any more excuses. Now is the time for us to stop deferring tough decisions and take action on this urgent national priority.

Mr. President, I rise today to introduce my comprehensive immigration reform legislation. This legislative package consists of four bills that deal with national security, employment security, America's workforce, and bringing accountability to those living here illegally. This package is an enhanced version of immigration reform legislation I introduced in 2004 with former Senate Minority Leader Tom Daschle.

Immigration reform is an urgent national security priority. We cannot continue to defer making tough choices about our nation's immigration policy. It is not in our interest to have 8 to 12 million people undocumented and unaccounted for in our country. The American people won't accept immigration reform until they are convinced we are controlling our borders. Congress must reform the patchwork of immigration laws that have created an underground, black market labor force.

The first bill is the Strengthening America's Security Act of 2005. The bill strengthens national security and U.S. borders by assisting law enforcement in their efforts to secure our borders. It will increase the number of Customs and Border Protection officers; require DHS to use updated technology at the border; increase criminal penalties for alien smuggling, document fraud, misuse of social security numbers, gang violence, and drug trafficking at the border; authorize continued funds to reimburse states for the costs of detaining undocumented aliens; and give DHS additional tools to detain and deport undocumented aliens.

The second bill, the Employment Verification Act of 2005, requires employers to verify the employment eligibility of their employees. The bill will assist all employers in their effort to hire legal workers by establishing a mandatory electronic worker verification system. The system would be managed by DHS in conjunction with the Social Security Administration. The system will allow employers to immediately verify whether an individual is authorized to work in the U.S. This system is already being used by the federal government and by certain employers across the country, including some in Nebraska. The system will be phased-in over a 5 year period, starting with large employers. The legislation includes protections to ensure that the system will not result in hiring discrimination based on race or national origin, nor will it interfere with the regular hiring process. Employers who use the system will receive a ``safe-harbor'' from prosecution for hiring unauthorized workers.

The Strengthening America's Workforce Act of 2005 will amend the Immigration and Nationality Act to address

the demand for foreign workers. The bill will provide foreign workers for low-skilled jobs that would otherwise go unfilled by admitting a limited number of workers annually through a new temporary worker program. Employers seeking to hire foreign workers through this program must first demonstrate that no qualified U.S. worker exists and that they will provide the same wage levels and working conditions as U.S. workers. Workers will be admitted for a limited period of time and will be allowed to change employers. Visas are good for 2 years and can be renewed. Qualified workers and their families would be provided an opportunity to adjust their immigration status over time.

In order to address the need for high-tech workers and to reduce the existing worker visa backlog, this legislation would allow foreign students who have earned an advanced degree in science, technology, engineering or math from U.S. universities to receive a H-1B work visa without leaving the country and without regard to the annual cap of 65,000. In addition, high-tech workers who have worked in the U.S. for three years may be allowed to adjust to permanent resident status without regard to the annual cap of 140,000. The spouses and children of immigrant workers would also be allowed to adjust status without regard to this cap.

In order to encourage more foreign students to study in the U.S., this legislation would give full-time foreign college and graduate students the opportunity to work part-time while studying at U.S. universities.

The fourth bill, the Immigrant Accountability Act of 2005, will amend the Immigration and Nationality Act in order to encourage those in the U.S. illegally to apply for legal status. The legislation would create an earned adjustment program for long-term undocumented Immigrants and provide an opportunity for illegal aliens and their families to become invested stakeholders in the country if they can demonstrate that they have met all of the following requirements:

Passed national security and criminal background checks;

Resided in the U.S. for at least 5 years preceding the date of introduction;

Worked a minimum of 3 years in the U.S. preceding the date of introduction, and 6 years after introduction;

Paid all Federal and State taxes;

Registered for Military Selective Service;

Demonstrated knowledge of English language and American civics requirements;

Paid a $2,000 fine, in addition to required application fees. Fines assessed from this program could total as much as $12 billion.

The legislation would create a program for short-term undocumented immigrants who cannot meet the work or residence requirements. They will register with DHS and will be allowed to apply for a visa. However, these undocumented immigrants must return to their home country to obtain the visa and be readmitted through the legal process. These undocumented immigrants will have three years to complete the application process and will be authorized to work during that time.

There is a backlog reduction provision in the bill that would exempt certain individuals, living outside the U.S., from existing caps on family-based immigrant visas. This section was originally included in the 2004 Hagel/Daschle Immigration Reform bill.

The new fines and fees created by this legislation will fund the new and expanded programs created in it. Fines assessed by this legislation could total as much as $12 billion. A majority of the funds will come from the $2000 fine illegal aliens would pay under the Earned Adjustment Program.

This legislation is the product of years of discussions with law enforcement, business, labor, and advocacy communities. The bills are a serious effort to meet the President's principles for reform with commonsense legislation. In March, I visited the Mariposa Nogales Port of Entry in Arizona at the U.S.-Mexico border and saw first-hand border patrol operations with U.S. Customs and Border Protection agents.

I understand that immigration reform is a complex and difficult issue. In addition to the legislation I have introduced today, there are other proposals on the table. The American people won't accept any more excuses. Now is the time for us to stop deferring tough decisions and take action on this urgent national priority.

Mr. President, today I introduce legislation to create a bi-partisan Entitlement Reform Commission. The Commission will review America's three major entitlement programs, Social Security, Medicare and Medicaid, and make comprehensive recommendations to Congress and the President that would sustain the solvency and stability of these three programs for future generations. Representative John Tanner, D- TN, has joined me by introducing this legislation in the House of Representatives.

Social Security, Medicare and Medicaid have played a vital role for millions of Americans to cope with the financial burdens of retirement and health care costs. However, over the next 75 years these three programs represent a 42 trillion dollar unfunded commitment are on a trajectory that cannot be sustained. The Social Security Trust Fund faces a four trillion dollar unfunded commitment and will pay out more money than it takes in beginning in 2017; it will be exhausted in 2041. The Medicare Part A Trust Fund, hospital insurance, faces an 8.6 trillion dollar unfunded commitment and will be exhausted even sooner in 2020. The remainder of the 42 trillion dollar unfunded commitment includes 12.4 trillion dollars for Medicare Part B, supplementary medical insurance; 8.7 trillion dollars for Medicare Part D, prescription drugs; and 8.4 trillion dollars for Medicaid.

We have no idea where we are going to get the money to pay for these commitments. We must deal with these challenges today while we still have options so that our children will not be severely burdened with paying for huge entitlement commitments when they are competing in a far more competitive world than exists today. To leave future generations in this predicament would be an irresponsible and colossal failure of our generation.

Eight members will sit on the Commission established in my legislation. The House Speaker, House Minority Leader, Senate Majority Leader and Senate Minority Leader will each appoint two members. Members cannot be elected officials. The Commission will select two Co- Chairmen from among its members and hire an Executive Director.

The Commission must submit its final report to the President and Congress one year after the selection of the two Co-Chairmen of the Commission and the Executive Director. Congress will hold Committee hearings to review the Commission's recommendations. The bill authorizes 1.5 million dollars to carry out the Commission's tasks.

In March 2005, Federal Reserve Chairman Alan Greenspan urged Congress to act on modernizing entitlement programs, ``sooner rather than later.'' He warned that unless we act now to meet the huge unfunded commitments of our entitlement programs, there will be significant economic consequences for our nation. Dealing with this problem now means facing less dramatic and difficult choices down the road. The earlier we confront this reality, the more options we will have to pursue a wise and sustainable course of action.

I am 59 years old. I am at the front end of the ``baby boom'' generation. My daughter is 15 years old and my son is 13 years old. I don't want to fail their generation. That means addressing these entitlement programs now while we have time to do it in a responsible way. This is a defining debate for today's leaders. Doing nothing is irresponsible and cowardly. It is in every American's interest to deal with this challenge now. We have it in us to do what needs to be done. I invite my colleagues to cosponsor this legislation.

Mr. President, today I introduce legislation to create a bi-partisan Entitlement Reform Commission. The Commission will review America's three major entitlement programs, Social Security, Medicare and Medicaid, and make comprehensive recommendations to Congress and the President that would sustain the solvency and stability of these three programs for future generations. Representative John Tanner, D- TN, has joined me by introducing this legislation in the House of Representatives.

Social Security, Medicare and Medicaid have played a vital role for millions of Americans to cope with the financial burdens of retirement and health care costs. However, over the next 75 years these three programs represent a 42 trillion dollar unfunded commitment are on a trajectory that cannot be sustained. The Social Security Trust Fund faces a four trillion dollar unfunded commitment and will pay out more money than it takes in beginning in 2017; it will be exhausted in 2041. The Medicare Part A Trust Fund, hospital insurance, faces an 8.6 trillion dollar unfunded commitment and will be exhausted even sooner in 2020. The remainder of the 42 trillion dollar unfunded commitment includes 12.4 trillion dollars for Medicare Part B, supplementary medical insurance; 8.7 trillion dollars for Medicare Part D, prescription drugs; and 8.4 trillion dollars for Medicaid.

We have no idea where we are going to get the money to pay for these commitments. We must deal with these challenges today while we still have options so that our children will not be severely burdened with paying for huge entitlement commitments when they are competing in a far more competitive world than exists today. To leave future generations in this predicament would be an irresponsible and colossal failure of our generation.

Eight members will sit on the Commission established in my legislation. The House Speaker, House Minority Leader, Senate Majority Leader and Senate Minority Leader will each appoint two members. Members cannot be elected officials. The Commission will select two Co- Chairmen from among its members and hire an Executive Director.

The Commission must submit its final report to the President and Congress one year after the selection of the two Co-Chairmen of the Commission and the Executive Director. Congress will hold Committee hearings to review the Commission's recommendations. The bill authorizes 1.5 million dollars to carry out the Commission's tasks.

In March 2005, Federal Reserve Chairman Alan Greenspan urged Congress to act on modernizing entitlement programs, ``sooner rather than later.'' He warned that unless we act now to meet the huge unfunded commitments of our entitlement programs, there will be significant economic consequences for our nation. Dealing with this problem now means facing less dramatic and difficult choices down the road. The earlier we confront this reality, the more options we will have to pursue a wise and sustainable course of action.

I am 59 years old. I am at the front end of the ``baby boom'' generation. My daughter is 15 years old and my son is 13 years old. I don't want to fail their generation. That means addressing these entitlement programs now while we have time to do it in a responsible way. This is a defining debate for today's leaders. Doing nothing is irresponsible and cowardly. It is in every American's interest to deal with this challenge now. We have it in us to do what needs to be done. I invite my colleagues to cosponsor this legislation.

Mr. President, I rise in support of Senator McCain's amendment No. 1977 regarding the treatment of individuals who are in the custody or control of the United States.

I cosponsored this amendment because the men and women making sacrifices to defend our country deserve clear standards for the treatment of detainees under U.S. control. It is the responsibility of both the Executive and Congress to provide clear guidance and leadership that will direct the actions of our troops.

We have failed to meet this obligation. Soldiers continue to report that the lack of clear guidance has created an atmosphere of confusion and uncertainty around the world. Our failure to confront this issue puts our troops at greater risk of abuse and mistreatment and undermines our credibility.

This amendment will strengthen our ability to fight those who threaten the United States. This amendment codifies into law that the Army Field Manual must be used as the standard for interrogations. In addition, the amendment codifies that the U.S. will not subject detainees to cruel, inhumane and degrading treatment.

This is a commonsense amendment that protects our troops and upholds the standards that this country has held to since the beginning of our Republic.

I urge my colleagues to vote in support of this amendment.

Mr. President, currently there are service members in our Armed Forces with disabled dependents who have lost or are in danger of losing Supplemental Security Income, SSI, eligibility or benefits. This issue not only affects our regular active duty service members, but our mobilized National Guard and Reserve service members as well.

Supplemental Security Income is a Federal income supplement program, funded by tax revenues, designed to provide cash to meet basic needs for food, clothing, and shelter for aged, blind, and disabled people.

Under current law, section 1612(a) of the Social Security Act, only military basic pay is counted as earned income for the purposes of determining SSI eligibility and benefit amount. Special pay and allowances are counted as unearned income. As a result, a disabled child or spouse of a service member can lose SSI eligibility or have a benefit reduction due to the way military compensation is presently counted.

Because a significant portion of a service member's compensation includes special pay and allowances,

military compensation generally results in more countable income for SSI purposes than comparable wages earned by a civilian. Accordingly, a child or spouse of a service member could be ineligible for SSI while the child or spouse of a civilian worker could be eligible for SSI based on comparable gross wages.

The problem is particularly acute when a member of the National Guard or Reserves is called to active duty and begins to receive full military pay, including special pay and allowances. In some cases, the military pay alone is sufficient to cause a reduction of SSI benefits or a loss of eligibility for the disabled dependent. This means that at the critical point when the service member is called away from his or her family in the service of our country, SSI benefits may be reduced or stopped.

In consideration of the special hardships facing military families in a time of war and to provide more financial security for these families, I have offered an amendment that proposes a statutory exclusion for all types of special pay and allowances received by service members serving on active duty regardless of duty station. At a time when military service members and their families are making such a huge sacrifice for our country, it is vital that this step be taken to protect SSI eligibility for these families.

Under this proposed statutory change, only basic pay, earned income, would be used to determine SSI eligibility for a disabled child or spouse of the service member. All compensation provided by special pay and allowances, including the basic allowance for housing, BAH, would be excluded. Excluding all special pay and allowances would eliminate the disadvantageous income counting that results from treating a substantial portion of military compensation as unearned income.

Mr. President, 25 years from now most of the events and personalities of September 2005 will have passed into the pages of history. New Orleans will once again stand proudly as one of America's most vibrant cities; America will have been forced to address our need for energy independence; and the legacies of today's politicians will be the work of tomorrow's history professors. However, the confirmation of John Roberts as the 17th Chief Justice of the United States Supreme Court could well be even more significant in 2030 than it is today. The Roberts Court will have a profound and historic impact on the preservation of liberty for decades to come.

I first met John Roberts when we both served in the Reagan administration in the early 1980s. He is a person of enormous intelligence, character and judgement. His performance in his Senate confirmation hearings earlier this month transcended television ads, internet blogs, television talking heads, and the million dollar industry that reduces the judicial nominations process to caricatures and buzz words across the political spectrum. As many of my colleagues have noted, the Roberts confirmation hearings forced a serious examination of the role of the Supreme Court and the Federal Government in our society.

My beliefs about the role of Government were shaped and molded when I served on the staff of Nebraska Congressman John Y. McCollister in the 1970s. I remember him warning America about the wholesale disregard of the 10th Amendment to the Constitution which states:

The powers not delegated to the United States by the

Constitution, nor prohibited to it by the States, are

reserved to the States respectively, or to the people.

In the late 1930s and early 1940s, the Supreme Court used Article I, Section 8 of the Constitution which gives the Federal Government the power to ``regulate commerce,'' as a crowbar to pry open the lid of federalism and more fully insert the Federal Government into the lives of the American people. By the 1970s, we saw an expansion of the Federal Government's power our Founders could not have imagined.

At the same time that Congressman McCollister was invoking the 10th Amendment in the House of Representatives, Justice William Rehnquist was frequently the lone voice on the Supreme Court for the discretion of States and the integrity of the 10th Amendment. Much has been said about William Rehnquist in the last month. He was a giant of our time. As history considers his legacy, I believe his ability to move the Court back to a responsible position concerning federalism will be his greatest accomplishment. In this, he had a strong ally in Justice Sandra Day O'Connor.

The Founders did not arrive at the 10th Amendment by accident. It was a necessary compromise in order to get the Constitution ratified. The Founders believed that the Constitution must protect the citizens of the United States from the consolidation of the Federal Government's power. History has proven them wise. Well meaning politicians never have enough power to do all the good things they believe are essential to the Nation's well-being. History shows that the growth of central governments is no substitute for the ingenuity and energy of individual citizens.

It was President Woodrow Wilson who said:

The history of liberty is a history of the limitation of

governmental power, not the increase of it.

As we work to address 21st century challenges like terrorism, the proliferation of weapons of mass destruction and incredible advances in technology, we will constantly be confronted with the need to balance the expansion of the Federal Government's power with States rights, individual liberties and national security. As we act to secure our Nation, we must also guard against Federal overreaching. That is why measures like the sunset provisions in laws like the Patriot Act are so important.

In years to come, Congress will be under great pressure to reach into areas of law historically reserved for State and local governments, including land use, education, economic development, law enforcement and contract law, including marriage. A wise and judicious Supreme Court will be as critical as it has ever been to see America through this volatile time.

Decades from now, if John Roberts can look back upon a legacy of having protected the rights of States and individuals while helping strengthen America from within, and constraining the power of the Federal Government, then it will be a legacy worthy of succeeding William Rehnquist.

Mr. President, I rise today to honor the late Chief Justice William H. Rehnquist. The Chief Justice leaves behind a legacy as one of the longest serving and most influential members of America's highest Court. America is a better and stronger nation because of his distinguished service on the U.S. Supreme Court.

As many from his generation did, Chief Justice Rehnquist served in the military during World War II. He relied on the GI bill to attend college after the war and graduated from Stanford law school at the top of his class. In 1951 and 1952, Justice Rehnquist served as a U.S. Supreme Court law clerk to Justice Robert Jackson, and then went on to a distinguished career in private legal practice.

In 1971, President Nixon nominated Rehnquist to replace John Marshall Harlan on the Supreme Court, beginning one of the longest terms of service in the history of the U.S. Supreme Court. In 1986, President Ronald Reagan nominated Justice Rehnquist to be Chief Justice. He served in that capacity for over 18 years.

Only 16 individuals have served as Chief Justice of the U.S. Supreme Court. Legal scholars identify periods of evolution in American jurisprudence by the name of the Chief Justice presiding during each era. The Rehnquist Court will go down in American history as one of the most important.

As an Associate Justice, Rehnquist began coaxing the Court back into the role our Founders envisioned. As Chief Justice, Rehnquist continued to gradually pull the Court away from promoting particular social policies and back toward the principles of federalism enshrined in our Constitution. By the time he was through, Rehnquist had patiently helped reshape the relationships between our branches of Government and the States.

Chief Justice Rehnquist deserves enormous credit for returning the Court to its role of analyzing and interpreting the Constitution and our laws. History will judge Chief Justice Rehnquist well for the way in which he shaped and guided the Supreme Court during his service to our Nation.

America will miss him.

Mr. President, I rise to express my sympathy over the loss of SGT Jason T. Palmerton of Auburn, NE, a Green Beret in the U.S. Army. Sergeant Palmerton was killed by small arms fire while on foot patrol on July 23 in Qal'eh-Yegaz, Afghanistan. He was 25 years old.

Sergeant Palmerton was born in Hamburg, IA, and grew up in Nebraska. He graduated from Auburn High School in 1998 and enlisted in the Army in 2002. Sergeant Palmerton was assigned to the 1st Battalion, 3rd Special Forces Group based in Fort Bragg, NC, and had been in Afghanistan for 6 weeks. He had learned Arabic and was working as a communications specialist. Sergeant Palmerton will be remembered as a loyal soldier who had a strong sense of duty, honor, and love of country. Thousands of brave Americans like Sergeant Palmerton are currently serving in Afghanistan.

Sergeant Palmerton is survived by his mother Denise Brown, of Auburn; father Steve Palmerton of Norman, OK; sisters, Elizabeth Schlange of Auburn, Amanda Palmerton of Omaha and Chelsea Palmerton of Norman; grandparents, Herman and Alice Moenning of Lincoln, and Thomas Palmerton of Brownville; and fiance Shelley Austin of North Carolina. Our thoughts and prayers are with them at this difficult time. America is proud of Sergeant Palmerton's heroic service and mourns his loss.

I ask my colleagues to join me and all Americans in honoring SGT Jason T. Palmerton.

Mr. President, I rise to express my sympathy over the loss of Tricia L. Jameson of Omaha, NE, a staff sergeant medic in the Nebraska Army National Guard. Staff Sergeant Jameson was killed by an explosion after stopping to treat wounded Marines on July 14 near Trebil in western Iraq. She was 34 years old.

Staff Sergeant Jameson grew up in St. Paul, NE, before moving to Omaha as a teenager. She graduated from Millard South High School in 1989 and attended Central Community College at Columbus, NE, from 1990- 91. She spent the last 10 years in the military, working the last 5 years as a health care specialist at the Nebraska Air National Guard base clinic in Lincoln, NE. Staff Sergeant Jameson was a member of the 313th Medical Company of Lincoln and was mobilized to duty in Iraq less than a month ago. Staff Sergeant Jameson volunteered for the assignment. She was not a regular member of the group but a replacement for another soldier. Staff Sergeant Jameson will be remembered as a loyal soldier who had a strong sense of duty, honor, and love of country. Thousands of brave Americans like Staff Sergeant Jameson are currently serving in Iraq.

Staff Sergeant Jameson was preceded in death by her father, Robert Jameson. She is survived by her mother Patricia Marsh of Omaha: brother, Rob Jameson of Omaha; grandmothers Kathryn Jameson of Weeping Water, NE, and Annamae Donahue of Omaha; and fiance Mike Coldewey of Omaha. Our thoughts and prayers are with them at this difficult time. America is proud of Staff Sergeant Jameson's heroic service and mourns her loss.

I ask my colleagues to join me and all Americans in honoring SSG Tricia L. Jameson.