[Congressional Record (Bound Edition), Volume 152 (2006), Part 18]
[Senate]
[Pages 23461-23466]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     LANCE CORPORAL THOMAS KEELING

  Mr. President, I rise today to pay tribute to Marine LCpl Thomas 
Keeling from Strongsville, OH. LCpl Keeling was killed on June 9, 2005, 
in an explosion in Iraq. He was assigned to the Marine Reserve's 3rd 
Battalion, 25th Regiment, 4th Marine Division based out of Akron, OH. 
He was 29 years old.
  LCpl Keeling leaves his mother and step-father, Sharon and Robert 
Berry, his father Tom Keeling; his sister Erin Keeling, and his twin 
sister Kristen Keeling.
  Thomas--Tom to his family and friends--graduated from Strongsville 
High School in 2000 and then attended Kent State University, graduating 
in 2004 with a Criminal Justice degree. Matthew Kichinka from 
Strongsville knew Tom as ``Tommy Boy.'' He reminisced about his high 
school friend:

       I still remember the first time we met in home room 10th 
     grade year. You were my best friend in high school. I will 
     never forget the great times we've shared, the mischief we 
     caused in gym class, and the nights we closed at the kitchen 
     at Giant Eagle. Thank you friend, for being there for me 
     during those difficult times in high school and being the 
     best friend a person could have.

  Dave Murphy of Middleburg Heights, OH, moved to Strongsville not 
knowing a soul--that is until he met Tom. As Dave put it:

       I moved to Strongsville when I was young. I was concerned I 
     wouldn't find any friends,

[[Page 23462]]

     I was blessed enough to move in across the street from the 
     Keelings. Before the moving trucks even drove away, Tom was 
     in my yard inviting me into his. This is a perfect example of 
     the person Tom was. He was truly compassionate for others and 
     a great friend.

  Mary Jo Webster from Berea, OH, was Tom's 6th grade teacher. She 
remembers him as ``a lively, happy child.'' Friends knew him as always 
having fun and doing things he enjoyed. Whether he was playing hockey 
in Parma Heights, in his softball league, or shooting hoops with 
friends in his neighborhood, he was always active. Teammates took pride 
in their skillful forward. He had outstanding agility and tremendous 
speed. But his interests were not just in the sports that he was 
playing, he was interested in the people and the relationships it takes 
to build a team.
  When Tom was at Kent State, he worked in housekeeping to earn extra 
money. Paula Hill described her custodial co-worker by saying that ``he 
was one of the nicest young gentlemen I've ever met. I called him my 
number three son because he was as close to me as my own children.''
  When Tom graduated from college, he was considering a career in the 
FBI. His mother Sharon said that ``Tom's dream was to become an FBI 
agent, and he chose going to the Marine Corps because he thought he 
would get some experience that would help him along his career.''
  Tom had been a Reservist for 4 years, and his stepfather and 
grandfather were both marines. He looked up to his grandfather, who was 
a World War II veteran and had been awarded two Purple Hearts. When Tom 
died, he was buried next to him.
  Tom once told his stepfather that he was proud of the job that the 
U.S. troops were doing in Iraq and that he could see things improving. 
Tom had been in Iraq since February 2005, and was assigned to a mobile 
strike force seeking insurgents in the Anbar province near the Syrian 
border. ``Sometimes they go out seven days at a time. They'd patrol 
cities during the day and go out in the desert at night,'' his step-
father said.
  But Tom's work in Iraq didn't stop on the field of battle. In weekly 
care packages, his family made sure to send him candy and Beanie Babies 
to hand out to Iraqi children. Tom's ability to connect with the 
children of the country he was trying to protect was a testament to the 
kind, gentle soul that Tom Keeling was.
  Nate Ickes from Akron, OH, honored his brother-in-arms by saying:

       I was honored to have served with Tom. He brought joy and 
     laughter to everyone in our unit. There was never a day that 
     went by that he did not have a smile on his face.

  Close friends, like Emily Laurie of Charleston, SC, understand the 
impact Tom had on the people he touched. She wrote words of comfort in 
a posting on an Internet tribute website. This is what she wrote:

       Remember Tom with a smile. Remember the good things, the 
     good times, and the laughter. He is a hero, endowed with 
     great courage and strength and has sacrificed his life for 
     the freedom of others. He will be missed, but not forgotten.

  Close family friend Mark Nutter from Brunswick, OH, also paid tribute 
to Tom's memory in an online website by saying the following:

       I just wanted to say thank you for letting me be a part of 
     your family for a few years. I got the chance to know the man 
     that later became the closest thing I have ever had to a 
     little brother. Tom not only quickly became my friend. He 
     became my family. He became my brother. Tom was one of the 
     greatest people that I will ever know and have ever known in 
     my whole life. I will miss him dearly.

  Mark went on to write:

       I am posting this because I came through on a small promise 
     I made to Tom when he passed away. Tom played softball with 
     my friends and me for a few years. The friends Tommy made on 
     the team, including me, made a promise to win our league 
     championship for him.
       Well Tom, we did it, and we did it for you. I had your old 
     jersey hanging proudly in our dugout all year for you and as 
     long as we play, we always will. I had a picture of Tom and a 
     simple quote below him before our championship games. It 
     read, `Win 2 for Tommy.' Tom, we won two for you that night 
     and our first league title.
       I will miss Tom dearly and hope his family knows what he 
     meant to me. Thanks for the good times. They will always be 
     in my heart. Thank you, again, Tom. It was a pleasure to have 
     known you.

  Marine LCpl Thomas Keeling had a zest for life, a love of family and 
friends, and a deep understanding of what it means to serve. My wife 
Fran and I continue to keep his family and friends in our thoughts and 
prayers.
  Mr. President, I ask unanimous consent to proceed for 20 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     Staff Sergeant Richard Pummill

  Mr. President, I rise to honor a courageous Ohioan from Cincinnati--
Marine SSgt Richard Pummill, who was killed in Iraq by a roadside bomb 
on October 20, 2005, after serving there for 3 months as a weapons 
officer. He was 27 years of age at the time.
  Staff Sergeant Pummill leaves his wife, Chantal; their son Donald 
Richard--known as Cliff--his mother Lynn, and his grandparents Donald 
and Ann.
  Richard--known as Rick--graduated from Anderson High School in 1996, 
where he excelled in football and wrestling. Eileen Arnold, a counselor 
at Anderson High School, first met Rick when he was a freshman. ``He 
stood out in my mind because he was fun-loving, outgoing, and 
energetic,'' she recalled. ``I had the sense he wanted to do something 
special with his life. He was never afraid to speak his mind and was 
never hesitant. He didn't go along just to go along.''
  Indeed, Rick did want to do something special with his life, and he 
joined the Marine Corps immediately after high school. Patsy Hager, 
mother of Rick's childhood friend Wally, said:

       The Marines gave him a purpose. He was always driven. He 
     was always about something.

  This passion and drive served Rick well in his Marine Corps weapons 
officer training. As Rick's friend Matt Fugate recalled:

       Rick was a fun guy, but he was a Marine through and 
     through. That was his calling.

  John Morgan, Jr., and Rick played on the same soccer team when the 
boys were 4 years old, and the two have remained friends. Rick gave 
John his spare dog tag the day he joined the military, and John has 
carried it around on his keychain ever since. He described Rick as 
``fearless.''
  But, Rick was also a caring and compassionate individual. For 
portions of his childhood, he and his mother lived with his 
grandparents, Ann and Don Lesher. When Rick was stationed with the 
marines in North Carolina, he would buy wood, haul it home to Ohio, and 
chop it for his grandparents so they could use it to heat their home. 
``He adored his grandparents,'' his mom said.
  After completing his Marine Corps training, Rick served as a military 
recruiter. His charisma and enthusiasm for the job was apparent to all 
his colleagues. SSgt James Morgan was a fellow recruiter and left the 
following message for Rick's family on an Internet tribute Web site:

       Rick and I worked together on recruiting duty in a two-man 
     station--just him and me. Recruiting duty will test a Marine, 
     but [Rick], my friend, always kept me laughing. We spent many 
     days lost on backwoods Danville roads. [He] always went the 
     extra mile--always volunteered to get the job done. I will 
     never forget him. I am a Staff Sergeant today because of 
     Rick's hard work.

  When the war began in Iraq, however, Rick was eager to give up the 
safety of his recruiter's job for a combat position. After preparing so 
many young marines to make the journey to Iraq, he felt compelled to go 
over, himself, and serve beside them. He only had the chance to serve 3 
months before he was killed by a roadside bomb during combat 
operations. Although his time in Iraq was short, he left a lasting 
impression on those with whom he served. Fellow marine and friend Josh 
Williams wrote the following after Rick's death:

       It's not like when your parent dies of sickness or a friend 
     dies in an accident. Losing a comrade in a war is very 
     different. There's a bond there that doesn't have a name.

  Rick was a selfless individual, who was always looking to ease 
others' hardships. A wife of a fellow marine who served under Rick 
wrote the following in tribute to him:

       I met Staff Sergeant Pummill the day our men left for Iraq. 
     He was so friendly and

[[Page 23463]]

     even gave me some advice about getting through the 
     deployment. `Just look at it in terms of paycheck to 
     paycheck,' he said. `That's what my wife will do.' My husband 
     is very privileged to have worked under him.

  In his civilian life, Rick enjoyed painting his own cars and thought 
about going to culinary school after he finished his service in the 
military. But, there was one passion in his life that far outweighed 
all the rest--and that was his family--his wife and son Cliff. Rick's 
mother Lynn recalled that ``he was a fantastic father. He was dedicated 
and adored his son. Cliff looks just like him.''
  There is no doubt that all those who loved Rick will make sure Cliff 
knows what a courageous and remarkable man his father was.
  Rick's wife Chantal describes her husband as ``the most dedicated 
Marine that I knew. He was a loving husband and a devoted father.''
  Rick's mother Lynn added:

       My son loved our country. He loved the Marine Corps. He 
     lived to be a Marine.

  This is how Rick will be remembered, Mr. President: as a loving 
father, devoted husband, loyal son, caring grandson, and brave marine. 
My wife Fran and I continue to keep his family in our thoughts and in 
our prayers.


                     MASTER SERGEANT DAVID A. SCOTT

  Mr. President, I come to the floor to honor and remember a man who 
dedicated his life to the service of our Nation. On July 20, 2003, Air 
Force MSgt David A. Scott, from Union, OH, died while serving our 
country in Doha, Qatar. He was 51 years of age.
  ``Scotty''--as family and friends called him--spent his career in 
military service. He was serving as an Air Force Reservist in the U.S. 
Embassy in Qatar when he died of a brain aneurysm. He is survived by 
his wife of 25 years Deborah and daughter Christine.
  Born in Toledo, Scotty graduated from Erie Mason High School in 1971 
in Erie, MI. The following year, he served in the Vietnam war. 
Afterward, he returned to his hometown of Toledo, where he began work 
in an automotive factory.
  When the automobile factory closed in the mid-1970s, Scotty decided 
to enlist in the Marines. He served as a marine for 17 years before 
joining the Air Force Reserves in 1993 and moving to Union.
  Though he served our Nation well in the Air Force Reserves, Scotty 
always thought of himself as a marine first and foremost. ``The Marine 
Corps was his life,'' his wife Deborah said.
  ``He was in the Marines for 17 years and worked at testing new 
recruits. Even when he went into the Air Force Reserves, they called 
him their token Marine. He always said, `Once a Marine, always a 
Marine.'''
  But, whether he was serving with the Marines or the Air Force, there 
was one thing that Scotty always was--a dedicated and selfless 
serviceman, who was proud to serve his country in any capacity asked of 
him. At the Embassy in Qatar, he served as the assistant chief of 
information systems for the 445th Communications Squadron, based out of 
Wright Patterson Air Force Base in Dayton, OH. His job there was to 
coordinate and assist in obtaining diplomatic clearances for Coalition 
aircraft and personnel, as well as to help plan equipment shipments for 
Operation Iraqi Freedom and Operation Enduring Freedom in Afghanistan.
  While serving overseas, Scotty would call and e-mail his wife Deborah 
often and share with her how proud he was of the meaningful work he was 
doing. As Deborah recalls:

       He said it was very important and that he'd met a lot of 
     great people. He was so proud to be serving his country.

  An avid sportsman, Scotty enjoyed watching football and would make 
bets with family members on NFL games. He also enjoyed hunting and 
fishing.
  Scotty was an admirable marine and Reservist--a model for what every 
serviceman and woman strives to be. But, even more importantly, he was 
a loving and devoted husband and father. Scotty and Deborah celebrated 
their 25th anniversary in October 2002. ``We had such a nice time,'' 
Deborah remembers. ``We took a long weekend and went down to Tennessee 
to Pigeon Forge.''
  Scotty's death has been felt deeply by all who knew him. In Deborah's 
words, he was simply a ``real nice guy. Everybody loved him.''
  Scotty was so well respected by those he worked with in the military. 
One of his comrades, MSgt T. Kirkman, left his friend the following 
message on an Internet tribute website. This is what he wrote:

       Scotty, you are missed, but never forgotten. I am proud to 
     have worked with you at Wright Patterson Air Force Base. You 
     were one of my best and brightest memories of the 445 AW! To 
     Scotty's family--may the Lord continue to bless and keep you 
     until you see him again.

  It takes courage and self-sacrifice to serve one's country. Scotty 
dedicated his life to serving this country. And, he did so in not one, 
not two, but three branches of the military: the Army, the Marine 
Corps, and the Air Force. And so today, we honor MSgt David Scott in 
the U.S. Senate.
  Mr. President, my wife Fran and I will keep his family and friends in 
our thoughts and in our prayers. We will keep his wife Deborah and his 
daughter Christine in our thoughts and in our prayers.


                  Sergeant First Class Daniel J. Pratt

  Mr. President, I rise today to pay tribute to Army National Guard SFC 
Daniel J. Pratt from Newark, OH, who died on November 3, 2005, when he 
suffered a heart attack, while serving in Iraq. He was assigned to the 
Army National Guard's 211th Maintenance Company, based out of Newark 
and had served with the Guard for about 16 years. He was 48 years old. 
He leaves his wife Linda, his daughter Lindsay, his son Daniel, and his 
three sisters and two brothers.
  Originally from Camden, NJ, Daniel was raised in Williamstown, OH, 
with his five siblings. He was also a member of Youngstown's St. 
Christine Catholic Church. At Williamstown High School, he lettered in 
cross country and indoor and outdoor track.
  His former track coach, James Greczek, recalled Daniel's high school 
days by saying that ``he always had a smile. He was a super, super 
kid.''
  Daniel's dedication was seen in the type of relationships and 
friendships he had. Tim Leyden ran cross-country with Daniel at 
Williamstown, roomed with him in college, and lives 15 minutes away 
from his home in Ohio. Just a couple years older than Daniel, Tim 
reminisced on his best friend by saying this: ``He introduced me to my 
wife. He was godfather to my son. He was . . . outgoing, a good 
salesman, and fun-loving.''
  After high school, Daniel attended junior college in Alabama and then 
Southeastern Lousina College. Daniel became a foreman for a truck 
dealership in Austintown, OH. He met his future wife Linda at Lake 
Tahoe. Daniel and Linda were married for almost 20 years.
  In 1989, Daniel joined the National Guard. Since his deployment to 
Iraq on December 30, 2004, Linda and Daniel emailed each other 
regularly and talked by phone on Sundays. It was not easy for Daniel to 
be apart from his family. But Daniel knew that he was proudly serving 
our Nation. His dedication to service and the safety of his homeland 
earned him the Meritorious Service Medal on August 31, 2005.
  Tim and many of Daniel's family members last saw him in June 2005, 
when he returned home briefly for his son's high school graduation. Tim 
recalled, ``Everything was fine. He was looking forward to getting 
home, but the biggest concern was getting all his people home.'' Daniel 
was due to return home on December 9, 2005.
  The day after Linda received the news of her husband's death, she 
received flowers from him for their 20th anniversary. ``I was just 
overwhelmed and touched. And I just felt his goodness come through 
again,'' she said. To Linda, her husband was not just a patriotic 
military man and a caring father. He was so much more.
  Lorraine Boyer, one of Daniel's siblings, said she wasn't surprised 
when she heard he had sent anniversary gifts from Iraq. ``He had a 
heart of gold. He was an exceptional human being,'' she said. 
``Everybody he came in contact with--he just touched their lives.''
  Daniel had no previous health problems, but there was a history of 
heart

[[Page 23464]]

disease in his family and his father died of heart problems when he was 
in his 40s.
  Teri Gove, Daniel's cousin, said the following in tribute to him:

       I am so proud of you, Danny, and so sad for your family. I 
     can still remember Thanksgiving at the camp in Delaware . . . 
     your dad taking us all for a ride in his new big truck out 
     through the woods at midnight to show my dad that his truck 
     could go through anything--and then, the long, dark walk home 
     when [the truck] did get stuck! You and my brother kept 
     hiding and jumping out of the dark to scare us girls! That's 
     the picture I see when I think of you. And now you are a 
     hero!

  Jason Chalky from Youngstown also paid tribute to Daniel. This is 
what he said:

       We will miss you, forever. I knew you for a couple of 
     years, and you never led me in the wrong direction. You were 
     a good leader, a good soldier, and a good friend. . . . 
     Thanks for all you gave and that your family gave.

  Rick McKinney of Rexburg, ID, served with Daniel in the 237th. He 
said that Daniel ``would stand up for his soldiers like no one that 
you've ever seen. It was six years that I knew him and served with him. 
I thank him and his family for all they've done to ensure our 
freedom.''
  I would like to conclude my remarks with the words of SFC David 
Garlits, who said the following in a message to Daniel after his death:

       Dan, it was great to know you, buddy. You were one of my 
     best friends in Iraq. Even though we were the same rank, I 
     always looked up to you. You did so much for the Army with so 
     little in return except for knowing you did your best. You 
     will live on because of all that you shared with others.

  SFC Daniel Pratt will never be forgotten. My wife Fran and I continue 
to keep his family in our thoughts and prayers.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Delaware is recognized for 10 
minutes.
  Mr. CARPER. I ask unanimous consent to be granted an additional 5 
minutes from the Democratic side.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                              Mike Dewine

  Mr. CARPER. Mr. President, before Senator DeWine leaves the floor, he 
was speaking of a loss that he and his family and others are mourning, 
I presume in Ohio, where I spent a number of years as an undergraduate 
at Ohio State University. I would associate myself with his remarks in 
extending our sympathies from Delaware. We received some devastating 
news of our own in Delaware a day or two ago with the news that Army 
SGT Keith Fiscus had been killed in action in Iraq at the age of 26. 
Our hearts go out to him. I will be talking more about him later.
  There is a loss that we mourn as well, not the loss of a life here in 
the Senate, but the loss of Senator DeWine who will be returning to 
Ohio and to other challenges in the days ahead. Senator DeWine and I 
were elected to the House of Representatives in 1982. We came here 
together with people such as John McCain, Tom Ridge, John Kasich, Harry 
Reid, Barbara Boxer, Dick Durbin, and John Spratt, a remarkable 
freshman class in the House of Representatives. It was the year we 
elected a lot of Democrats and not nearly as many Republicans. Somehow, 
then, Congressman DeWine managed to swim against the tide and to be 
elected against those odds in Ohio.
  He served as a Congressman of distinction, later as the State's 
Lieutenant Governor where he trained George Voinovich, who served as 
Governor, and then to be elected to the Senate. It was my privilege to 
serve with him in the House of Representatives and it has been a 
privilege to serve with him in the Senate.
  On a personal level, I will miss him. I want to say how much it has 
been a privilege to serve with my friend from Ohio, who has a good mind 
and a good heart, wonderful family, and is deeply devoted to them and 
the people of Ohio, whom we both revere.
  Mr. DeWINE. If the Senator will yield.
  Mr. CARPER. I do.
  Mr. DeWINE. I thank my colleague, who has pointed out to my 
colleagues in the Senate that he and I came here together in the 
election of 1982 and came to the House in 1983. We have been dear 
friends ever since. I will miss working with him. He is someone who I 
believe exemplifies what this institution is all about, and that is 
getting things done, working in a bipartisan way, making a difference. 
He has done that and will continue to do that.
  I wish him well.
  Mr. CARPER. I appreciate very much those words and the chance to be a 
friend of Senator Mike DeWine.
  Mr. President, I wish to talk about a couple of things, if I may. In 
about 15 or 20 minutes, the Senate will vote on the confirmation of a 
judge. The President has seen fit to nominate District Court Judge Kent 
Jordan, who serves in Delaware, to succeed Judge Jane Roth who has 
served for more than a dozen years as a judge on the Third Circuit 
Court of Appeals. Judge Roth announced early this year that she was 
going to take senior status, and she has done that. I will talk a 
little bit about her, and then I will talk about Judge Kent Jordan.
  Judge Roth, whom I have been privileged to know for almost as long as 
I have been in Delaware, whose husband served here in the Senate for 
some 30 years and was my predecessor, typifies everything a judge ought 
to be--smart, knows the law, adheres to the law, uncommonly fairminded, 
treats those who come before her, whether they are on either side of an 
argument, with respect, has a reputation for providing judicial 
temperament, a forum where justice can occur. She is somebody who works 
hard, somebody who has a wonderful sense of humor. Sometimes when 
people don those black robes, they turn in their sense of humor, but 
she has never lost hers.
  Along the way, in addition to being a district court judge and then a 
circuit court judge on the Third Circuit Court of Appeals, she was a 
lawyer and partner in a major law firm in my State, Richards, Layton & 
Finger. She played a prominent role there for about 20 years.
  Prior to that, she served in the foreign service for our country. I 
believe she served in places such as Iran, and we could probably use 
her expertise and counsel these days. She served in Rhodesia and in the 
Republic of the Congo. She married Bill Roth along the way, raised two 
children, and somehow managed to do it all with grace and aplomb. She 
continues to serve us as the senior judge of the Third Circuit Court of 
Appeals. We are lucky she does, and we are grateful to her for that 
service and to her family for sharing with all the people of the 
country, not just of Delaware, a remarkable human being.
  We are grateful for her service and think of her today as we consider 
the nomination of her successor Kent Jordan.
  I have known Kent Jordan not for as long as Judge Roth, but I have 
known him. He served on the district court in Delaware for some time. 
Delaware is a little State. You know almost everybody, if you want to. 
I have had a chance to get to know him and his family. I think he has 
earned very high marks as our district court judge, much as Judge Roth 
did when she was our district court judge.
  When I was privileged to be Governor of the State for some 8 years, I 
nominated a lot of people to serve on the bench. Among the qualities I 
looked for was people who knew the law, who had good judgment, who were 
able to make decisions. Sometimes people, frankly, find it hard to make 
a decision. As a judge, that is not a good thing. You want somebody who 
knows the law and somebody who has good judgment, who is able to make 
decisions and follows the golden rule in the way the people treat who 
come before them, who provides good judicial temperament and a forum, a 
courtroom, where justice will more likely than not be served.
  Judge Jordan in his service on the district court has always shown 
that those are the qualities he is all about.
  He, as Judge Roth, has been a parent, raised a family. I am not sure 
if I have the right number, but I think he and his wife have raised 
five or six, maybe seven children. So they have had a lot going on at 
home, with schools and all kinds of extracurricular activities.

[[Page 23465]]

  He served before that in a number of other challenging situations. We 
had a little debate today and there was a cloture vote on whether we 
were going to vote on Judge Jordan's nomination. Nobody should somehow 
interpret that vote and the fact that we had to vote on cloture as any 
question about his integrity, competence, ability, and willingness to 
serve. He will be a great addition to the Third Circuit Court of 
Appeals.
  We will vote in about 15 minutes on Kent Jordan's nomination. I hope 
my colleagues will join me--and I know I speak for Senator Biden in 
urging our support--unanimous support for this nomination. He has not 
disappointed us in anything he has ever done, and I am sure he will not 
disappoint any of us in this regard either. He has received, by the 
way, from the American Bar Association--every now and then we talk 
about the ratings they hand out with respect to nominees. His unanimous 
rating was ``well qualified,'' which is the highest possible grade. It 
was a unanimous rating. I think that speaks for itself.
  In addition to having served as a district court judge for the last 4 
years, he also clerked for a legend in our part of the country, 
District Court Judge James Latchum. Once he graduated from law school, 
he became an assistant U.S. attorney for the Delaware District. He has 
done great things with his life. He has a lot of integrity and great 
energy. I hope he will be rewarded for those things later today. We 
will be voting in a very short while.


       Independent Regulator For Government-Sponsored Enterprises

  As we come down the home stretch on our year's business, there are 
some things we are going to complete today, or maybe tomorrow--
hopefully, not Sunday--and there are some things we may not complete. I 
was looking in the local paper in our State, the News Journal, on 
Thursday when I was coming down on the train. I saw an article that was 
headlined ``Fannie Mae Restates Earnings, With $6.3 Billion in Profits 
Slashed.''
  I think what the auditors and the Fannie Mae accountants have done is 
looked at earnings over a 4-year period of time, from 2001 through 
2004, and they concluded that Fannie Mae--a huge enterprise, a large 
Government-sponsored enterprise, like Freddie Mac--overstated their 
profits by some $6.3 billion.
  The reason I bring that up is that I am disappointed that we are 
going to finish business this year and not provide for a strong, 
independent regulator for Government-sponsored enterprises such as 
Fannie Mae and Freddie Mac, and the Federal Home Loan Banks. That has 
not been questioned--with respect to the way they operate, the accuracy 
of the financial reporting. Great questions have been raised over 
Fannie Mae and Freddie Mac, and as we have seen in yesterday's 
newspaper, there was a huge restatement of earnings.
  I think it is unfortunate that we are not going to be able to 
conclude with a vote on legislation that some people have spent a lot 
of time working on in the last year or two. The House of 
Representatives has passed--not unanimously but by a wide margin--
legislation that would provide for a strong, independent regulator for 
Fannie Mae and Freddie Mac. The Senate ended up breaking down along 
party lines in the Senate Banking Committee on similar kinds of 
legislation. We passed out a bill on party lines. It never came up on 
the floor. In the last month or two, there has been an encouraging 
discussion and negotiation between Congressmen Barney Frank and Mike 
Oxley, his staff, and the folks at the Treasury Department, under the 
direction of Secretary Hank Paulson, to try to narrow the differences 
between the bill reported out by our committee with only Republican 
support and the bill that passed with bipartisan support in the House. 
We have not been able to resolve all of our differences, but progress 
has been made in the last month. I want to say to both Congressman 
Frank and Congressman Oxley--who is leaving, as well, at the end of 
this year, so he will not have a chance to push this ball into the end 
zone next year but certainly Congressman Frank will be in a position to 
do that. He will chair the relevant committee in the House. I think 
great work has been done and good progress has been made.
  It is unfortunate that we are not going to complete the job this 
week. I think we teed the ball up for next month. I hope one of the 
first things we will do in the Senate Banking Committee is hold 
hearings and look at the negotiations that have taken place between the 
House and the Treasury Department and see if we cannot build on those 
and pass legislation--find common cause with the House of 
Representatives and the administration and pass the legislation.
  Until we do that, there are a couple things that are going to be 
occurring. One, we are going to have uncertainty for the enterprises, 
Fannie Mae and Freddie Mac, and those who are thinking about selling 
their stock. There will be an impact on the housing market as well. We 
don't need that. The regulator for these entities will not have bank-
regulator-like powers. This regulator needs that. These entities need a 
regulator that has bank-regulator-like powers. The regulator will not 
be independent, and we need legislation which would create a strong, 
independent regulator. Mission and new product authority will continue 
to be separate; they should not be. Capital requirements will not be 
flexible; they should be. Growth of these two enterprises will go 
largely unconstrained.
  None of those things are desirable. I hope we can address them all 
when we come back and resolve them satisfactorily in a very few months.
  Having said that, there is a lot of progress that has been made. If 
we go back a year or so, we had large differences where folks in the 
Senate were on a path forward with respect to a strong, independent 
regulator for Government-sponsored enterprises. We agree on combining 
the regulator for Fannie Mae and Freddie Mac with the Federal Finance 
Board, which regulates the Federal Home Loan Banks. We agree on that 
now.
  The question of the independent regulator from the appropriations 
process, we agree on that--that the regulator should be independent of 
the appropriations process. We also agree that the independent 
litigation authority for the regulator should be provided. Currently, 
they have to go through the Department of Justice, and I think we have 
all come to agree that is not the best course, and the regulator ought 
to have independent litigation authority. We decided the regulator has 
to have the power to put them into receivership if, God forbid, the 
worst should occur. We agree on that today. We have agreed on combined 
mission oversight and new product authority under one world class 
regulator, something that a month or a year or so ago we didn't have 
common cause on. We agree today that the regulator ought to have 
flexibility for setting capital standards-- the Congress setting 
standards for risk or minimum capital standards. We should invest in 
the regulator's authority.
  We agree that there ought to be restrictions on the size of the 
portfolios of Freddie Mac and Fannie Mae. We are talking about hundreds 
of billions of dollars, literally, portfolios that exceed a trillion 
dollars. That is a lot of money. Enterprises of this size, because of 
the effect they can have on financial markets here and around the 
world, deserve a world-class regulator. We want to make sure they get 
that. That should be an early item of business next January.
  Having said that, I yield the floor and suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BURR. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)

 Mr. BIDEN. Mr. President, I am pleased to speak today in 
enthusiastic support of Kent Jordan, a fellow Delawarean, who has been 
nominated by President Bush to serve on the U.S. Court of Appeals for 
the Third Circuit.

[[Page 23466]]

  If Kent is confirmed by the Senate, he will have completed a meteoric 
rise to a seat on the Federal court of appeals, and no one is more 
deserving.
  But before I talk about Judge Jordan, allow me to say a few words 
about the Judge whom Judge Jordan is nominated to replace. This spring, 
Judge Jane Roth informed the President that she would be taking senior 
status. Judge Roth has been a stellar presence on the Federal bench; 
she has served her country with dignity, wisdom and distinction. She is 
dedicated to the rule of law, and her representation of our State on 
the court of appeals has brought nothing but distinction to Delaware.
  Like many of you, I have known Judge Roth for several years, and I 
look forward to her continued brilliant service as a senior judge of 
the circuit.
  As I told the Judiciary Committee at his hearing, Kent Jordan has 
very large shoes to fill, but I am confident that he is up to the task.
  Judge Jordan began his legal career with a clerkship in the chambers 
of Judge Latchum, a pillar of the bar in Wimington. He went on to serve 
as an assistant U.S. attorney, working on some highly publicized cases 
and bringing some really bad characters to justice.
  He then became a partner at one of Delaware's top law firms, Morris 
James Hitchens & Williams, before becoming general counsel to the 102-
year-old Corporation Services Company and finally, 4 years ago, being 
confirmed by this Senate to serve on the bench of the U.S. District 
Court for the District of Delaware.
  Mr. Chairman, the past 4 years have demonstrated what those of us 
familiar with Judge Jordan already knew. He possesses the sterling 
academic and professional skills, as well as the vital judgment and 
temperament, to be an outstanding Federal district judge.
  Lawyers who have appeared before Judge Jordan--even those he has 
ruled against--have described him as openminded and fair. His 
colleagues on the bench have come to value his intellect, integrity and 
his friendship.
  If confirmed, Judge Kent will be an asset to the appellate bench and 
a model of responsible jurisprudence for years to come. I have full 
confidence that he will bring to the appellate bench all of the assets 
he has so clearly demonstrated in the district court.
  I highly commend Judge Jordan to my colleagues and ask that they vote 
to confirm his nomination.
  Mr. BURR. Mr. President, I yield back the remaining time, and I ask 
for the yeas and nays.
  The PRESIDING OFFICER. Time is yielded back.
  Is there a sufficient second?
  There appears to be a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Kent A. Jordan, of Delaware, to be United States Circuit Judge for 
the Third Circuit?
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. The following Senators were necessarily absent: the 
Senator from Kansas (Mr. Brownback), the Senator from South Carolina 
(Mr. Graham), the Senator from Utah (Mr. Hatch), the Senator from 
Arizona (Mr. McCain), the Senator from Pennsylvania (Mr. Specter), the 
Senator from Missouri (Mr. Talent), and the Senator from Virginia (Mr. 
Warner).
  Further, if present and voting, the Senator from Utah (Mr. Hatch) and 
the Senator from Virginia (Mr. Warner) would have voted ``yea.''
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden) and 
the Senator from Connecticut (Mr. Dodd) are necessarily absent.
  The PRESIDING OFFICER (Mr. Burr). Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 91, nays 0, as follows:

                      [Rollcall Vote No. 276 Ex.]

                                YEAS--91

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Bunning
     Burns
     Burr
     Byrd
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Craig
     Crapo
     Dayton
     DeMint
     DeWine
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Frist
     Grassley
     Gregg
     Hagel
     Harkin
     Hutchison
     Inhofe
     Inouye
     Isakson
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Stabenow
     Stevens
     Sununu
     Thomas
     Thune
     Vitter
     Voinovich
     Wyden

                             NOT VOTING--9

     Biden
     Brownback
     Dodd
     Graham
     Hatch
     McCain
     Specter
     Talent
     Warner
  The nomination was confirmed.

                          ____________________