E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION

Vol. 153 WASHINGTON, MONDAY, OCTOBER 15, 2007 No. 155 Senate U.S. SENATE, with numbers and all this—had started The Senate met at 2 p.m. and was PRESIDENT PRO TEMPORE, out as a great baseball player. He was called to order by the Honorable JIM Washington, DC, October 15, 2007. a pitcher, a left-handed pitcher, as I To the Senate: WEBB, a Senator from the State of Vir- understand. He played professional Under the provisions of rule I, paragraph 3, ginia. of the Standing Rules of the Senate, I hereby baseball. He was in the Brooklyn Dodg- appoint the Honorable JIM WEBB, a Senator ers’ farm system. He left there to be- PRAYER from the State of Virginia, to perform the come a junior high school math teach- The Chaplain, Dr. Barry C. Black, of- duties of the Chair. er. fered the following prayer: ROBERT C. BYRD, He went on to earn a law degree be- Let us pray. President pro tempore. fore he began a storied career in the O Lord, magnificent in mercy, plen- Mr. WEBB thereupon assumed the State of New Mexico as a city council- teous in grace, and generous in love, we chair as Acting President pro tempore. man and mayor. Now, of course, he is pause to confess our shortcomings. f one of the more senior Members of the Forgive us for speaking when we Senate. RECOGNITION OF THE MAJORITY During the time Senator DOMENICI should listen and for manipulating LEADER facts to suit our purposes. Forgive us and I have known each other, we have also for waiting for opportunities in- The ACTING PRESIDENT pro tem- gotten to know each other’s spouses. stead of creating them. Lord, we have pore. The majority leader is recog- He is very kind and thoughtful to forgotten, faltered, and failed, and we nized. Landra, my wife, as I try to be to his ask today for Your mercy. f very sweet, personable Nancy. They have eight children. Strengthen our Senators for today’s SENATOR PETE DOMENICI journey. Give them strong hearts and He is a person for whom I have great sound minds to do their ethical best in Mr. REID. Mr. President, before I respect. I will miss him. He has a representing You. As they look to the outline what we are going to do this unique knowledge of the importance of future, give them the wisdom to join afternoon, let me say I had a conversa- our National Laboratories. One reason, their plans to Your will and to do Your tion last week with PETE DOMENICI, of course, is we have two of them in the work on Earth. Lord, radiate Your who announced he would not run for re- State of New Mexico. But we have hope through them, making them posi- election. I served with Senator DOMEN- them in other places—California, Illi- tive people who are expectant of Your ICI for my entire time in the Senate on nois. I have traveled with him to Mis- best for our Nation and world. the Appropriations Committee. We souri. We pray in Your precious Name. worked on the Energy and Water Sub- He is a person who has looked out for Amen. committee over many years. During the Nevada test site—a place where al- most of that time, he was either chair- most 1,000 nuclear devices were ex- f man or I was chairman, and the other ploded, most of them underground, but PLEDGE OF ALLEGIANCE one was the ranking member. We trav- not all of them underground. He eled the country looking at different worked with me to make sure that fa- The Honorable JIM WEBB led the facilities that related to the jurisdic- cility—that is a billion-dollar facility— Pledge of Allegiance, as follows: tion we had. It was a great sub- is still used for the security of this Na- I pledge allegiance to the Flag of the committee because all the money we tion. He has worked on, as I have indi- United States of America, and to the Repub- had was discretionary, and it was a cated, the safety of our nuclear stock- lic for which it stands, one nation under God, subcommittee that did so many good pile. indivisible, with liberty and justice for all. things for the country. There were He made his decision to retire for f water projects that were long overdue. reasons that are certainly valid, but We set up the safety and reliability of that does not take away from the fact APPOINTMENT OF ACTING our nuclear arsenal. It was not easy, we will all miss him. PRESIDENT PRO TEMPORE but we worked through that. I must say, one of the other issues he The PRESIDING OFFICER. The Senator DOMENICI has a tremen- has worked so hard on—originally with clerk will please read a communication dously interesting background. Be- Senator Wellstone, but after that much to the Senate from the President pro cause of my fascination with athletics, of the time alone—deals with mental tempore (Mr. BYRD). and especially baseball, I was stunned health parity. Fortuitously, a week be- The assistant legislative clerk read to learn this respectable man—who has fore we adjourned for the Columbus the following letter: so much mental acuity and is good Day recess, we passed that legislation

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S12831

.

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12832 CONGRESSIONAL RECORD — SENATE October 15, 2007 in the Senate. Now we have to make I hope everyone understands we need will now be a period for the transaction sure our bill and the House bill are to do the Labor-HHS bill. That would of morning business for a period of 1 conferenced and we finish those two be the sixth bill we will have com- hour, with Senators permitted to speak bills. But it certainly is a step in the pleted. We are going to start that bill therein for up to 10 minutes each, and right direction. as soon as we finish the bill that is be- with the time equally divided and con- So I do offer Senator DOMENICI my fore us, the Commerce, Justice, trolled between the two leaders or congratulations for the wonderful job Science appropriations bill, and we are their designees. he has done as a Senator and, as I told going to finish that bill this week. We The Senator from New Mexico. him on the phone, I express how have to do that. f much—after the next 15 months—I will The farm bill is so important all PRESIDENTIAL RECORDS ACT miss him. across this country, and the markup of AMENDMENTS OF 2007 f that bill is scheduled for next week. The reason we have to finish the Mr. BINGAMAN. Mr. President, I rise SENATOR TED KENNEDY Labor-HHS appropriations bill this to discuss the Presidential Records Act Mr. REID. Mr. President, I think it is week is the chairman of the committee Amendments of 2007. also important to tell everyone Sen- the farm bill will come out of is Sen- The Presidential Records Act of 1978 ator KENNEDY is strong and well and ator HARKIN, who is also the chairman declared a President’s papers were the happy. He had some minor surgery that of the subcommittee that deals with property of the people of the United was important surgery. A lot of people Labor-HHS. So we have to finish that. States and were to be administered by do not know Senator KENNEDY was I hope it does not spill into the week- the National Archives and Records Ad- nearly killed in an airplane crash. His end. We have talked about that several ministration. The act provided that life was saved by EVAN BAYH’s father, times this year and rarely have we had Presidential papers would be available Birch Bayh. to do it. But we need to get that done. 12 years after a President left office, al- He never complains, but Senator After this week, we will only have lowing the former or incumbent Presi- KENNEDY has constant pain from his four work weeks before we have our dent the right to claim executive privi- back. As a result of that, he had some Thanksgiving Day recess. We are all on lege for particularly sensitive docu- work done to see what was going on line to see what we can do to work out ments. with his back. They did a CAT scan of our differences with the White House In order to fulfill that mandate—that his full spine, which normally is not to finish our funding for this year. We mandate that was in the 1978 law— done because most of the trouble in his need to do that, and finishing this bill President Reagan, in 1989, signed Exec- back is in the low back, not the high will point us in that direction. utive Order 12667, which gave the back. As a result of that, they fortu- Thank you, Mr. President. former or incumbent President 30 days itously—with good fortune because of f to claim executive privilege. However, in 2001, early in his admin- the high x-ray—checked and a carotid RECOGNITION OF THE MINORITY istration, President Bush issued Execu- artery was plugged. LEADER It was very fortuitous that was done. tive Order 13233, and this executive His wife Jackie thinks that is a mir- The ACTING PRESIDENT pro tem- order by President Bush nullified acle, and it certainly is a blessing in pore. The Republican leader is recog- President Reagan’s order and imposed their lives because as a result of taking nized. new regulations for obtaining Presi- a look at his spine, they were able to f dential and Vice Presidential docu- spot that and avoid some serious prob- SENATORS DOMENICI AND KEN- ments. President Bush’s new order lems in the future. NEDY AND APPROPRIATIONS greatly restricts access to Presidential I cannot possibly overstate the im- BILLS papers by requiring that all requests portance of Senator KENNEDY’s leader- for documents, no matter how innoc- Mr. MCCONNELL. Mr. President, let ship in this body as we address the crit- uous, be approved by both the former me commend the majority leader for President, whose papers are involved, ical issues that lie ahead in this work his comments about our colleague, period. For 45 years he has been a per- and also by the current White House Senator DOMENICI’s long and extraor- son who has been on the cutting edge occupant. There is no time limit to the dinarily distinguished career. We are White House review, and the right to of doing the right thing for this coun- indeed fortunate he will be here for an- try and certainly for the State of Mas- review and assert executive privilege other 15 months and we look forward to has been extended by President Bush in sachusetts. serving with him. I will have, obvi- f his Executive order to include the Vice ously, a lot more to say about his re- President and to include Presidential SCHEDULE markable tenure in the Senate later. family members. In this way, the order It is also good to have a health up- Mr. REID. Mr. President, today, we goes against the spirit of the Presi- date on our colleague Senator KEN- are going to have morning business for dential Records Act and against the NEDY, and to learn his operation went an hour after Senator MCCONNELL and letter of the Presidential Records Act well and he is doing well and will be I finish our brief remarks to the Sen- by creating a presumption of non- back with us soon. ate. The time will be equally divided Finally, let me underscore the obser- disclosure and expanding the executive and controlled. Following the period of vations the majority leader made. It is privilege claim, thus allowing the morning business, the Senate will re- our goal to pass as many of the appro- White House to prevent the release of sume consideration of the Department priations bills as possible. There will records literally for generations in the of Commerce, Justice, and Science Ap- be significant cooperation on this side future. propriations Act. of the aisle toward that end. That is, H.R. 1255, the Presidential Records Under an order previously entered, after all, the basic work of Govern- Act Amendments of 2007—which is the people have until 2:30 p.m. today to file ment, and we need to try to complete bill I came to the floor to speak any first-degree amendments to the it as rapidly as possible. about—was passed in the House by a bill. We are going to finish this bill vote of 333 to 93 on June 20 of this year. perhaps not tonight, but I hope we can f I introduced a similar bill, S. 886, in finish it tomorrow because we are RESERVATION OF LEADER TIME March of this year in the Senate. The going to move then to the Labor-HHS The ACTING PRESIDENT pro tem- bill I introduced is a bipartisan bill legislation. pore. Under the previous order, the which is cosponsored by Senators Tonight we are going to have a vote, leadership time is reserved. CORNYN, LEAHY, SUNUNU, FEINSTEIN, and we are going to see if we can come f and OBAMA. Two weeks ago, Senator up with an amendment to the appro- FEINSTEIN sought unanimous consent priations bill we are working on. If not, MORNING BUSINESS for the Senate to proceed to H.R. 1255, there is still a judge we need to have The ACTING PRESIDENT pro tem- but an objection was heard from an- approved, and we will do that tonight. pore. Under the previous order, there other Senator.

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12833 H.R. 1255 is a bipartisan bill that RECORD CORRECTION created more bureaucracy. It is a block merely seeks to clarify the process Mr. REID. Mr. President, I made a grant to my State that is used by State under which the Presidential Records mistake in my statement a few min- government to purchase health insur- Act is to be implemented. The bill utes ago. I have known Vicki Kennedy ance from Blue Cross/Blue Shield and seeks to nullify President Bush’s Exec- for many years. My staff tells me I cover children who have no health in- utive order by limiting claims of exec- mispronounced her name. That was surance. Most States do that. utive privilege to the President and to This is not a big government pro- certainly not intentional. I know gram. This Congress passed a bipar- former Presidents in requiring that the Vicki. She was so kind and thoughtful President notify the Archivist of any tisan piece of legislation. Let me em- to call me very early Saturday morn- phasize that it is a bipartisan piece of claims of executive privilege within 60 ing to let me know Ted was going into days preceding a notice of a request for legislation expanding health insurance the hospital and I asked her to please coverage for children. I am proud that a document with an additional 30 days call me when the surgery was finished, if requested. These measures essen- we have done that. In the Senate, we and Vicki did that. I called her Jackie had 67 Senators vote in favor of it. Two tially return the process to the proce- for reasons unknown to anyone other dural framework that had been in place Senators who were in favor of that bill than whoever puts words in my mouth. were absent at that time, so that is 69 since President Reagan issued his I want the RECORD to be corrected. Senators who said, yes, let’s expand original Executive order. I note the absence of a quorum. the program. It was fully paid for. It This is an important matter that de- The ACTING PRESIDENT pro tem- doesn’t increase the debt by one penny. serves to be brought to a vote in the pore. The clerk will call the roll. It expands the program and would Senate. There is strong bipartisan sup- The assistant legislative clerk pro- allow 3.8 million additional children in port for the reasonable approach to the ceeded to call the roll. this country to have access to health Presidential Records Act that is con- Mr. DORGAN. Mr. President, I ask care coverage. tained in H.R. 1255. Now is not the unanimous consent that the order for Mr. President, I don’t know what is time, in my view, for political ploys the quorum call be rescinded. in second or third or even fourth place but for, instead, a thoughtful debate The ACTING PRESIDENT pro tem- in terms of people’s priorities. I know and an ultimate vote on this bill. pore. Without objection, it is so or- what is in first place for most people: dered. their children and their children’s Two weeks ago, the U.S. District f health. Court for the District of Columbia The President says he vetoed this ruled that Executive Order 13233 is, in ORDER OF PROCEDURE legislation because it is big govern- part—this is the Executive order Presi- ment. He vetoed this legislation be- dent Bush entered—invalid in requiring Mr. DORGAN. Mr. President, my un- derstanding is that we are in morning cause he says it would cover kids at the Archivist of the United States to the family level of income of $83,000. delay release of the records of former business, and the minority side is actu- ally allocated certain amounts of time. The President knows better than that. Presidents at their request as per- He wasn’t telling the truth. Let me mitted under the order. The Court They are not here. I ask unanimous consent that I may just, if I can, speak a bit of truth to found that the Archivist’s reliance on this issue. This is not big government. section 3(b) of that Executive order is speak in morning business, with the understanding that if someone on the Contrary to most of what the President without constitutional basis and vio- is sending down to the Congress, this is lates the Administrative Procedures minority side comes to speak in morn- ing business on their time, I will relin- paid for. Contrast this children’s Act. This holding gives us clear direc- health insurance—a proposal from the tion in legislatively addressing the quish the floor. The ACTING PRESIDENT pro tem- Congress that is paid for—with the pro- problems that have arisen as a result of posals that sit in front of the Congress Executive Order 13233. pore. Without objection, it is so or- dered. from the President for Iraq and Af- Under the Presidential Records Act, ghanistan to prosecute the war. Right there is a clear and an unequivocal as- f now, we have a $189 billion request by sumption that the records of a Presi- CHILDREN’S HEALTH INSURANCE this President to continue funding the dent’s administration belong to the PROGRAM war in Iraq and Afghanistan. Not one people of this Nation, barring the na- penny of it is paid for. Mr. DORGAN. Mr. President, I be- We send the soldiers to war, and the tional security interests or an execu- lieve midweek this week the House will tive privilege claim. The people of this President says let’s send them the bill take up the veto override of the Presi- later when they come home and they Nation hired the President. His work is dent’s veto on the Children’s Health In- undertaken on behalf of the people. can help pay for it. Contrast that with surance Program. There has been a lot what we have done with children’s Can anyone doubt that the Nation is of discussion about what this Congress made stronger and our Government health insurance. It is $35 billion over 5 has or has not done. I think despite all years, all of it paid for, and 3.8 million and the electorate are better served by of the obstacles and roadblocks we the study of the actions of past Presi- children, who at this point don’t have have made progress in a wide range of access to health insurance coverage, dents? This is not a matter of trying to areas. But the one in which we have uncover dark secrets; rather, it is in will get that coverage. Is that some- made significant progress, which I am thing we ought to be proud of? In my everyone’s interests and certainly in very proud of, is expanding children’s the interests of this Nation that schol- judgment, it is. Now, the President, health insurance coverage. when he vetoed this, he said this is ars, students, and the public have ac- Regrettably, we have a lot of chil- cess to the records of former Presidents going to provide coverage to kids dren in this country who have no whose parents are at the $83,000 level. in order to fully understand and appre- health insurance coverage at all. So ciate the work of those Presidents and That is not the poverty level. There is the question of whether when they are no $83,000 level. That was a level re- to provide guidance for future Presi- sick they have a doctor to go to is a dents and future administrations. quested by the State of New York, function, in many cases, of whether the which was not approved. I strongly urge that H.R. 1255 be parents have any income or any money It is true that there are a number of brought to the Senate floor for debate in their checkbook or in their pockets. States that cover children from fami- and for ultimate passage. Many times those children get no lies who have incomes above the 200- Mr. President, I yield the floor, and I health care. percent level of poverty, but let me suggest the absence of a quorum. In 1997, we put in place the Children’s point out that this George W. Bush ad- Health Insurance Program. We know it ministration approved these expan- Mr. REID. Mr. President, would the works because we have had it for 10 sions, and I will give an example. In Senator withhold? years. In my State, for example, the 2003, New Jersey applied for a waiver to Mr. BINGAMAN. I certainly do with- Children’s Health Insurance Program is be able to cover parents in their pro- hold. not a government program that has gram. Secretary Thompson of the Bush

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12834 CONGRESSIONAL RECORD — SENATE October 15, 2007 administration said: Absolutely. He Not today. Your priorities aren’t RETIRED GENERAL SANCHEZ ON IRAQ POLICY signed the waiver saying: square with what we ought to be doing Now, let me go from DARPA to the With this waiver, New Jersey will be able in this country today. Our priority is, issue of General Sanchez’s speech on to expand health insurance coverage to thou- No. 1, expand health insurance cov- Iraq policy that he gave this past sands of residents who otherwise would be erage for America’s children. My hope weekend. General Sanchez was in uninsured. is at the end of this week that will be charge of the war in Iraq and he has California asked for a waiver. The the result from the House of Represent- now retired and General Sanchez has Bush administration said: atives. I know very soon the Senate some very strong things to say about By giving parents of children with the will vote and easily override the Presi- the war in Iraq since his retirement. CHIP program health insurance, we are pro- dent’s veto. He says the war began with: viding quality health care to the whole fam- DEFENSE ADVANCED RESEARCH PROJECTS A catastrophically flawed, unrealistically ily. AGENCY optimistic war plan . . . Since the start of This is the Bush administration that In a moment I will talk about Gen- this war, America’s leadership has known has actually approved these waivers, eral Sanchez’s speech this weekend, that our military alone could not achieve which I read about in the Washington victory in Iraq. Starting in July 2003, the the very waivers the President seems message repeatedly communicated to Wash- now to be critical of. Post, but before I do that, there is some interesting news about what is ington by military commanders on the Let me also say this. The President ground was that the military alone could campaigned—he campaigned—on ex- happening at the Defense Department never achieve victory in Iraq. in advanced research in something panding children’s health insurance. In General Sanchez said the ‘‘surge,’’ 2004, here is what he said: called DARPA—Defense Advanced Re- search Projects Agency. which he called the ‘‘latest revised In a new term, we will lead an aggressive The head of DARPA, Dr. Tony Teth- strategy,’’ is, in his words, ‘‘a desperate effort to enroll millions of poor children who attempt by an administration that has are eligible but not signed up for the govern- er, came and spoke at a technology conference I had in Fargo, ND, last not accepted the political and eco- ment’s health insurance programs. We will nomic realities of this war and they not allow a lack of attention or information week. His speech was extraordinary. He to stand between these children and the is a good presenter and a wonderful have definitely not communicated that health care they need. public servant. I know there are some reality to the American people.’’ As a result, the American military, So the President vetoed this bill. The who wonder if the Government ever he says: sky is the limit when it comes to the does anything right. Well, the Govern- ment does a lot of things to improve finds itself in an intractable situation. The other spending, but this bill, which is best we can do with this flawed approach is fully paid for, gets a veto. There are and help the American people and ad- vance this country’s interests, and I stave off defeat. The war in Iraq has been a plenty of votes in the Senate to over- ‘‘catastrophic failure.’’ will describe one of them. ride the President’s veto. The question This, according to General Sanchez, is in the House. My hope is that Mem- Dr. Tether described experiments that are going on in advanced research who was in charge of the war in Iraq bers of the House will understand the from mid-2003 to mid-2004. Over 20 opportunity to override this veto and in DARPA, in which they have taken a monkey, and the monkey sits at a con- other retired generals have spoken out to establish a clear priority for this after they have retired. General Eaton Congress on a bipartisan basis. My sole with a joystick. He sees a red ball go across in front of him, and he uses said: hope is they will round up the votes in The military ethos is: Give your advice pri- the House to override this President’s the joystick to touch the red ball with the arm of the joystick, and he is then vately to those in a position to make veto. given a treat. That is learned behavior changes, not the media, but this administra- This is about priorities. The fact is tion is immune to good advice. for the monkey. The ball goes across 100 years from now all of us will be the screen, the monkey exercises the So retired General Eaton went public dead and gone and the record of our joystick, the joystick aperture touches with his criticism of this administra- service here and the record of this the red ball, and the monkey gets a tion’s flawed policies. President’s service, the record of this treat. Then they took the joystick General Batiste—I had the oppor- Government, will be in the history away and instead put on the monkey a tunity to meet General Batiste—was books. They will be able to tell a bit mechanical electrical arm they are one of the brightest stars in the mili- about our value system by looking at working on for those who have lost tary and was considered virtually cer- how did we spend our money. They will their limbs. They implanted electrodes tain for promotion to the highest see there was a time in October of 2007 in the brain of the monkey. Now, when ranks. But, he turned down his third that this Congress had a couple of the red ball goes across in front of the star and retired rather than continue choices: First of all, the President monkey, the monkey has no joystick, to implement a war policy that he felt, says, give me another $189 billion for but the monkey thinks about touching and that he had experienced firsthand, Iraq and Afghanistan to prosecute the the ball and getting the treat and so was flawed. He retired so he could war; give me another $189 billion, and the electrodes capture the thought. ‘‘speak out on behalf of soldiers and by the way, I don’t intend to pay for a Think of that—the electrodes capture their families.’’ penny of it. Just add it to the debt. An- the thought, which sends the electric The point is, General Sanchez has other priority was the Congress saying, impulse to the prosthetic arm that has said, and the other retired generals let’s expand health insurance for chil- been developed, and the arm reaches have said—in fact, I believe that most dren—$35 billion over 5 years. Let’s ex- out and touches the ball, all because believe—there is not a military solu- pand health insurance for children and, the monkey is thinking about touching tion in Iraq, there is only a solution by the way, we will pay for it in the the ball. that embodies substantial diplomatic bill, which we did. And the President This is about breathtaking new tech- efforts and efforts in the political sys- says the second priority is the one that nology and research into approaches tem in Iraq as well. The military alone is inappropriate? What can he be think- that will help those who have lost cannot possibly prevail in Iraq. ing of? limbs in warfare, yes, and in every I wish to make a point I have made When historians look at this value other area of life. There is so much before. We have now apparently trained system and determine that the value going on that is interesting and breath- about 350,000 people in Iraq to be sol- system said children are less impor- taking in the advanced research area, diers or to be in law enforcement. To tant, children are not the priority, and again I say to Dr. Tether that I ap- the extent that I have numbers, this they are going to scratch their heads preciated his coming to North Dakota was from the 2007 report of the General and wonder how on Earth we came to and giving such a wonderful presen- Jones Commission, we have trained that conclusion. I hope that is not the tation. It was extraordinary. 152,000 members of the Iraqi Army— lesson that will come from this effort Well, that is something called which incidentally, is about the num- to override the President’s veto. I hope DARPA. Not a lot of people know ber of American soldiers in Iraq—and the lesson will be a bipartisan Congress about DARPA at the Department of 194,000 members of the Iraqi police. saying to this President: Not this time. Defense. That is 346,000 Iraqis to be soldiers and

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12835 police men and women. Now, I think cure haven and they are plotting addi- hoped we could work between now and one can reasonably ask the question, tional attacks against our country and next spring, when we begin the new fis- after we have been in Iraq longer than they are reconstituting their training cal year legislation, so we could add we were in the Second World War, that camps to train the terrorists. Now, it some funding for these critical areas. I if we have trained over 350,000, or should be clear to us what our obliga- want to make note that Senator MI- roughly 350,000 police men and women tions are. KULSKI and Senator SHELBY already and soldiers, when will they have the I yield the floor, and I suggest the ab- added funding to accounts the Presi- will to provide for their own security? sence of a quorum. dent had decided to zero out. These ac- They have a new Constitution. The The ACTING PRESIDENT pro tem- counts are accounts dealing with law people of Iraq have seen Saddam Hus- pore. The clerk will call the roll. enforcement on Indian reservations. sein executed. They have a new govern- The assistant legislative clerk pro- We just held a hearing on these ment. And they have had nearly 350,000 ceeded to call the roll. issues in the Indian Affairs Committee of their own trained to be law enforce- Mr. DORGAN. Mr. President, I ask here in the Senate. It is pretty stark, ment and military soldiers. Yet they unanimous consent that the order for when you hear from folks who talk cannot provide for their own security? the quorum call be rescinded. about the crisis on reservations with My nephew went into the Marines The ACTING PRESIDENT pro tem- respect to law enforcement. about 10 months ago. He is fully pore. Without objection, it is so or- The U.S. Government made a deci- trained and now in Iraq. We do it, and dered. sion a long time ago, well over a cen- we can train 350,000 Iraqis. Yet they tury ago, that law enforcement on In- f can’t provide for their own security? dian reservations is a responsibility of Something is wrong with that. CONCLUSION OF MORNING the Federal Government. Our country So, Mr. President, I only make the BUSINESS has a legal obligation to be involved in point that I read with interest General The ACTING PRESIDENT pro tem- preventing crime on Indian lands. That Sanchez’s comments this weekend, and pore. Morning business is closed. obligation is a result of treaty provi- they mirrored comments we have heard sions and Federal laws that grant the previously from General Eaton, from f United States the responsibility and General Batiste, from Colonel DEPARTMENTS OF COMMERCE, the authority to investigate and pros- Hammes, and many others that the JUSTICE, SCIENCE, AND RE- ecute major crimes on Indian reserva- current strategy has been flawed all LATED AGENCIES APPROPRIA- tions. That is not the choice of Indian along and must change. We must un- TIONS ACT, 2008 tribes; that is a decision our Govern- derstand that the solution in Iraq is The ACTING PRESIDENT pro tem- ment made over a century ago. The not going to be a military-imposed so- pore. Under the previous order, the tribal governments on our Indian res- lution, it is going to be a diplomatic Senate will resume consideration of ervations rely on the Federal Govern- solution and a solution within the po- H.R. 3093, which the clerk will report. ment—specifically, the FBI and the litical system in Iraq, the absence of The legislative clerk read as follows: U.S. attorney’s office—to investigate which means there will remain in Iraq and prosecute violent crimes on Indian A bill (H.R. 3093) making appropriations a protracted long-term civil war. reservations. While we are going door to door in for the Departments of Commerce and Jus- tice, and Science, and Related Agencies for We had a hearing 2 weeks ago. There Baghdad in the middle of a civil war the fiscal year ending September 30, 2008, and was testimony at that hearing from with American soldiers, Osama bin for other purposes. some research that had been done that Laden continues to send us messages Pending: 34 percent of Indian women will be over the internet and the airwaves. Our raped or sexually assaulted during National Intelligence Estimate says Inouye amendment No. 3214, to establish a factfinding commission to extend the study their lifetime. One-third of the Indian that he is in a ‘‘secure’’ hideaway in of a prior commission to investigate and de- women will be raped or sexually as- northern Pakistan and has now rebuilt termine facts and circumstances surrounding saulted during their lifetime. That is training camps and reconstituted the the relocation, internment, and deportation the state of violent crime on Indian al-Qaida leadership. to Axis countries of Latin Americans of Jap- reservations. Now, think of that. Those who com- anese descent from December 1941 through A retired BIA police officer who mitted the acts of terror against our February 1948 and the impact of those ac- worked on the Standing Rock Sioux country and murdered thousands of tions by the United States and to rec- Reservation said we do not have the re- Americans are now in a safe, more se- ommend appropriate remedies. sources. ‘‘We all knew they only take Casey (for Biden) amendment No. 3256, to cure place, according to our intel- appropriate an additional $110,000,000 for cases with a confession.’’ If there ligence estimates, and is reconstituting community-oriented policing services and to wasn’t a confession, there wasn’t a training camps and plotting new at- provide a full offset for such amount. case. ‘‘We were forced to triage our tacks against our country. We, on the Brown amendment No. 3260, to prohibit the cases,’’ he said. When this violence be- other hand, have our soldiers going use of any funds made available in this act in comes so commonplace that the police door to door in Baghdad in the middle a manner that is inconsistent with the trade have to triage rape cases, there is of a civil war. I think General remedy laws of the United States. something dreadfully wrong. Sanchez’s comments and the comments The ACTING PRESIDENT pro tem- One of the big factors in the rise of of over 20 other high-ranking military pore. The Senator from North Dakota violent crime on Indian reservations is officers upon their retirement rep- is recognized. the lack of a police presence or law en- resent a basic body of thought most of Mr. DORGAN. Mr. President, Senator forcement presence on Indian lands. us have long understood but is not un- MIKULSKI, the chair of the sub- There are little more than 2000 Federal derstood at this point by the President. committee, will be here at 4 o’clock. I and tribal law enforcement officers All of us want this country to suc- know Senator SHELBY is here, and I be- who patrol 56 million acres of Indian ceed. We want our country to succeed lieve he will be out momentarily. I land. In North and South Dakota, we in our war against terrorism. But the have agreed to be on the floor until have two police officers who patrol the fact is we have to develop the right Senator MIKULSKI returns. 2.3 million-acre Standing Rock Sioux processes and the right policies to em- I did want to take a moment to talk Indian Reservation. We have heard brace that war against terrorism and about an amendment I was discussing from people who called to report a vio- to eliminate the al-Qaida leadership, when we were previously in session on lent crime as it was occurring, and which represents the greatest terrorist this bill, dealing with law enforcement they waited an hour and 15 minutes for threat to our country. Again, the Na- on Indian reservations. I did not actu- the police to show up. In other cases, tional Intelligence Estimate that we ally offer the amendment. I had filed they wait days for the police to show have all read says the greatest ter- the amendment. up. rorist threat to our country, including The subcommittee itself restored The lack of tribal jails and bedspace to our homeland, is the leadership of some funds that the President had cut. also adds to the problem because there al-Qaida and they are in a safe or se- I indicated to the subcommittee that I is no place to put criminals. I have

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12836 CONGRESSIONAL RECORD — SENATE October 15, 2007 been in tribal detention facilities. I have made agreements and required send it to the States, work with the have seen kids lying on cement floors that we will be responsible for dealing Governors, share the expense, and in tribal detention facilities because with it. bring these kids under hospitalization there was not a juvenile facility and The President says: Let’s not do it. coverage. In 10 years it worked. From the other detention facilities did not And Senator MIKULSKI and Senator 15 million uninsured, we were able to have proper beds and didn’t have SHELBY said: We reject that. We have a insure 6.6 million children in America; enough space, so young children were responsibility. 300,000 in my home State of Illinois. lying on the floor of a detention facil- I was intending to offer an amend- Well, with the new Congress and the ity. ment 2 weeks ago—I did not do that— expiration of this program, we took an- There is a $400 million backlog for to add even further because Senator other look at it and said: Can we do construction for tribal jails. One Fed- MIKULSKI and Senator SHELBY indi- better? Can we extend this beyond 6.6 eral official said that there is what is cated they want to work with me. But, million kids to more of the 15 million called a catch-and-release system—just first and foremost, I want to com- targeted group of children? We found a catch the criminals and release many pliment them for rejecting the Presi- way to do it. We did it in a bipartisan of them back into the community be- dent’s suggestion that we ignore our way, a cooperative effort with the Re- cause there is no space to put them. responsibility, and for Senators MIKUL- publican side of the aisle, an effort that Because of that, the Indian reserva- SKI and SHELBY deciding these pro- involves Senator CHUCK GRASSLEY of tions have become soft targets for or- grams are exactly what we should be Iowa, Senator ORRIN HATCH of Utah, ganized crime and particularly for or- funding; it is our responsibility to do well-known, conservative Republicans ganized efforts dealing with meth- so. who sat down with Senators MAX BAU- amphetamine. I yield the floor and suggest the ab- CUS and TED KENNEDY and hammered In May of last year, Federal officials sence of a quorum. out the details—Thirty-five billion dol- seized a huge methamphetamine orga- The ACTING PRESIDENT pro tem- lars more in spending over the next 5 nization’s business plan, and the busi- pore. The clerk will call the roll. years. ness plan outlined how that organiza- The legislative clerk proceeded to Now, the first reaction, of course, is tion wanted to replace alcohol abuse as call the roll. that most people say: Great, you it infiltrated Indian reservations with Mr. DURBIN. Mr. President, I ask dreamed up an expansion of a program methamphetamine abuse on Indian res- unanimous consent that the order for that costs us $35 billion. Thanks a lot. ervations. The plan also outlined how the quorum call be rescinded. Our kids will pay for it. the tribal police could not arrest them The ACTING PRESIDENT pro tem- Wrong. We insisted that it be paid while on the reservation. They de- pore. Without objection, it is so or- for. How is it paid for? By increasing scribed in the business plan how they dered. the Federal tax on tobacco products. were going to introduce and use the Mr. DURBIN. Mr. President, I ask That is it. I am not going to beat reservations as the basis for their unanimous consent to speak as in around the bush and tell you there is methamphetamine distribution to run morning business. some secret way to do it. That is how their business. The ACTING PRESIDENT pro tem- we did it. We raised the Federal tax on After creating a system in which we pore. Without objection, it is so or- tobacco products, cigarettes and ci- said law enforcement is the Federal dered. gars. You can sign me up, incidentally, Government’s responsibility, the ad- SCHIP any day of the week. I am one Senator. ministration in its budget now wants Mr. DURBIN. Mr. President, the Sen- I am sure there are many like me who to tell the tribes: We are too busy, so ate is just returning from a week have lost a loved one to cancer brought you are on your own. home. I spent the week in my home on by tobacco. Most people in America The statistics I have described are State of Illinois traveling from far have been touched by tobacco disease really sobering: crumbling jails. What southern Illinois to Chicago and most and illness. does the administration propose to points in between. It was a busy week. I believe one of the best things we spend for detention facilities, Tribal I met with a lot of people and continue can do is to keep tobacco products out Jails Discretionary Grants Program? to be amazed that there is such a dis- of the hands of our kids. When you Well, the administration proposes we connect between the real world of raise the price by raising the tax, chil- spend nothing. Not a thing. Assistance America and the world of Capitol Hill. dren are discouraged from buying the to the tribal courts, what does the ad- In about 48 hours, the U.S. House of product. Good. If kids do not get ad- ministration propose that we spend? Representatives is going to have a his- dicted early and stick around until Nothing. toric vote. It is about children’s health they are about 18 to make the choice, Those are all programs that have al- insurance. Here we are, the wealthiest they will decide it is a pretty dumb ways been funded. These are programs Nation on Earth, with the best doctors, idea. But if they start smoking at 14, for which the Federal Government has the best hospitals, the best technology, 15, 16, an addiction gets started. So we a responsibility by previous agreement. amazing medical research. Yet when it raised the tobacco tax to come up with Tribal COPS Program, the President comes down to basic health care pro- the $35 billion. Over the next 5 years we says let’s fund it at zero. Tribal Youth tection, America falls short. We spent will expand the health insurance cov- Program, fund it at zero; Indian Alco- more money per capita than any na- erage from 6.6 million children to 10 hol and Crime Demonstration Pro- tion on Earth on health care, but our million children in America—still not gram, zero. outcomes do not show it. Countries 15 but clearly moving in the right di- Every single one of those, all except that spend a lot less get a lot more. rection. the last, have always been funded. The Other countries around the world have We passed the bill over here with an President says: Not my responsibility, made a dedicated effort to make sure amazing vote. In a time when we have not this administration; we do not in- every citizen in their nation has the these death-defying votes of 1 vote tend to provide funding. protection of basic health care. here, 1 vote here, 69 Senators voted for Now, let me thank Senator MIKULSKI But not America. Forty-seven mil- the bipartisan approach to expand chil- and the ranking member as well, Sen- lion Americans have no health insur- dren’s health insurance. ator SHELBY, because they have pro- ance. We tried to address that with the We sent the bill over to the House. vided some funding in this sub- Children’s Health Insurance Program They were disappointed because they committee mark. It is not as much as 10 years ago. We looked at the 40 mil- wanted more. I want more. I would like I would like. It is not as much as I am lion uninsured Americans and said: 15 to see all 15 million kids covered, to be sure they wanted to do, but they million are kids; let’s start there. Let’s honest with you. I would like to see all should be complimented for rejecting cover these children. Let’s make sure Americans covered. I will get to that the President’s recommendation at a they have health insurance, not point in a moment. But they passed it, time when we have a serious problem, through a government plan but and we sent it to President Bush. and at a time when that problem is our through private health insurance. We Now, President Bush is in his seventh responsibility to deal with because we will take money, grants and money, year as President of the United States.

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12837 He has used his veto pen four times— So out of a take-home pay of $3,000, single mom. Sergio was her only child. four times—once to veto a plan passed they say you are well enough off that Doctors think she may have had the by Congress on a bipartisan basis to you do not need help to pay $1,000 a tumor for a long time, but the symp- change the policy in Iraq and start month for health insurance. Who is toms didn’t show up until 2 months bringing our troops home; President kidding whom? The reality is that fam- ago, and then she died. Before that, she Bush vetoed it; next, he had two oppor- ilies are crippled by these costs. Many had suffered a stroke which left her tunities and used his pen twice to veto of them cannot afford insurance, and paralyzed on her right side. She was an the expansion of medical research they need the help of this program. It authority on health and nutrition and using stem cells. You will recall the is a reasonable thing to do. worked for organizations, including the President stopped this research at the Those people in the White House who Centers for Disease Control, USAID, Federal level. States are now doing it, just want to call this socialism, or UNICEF, and the Organization of private companies are doing it, and for- whatever the word of the day may be, American States, but she had been un- eign governments are doing it. But the or dismiss families making $60,000 as employed and uninsured for 5 months Bush administration will not allow our not needing a helping hand with health when she got sick. Even COBRA, which National Institutes of Health, through insurance for children, they are so out is the way to purchase health insur- Federal funding, to do this. Well, the of touch they do not understand the ance when one is not working, was too President used his veto pen twice to drama that these families go through expensive for someone with a limited stop this promising research to find every single month for lack of health income such as Sergio’s mother. As a cures for diseases and causes of death. insurance. result, when she died from an aggres- His fourth use of the veto pen was to There is a story closer to home for sive form of brain cancer, she left kill the Children’s Health Insurance the Members of the Senate. It does not $255,000 in unpaid hospital and doctor Program. What did they say about it? relate to the Children’s Health Insur- bills—a quarter of a million dollars. The hospital first threatened to sue Why did the President veto this bipar- ance Program, but I think it is a story her son for payment. A lawyer who is tisan bill that came out of the Senate worth telling. It is a story about a helping him pro bono negotiated the and the House? Well, they said, first, it member of the Senate family, someone hospital charges down, first to $216,000, was socialized medicine—socialized whom most of us have seen many then to $95,000. With another $40,000 in times. Many may not know his name, medicine. You know that is a cliche doctors bills, Sergio, a member of the but he is someone who has gone that was probably born in the 1960s, Senate staff, still owes $135,000 in med- through a life-changing experience be- maybe before, on the notion that the ical bills for his mom. How is he deal- cause of no health insurance in his Government would provide all the ing with this? He is selling his home in family. health insurance for America. Bethesda where he and his mom have Well, it did not work then. We cre- Forty-seven million Americans have lived for the last 8 years. It is the only ated Medicare, and thank goodness we no health insurance. We who are privi- leged in the Senate probably do not lie home they have ever owned. The pro- did, for millions of Americans who ceeds will go for the payment of these awake at night worrying about it be- have had peace of mind at age 65 be- medical bills. cause of it. Socialized medicine. What cause a bad diagnosis is not going to Sergio said when his mom got sick the President failed to say was if he lead to bankruptcy for us. We are she had been waiting to hear about a gets sick tomorrow, God forbid, he will lucky. We are part of the Federal Em- possible new job with the Federal Gov- go to a military hospital. The doctors ployees Health Benefits Program. We ernment, and it would have had health will be members of the military. The have got the best coverage in America. insurance. When the job offer finally nurses who answer his call will be Eight million Federal employees, Mem- came, his mother had just suffered a members of the military. He will be bers of Congress, we get an open enroll- stroke and couldn’t get out of bed to protected by Government health serv- ment period every year. You do not answer the phone. Two months and ices as President of the United States. like your company, change it. It is like $255,000 in medical bills later, she Is that socialism? I think I will leave shopping for a car. There are so many passed away at the age of 61. In another it to the President to decide. But I choices out there. You want a big plan, week or month, she might have had think it is troublesome that we have you pay more. You have more money health coverage with a new job. In an- reached a point that we dismiss a pro- taken out of your check. You want less other 4 years, she would have been eli- gram of such value to so many children coverage, pay less. You have less gible for Medicare. Instead, she had the and call it socialized medicine. What money taken out of your check. It has bad luck and bad timing to fall through was even more galling was someone in been around for decades. one of the gaping holes in America’s the White House along the way argued Members of Congress benefit from it, unravelling health care safety net. Now the point that this plan would cover in- and we have a peace of mind that her only child, her son, is paying the dividuals who make up to three times comes with it. But we do not have to price. the poverty level in the United States. look far to see families who are strug- I wonder how many Senators have Let me translate that into terms gling and facing terrible decisions be- been in the elevator with Sergio, Americans can understand. If you cause of the high cost of health insur- talked to him, shared a smile with him, make up to $60,000, you get help under ance. They are everywhere. They are in but had no idea of the terrible burden this plan. And the argument the White every town, every county, every State, he and his mother were carrying as a House made was, people making $60,000 all across our Nation, and they are result of the cost of health care and the a year—or ‘‘well off’’ in their terms—do right here in the family. There is a cost of being uninsured in America not need this help. young man who works just a few feet today. How many more families will Really? Well, let’s think about that away from where I am standing. He is have to sell their homes? How many for a second. Sixty thousand dollars a an elevator operator. His name is Ser- more bright, talented young people will year is gross pay. Now, let’s take about gio Olaya. He has worked here off and have to drop out of college so their 40 percent of that for all of the taxes on as an intern and has been an eleva- family can pay medical bills before we that are taken out and all of the deduc- tor operator since last May. He always finally come up with a real plan to tions that are taken out. That leaves has a big smile on his face, great young make health care more affordable for us somewhere in the range of $36,000 a fellow, says hello, and most of us, of all Americans? The truth is, almost year, about $3,000 a month in take- course, see him and greet him and head every family is at risk because of a home pay. off on our business. fraying and failing health care safety Now, go out and look for health in- He is 21 years old, a bright young net. Almost all of us could be one pink surance for a sick child. I will tell you man, happy disposition, a great future slip, one election, one bad diagnosis, or what you will find. You will be lucky ahead of him. But a few months ago, one serious accident away from a to get by with $1,000 a month for health Sergio, who works right outside this health and economic disaster for our insurance for your family if you have a door, had a tragedy strike his family. family. sick child. If you have a healthy fam- His mother died of an aggressive form This affects Sergio, our Senate fam- ily, it may still cost $600 or $800. of brain cancer. She was 61 years old, a ily. It affects all families. We need to

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12838 CONGRESSIONAL RECORD — SENATE October 15, 2007 deal with it. We need to find a way or dent, when vetoing the legislation, re- This really is an ounce of prevention a combination of ways to give every ferred to some families with $83,000 that we would have health insurance American access to affordable health who will be getting this largess so that for more of these kids to be covered, coverage. We can’t help Sergio pay their children can get subsidized health the children of working families who these bills, but we can sure look to the insurance coverage. My State, as an ex- go to work every single day and don’t possibility of 3.4 million children ample, covers children at 140 percent of have health insurance. The President across America and their moms and poverty, most States at around 200 per- vetoed the bill. dads finally having the peace of mind cent of poverty, which I believe is Mr. DORGAN. If the Senator will of knowing that their kids are covered. around $44,000 gross income, and the yield for one additional question, the It is a small step for a big nation, but $83,000 to which the President referred Senator from Illinois is on the Appro- isn’t it the kind of step we want to does not exist. It was a request from priations Committee with me. My un- take together in a bipartisan way? the State of New York which was not derstanding is the President is going to President Bush says no. He vetoed the granted. In any event, all those re- be sending down a second supplemental bill. He sent it back to the House of quests that have been granted for request within days. I understand the Representatives, and on Wednesday above the 200 percent have been ap- White House might not want to send it they will take a vote. Fifteen Repub- proved willingly and in a way that al- down before the override issue on the lican Congressmen who voted against lowed this administration to boast that SCHIP program. But the SCHIP pro- gram would spend $7 billion a year for the plan have to change their votes to they had approved them. Now the 5 years. That is $35 billion. All of it is override his veto. Overall, 62 Repub- President objects to the very thing paid for. None of it is contributing one lican Senators and Congressmen voted they had approved. for this plan, so it is bipartisan. I hope The other point is, didn’t this Presi- penny to the debt. The result of that the 15 who are thinking about it now dent actually campaign in the year 2004 spending? The 3.8 million children who will think about the vulnerability of a saying he supports expansion of this at this point have no health insurance lot of people such as Sergio, people we very program? I ask the question about coverage would now be fully covered don’t know who every single day have the $83,000. That clearly must be a mis- with health insurance. The President to wrestle with this terrible challenge representation. Is that the judgment of seemed to, when he vetoed the legisla- in our great Nation. the Senator from Illinois as well? tion, be saying: I am going to be the Mr. DORGAN. Will the Senator yield Mr. DURBIN. The State of New York guardian of the Federal Treasury and for a question? said: We want to cover families up to the taxpayers’ checkbook. This is big- Mr. DURBIN. I am happy to yield. $83,000; it is more expensive to live in government bureaucracy—socialized Mr. DORGAN. The Senator from Illi- New York than it might be in some medicine, in fact. nois has raised the issue of the override other State. But ultimately it was a This is fully paid for, $7 billion a of the President’s veto that will occur decision to be made by the President. year. Isn’t it the case that the Presi- dent has requested two things of us? in the House this week. When the The President had to give them permis- One is already here, and the other will President vetoed the bipartisan legisla- sion, and he denied it. Under this bill, come next week. One is $145 billion in tion that would expand opportunities the President still has that authority emergency funding for the wars in Iraq for health coverage for America’s chil- to deny States permission to go beyond and Afghanistan, not a penny of it paid dren—another 3.8 million kids who $62,000 a year. So he still has that au- for all this year, and on top of that, we don’t have health coverage now would thority. Arguing $83,000 makes no believe another roughly $44 billion sup- have it under that bill—the President sense. He turned it down. We didn’t referred to it as some kind of socialized plemental. So that will be a $189 billion change that in this bill. The President medicine, some sort of big-government emergency supplemental this year. In still has the authority to stop any pro- solution. Then he talked about the other words, $7 billion for kids is too gram that would expand in that direc- prospect of families with $83,000 in in- much; $189 billion, which will bring us tion. somewhere close to two-thirds of a tril- come. In my State and others, I concede, we Isn’t it the case that most States— lion dollars, the President has re- have been trying to find every way we my State included—receive a block quested we spend, not a penny of it can to insure people. Our Governor, the grant and use the block grant to pro- paid for. The implication of all that is, general assembly, and other people vide coverage by buying the coverage let’s send soldiers to fight. When they have tried to find ways to work with from BlueCross BlueShield? In other come back, they can pay for the debt the Federal Government to cover peo- words, it is a block grant the States we have incurred because we don’t in- use to purchase coverage for children. ple who don’t have health insurance. tend to pay for any of it. As a reminder—I know the Senator Is that what the President was refer- Isn’t it the case that the very same from North Dakota is well aware—the ring to as big government? If so, isn’t President who says $7 billion a year poorest children in America are cov- the President misrepresenting what which is fully paid for and which will ered by Medicaid. The poorest children this bill does? result in children’s health insurance Mr. DURBIN. Mr. President, that is have health insurance. The children for 3.8 million children is the President the case in almost every State. This who are fortunate enough to have par- who is sending us a $189 billion addi- isn’t a matter of the State of Illinois ents with health insurance aren’t the tional request for 1 year, none of it health insurance plan; it is a matter of ones we are talking about. We are talk- paid for? our State or the State of North Dakota ing about the group of children who be- Mr. DURBIN. The math is right. This taking the Federal funds and buying long to families who go to work every President has funded this war in Iraq private health insurance, which is single day and have no health insur- and Afghanistan borrowing money something these families currently ance. That is a lot of Americans and a from future generations. He has not cannot afford. It strikes me as reason- lot of kids. I have had several press paid for a single day of this war by im- able for us to give them a helping hand. conferences during the break at hos- posing a tax or cutting spending in It is not socialism, whatever that defi- pitals with doctors and nurses. They some other area. He is the first Presi- nition may be. It is not a big-govern- tell the story of these children. These dent in the history of the United ment plan. children don’t have a regular physi- States, in the entire history of our Na- The President argued that he cian, regular checkups, a regular place tion, to cut taxes in the midst of war. thought it was unfair to the health in- to go. So an earache turns into a sub- I am sure the Senator from North surance industry. I don’t understand stantial infection. Asthma at an early Dakota joined a lot of us in watching that. If these 15 million children have stage becomes a serious challenge. Dia- the Ken Burns documentary ‘‘The not had health insurance for years, betes goes undetected because these War.’’ It has been on for the last couple that industry has had plenty of chances kids are not brought into our health weeks on public television. One of our to sell it. The fact is, it is too expen- care system until they have reached great friends and heroes in the Senate, sive for these families. such a grievous situation that they end DANNY INOUYE of Hawaii, was featured Mr. DORGAN. If the Senator will up in emergency rooms, and we all pay in it, as he should have been. A Con- yield further for a question, the Presi- for it. gressional Medal of Honor recipient, he

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12839 told the story of his life that led to his The legislative clerk proceeded to (A) lessen the effectiveness of domestic and service to our country. You couldn’t call the roll. international disciplines on unfair trade, es- help but feel that America was at war. Mr. DORGAN. Mr. President, I ask pecially dumping and subsidies; or It wasn’t just our soldiers and sailors unanimous consent that the order for (B) lessen the effectiveness of domestic and international safeguard provisions, in order and marines and airmen; America was the quorum call be rescinded. to ensure that United States workers, agri- at war. We were all involved. The ACTING PRESIDENT pro tem- cultural producers, and firms can compete This war which has claimed 3,821 pore. Without objection, it is so or- fully on fair terms and enjoy the benefits of American lives, this war which has in- dered. reciprocal trade concessions; and jured more than 30,000 of our fighting AMENDMENT NO. 3233, AS MODIFIED (3) to address and remedy market distor- men and women, this war which has Mr. DORGAN. Mr. President, I ask tions that lead to dumping and subsidiza- left 10,000 grievously injured with am- unanimous consent that amendment tion, including overcapacity, cartelization, and market-access barriers. putations and serious burns, this war No. 3233, previously agreed to, be modi- has been waged in a much different fied with the changes at the desk. My Mr. DORGAN. Mr. President, I ask way. understanding is both sides have unanimous consent, while we are wait- When America was going to wage cleared this request. ing for the ranking member, to speak this war on terrorism, the President The ACTING PRESIDENT pro tem- as in morning business for 3 minutes. said: We are going to invade Iraq. And pore. Without objection, it is so or- The ACTING PRESIDENT pro tem- America, you can help: go shopping. dered. pore. Is there objection? That isn’t what they said in World The amendment (No. 3233), as modi- Without objection, it is so ordered. War II. They said: We can all pitch in fied, is as follows: DO NOT CALL LIST LEGISLATION together and get behind this effort. On page 70, between lines 10 and 11, insert Mr. DORGAN. Mr. President, last Then he said: We have to sacrifice. the following: week I introduced some legislation in We have to give tax cuts to people at SEC. 217. Notwithstanding any other provi- the Senate for which it is my hope my the wealthiest levels. sion of this title— colleagues will join in. It deals with So we end up with a debt, a debt that (1) the amount appropriated in this title the issue of the Do Not Call List that continues to grow because the Presi- under the heading ‘‘GENERAL ADMINISTRA- is housed down at the Federal Trade dent does not pay for a penny of this TION’’ is reduced by $10,000,000; Commission. (2) the amount appropriated in this title I do not think there is much more ir- war. The Senator from North Dakota is under the heading ‘‘VIOLENCE AGAINST right. It will be close to $750 billion by WOMEN PREVENTION AND PROSECUTION PRO- ritating in life than to receive calls the end of next year. We are spending GRAMS’’ under the heading ‘‘OFFICE ON VIO- from telemarketers. Almost everybody $12 to $15 billion a month on this war in LENCE AGAINST WOMEN’’ is increased by has received bundles of calls from tele- Iraq, none of it is paid for, none of it is $10,000,000; and marketers—always during mealtime. generated by taxes, and none of it is (3) of the amount appropriated in this title They always wait until the family has paid for by compensating cuts in other under the heading ‘‘VIOLENCE AGAINST been able to sit down to start a meal, spending. It is added to our debt. WOMEN PREVENTION AND PROSECUTION PRO- and then the family gets a telephone GRAMS’’ under the heading ‘‘OFFICE ON VIO- The President who proclaims himself call: Would you like to take our cable LENCE AGAINST WOMEN’’— a fiscal conservative when it comes to (A) $60,000,000 is for grants to encourage ar- service? Would you like to take our vetoing a children’s health insurance rest policies, as authorized by part U of the cell phone service? Do you need new program within the next several days Omnibus Crime Control and Safe Streets Act siding? We will have some people in will send us a massive spending bill of of 1968 (42 U.S.C. 3796hh et seq.); your neighborhood tomorrow selling $190 or $200 billion for the next year of (B) $4,000,000 is for engaging men and youth sheetrock or siding. this war. The $7 billion for health in- in prevention programs, as authorized by So on and on and on, telemarketers surance for children is paid for; the section 41305 of the Violence Against Women are unbelievably annoying. So Con- Act of 1994 (42 U.S.C. 14043d–4); and President says it is wasted Federal (C) $1,000,000 is for the National Resource gress passed a piece of legislation. It funds. But $200 billion for a war with no Center on Workplace Responses to assist vic- says: We are going to set up a list at end in sight he considers to be appro- tims of domestic violence, as authorized by the Federal Trade Commission called a priate. I don’t understand this. I under- section 41501 of the Violence Against Women Do Not Call List. You call in, put your stand we have to stand behind our men Act of 1994 (42 U.S.C. 14043f). name on that list, and it says to tele- and women in uniform. But a strong AMENDMENT NO. 3260, AS MODIFIED marketers: You may not call the America begins at home. It begins with Mr. DORGAN. Mr. President, I ask names on that list. our families and our communities and unanimous consent that at 5:15 today So the list has been very successful, our parishes and church groups and the Senate resume consideration of the except the Federal Trade Commission neighborhoods. It begins with the peace Brown amendment No. 3260, with the did one very inexplicable and dumb of mind of knowing that you have time until 5:45 p.m. equally divided and thing. I guess that is a gentle descrip- health insurance. For literally 3.8 mil- controlled between Senators BROWN tion. They said of the people who call lion children, the President’s veto and MIKULSKI or their designees; that in and put their names on a Do Not means no help to buy private health in- no amendment be in order to the Call List, the list will expire at a cer- surance so these families have a chance amendment prior to the vote; and that tain time, so you would have to call to have that peace of mind. at 5:45 the Senate proceed to vote in re- back in. I sincerely hope those who feel this is lation to the amendment; that the So we have had 149 million people an important program will contact amendment be modified with the call in. Think of this: 149 million Amer- their Members of Congress—both House changes at the desk. icans picked up their phone and called and Senate—in the next 48 hours. This The ACTING PRESIDENT pro tem- their Federal Government and said: is a critical moment in our history. We pore. Without objection, it is so or- Put my name on a Do Not Call List. I have to decide once and for all whether dered. am sick and tired of getting telephone we are going to start taking important The amendment (No. 3260), as modi- calls from telemarketers. I want my steps forward to bring the peace of fied, is as follows: name on a list. mind of health insurance to every fam- On page 97, between lines 9 and 10, and in- That is the biggest vote in American ily in America. That is a worthy Amer- sert the following: history, isn’t it? They just voted by ican goal. President Bush’s veto should None of the funds appropriated or other- picking up the phone. Mr. President, not stand in its way. I certainly hope wise made available in this Act may be used 149 million people voted to say: I do not the House of Representatives, when it in a manner that is inconsistent with the want those calls anymore. Stop it. So votes on Wednesday, will override this principal negotiating objective of the United the Federal Trade Commission put States with respect to trade remedy laws to their names on a list. Then the Federal Presidential veto. preserve the ability of the United States— I yield the floor. (1) to enforce vigorously its trade laws, in- Trade Commission said: Oh, by the I suggest the absence of a quorum. cluding antidumping, countervailing duty, way, your name goes off the list at the The ACTING PRESIDENT pro tem- and safeguard laws; end of 5 years. And by the way, next pore. The clerk will call the roll. (2) to avoid agreements that— October, on or about the first day or so

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12840 CONGRESSIONAL RECORD — SENATE October 15, 2007 of the month—or within a couple of the National Academy of Sciences to con- gram called the Children’s Health Ini- days of that time—we will have about duct a study and report on whether the im- tiative. port price data published by the Bureau of 50 million people whose names come off I don’t know what is happening in the list. Labor Statistics and other economic data collected by the United States accurately re- America now, where instead of working That makes no sense to me. If you flect the economic condition of the United to change policies, the right wing tries put your name on a list saying, ‘‘I States. to change the subject, and they do it don’t want people making annoying (c)(1) The report required by subsection (b) by attacking people rather than at- calls to my house,’’ that name ought to shall include an analysis of the methods used tacking the problem—the problem of stay on the list. You ought not have to to determine the condition of the United poverty, the problem that our children States economy and shall address— pick up the phone and recall the Fed- don’t have health care, the problem eral Trade Commission. (A) whether the statistical measure of the United States economy correctly interprets that one of my constituents, a little I do not know who made the decision boy named Deamante Driver, died in but what a dumb decision. Let’s put a the impact of imports and outsourced pro- duction; Prince George’s County because he list together. If you call and get your (B) whether the statistical measures of the didn’t have access to dental care and name on the list and say, ‘‘I don’t want United States economy result in an accurate had a severe oral bacterial infection. irritating, annoying calls from tele- report of United States gross domestic prod- My colleague Senator CARDIN has marketers,’’ your name ought to stay uct (GDP), productivity, and other aspects of taken up the cudgels on that issue, and economic performance; on the list until you decide to pull it I support him. It is our Children’s off. (C) whether the impact of imports on United States manufacturing levels and Health Initiative, and I will help to So I have put in a piece of legislation override the veto. that says if you put your name on a competitiveness is accurately reported; and (D) whether other countries are accounting list, your name is going to stay on the Let me tell my colleagues what hap- for import prices more accurately or fre- pened. I am taking up for a family list. You do not have to call in. There quently than the United States. is not going to be an automatic expul- (2) If the findings of the report indicate named Bonnie and Halsey Frost who sion. We did not provide for that in the that the methods used for accounting for im- live in Baltimore. A few weeks ago Congress. The Federal Trade Commis- ported goods and United States wages result they stood here in the Congress to say sion came up with that goofy idea. So in overstating economic growth, domestic that they benefitted from the SCHIP my legislation will say that idea is manufacturing output, and productivity program. They told the story about gone. If your name is on a list, it stays growth, the report shall include rec- how two of their children had been in a ommendations with respect to— horrific accident. on the list. You deserve to have supper (A) what actions should be taken to or dinner—or whatever you might call produce more accurate import price indices Graeme, the boy who gave the Demo- it at the end of the day—without hav- on a regular basis; and cratic radio address, spoke about what ing your phone ringing by somebody (B) what other measures of economic anal- he needed. He had a brain injury. He wanting to sell siding or a new tele- ysis should be used to accurately reflect the was treated at Johns Hopkins Hospital. phone service. globalization of economic activity and So was his little sister. Graeme was in My hope is every Member of the Sen- offshoring of domestic production. a coma for weeks. One of his vocal ate might cosponsor the legislation— (d) The report required by subsection (b) shall be completed and submitted to Con- cords was paralyzed. One of his eyes except for those Members of the Senate gress not later than 18 months after the date continues to be damaged. Gemma, his who love to get telemarketing calls. of the contract described in subsection (b). little sister, has suffered permanent in- For those who do, I expect they would Mr. DORGAN. I suggest the absence juries, which I will not go through. The not sign on, and I will probably come of a quorum. families had their business spread all and announce their names soon. But if The ACTING PRESIDENT pro tem- over the right wing blogs. I will not we can get all of those to cosponsor it, pore. The clerk will call the roll. spread it all over the Senate floor. But we can get this passed quickly and The legislative clerk proceeded to I want to take up for them, for the fact solve a problem for all American fami- call the roll. that when they stood up to talk about lies. Ms. MIKULSKI. Mr. President, I ask how they benefitted from this program, I yield the floor and suggest the ab- unanimous consent that the order for they were attacked because they sence of a quorum. weren’t seen as worthy. The Frosts The ACTING PRESIDENT pro tem- the quorum call be rescinded. The PRESIDING OFFICER (Mr. have four children: Graeme, who is 12; pore. The clerk will call the roll. Max, Graeme’s twin, who saw the acci- The legislative clerk proceeded to SANDERS). Without objection, it is so ordered. dent; Gemma, who also was in the acci- call the roll. dent; and an older brother named Zeke. Mr. DORGAN. Mr. President, I ask Ms. MIKULSKI. Mr. President, I ask unanimous consent that the order for unanimous consent to speak as in Bonnie and her children were in a car the quorum call be rescinded. morning business. crash in 2004 when the SUV she was The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. Without driving had an accident. The children pore. Without objection, it is so or- objection, it is so ordered. had these terrible problems. Who is the dered. SCHIP Frost family? Well, the Frost family is a family of six. They live in Baltimore AMENDMENT NO. 3225, AS MODIFIED Ms. MIKULSKI. Mr. President, to and they qualify under the Maryland Mr. DORGAN. Mr. President, I ask bring our colleagues up to date, we are SCHIP program, which says that if you unanimous consent that amendment working on the Commerce-Justice- have a family of this size and an in- No. 3225, previously agreed to, be modi- Science appropriations. Senator SHEL- come under $51,000 a year, you qualify. fied with the changes at the desk. BY and I are working to clear amend- The ACTING PRESIDENT pro tem- ments now. All amendments have been They qualified. What happened? pore. Without objection, it is so or- filed. We have 60 of them, but we hope Through other friends of theirs who dered. some can be cleared. For those Sen- were involved with health advocacy in The amendment (No. 3225), as modi- ators who wish to have a vote on their the State, they were invited to come fied, is as follows: amendment, I wish they would consider and tell their story to show why there On page 26, after line 24, insert the fol- offering the amendment and debating is a compelling need for the Children’s lowing: it this evening. I certainly will be will- Health Initiative. Well, they did it. SEC. 114. UNITED STATES ECONOMIC DATA. ing to stay for that. Then guess what happened. After (a) Of the funds provided in this title for Eco- While we are working on clearing young Graeme, who, along with his sis- nomic and Information Infrastructure under these amendments, I rise to stand up ter, had this terrible thing happen to the heading ‘‘ECONOMIC AND STATISTIC ANAL- for my constituents, to stand up for a them—after they then spoke up and YSIS’’, $950,000 may be used to carry out the study and report required under this section. family in Baltimore who has been Graeme gave the Democratic radio ad- (b) Not later than 60 days after the date of vilified by the rightwing bloggers be- dress, what followed was unbelievable. the enactment of this Act, the Secretary of cause they dare to say that they bene- It was a firestorm against them that Commerce shall enter into a contract with fited from and support a public pro- went across the right wing bloggers. It

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12841 was vitriolic, volcanic, ugly, nasty, was picked up by Rush Limbaugh, the Graeme, who along with his sister received shredding their names and reputations. same guy calling dissident military severe brain injuries in a 2004 car crash and You ought to talk to them about what people ‘‘microphone marines.’’ And continues to need physical therapy, is a ben- they went through. They could not be- then the smear went on with that. At eficiary of the State Children’s Health Insur- ance Program. Mr. Bush has vetoed a bipar- lieve they were in the United States of the same time this was going on, a tisan bill that would have expanded that pro- America. One of the right wingers CNN report suggested that the Demo- gram to cover millions of children who would showed up in the area where he has his crats made a tactical error because we otherwise have been uninsured. business to do on-the-spot investiga- had this family on. What followed should serve as a teaching tive reporting. I wish we were as good I don’t know what we are doing here. moment. at keeping our borders safe as we are at Again, we are attacking a family when First, some background. The Frosts and keeping the boundaries around SCHIP. we should be attacking the problems of their four children are exactly the kind of I wish we were as good at keeping an people S-chip was intended to help: working children’s health. First, I called the Americans who can’t afford private health eye on terrorists. But, no, they went Frost family. I listened to what they insurance. after the Frost family. have had to endure because they didn’t The parents have a combined income of Paul Krugman felt so outraged about have health insurance, after what hap- about $45,000, and don’t receive health insur- it that he wrote a column in the New pened to their children after this ter- ance from employers. When they looked into York Times about it. He called it ‘‘a rible accident and the recovery. Then I buying insurance on their own before the ac- teaching moment on politics and listened to what they had to endure be- cident, they found that it would cost $1,200 a health care.’’ He tells the story about cause they spoke up for the Children’s month—a prohibitive sum given their in- come. After the accident, when their chil- this and then he said what happened to Health Initiative. this family should be a teaching mo- dren needed expensive care, they couldn’t get When I listened to them, I said to insurance at any price. ment. them I think the Senate owed them an Fortunately, they received help from I will read from this and then I will apology that we now have come to this Maryland’s S-chip program. The state has ask unanimous consent that it be point. Now, I have watched good people relatively restrictive rules for eligibility: printed in the RECORD: be attacked by the right wing. The children must come from a family with an . . . The Frosts and their four children are other day, we sanctioned MoveOn.org income under 200 percent of the poverty line. exactly the kind of people SCHIP was in- because of what they did to General For families with four children that’s $55,220, tended to help: working Americans who can’t so the Frosts clearly qualified. afford private health insurance. Petraeus. I voted for that sanction. Graeme Frost, then, is exactly the kind of The parents have a combined income of What about my Frost family? Should child the program is intended to help. But about $45,000. we have a sense of the Senate on that? that didn’t stop the right from mounting an What they have is that the father is I don’t know if I am going to put this all-out smear campaign against him and his a self-employed woodworker and weld- family through more. But I will tell family. er. They bought a house in east Balti- you this: I think we have to start Soon after the radio address, right-wing changing the tone. We have to start bloggers began insisting that the Frosts more in a neighborhood that is going must be affluent because Graeme and his sis- gentry, called Butchers’ Hill. When changing the tone in our institution to ter attend private schools (they’re on schol- they bought it, it was called Butchers’ work on a bipartisan basis the way the arship), because they have a house in a Hill from years and years ago, when Senator from Alabama and I have. We neighborhood where some houses are now ex- there were slaughterhouses where they are moving forward a solid bill that pensive (the Frosts bought their house for were killing cows for beef and making promotes scientific research, keeps $55,000 in 1990 when the neighborhood was sausage for the ethnic communities. America’s space program going, but rundown and considered dangerous) and be- But it took on another name about the equally we are funding local law en- cause Mr. Frost owns a business (it was dis- forcement. solved in 1999). time they bought it. It was like a fron- You might be tempted to say that bloggers tier town—riddled with drugs and all Can we not change the tone? Do we make unfounded accusations all the time. kinds of problems—but they believed in always have to attack each other? Do But we’re not talking about some obscure Baltimore, they believed in their coun- we have to be so violent in our lan- fringe. The charge was led by Michelle try, and they were willing to be urban guage, so vicious, so vitriolic? I don’t Malkin, who according to Technorati has the pioneers, so they bought this home for think so. I think our country has to get most-trafficked right-wing blog on the Inter- a modest price. Now, we have been re- back to the basics, where you can dis- net, and in addition to blogging has a nation- claiming Baltimore. Yes, the houses agree without being disagreeable, ally syndicated column, writes for National where you focus on the policies, not on Review and is a frequent guest on Fox News. are selling at very high prices, but that The attack on Graeme’s family was also is not what they paid for it. the person, where you try to deal with quickly picked up by Rush Limbaugh, who is This man is self-employed. When he issues and you don’t attack people for so important a player in the right-wing uni- married, yes, they were from a promi- the simple reason that they have spo- verse that he has had multiple exclusive nent family. Their wedding announce- ken up and they have spoken out. interviews with Vice President Dick Cheney. ment was in the New York Times. I think we need to take a timeout in And G.O.P. politicians were eager to join Since when does that mean anything? this country. I respect free speech, I re- in the smear. The New York Times reported He has a small warehouse that provides spect the bloggers and what they have; that Republicans in Congress ‘‘were gearing a modest rental income. His wife works but when there is a deliberate attempt up to use Graeme as evidence that Demo- crats have overexpanded the health program part time at a medical publishing firm. from either the right or the left to go to include families wealthy enough to afford They don’t have health benefits. after people simply because they have private insurance’’ but had ‘‘backed off’’ as To go on with what Krugman said, he spoken up, I think it is the wrong di- the case fell apart. said that soon after the radio address, rection. I think we have been heading In fact, however, Republicans had already right wing bloggers began insisting in the wrong direction. made their first move: an e-mail message that there is something wrong with the I wanted to bring to everyone’s at- from the office of Mitch McConnell, the Sen- Frosts; that they have a house in a tention what happened to this family. I ate minority leader, sent to reporters and neighborhood they said is expensive. I ask unanimous consent that the obtained by the Web site Think Progress, re- peated the smears against the Frosts and can tell you that when they bought it, Krugman article be printed in the asked: ‘‘Could the Dems really have done it was truly Butchers’ Hill. They have RECORD and that the David that bad of a job vetting this family?’’ two children in private school, but Herszenhorn article about what hap- And the attempt to spin the media worked, they were on scholarship. Nobody both- pened be printed in the RECORD. to some extent: despite reporting that has ered to find that out. The right wing There being no objection, the mate- thoroughly debunked the smears, a CNN re- bloggers made unfounded accusations rial was ordered to be printed in the port yesterday suggested that the Democrats against them all of the time. It was led RECORD, as follows: had made ‘‘a tactical error in holding up Graeme as their poster child,’’ and closely by a woman who, according to the SLIMING GRAEME FROST echoed the language of the e-mail from Mr. technocrats, is the most trafficked (By Paul Krugman) McConnell’s office. right wing blog on the Internet. Two weeks ago, the Democratic response All in all, the Graeme Frost case is a per- This tone of vitriol and viciousness to President Bush’s weekly radio address was fect illustration of the modern right-wing has to stop. The attack on this family delivered by a 12-year-old, Graeme Frost. political machine at work, and in particular

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12842 CONGRESSIONAL RECORD — SENATE October 15, 2007 its routine reliance on character assassina- the private school on scholarship. The busi- family be able to do this?’ S-chip is a stop- tion in place of honest debate. If service ness that the critics said Mr. Frost owned gap.’’ members oppose a Republican war, they’re was dissolved in 1999. The family’s home, in Ms. MIKULSKI. Mr. President, they ‘‘phony soldiers’’; if Michael J. Fox opposes the modest Butchers Hill neighborhood of Bush policy on stem cells, he’s faking his Baltimore, was bought for $55,000 in 1990 and speak more eloquently about it than I Parkinson’s symptoms; if an injured 12-year- is now worth about $260,000, according to have been able to. I felt badly about old child makes the case for a government public records. And, for the record, the what happened to the Frost family. I health insurance program, he’s a fraud. Frosts say, their kitchen counters are con- hope we can focus on dealing with the Meanwhile, leading conservative politi- crete. Children’s Health Initiative. It is for cians far from trying to distance themselves Certainly the Frosts are not destitute. protecting all of the children. Today I from these smears, rush to embrace them. They also own a commercial property, val- stand up here for the Frost family. And some people in the news media are still ued at about $160,000, that provides rental in- willing to be used as patsies. come. Mr. Frost works intermittently in I yield the floor. Politics aside, the Graeme Frost case dem- woodworking and as a welder, while Mrs. The PRESIDING OFFICER. The Sen- onstrates the true depth of the health care Frost has a part-time administrative job at a ator from Alabama is recognized. crisis: every other advanced country has uni- firm that provides services to publishers of Mr. SHELBY. Mr. President, I want versal health insurance, but in America, in- medical journals. Her job does not provide to speak on the pending bill before the surance is now out of reach for many hard- health coverage. working families, even if they have incomes Under the Maryland child health program, Senate for a few minutes. some might call middle-class. a family of six must earn less than $55,220 a This is the second day of consider- And there’s one more point that should not year for children to qualify. The program ation of the fiscal year 2008 Commerce, be forgotten: ultimately, this isn’t about the does not require applicants to list their as- Justice, Science Appropriations bill. Frost parents. It’s about Graeme Frost and sets, which do not affect eligibility. This bill funds the Departments of his sister. In a telephone interview, the Frosts said Commerce and Justice, NASA, and the they had recently been rejected by three pri- I don’t know about you, but I think Amer- National Science Foundation. Given ican children who need medical care should vate insurance companies because of pre-ex- get it, period. Even if you think adults have isting medical conditions. ‘‘We stood up in the extremely diverse subject matters made bad choices—a baseless smear in the the first place because S-chip really helped contained within this bill’s jurisdic- case of the Frosts, but put that on one side— our family and we wanted to help other fami- tion, we must entertain a wide range of only a truly vicious political movement lies,’’ Mrs. Frost said. amendments on the Senate floor. This would respond by punishing their injured ‘‘We work hard, we’re honest, we pay our has been true in the past and is true children. taxes,’’ Mr. Frost said, adding, ‘‘There are again this year. hard-working families that really need af- Chairwoman MIKULSKI and I are cur- CAPITOL FEUD: A 12-YEAR-OLD IS THE FODDER fordable health insurance.’’ Democrats, including the House speaker, rently reviewing a substantial list of (By David M. Herszenhorn) Nancy Pelosi, have risen to the Frosts’ de- amendments and are working with var- WASHINGTON, Oct. 9.—There have been mo- fense, saying they earn about $45,000 a year ious Members and staffs to determine ments when the fight between Congressional and are precisely the type of working-poor appropriate resolutions to the list of Democrats and President Bush over the Americans that the program was intended to amendments. I ask Members to come State Children’s Health Insurance Program help. has seemed to devolve into a shouting match Ms. Pelosi on Tuesday said, ‘‘I think it’s to the floor to discuss with the chair- about who loves children more. really a sad statement about how bankrupt woman and myself your concerns so we So when Democrats enlisted 12-year-old some of these people are in their arguments can move this critical funding bill for- Graeme Frost, who along with a younger sis- against S-chip that they would attack a 12- ward. ter relied on the program for treatment of year-old boy.’’ The House and Senate ap- We hope and expect to finish this bill severe brain injuries suffered in a car crash, proved legislation that would expand the to give the response to Mr. Bush’s weekly no later than mid-day tomorrow, but child health program by $35 billion over five to accomplish this we will need every radio address earlier this month, Republican years. President Bush, who proposed a more opponents quickly accused them of exploit- modest increase, vetoed the bill last week. Senator’s help. ing the boy to score political points. Mr. Bush said the Democrats’ plan is fiscally It is Monday afternoon and we can Then, they wasted little time in going unsound; the Democrats say Mr. Bush is will- move some things tonight and get this after him to score their own. ing to spend billions on the Iraq war but not bill moved tomorrow with the help of a In recent days, Graeme and his family have on health care for American children. lot of our colleagues on both sides of been attacked by conservative bloggers and Republicans on Capitol Hill, who were the aisle. other critics of the Democrats’ plan to ex- gearing up to use Graeme as evidence that pand the insurance program, known as S- Democrats have overexpanded the health I yield the floor. chip. They scrutinized the family’s income program to include families wealthy enough The PRESIDING OFFICER. The Sen- and assets—even alleged the counters in to afford private insurance, have backed off, ator from New Mexico is recognized. their kitchen to be granite—and declared glad to let bloggers take the heat for attack- Mr. BINGAMAN. Mr. President, I that they did not seem needy enough for gov- ing a family with injured children. have an amendment that has been ernment benefits. An aide to Senator Mitch McConnell of But what on the surface appears to be yet Kentucky, the Republican leader, expressed filed. I will call it up so it can be con- another partisan feud, all the nastier be- relief that his office had not issued a press sidered at the appropriate time. I gath- cause a child is at the center of it, actually release criticizing the Frosts. er that to do that I must ask unani- cuts to the most substantive debate around But Michelle Malkin, one of the bloggers mous consent to set aside the pending S-chip. Democrats say it is crucially needed who has levied harsh criticism against the amendment, and I do so now. to help the working poor—Medicaid already Frost family, insisted that Republicans The PRESIDING OFFICER. Is there helps the impoverished—but many Repub- should hold their ground and not pull objection? licans say it now helps too many people with punches. ‘‘The bottom line here is that this the means to help themselves. family has considerable assets,’’ Ms. Malkin Without objection, it is so ordered. The feud also illustrates what can happen wrote in an e-mail message. ‘‘Maryland’s S– AMENDMENT NO. 3208 when politicians showcase real people to CHIP program does not means-test. The re- Mr. BINGAMAN. Mr. President, I call make a point, a popular but often perilous fusal to do assets tests on federal health in- technique. And in this case, the discourse surance programs is why federal entitle- up amendment No. 3208. has been anything but polite. The critics ac- ments are exploding and government keeps The PRESIDING OFFICER. The cused Graeme’s father, Halsey, a self-em- expanding. If Republicans don’t have the clerk will report. ployed woodworker, of choosing not to pro- guts to hold the line, they deserve to lose The legislative clerk read as follows: vide insurance for his family of six, even their seats.’’ though he owned his own business. They As for charges that bloggers were unfairly The Senator from New Mexico (Mr. BINGA- pointed out that Graeme attends an expen- attacking a 12-year-old, Ms. Malkin wrote on MAN), for himself, and Mr. SMITH, proposes an sive private school. And they asserted that her blog. ‘‘If you don’t want questions, don’t amendment numbered 3208. the family’s home had undergone extensive foist these children onto the public stage.’’ Mr. BINGAMAN. Mr. President, I ask remodeling, and asserted that its market But Mr. and Mrs. Frost said they were unanimous consent that reading of the value could exceed $400,000. bothered by the assertion that they lacked amendment be dispensed with. One critic, in an e-mail message to health coverage by their own choice. ‘‘That Graeme’s mother, Bonnie, warned: ‘‘Lie is not true at all,’’ Mrs. Frost said. ‘‘Basi- The PRESIDING OFFICER. Without down with dogs, and expect to get fleas.’’ As cally all these naysayers need to lay the objection, it is so ordered. it turns out, the Frosts say, Graeme attends facts out on the page, and say ‘How could a The amendment is as follows:

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12843 (Purpose: To amend the Omnibus Crime Con- The amendment is based on a bipar- The PRESIDING OFFICER. Without trol and Safe Streets Act of 1968 to clarify tisan bill I introduced along with Sen- objection, it is so ordered. that territories and Indian tribes are eligi- ator SMITH entitled the Native Amer- Ms. MIKULSKI. Mr. President, I wish ble to receive grants for confronting the ican Methamphetamine and Treatment to say to my colleague from New Mex- use of methamphetamine) Act of 2007. It would ensure that Native ico that we agree with him on the At the appropriate place, insert the fol- American communities are able to ac- amendment. Certainly there are chal- lowing: cess essential Federal funding to fight lenges facing the West. We see the SEC. ll. NATIVE AMERICAN METHAMPHET- AMINE ENFORCEMENT AND TREAT- the use of methamphetamines. scourge of meth, and that is one of the MENT ACT OF 2007. Senators DORGAN, CANTWELL, FEIN- largest areas of requests we have for (a) SHORT TITLE.—This section may be GOLD, SALAZAR, and BAUCUS are also congressionally designated projects. I cited as the ‘‘Native American Methamphet- cosponsors of this amendment. know my colleague wants them to be amine Enforcement and Treatment Act of This last March, after hearings were eligible for grants and to compete for 2007’’. held in the House Judiciary Committee them, and so we support the intent. (b) NATIVE AMERICAN PARTICIPATION IN and the Energy and Commerce Com- Right now, there is an objection from METHAMPHETAMINE GRANTS.— mittee, the House of Representatives two Senators, and we also understand (1) IN GENERAL.—Section 2996(a) of the Om- that the Senator from Arizona would nibus Crime Control and Safe Streets Act of overwhelmingly passed this legislation 1968 (42 U.S.C. 3797cc(a)) is amended— by a vote of 423 to 0. like to have further conversations with (A) in paragraph (1)— We all know that Indian country has my colleague about the possibility of a (i) in the matter preceding subparagraph been hard hit by the use of meth. Over modification. If you could have that (A), by inserting ‘‘, territories, and Indian 70 percent of Indian tribes surveyed by conversation and see if we can come tribes (as defined in section 2704)’’ after ‘‘to the Bureau of Indian Affairs identified back, we could either move to a vote or assist States’’; and meth abuse as the greatest threat to see if it could be accepted. (ii) in subparagraph (B), by striking ‘‘and their communities, and about 40 per- Mr. BINGAMAN. Mr. President, first, local’’ and inserting ‘‘, territorial, Tribal, cent of violent crime cases inves- I thank the manager of the bill, my and local’’; (B) in paragraph (2), by inserting ‘‘, terri- tigated in Indian country involve meth colleague from Maryland, and respond tories, and Indian tribes’’ after ‘‘make grants in some capacity. that, yes, I am anxious to deal with to States’’; and According to the Substance Abuse any concern any Senator has, and I (C) in paragraph (3)(C), by inserting ‘‘, and Mental Health Services, or have spoken to the Senator from Ari- Tribal,’’ after ‘‘support State’’. SAMHSA, American Indians, Alaskan zona about his concerns and have tried (2) GRANT PROGRAMS FOR DRUG ENDANGERED natives, and native Hawaiians have the to accommodate them. To date, we CHILDREN.—Section 755(a) of the USA PA- highest rate of meth abuse of any eth- have not been able to get his agree- TRIOT Improvement and Reauthorization nic group in our country. Unfortu- ment to an accommodation that has Act of 2005 (42 U.S.C. 3797cc–2(a)) is amended by inserting ‘‘, territories, and Indian tribes nately, when Congress passed the Com- been suggested. So I just want to be (as defined in section 2704 of the Omnibus bat Methamphetamine Epidemic Act, sure we have reserved the right to have Crime Control and Safe Streets Act of 1968 tribes were unintentionally left out as a vote on the amendment if we are still (42 U.S.C. 3797d))’’ after ‘‘make grants to eligible applicants under some of the not able to get agreement. States’’. newly authorized grant programs. They Ms. MIKULSKI. I think the Senator (3) GRANT PROGRAMS TO ADDRESS METH- were left out of the Department of Jus- has our word that he will have—Mr. AMPHETAMINE USE BY PREGNANT AND PAR- tice Hot Spots Program, which helps President, what is the parliamentary ENTING WOMEN OFFENDERS.—Section 756 of local law enforcement agencies obtain mechanism to reserving the right to a the USA PATRIOT Improvement and Reau- vote? thorization Act of 2005 (42 U.S.C. 3797cc–3) is the tools they need to reduce the pro- amended— duction, distribution, and use of meth The PRESIDING OFFICER. There is (A) in subsection (a)(2), by inserting ‘‘, ter- and to clean up meth labs, support no particular order. ritorial, or Tribal’’ after ‘‘State’’; health and environmental agencies, Ms. MIKULSKI. I would say to the (B) in subsection (b)— and purchase equipment and support Senator from New Mexico that he has (i) in paragraph (1)— systems. The Combat Meth Act author- our word that if he can work it out, we (I) by inserting ‘‘, territorial, or Tribal’’ ized $99 million in new funding under will see whether we can take it, and if after ‘‘State’’; and this program. not, we will have the vote. (II) by striking ‘‘and/or’’ and inserting Tribes were also left out of the Drug Mr. BINGAMAN. Mr. President, I ‘‘or’’; very much appreciate that assurance. (ii) in paragraph (2)— Endangered Children Grant Program, (I) by inserting ‘‘, territory, Indian tribe,’’ which helps children who live in a As I say, I hope very much we can get after ‘‘agency of the State’’; and home in which meth has been used or language that is acceptable to the Sen- (II) by inserting ‘‘, territory, Indian tribe,’’ manufactured or sold. Under this pro- ator from Arizona. If not, I think we after ‘‘criminal laws of that State’’; and gram, law enforcement agencies and can allow the Senate to work its will, (iii) by adding at the end the following: prosecutors, child protective services, and hopefully the amendment will ‘‘(C) INDIAN TRIBE.—The term ‘Indian tribe’ social services, and health care serv- pass. has the meaning given the term in section ices work together to ensure that these Ms. MIKULSKI. I would further like 2704 of the Omnibus Crime Control and Safe to say to the Senator from New Mex- Streets Act of 1968 (42 U.S.C. 3797d).’’; and children get the help they need. The (C) in subsection (c)— act authorized $20 million for this pro- ico, in keeping with what my colleague (i) in paragraph (3), by striking ‘‘Indian gram. from Alabama said, we would like to Tribes’’ and inserting ‘‘Indian tribes’’; and I can see absolutely no reason Na- finish this bill before the caucuses to- (ii) in paragraph (4)— tive-American communities that are morrow. So I will discuss this with the (I) in the matter preceding subparagraph struggling to contain the meth epi- Senator from Alabama, but it would be (A)— demic should be denied the resources our intention to see how much we can (aa) by striking ‘‘State’s’’; and necessary to address the problem, and get cleared and then have some stacked (bb) by striking ‘‘and/or’’ and inserting votes tomorrow morning. So if the Sen- ‘‘or’’; to this end I hope my colleagues will (II) in subparagraph (A), by striking agree with me and support this impor- ator from New Mexico could let us ‘‘State’’; tant amendment when the time comes know by tomorrow morning—say, (III) in subparagraph (C), by inserting ‘‘, for its important consideration. 9:30—whether he has been able to reach Indian tribes,’’ after ‘‘involved counties’’; Mr. President, I yield the floor, and I an accommodation—or this evening— and suggest the absence of a quorum. we will be here and would welcome (IV) in subparagraph (D), by inserting ‘‘, The PRESIDING OFFICER. The that. Tribal’’ after ‘‘Federal, State’’. clerk will call the roll. Mr. BINGAMAN. Mr. President, I ap- Mr. BINGAMAN. Mr. President, this The assistant legislative clerk pro- preciate that, and I am glad to advise amendment would ensure that commu- ceeded to call the roll. the Senator if we reach an accommoda- nities throughout Indian country have Ms. MIKULSKI. Mr. President, I ask tion. I think, for purposes of ensuring a the resources they need to fight the unanimous consent that the order for vote, if there is a group of stacked meth epidemic. the quorum call be rescinded. votes scheduled for tomorrow, if this

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12844 CONGRESSIONAL RECORD — SENATE October 15, 2007 can be included in that list, and then, matics related to the civilian space program Ms. MIKULSKI. I move to lay that of course, if agreement is reached prior of the United States’’. motion on the table. to the time of the vote, we could delete Ms. MIKULSKI. This amendment has The motion to lay on the table was it. been cleared on both sides of the aisle. agreed to. Ms. MIKULSKI. The Senator has our I ask for its immediate adoption. AMENDMENT NO. 3275 word on that. The PRESIDING OFFICER. The Ms. MIKULSKI. Mr. President, I call Mr. BINGAMAN. I thank my col- question is on agreeing to the amend- up amendment No. 3275 by Senator league, and I suggest the absence of a ment. LEVIN of Michigan and ask for its im- quorum, Mr. President. The amendment (No. 3309), as modi- mediate consideration. The PRESIDING OFFICER. The fied, was agreed to. The PRESIDING OFFICER. The clerk will call the roll. Mr. SHELBY. Mr. President, I move clerk will report the amendment. The assistant legislative clerk pro- to reconsider the vote. The assistant legislative clerk read ceeded to call the roll. Ms. MIKULSKI. I move to lay that as follows: Ms. MIKULSKI. Mr. President, I ask motion on the table. The Senator from Maryland [Ms. MIKUL- unanimous consent the order for the The motion to lay on the table was SKI], for Mr. LEVIN, proposes an amendment quorum call be rescinded. agreed to. numbered 3275. The PRESIDING OFFICER. Without AMENDMENT NO. 3251 Ms. MIKULSKI. I ask unanimous objection, it is so ordered. Ms. MIKULSKI. Mr. President, I call consent the reading of the amendment Ms. MIKULSKI. Mr. President, we up amendment No. 3251 offered by Sen- be dispensed with. are working very well, here again on a ator LAUTENBERG of New Jersey and The PRESIDING OFFICER. Without bipartisan basis. I thank Senator SHEL- ask for its immediate consideration. objection, it is so ordered. BY and his staff for the way we are The PRESIDING OFFICER. The The amendment is as follows: working. We have been able to look at clerk will report the amendment. (Purpose: To require the FBI to submit an a variety of amendments colleagues The assistant legislative clerk read annual report to Congress regarding the have offered, and we are ready to ac- as follows: length of time taken by the FBI to conduct background checks) cept them. The Senator from Maryland [Ms. MIKUL- At the appropriate place, insert the fol- Mr. President, I ask unanimous con- SKI], for Mr. LAUTENBERG, proposes an lowing: sent the pending amendment be laid amendment numbered 3251. SEC. ll. ANNUAL REPORT ON DELAYED BACK- aside. Ms. MIKULSKI. I ask unanimous GROUND CHECKS. The PRESIDING OFFICER. Without consent the reading of the amendment (a) IN GENERAL.—Not later than 60 days objection, it is so ordered. be dispensed with. after the end of each fiscal year, the Director AMENDMENT NO. 3309 The PRESIDING OFFICER. Without of the Federal Bureau of Investigation shall Ms. MIKULSKI. I now call up amend- objection, it is so ordered. submit a report to the congressional com- The amendment is as follows: mittees listed in subsection (b) that con- ment No. 3309 offered by myself and tains, with respect to the most recently com- ask for its immediate consideration. (Purpose: To provide funds for the National pleted fiscal year— The PRESIDING OFFICER. The Research Council study on acidification of (1) a statistical analysis of the number of clerk will report the amendment. the oceans as authorized by the Magnuson- background checks processed and pending, The assistant legislative clerk read Stevens Fishery Conservation and Manage- including check requests in process at the as follows: ment Reauthorization Act of 2006) time of the report and check requests that On page 16, line 11, strike the period at the have been received but are not yet in proc- The Senator from Maryland [Ms. MIKUL- end and insert ‘‘: Provided further, That of ess; SKI] proposes an amendment numbered 3309. the funds available for the Ocean Research (2) the average time taken to complete Ms. MIKULSKI. I ask unanimous Priorities Plan Implementation, such sums each type of background check; consent the reading of the amendment as may be necessary shall be set aside to ini- (3) a description of the efforts and be dispensed with. tiate the study to be completed within 2 progress made by the Director in addressing The PRESIDING OFFICER. Without years on acidification of the oceans and how any delays in completing such background objection, it is so ordered. this process affects the United States as au- checks; and The amendment is as follows: thorized by section 701 of the Magnuson-Ste- (4) a description of the progress that has vens Fishery Conservation and Management been made in automating files used in the (Purpose: To provide that certain funds be Reauthorization Act of 2006 (Public Law 109– name check process, including investigative available for the development of edu- 479; 120 Stat. 3649).’’. files of the Federal Bureau of Investigation. cational activities in science, technology, Ms. MIKULSKI. I ask the amendment (b) RECIPIENTS.—The congressional com- engineering, and mathematics related to mittees listed in this subsection are— the civilian space program) be modified with the modification at (1) the Committee on the Judiciary of On page 72, line 14, before the period insert the desk. the Senate; the following: ‘‘: Provided further, That of the The PRESIDING OFFICER. Without (2) the Committee on Homeland Security amounts appropriated or otherwise made objection, it is so ordered. and Governmental Affairs of the Senate; available under this heading for cross-agency The amendment (No. 3251), as modi- (3) the Committee on the Judiciary of support programs, $10,000,000 shall be made fied, is as follows: the House of Representatives; and available, and distributed in equal incre- On page 16, line 11, strike the period at the (4) the Committee on Homeland Security ments, to each of NASA’s 10 centers for the end and insert ‘‘: Provided further, That of of the House of Representatives. development of educational activities in the funds available for the Ocean Research Ms. MIKULSKI. This amendment has science, technology, engineering, and mathe- Priorities Plan Implementation, such sums been cleared on both sides of the aisle. matics related to the civilian space program as may be necessary may be set aside to ini- of the United States’’. I ask for its immediate adoption. tiate the study to be completed within 2 The PRESIDING OFFICER. The Ms. MIKULSKI. I ask unanimous years, on acidification of the oceans and how this process affects the United States as au- question is on agreeing to the amend- consent the amendment be modified ment. with the modification at the desk. thorized by section 701 of the Magnuson-Ste- vens Fishery Conservation and Management The amendment (No. 3275) was agreed The PRESIDING OFFICER. Without Reauthorization Act of 2006 (Public Law 109– to. objection, it is so ordered. 479; 120 Stat. 3649).’’. Mr. SHELBY. Mr. President, I move The amendment (No. 3309), as modi- Ms. MIKULSKI. This amendment has to reconsider the vote. fied, is as follows: been cleared on both side of the aisle. I Ms. MIKULSKI. I move to lay that On page 72, line 14, before the period insert ask for its immediate adoption. motion on the table. the following: ‘‘: Provided further, That of the The PRESIDING OFFICER. The The motion to lay on the table was amounts appropriated or otherwise made question is on agreeing to the amend- agreed to. available under this heading for cross-agency ment. AMENDMENT NO. 3247 support programs, $10,000,000 may be made available, and distributed in equal incre- The amendment, (No. 3251), as modi- Ms. MIKULSKI. Mr. President, I call ments, to each of NASA’s 10 centers for the fied, was agreed to. up amendment No. 3247 by Senator development of educational activities in Mr. SHELBY. Mr. President, I move MCCASKILL of Missouri and ask for its science, technology, engineering, and mathe- to reconsider the vote. immediate consideration.

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12845 The PRESIDING OFFICER. The that, to the best of its knowledge and belief, Higher Education Act of 1965 (20 U.S.C. clerk will report the amendment. the contractor or grantee has filed all Fed- 1059d(b)(2)); or The assistant legislative clerk read eral tax returns required during the three (E) a Native Hawaiian-serving institution as follows: years preceding the certification, has not as that term is defined in section 317(b)(4) of been convicted of a criminal offense under the Higher Education Act of 1965 (20 U.S.C. The Senator from Maryland [Ms. MIKUL- the Internal Revenue Code of 1986, and has 1059d(b)(4)). SKI], FOR MRS. MCCASKILL, proposes an not, more than 90 days prior to certification, (3) HISTORICALLY BLACK COLLEGE OR UNI- amendment numbered 3247. been notified of any unpaid Federal tax as- VERSITY.—The term ‘‘historically Black col- Ms. MIKULSKI. I ask unanimous sessment for which the liability remains lege or university’’ means a part B institu- consent the reading of the amendment unsatisfied, unless the assessment is the sub- tion as that term is defined in section 322(2) be dispensed with. ject of an installment agreement or offer in of the Higher Education Act of 1965 (20 U.S.C. The PRESIDING OFFICER. Without compromise that has been approved by the 1061(2)). Internal Revenue Service and is not in de- (d) MINORITY ONLINE DEGREE PILOT PRO- objection, it is so ordered. fault, or the assessment is the subject of a The amendment is as follows: non-frivolous administrative or judicial pro- GRAM.— (Purpose: To require the Departments, agen- ceeding. (1) PILOT PROGRAM ESTABLISHED.— cies, and commissions to establish and (A) IN GENERAL.—There is established with- Ms. MIKULSKI. Mr. President, this in the National Telecommunications and In- maintain on their website homepages a di- amendment has been cleared on both rect link to the websites of their Inspec- formation Administration a pilot program tors General, and for other purposes) sides of the aisle. I ask for its imme- under which the Administrator shall award 9 diate adoption. grants to eligible educational institutions to At the appropriate place, insert the fol- enable the eligible educational institutions lowing: The PRESIDING OFFICER. The to develop digital and wireless networks for SEC. lll. Not later than 30 days after the question is on agreeing to the amend- online educational programs of study within date of enactment of this Act, the Depart- ment. the eligible educational institutions. The ments, agencies, and commissions funded The amendment (No. 3234) was agreed Administrator shall award not less than 1 under this Act, shall establish and maintain to. grant to each type of eligible educational in- on the homepages of their Internet Mr. SHELBY. Mr. President, I move stitution, enumerated under subsection websites— to reconsider the vote. (c)(2). (1) a direct link to the Internet websites of Ms. MIKULSKI. I move to lay that (B) GRANT NUMBER AND AMOUNT.— their Offices of Inspectors General; and motion on the table. (2) a mechanism on the Offices of Inspec- (i) NUMBER.—The Administrator shall tors General website by which individuals The motion to lay on the table was award a total of 9 grants under this sub- may anonymously report cases of waste, agreed to. section. fraud, or abuse with respect to those Depart- AMENDMENT NO. 3263 (ii) GRANT PAYMENT AMOUNTS.—The Admin- ments, agencies, and commissions. Ms. MIKULSKI. Mr. President, I call istrator shall make grant payments under this subsection in the amount of $500,000. Ms. MIKULSKI. I ask that I be added up amendment No. 3263 by Senator (2) PRIORITY.— as a cosponsor of the amendment. PRYOR of Arkansas and ask for its im- (A) IN GENERAL.—In awarding grants under The PRESIDING OFFICER. Without mediate consideration. this subsection the Administrator shall give objection, it is so ordered. The PRESIDING OFFICER. The priority to an eligible educational institu- Ms. MIKULSKI. This amendment has clerk will report the amendment. tion that, according to the most recent data been cleared on both sides of the aisle, The assistant legislative clerk read available (including data available from the and I ask for its immediate adoption. as follows: Bureau of the Census), serves a county, or other appropriate political subdivision where The PRESIDING OFFICER. The The Senator from Maryland [Ms. MIKUL- no counties exist— SKI], for Mr. PRYOR, proposes an amendment question is on agreeing to the amend- (i) in which 50 percent of the residents of numbered 3263. ment. the county, or other appropriate political The amendment (No. 3247) was agreed The amendment follows: subdivision where no counties exist, are to. (Purpose: To establish a pilot program for members of a racial or ethnic minority; Mr. SHELBY. Mr. President, I move digital and wireless networks to advance (ii) in which less than 18 percent of the to reconsider the vote. online higher education opportunities for residents of the county, or other appropriate Ms. MIKULSKI. I move to lay that minority students) political subdivision where no counties exist, motion on the table. At the appropriate place, insert the fol- have obtained a baccalaureate degree or a The motion to lay on the table was lowing: higher education; (iii) that has an unemployment rate of 7 agreed to. SEC. lll. DIGITAL AND WIRELESS NETWORKS FOR HIGHER EDUCATION PILOT percent or greater; AMENDMENT NO. 3234 PROGRAM. (iv) in which 20 percent or more of the resi- Ms. MIKULSKI. Mr. President, I call (a) SHORT TITLE.—This section may be dents of the county, or other appropriate po- up amendment No. 3234 by Senator cited as the ‘‘ED 1.0 Act’’. litical subdivision where no counties exist, OBAMA of Illinois and ask for its imme- (b) APPROPRIATIONS.—Notwithstanding any live in poverty; diate consideration. other provision of this Act, from the amount (v) that has a negative population growth The PRESIDING OFFICER. The appropriated under title I under the heading rate; or ‘‘Technology Opportunities Program’’, (vi) that has a family income of not more clerk will report the amendment. $4,500,000 may be available for the pilot pro- than $32,000. The assistant legislative clerk read gram under this section, to remain available (B) HIGHEST PRIORITY.—In awarding grants as follows: until expended. under this subsection the Administrator The Senator from Maryland [Ms. MIKUL- (c) DEFINITIONS.—In this section: shall give the highest priority to an eligible SKI], for Mr. OBAMA, for himself and Mr. DUR- (1) ADMINISTRATOR.—The term ‘‘Adminis- educational institution that meets the great- BIN, proposes an amendment numbered 3234. trator’’ means the Administrator of the Na- est number of requirements described in The amendment follows: tional Telecommunications and Information clauses (i) through (vi) of subparagraph (A). Administration. (3) USE OF FUNDS.—An eligible educational (Purpose: To provide that none of the funds (2) ELIGIBLE EDUCATIONAL INSTITUTION.— institution receiving a grant under this sub- appropriated or otherwise made available The term ‘‘eligible educational institution’’ section may use the grant funds— by this Act may be used to enter into a means an institution that is— (A) to acquire equipment, instrumentation, contract in an amount greater than (A) a historically Black college or univer- networking capability, hardware, software, $5,000,000 or to award a grant in excess of sity; digital network technology, wireless tech- such amount unless the prospective con- (B) a Hispanic-serving institution as that nology, or wireless infrastructure; tractor or grantee makes certain certifi- term is defined in section 502(a)(5) of the (B) to develop and provide educational cations regarding Federal tax liability) Higher Education Act of 1965 (20 U.S.C. services, including faculty development; or At the end of title V, add the following: 1101a(a)(5)); (C) to develop strategic plans for informa- SEC. 528. None of the funds appropriated or (C) a tribally controlled college or univer- tion technology investments. otherwise made available by this Act may be sity as that term is defined in section 2(a)(4) (4) MATCHING NOT REQUIRED.—The Adminis- used to enter into a contract in an amount of the Tribally Controlled College or Univer- trator shall not require an eligible edu- greater than $5,000,000 or to award a grant in sity Assistance Act of 1978 (25 U.S.C. cational institution to provide matching excess of such amount unless the prospective 1801(a)(4)); funds for a grant awarded under this sub- contractor or grantee certifies in writing to (D) an Alaska Native-serving institution as section. the agency awarding the contract or grant that term is defined in section 317(b)(2) of the (5) CONSULTATIONS; REPORT.—

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12846 CONGRESSIONAL RECORD — SENATE October 15, 2007 (A) CONSULTATIONS.—The Administrator The amendment follows: performance measurement baseline validated shall consult with the Committee on Appro- (Purpose: For the review of IT and 2010 Cen- by the integrated baseline review referred to priations and the Committee on Commerce, sus related activities at the Bureau of the in SEC. 215 of this Act: Provided, That this re- Science, and Transportation of the Senate Census) striction does not apply to planning and de- sign activities for future phases or incre- and the Committee on Appropriations and On page 18 line 13 strike the ‘‘.’’ and insert the Committee on Energy and Commerce of ments: Provided further, That the Bureau will the following: notify the Committees of any significant the House of Representatives, on a quarterly ‘‘: Provided, That of the amounts provided changes to the baseline.’’ basis regarding the pilot program assisted to the Secretary within this account, under this subsection. $10,000,000 shall not become available for ob- Ms. MIKULSKI. This amendment has (B) REPORT.—Not later than 1 year after ligation until the Secretary certifies to the been cleared on both sides of the aisle. the date of enactment of this section, the Committees on Appropriations that the Bu- I ask for its immediate adoption. Administrator shall submit to the commit- reau of the Census has followed, and met all The PRESIDING OFFICER. The tees described in subparagraph (A) a report best practices, and all Office of Management question is on agreeing to the amend- evaluating the progress of the pilot program and Budget guidelines related to information ment. assisted under this subsection. technology projects: Provided further, That The amendment (No. 3273) was agreed (6) LIMITATION ON USE OF OTHER FUNDS.— the Secretary, within 120 days of enactment to. The Administrator shall carry out this sub- of this Act, shall provide a report to the Mr. SHELBY. I move to reconsider section only with amounts appropriated in Committees on Appropriations that audits the vote. advance specifically to carry out this sub- and evaluates all decision documents and ex- Ms. MIKULSKI. I move to lay that section. penditures by the Bureau of the Census as motion on the table. Ms. MIKULSKI. This amendment has they relate to the 2010 Census: Provided fur- The motion to lay on the table was been cleared on both sides of the aisle. ther, That the Secretary, within 120 days of agreed to. the enactment of this Act, shall provide a re- I ask for its immediate adoption. AMENDMENT NO. 3288 The PRESIDING OFFICER. The port to Congress that is publicly available on Ms. MIKULSKI. Mr. President, I call question is on agreeing to the amend- the Bureau’s website on the steps that the Census Bureau will take to allow citizens the up amendment No. 3288 by Senator ment. SHELBY and ask for its immediate con- The amendment (No. 3263) was agreed opportunity to complete the decennial cen- sus and the American Community Survey sideration. to. over the Internet.’’ The PRESIDING OFFICER. The Mr. SHELBY. Mr. President, I move Ms. MIKULSKI. This amendment has clerk will report the amendment. to reconsider the vote. The assistant legislative clerk read been cleared on both sides of the aisle. Ms. MIKULSKI. I move to lay that as follows: motion on the table. I ask for its immediate adoption. The PRESIDING OFFICER. The The Senator from Maryland [Ms. MIKUL- The motion to lay on the table was SKI], for Mr. SHELBY, proposes an amendment agreed to. question is on agreeing to the amend- numbered 3288. AMENDMENT NO. 3271 ment. The amendment follows: Ms. MIKULSKI. Mr. President, I call The amendment (No. 3272) was agreed (Purpose: To provide transparency and ac- up amendment No. 3271 by Senator to. countability in funding for conferences and SHELBY of Alabama and ask for its im- Mr. SHELBY. Mr. President, I move meetings of the National Aeronautics and mediate consideration. to reconsider the vote. Space Administration) The PRESIDING OFFICER. The Ms. MIKULSKI. I move to lay that After the period on page 97 line 9, insert clerk will report the amendment. motion on the table. the following: The assistant legislative clerk read The motion to lay on the table was SEC. xx. (a) The Administrator of the Na- as follows: agreed to. tional Aeronautics and Space Administra- tion shall submit quarterly reports to the In- The Senator from Maryland [Ms. MIKUL- AMENDMENT NO. 3273 spector General of the National Aeronautics SKI], for Mr. SHELBY, proposes an amendment Ms. MIKULSKI. Mr. President, I now and Space Administration regarding the numbered 3271. call up amendment No. 3273 by Senator costs and contracting procedures relating to The amendment follows: SHELBY and ask for its immediate con- each conference or meeting, held by the Na- On page 30 line 4 strike the ‘‘.’’ and insert sideration. tional Aeronautics and Space Administra- ‘‘: Provided, That within 200 days of enact- The PRESIDING OFFICER. The tion during fiscal year 2008, and each year ment of this act, the Inspector General shall clerk will report the amendment. thereafter, for which the cost to the Govern- conduct an audit and issue a report to the The assistant legislative clerk read ment was more than $20,000. (b) Each report submitted under subsection Committees on Appropriations of all ex- as follows: penses of the legislative and public affairs of- (a) shall include, for each conference de- fices at each location of the Justice Depart- The Senator from Maryland [Ms. MIKUL- scribed in that subsection held during the ment, its bureaus and agencies, including SKI], for Mr. SHELBY, proposes an amendment applicable quarter— but not limited to every field office and numbered 3273. (1) a description of the number of and pur- headquarters component; the audit shall in- The amendment follows: pose of participants attending that con- clude any and all expenses related to these ference or meeting; On page 69 line 13 after the second ‘‘.’’ (2) a detailed statement of the costs to the activities.’’ strike all through page 70 line 10 and insert: Government relating to that conference or Ms. MIKULSKI. This amendment has ‘‘Of the funds appropriated in this Act for meeting, including— been cleared on both sides of the aisle. the Federal Bureau of Investigation’s Sen- (A) the cost of any food or beverages; I ask for its immediate adoption. tinel program, $25,000,000 shall not be avail- (B) the cost of any audio-visual services; able for obligation until 60 days after the (C) the cost of all related travel; and The PRESIDING OFFICER. The (D) a discussion of the methodology used question is on agreeing to the amend- Committees on Appropriations receive from the Federal Bureau of Investigation a report to determine which costs relate to that con- ment. on the results of a completed integrated ference or meeting; and The amendment (No. 3271) was agreed (3) a description of the contracting proce- baseline review for that program: Provided, dures relating to that conference or meeting, to. That the report shall be submitted simulta- Mr. SHELBY. Mr. President, I move including— neously to the Government Accountability (A) whether contracts were awarded on a to reconsider the vote. Office: Provided further, That the Govern- competitive basis; and Ms. MIKULSKI. I move to lay that ment Accountability Office shall review the (B) a discussion of any cost comparison motion on the table. Bureau’s performance measurement baseline conducted by the National Aeronautics and The motion to lay on the table was for the Sentinel program and shall submit Space Administration in evaluating poten- agreed to. its findings to the Committee on Appropria- tial contractors for any conference or meet- AMENDMENT NO. 3272 tions of the Senate and House of Representa- ing. Ms. MIKULSKI. Mr. President, I call tives within 60 days of its receipt of the re- Ms. MIKULSKI. This amendment up another amendment by Senator port. also has been cleared on both sides of SEC. 216. None of the funds appropriated in the aisle. I ask for its immediate adop- SHELBY, No. 3272, and ask for its imme- this or any other Act shall be obligated for diate consideration. the initiation of a future phase or increment tion. The PRESIDING OFFICER. The of the Federal Bureau of Investigation’s Sen- The PRESIDING OFFICER. The clerk will report the amendment. tinel program until the Attorney General question is on agreeing to the amend- The assistant legislative clerk read certifies to the Committees on Appropria- ment. as follows: tions that existing phases or increments cur- The amendment (No. 3288) was agreed The Senator from Maryland [Ms. MIKUL- rently under contract for development or to. SKI], for Mr. SHELBY, proposes an amendment fielding have completed 70 percent of the Mr. SHELBY. Mr. President, I move numbered 3272. work for that phase or increment under the to reconsider the vote.

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12847 Ms. MIKULSKI. I move to lay that we continue to move toward a vote We should therefore take notice when motion on the table. that we will be having at 5:45 on the sheriffs and police officers tell us they The motion to lay on the table was Brown amendment dealing with inter- do not have the resources they need to agreed to. national trade, we hope if colleagues do combat the scourge of meth that is AMENDMENT NO. 3318 have amendments on which they wish devastating so many communities Ms. MIKULSKI. Mr. President, I call to have a vote they will please come across our Nation. up amendment No. 3318 by Senator now and offer the amendment and let’s Meth is tearing families apart and fi- COBURN of Oklahoma and ask for its have a debate on it. We would like very nancing an underground economy in immediate consideration. much to debate as many amendments abandoned farm buildings, fire traps, The PRESIDING OFFICER. The as we could to have stacked votes to- and houses that are shrouded with plas- clerk will report the amendment. morrow, and even to come to final pas- tic. When police go to raid a lab, they The assistant legislative clerk read sage before the 12:30 caucus. never know what they are going to as follows: Colleagues out there on both sides of find; whether it is going to be a drug the aisle, Senator SHELBY and I are armed to the teeth, whether it is going The Senator from Maryland [Ms. MIKUL- SKI], for Mr. COBURN, proposes an amendment here. We are open for business. We are to be chemicals that are ready to burn numbered 3318. ready to hear your ideas and ready to and to explode or drug users who are in The amendment follows: debate them and follow through on our desperate need of medical attention. regular process. Either that, or if you In my State, on a raid on a meth lab (Purpose: To provide additional transparency in Aurora, CO, this past summer, police and accountability in funding for con- do not wish to offer it, come see us and ferences and meetings of the National Aer- withdraw it and perhaps offer it at an- found a 2-year-old boy lying in the onautics and Space Administration) other time. basement next to a highly toxic cock- At the appropriate place, insert the fol- Mr. President, I suggest the absence tail of chemicals. The police rescued lowing: of a quorum. him. But what his parents were doing SECTION ll. LIMITATION AND REPORTS ON The PRESIDING OFFICER. The or thinking one can only imagine. Sto- TRAVEL EXPENSES TO CON- clerk will call the roll. ries such as this story have been too FERENCES The assistant legislative clerk pro- common across our country. (a) In this section, the term conference ceeded to call the roll. We should also take notice when peo- means a meeting that— Mr. SALAZAR. Madam President, I ple such as the U.S. attorney in Colo- (1) is held for consultation, education, ask unanimous consent that the order rado, Troy Eid, tell us we do not have awareness, or discussion; for the quorum call be rescinded. (2) includes participants who are not all enough Federal law enforcement offi- employees of the same agency; The PRESIDING OFFICER (Ms. cers to serve Native American commu- (3) is not held entirely at an agency facil- STABENOW). Without objection, it is so nities in southwestern Colorado. Last ity; ordered. year, we had a total of five Bureau of (4) involves costs associated with travel Mr. SALAZAR. Madam President, I Indian Affairs officers policing 600,000 and lodging for some participants; and rise this afternoon to raise my voice in acres in one corner of my State. This is (5) is sponsored by 1 or more agencies, 1 or strong support of H.R. 3093, the Com- astonishing—five Bureau of Indian Af- more organizations that are not agencies, or merce, Justice, Science Appropriations fairs officers policing 600,000 acres. a combination of such agencies or organiza- Act of 2007. I wish to thank and con- Criminals, in fact, were calling in tions. gratulate Chairwoman MIKULSKI and (b) The Administrator of NASA shall, not false crime reports on one side of the later than September 30, 2008, submit to the Ranking Member SHELBY, Chairman reservation, drawing police away from appropriate committees of Congress and post BYRD and Ranking Member COCHRAN their target they were aiming to hit on on the public Internet website of the agency for their strong leadership on this bill. the other side of the reservation. in a searchable, electronic format, a report As a former attorney general for Col- With this shortage of law enforce- on each conference for which the agency paid orado, I am particularly proud of the ment, the murder rate on the Ute travel expenses during Fiscal Year 2008 that investment that this bill will make in Mountain Ute and Southern Ute res- includes— the local, State, and Federal law en- ervations in Southwestern Colorado (1) the itemized expenses paid by the agen- forcement agencies across our country, cy, including travel expenses and any agency has climbed to almost 20 percent of the expenditure to otherwise support the con- the more than 800,000 officers who pa- national average. We need to take no- ference; trol America’s streets and put their tice when people such as recently re- (2) the primary sponsor of the conference; lives on the line every day to help tired Sheriff Liggett, of Mineral Coun- (3) the location of the conference; make our communities safe and secure. ty, CO, tell us our communications (4) in the case of a conference for which the They are truly the frontlines of Amer- equipment in rural communities is agency was the primary sponsor, a state- ica’s homeland security. woefully inadequate. ment that— In my 6 years as attorney general of I have known Sheriff Liggett for (A) justifies the location selected; Colorado, and in the last 21⁄2 years as a many years. On snowy nights, Sheriff (B) demonstrates the cost efficiency of the location; Senator, I have traveled thousands of Liggett would call ahead and make (C) the date of the conference; miles through my State to visit with sure that I and other travelers made it (D) a brief explanation how the conference county sheriffs, police chiefs, and law safely over Slumgullion Pass or Wolf advanced the mission of the agency; and enforcement officers working in our Creek Pass on our way to our destina- (E) the total number of individuals who small towns, rural counties, and big tions. travel or attendance at the conference was cities. They are public servants That is the way things are done in paid for in part or full by the agency. through and through. They know that rural Colorado. Sheriff Liggett knows Ms. MIKULSKI. This amendment has security is the foundation of a free so- very well the boundaries of his depart- been cleared on both sides of the aisle. ciety. They know that to enjoy our lib- ment’s communications coverage and I ask for its immediate adoption. erties and a prosperous economy, the risks that the limitations of that The PRESIDING OFFICER. The Americans must live in a society gov- coverage pose to residents and trav- question is on agreeing to the amend- erned by the rule of law, free from the elers. ment. threat of violence and secure in their The Mineral County Sheriff’s Depart- The amendment (No. 3318) was agreed place of residence. ment, similar to so many rural sheriffs’ to. It is the voices of these men and departments, need broader communica- Mr. SHELBY. Mr. President, I move women in uniform across our country, tions coverage and a better ability to to reconsider the vote. America’s peace officers, that should talk across agencies and jurisdictions Ms. MIKULSKI. I move to lay that help guide our law enforcement efforts in case an emergency arises. motion on the table. in this country. They should help us In late 1990, we made some progress The motion to lay on the table was make sure we are prepared to meet the in helping bring safety and security to agreed to. emergency we will confront and that American’s communities. The Federal Ms. MIKULSKI. Mr. President, we will help us address the domestic secu- Government, seeing the homicide rate have now cleared 28 amendments. As rity priorities we face in the Nation. on the rise, responded to the public’s

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12848 CONGRESSIONAL RECORD — SENATE October 15, 2007 call for a crackdown on crime by mak- ships with the people they serve and here in the homeland. I hope that as ing smarter investment in law enforce- they protect. this bill makes it through the Congres- ment and crime prevention. These in- By earning the trust of the members sional process and to the President’s vestments paid off, with violent crime of their communities and making these desk, President Bush will decide he is in the United States dropping by near- individuals stakeholders in their own going to stand up for the Nation’s law ly 40 percent from the record highs of safety, community policing makes law enforcement and for the security here the early 1990s. enforcement safer and more efficient. in the homeland and will, in fact, sign Unfortunately, these investments Some of the COPS Program funds that this bill. have lagged in recent years, and the are set forth in this bill will go directly I end where I began. This is a very administration has tried to cut key to the drug task forces that have been good bipartisan product that Senator programs at the very moment, at the operational and effective in my State MIKULSKI and Ranking Member SHELBY very moment that our law enforcement of Colorado. They include: The San have put together for the consideration officers are facing a set of growing Luis Valley Drug Task Force, my na- of this Chamber. I am proud to be a challenges from homeland security and tive valley; they include the 22nd Judi- supporter of this bill. I urge my col- emergency preparedness to combating cial District Drug Task Force, the leagues to support it. meth, to all of the other issues that the North Metro Task Force, the Delta/ Ms. MIKULSKI. Will the Senator 800,000 men and women who keep the Montrose Drug Task Force, the Eagle from Colorado yield for a question? security in our country face every day. County Drug Task Force, the Greater Mr. SALAZAR. I will. Ms. MIKULSKI. I thank the Senator I know this administration has been Routt and Moffatt Narcotics Enforce- for his comments about our bill that focused on Iraq and that this has con- ment Team, the Weld County Drug were so complimentary and for speak- sumed a massive proportion of Federal Task Force. spending; almost $750 billion in the last Rest assured that from my point of ing out. As a former attorney general of the State of Colorado, who is essen- 41⁄2 years. But this focus on Iraq and view as a former attorney general of tially the top cop in Colorado, knows our security objectives abroad should the State of Colorado, I know these one of the hallmarks of good law en- not come at the expense of American task forces are at the point of the spear forcement is strong law enforcement security right here at home in our in combating the scourge of drugs in opportunities, along with prevention in United States. my State of Colorado, and these impor- terms of intervening with our young Too many Americans live with fear tant funds will allow us to keep up that people. But is the Senator aware why of drug-related violence in their com- fight. this bill is under a veto threat? munities. Too many Americans have Finally, I am pleased this bill pro- Mr. SALAZAR. I have understood seen meth destroy the lives of a family vides $5.6 billion for the Bureau of Pris- that the President has said he doesn’t member or of a neighbor. Too many ons to help curb the staff shortages, like the funding levels in this bill Americans worry that when a disaster construction needs and operations which I interpret to mean that he strikes, the way it did with Katrina, budgets for the Federal prison system. doesn’t support funding of these very help will come but help will not come The correctional officers who handle important programs. quickly enough. some of the most dangerous criminals Ms. MIKULSKI. The Senator is ex- This bill, which the chairperson from in America will tell you the funding actly right. We face a veto threat not Maryland and Ranking Member SHEL- levels over the past few years have because we have done bad legislation BY have put together, resets our prior- been inadequate. but because we have done good funding. ities to where they should be, on the At the Supermax Prison in Florence, Is the Senator aware that the legisla- safety and security of America’s fami- CO, which houses inmates such as Ted tion called for the elimination of the lies. For that I thank and applaud the Kaczynski, al-Qaida terrorist Zacarias COPS Program? leadership of Senator MIKULSKI. Moussaoui, and the shoe bomber, Rich- Mr. SALAZAR. Madam President, I The Appropriations Committee has ard Reid, at that Supermax facility, am aware that the President has called reported a bill that restores critical in- where we house the most dangerous of for elimination of the COPS Program. I vestments on law enforcement that the most dangerous of America’s en- am also aware that when I speak to the this President had proposed to cut. I emies, funding cuts have left them law enforcement community through- wish to briefly talk about a few of short staffed and short on beds. out the country and throughout my those provisions that will benefit the At the prison that houses terrorists, State, sheriffs and chiefs of police peace officers of my State of Colorado. gang leaders and the most violent across the board say the COPS Pro- First, I am pleased the bill we are members of society, this is a dangerous gram is, in fact, working, and when we considering today includes $1.4 billion game that we cannot afford, and this see what happened with the dip in vio- for State and Local Law Enforcement legislation moves forward in a way to lent crime in the 1990s, it occurred pre- Assistance, including $660 million for address those shortfalls. cisely because we had programs such as the Byrne Memorial Justice Assistance I am not going to take time to go the COPS Program which were very ef- Grants and $190 million for Byrne dis- through all the other good that is in- fective. cretionary grants. cluded in this bill, but I would mention Ms. MIKULSKI. So then it is the be- This program, which the President very briefly the $340 million this bill lief of the Senator that our addition of had—beyond my understanding—pro- provides to the juvenile justice pro- over $500 million to guard the streets posed to eliminate, provides grants to gram and the investment this bill and neighborhoods and communities of State and local governments for law makes in all our Federal law enforce- America will be well spent? enforcement, for prosecution and court ment agencies such as the DEA, the Mr. SALAZAR. I can think of no programs, for prevention and commu- FBI, and the ATF. more important priority for all of us. nity education programs, drug treat- When you look at these investments, As we deal with issues of crime and vi- ment, and community corrections pro- you begin to understand how impor- olence and the rule of law in places far grams. These are the kinds of programs tant this bill is to our Nation’s law en- away such as Iraq and Afghanistan, it that the men and women in law en- forcement authority. Anyone who has ought to be an important priority, a forcement in this country know do, in worked or who works in law enforce- high priority for us to make sure we fact, work to make our communities ment today and who takes the time to are enforcing the rule of law and pro- safe. look at this bill, will understand this is viding security for Americans at home; Secondly, this bill includes $550 mil- a strong statement of support for peace that we take care of the homeland lion for the Community Oriented Polic- officers and for protecting our public first. ing Services, known as COPS. These across the country. That is why I am I strongly agree with the Senator funds go to tribal, State, and local law perplexed that there is a veto threat by from Maryland that, in fact, this bill enforcement agencies for community the President on this bill. moves us in that direction. policing initiatives which put law en- There should not be that veto threat Ms. MIKULSKI. I thank the Senator forcement professionals on the streets because this is a bill that takes a from Colorado. I appreciate his com- with a beat so they can build relation- strong position to secure Americans ments and support.

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12849 Madam President, by way of informa- Over the last several years, U.S. both sides of the aisle it is the inten- tion for our colleagues, when we talk manufacturing has faltered. Millions of tion of Senator SHELBY and myself to about the COPS Program, one might good jobs have been lost. In my State finish this bill tomorrow. We have recall, as the Senator from Colorado of Ohio, from Toledo to Gallipolis, some amendments that have been filed, said, violent crime really skyrocketed from Ashtabula to Middletown, well and yet we do not know what the in- in the mid-1990s. President Clinton, over 200,000 manufacturing jobs have tent is of the Senators who have filed working then with our colleague who disappeared in the last 6 years. such amendments. We are going to be continues to be in the Senate, Senator American industry, we know, can voting very shortly—in a matter of JOE BIDEN, a leader on the Judiciary compete with anyone in the world minutes—and we would like every Sen- Committee, came up with the COPS when it is a fair fight. Our inter- ator who has filed an amendment to Program. During the Clinton adminis- national trade laws are intended to se- come and tell us what their intent is. tration, from 1993 to 1998, they put cure a level playing field. Unfortu- Do they intend to offer it? When do 118,000 extra police officers on the nately, some of our trading partners they intend to offer it? Or do they wish streets of America. They were in 13,000 have repeatedly found ways to cir- to seek another accommodation? communities, and violent crime cumvent these laws to gain an unfair We would like to present to the lead- dropped 10 percent. Cops do make a dif- advantage against our workers and our ers on both sides of the aisle—the ma- ference. We are concerned that by companies. This has led to record- jority leader and the Republican lead- eliminating the COPS Program, the breaking trade deficits—some $800 bil- er—a finite list tonight before Senator thin blue line that protects us in our lion in 2006—which threaten the long- SHELBY and I go home so we can have communities is even getting smaller. term health of our economy and mas- the finite list for tomorrow and assidu- So working on a bipartisan basis with- sive job losses which have wreaked ously, earnestly, thoroughly work in the Senate, we have added over $500 havoc on the middle class. Foreign gov- through these amendments. But we million to restore that COPS Program; ernments have unfairly and illegally must know the intent of the Senators. not that we micromanage from the na- doled out massive subsidies to their I believe there is an old-fashioned tional level, but we empower the local own companies and others willing to saying: It is now time to fish or cut communities to apply for these grants reestablish offshore, contributing to bait. We would prefer Senators actu- and deploy where they know best to the migration of manufacturing jobs ally cut their bait. But being an old protect their citizens. overseas and artificial price advan- Maryland fisherwoman myself, we We think we have a great bill. We tages for imported products. Despite want to talk to our colleagues. Talk to want to move it along. We thank the ample evidence that something is very us during this vote. Senator SHELBY is Senator for the kind words. Now our wrong—when I first ran for Congress in at his desk. I will be at mine. Let’s colleagues can help us not only with 1992, the U.S. multilateral trade deficit talk things over and see how we can words but with deeds, which is, if they was $38 billion. Last year it was lit- move this bill and make America proud have an amendment, offer it or send erally more than 20 times that, and we of us. Too often when all is said and their staff to either see if we can mod- can look at job loss figures, the trade done, too much gets said and nothing ify it or have it withdrawn. deficit, outsourcing figures, offshoring gets done. AMENDMENT NO. 2360 figures—the Bush administration needs I yield the floor. The PRESIDING OFFICER. Under to aggressively enforce American trade Mr. SHELBY. Madam President, I the previous order, the Senate will now law. join with Senator MIKULSKI. She is resume consideration of amendment Recent WTO decisions threaten to telling our colleagues—and I join with No. 2360 offered by the Senator from create enormous loopholes in trade law her—that we have accepted and are Ohio, Mr. BROWN. There will be 30 min- enforcement. This affects industries working through a lot of amendments utes of debate equally divided between and local economies throughout the on both sides of the aisle. There are a the Senator from Ohio and the Senator country. We know about steel. We number of amendments that have been from Maryland, Ms. MIKULSKI, or their know about paper. But it affects all filed. We, as she pointed out, need to designees, prior to a vote in relation to American manufacturing. That is why know if people are going to insist on the amendment. we need to be more aggressive in en- amendments or if there is some way we The Senator from Ohio. forcement of the trade laws. If the can accommodate Senators, if they Mr. BROWN. Madam President, I WTO continues to target U.S. trade would come to the floor and meet with begin my thanking Senator MIKULSKI remedy laws, we in this Chamber need us, because in a few minutes we are and Senator SHELBY, as well as Sen- to fight back. This amendment is a going to vote. The leaders will be on ators BAUCUS and GRASSLEY, for their modest reminder to the administration the floor and they are going to want a support of this amendment. The that we need to vigorously enforce our report from us as to what is pending, amendment is cosponsored by Senators trade laws. because tomorrow we want to move STABENOW, BYRD, ROCKEFELLER, and I thank the chairman and ranking this bill. This is a very important bill, LEVIN. I should note that the Finance member of the subcommittee for their as the Presiding Officer knows. We Committee chair has drafted a bill to support. I ask my colleagues for their need to move on with it and not delay boost trade enforcement. I look for- support. it more. We are back now in a new ward to working on that very impor- I ask for the yeas and nays. week and I think we can make some tant piece of legislation. The PRESIDING OFFICER. Is there a progress. If my colleagues on both sides This amendment will help America’s sufficient second? of the aisle will meet with us and tell manufacturers compete on even terms There appears to be a sufficient sec- us if they want a vote, we will debate with foreign manufacturers. For gen- ond. it and vote. If they want to see if we erations American manufacturing has The yeas and nays were ordered. can work out something with them, we been a tremendous source of pride and Ms. MIKULSKI. I suggest the absence will do that. But it is our intention work for our whole country. Especially of a quorum. again to move this bill tomorrow. for working families, it has been a lad- The PRESIDING OFFICER. The Thank you, Madam President. der to the middle class. American man- clerk will call the roll. The PRESIDING OFFICER. Under ufacturing fuels our economy and sup- The assistant legislative clerk pro- the previous order, the question is on plies our national defense infrastruc- ceeded to call the roll. agreeing to amendment No. 3260, as ture. It would be dangerous on many Ms. MIKULSKI. Madam President, I modified, offered by the Senator from levels for our country to ignore the ask unanimous consent that the order Ohio, Mr. BROWN. anticompetitive forces that are buf- for the quorum call be rescinded. The yeas and nays have been ordered. feting every day our manufacturing The PRESIDING OFFICER. Without The clerk will call the roll. sector. In the State of Michigan, in objection, it is so ordered. The legislative clerk called the roll. Ohio, across the Midwest, throughout Ms. MIKULSKI. Madam President, I Mr. DURBIN. I announce that the the country, it would be and is dan- stand here with my colleague from Ala- Senator from Indiana (Mr. BAYH), the gerous to ignore that. bama to tell all of our colleagues on Senator from Delaware (Mr. BIDEN),

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12850 CONGRESSIONAL RECORD — SENATE October 15, 2007 the Senator from New York (Mrs. CLIN- AMENDMENT NO. 3277 Far from it, Mr. President, because I TON), the Senator from Connecticut Mr. VITTER. Mr. President, I ask think a clear overwhelming majority (Mr. DODD), the Senator from Massa- unanimous consent to lay aside any of the American people and their State chusetts (Mr. KENNEDY), the Senator pending amendment or business so that and local elected officials support com- from Washington (Mrs. MURRAY), the the Vitter amendment, No. 3277, may monsense cooperation with the Federal Senator from Nebraska (Mr. NELSON), be called up. Government in enforcing our laws. But and the Senator from Illinois (Mr. The PRESIDING OFFICER. Without it is a very significant trend, a very OBAMA) are necessarily absent. objection, it is so ordered. The clerk significant happening around the coun- I further announce that, if present will report. try. Many local jurisdictions and at and voting, the Senator from Nebraska The legislative clerk read as follows: least two States have adopted this very (Mr. NELSON) would vote ‘‘yea.’’ The Senator from Louisiana [Mr. VITTER], conscious and very boldly proclaimed Mr. MCCONNELL. The following Sen- for himself, Mr. SESSIONS and Mr. DEMINT, policy, calling themselves sanctuary ators are necessarily absent: the Sen- proposes amendment numbered 3277. cities, or sanctuary jurisdictions. ator from Kansas (Mr. BROWNBACK), the Mr. VITTER. Mr. President, I ask My amendment would simply pro- Senator from Mississippi (Mr. LOTT), unanimous consent to dispense with hibit COPS funding from going to these the Senator from Alaska (Ms. MUR- the reading of the amendment. jurisdictions. It would say this is our KOWSKI), and the Senator from Ten- The PRESIDING OFFICER. Without Federal law, and that States, that lo- nessee (Mr. ALEXANDER). objection, it is so ordered. calities must cooperate with Federal Further, if present and voting, the The amendment is as follows: immigration officials. And if they are Senator from Tennessee (Mr. ALEX- (Purpose: To prohibit funds from being used not going to do that, if they are going ANDER) would have voted ‘‘yea.’’ in contravention of section 642(a) of the Il- to pass laws clearly in contravention, The PRESIDING OFFICER (Mr. legal Immigration Reform and Immigrant 180 degrees opposed to Federal law, SANDERS. Are there any other Senators Responsibility Act of 1996) then they will not get COPS funding in the Chamber desiring to vote? On page 70, between lines 10 and 11, insert under this bill. The result was announced—yeas 85, the following: Again, Mr. President, it couldn’t be SEC. 217. None of the amounts made avail- nays 3, as follows: simpler. It couldn’t be more straight- able in this title under the heading ‘‘COMMU- forward—COPS money, COPS funds, [Rollcall Vote No. 364 Leg.] NITY ORIENTED POLICING SERVICES’’ may be will not go to sanctuary cities, so- YEAS—85 used in contravention of section 642(a) of the called sanctuary jurisdictions, if my Akaka Durbin Menendez Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)). amendment passes. And, again, this is Barrasso Ensign Mikulski doing nothing more than enforcing Baucus Enzi Nelson (FL) Mr. VITTER. Mr. President, this is present Federal law, a policy or law Bennett Feingold Pryor amendment No. 3277, and it is very sim- Bingaman Feinstein Reed that has been on the books for over 10 Bond Graham Reid ple and straightforward and, I believe, years. So why shouldn’t we put some Boxer Grassley Roberts very needed. The amendment would meaningful teeth in that Federal law Brown Gregg Rockefeller simply prohibit COPS funding, which is Bunning Harkin and prevent these local and State juris- Salazar Burr Hatch governed under this bill, from going to Sanders dictions from simply flaunting Federal Byrd Hutchison so-called sanctuary cities. In doing so, Schumer law and not abiding by Federal law? Cantwell Inhofe it would do nothing more than to en- Cardin Inouye Sessions I would note that the House of Rep- Carper Isakson Shelby force current Federal law. resentatives has already acted on this Casey Johnson Smith Mr. President, as you know, in 1996, issue in the companion bill to this CJS Snowe Chambliss Kerry Congress passed the Illegal Immigra- appropriations bill. In the House bill, a Coburn Klobuchar Specter tion Reform and Immigrant Responsi- Cochran Kohl Stabenow similar amendment to mine passed by Coleman Kyl Stevens bility Act. In that 1996 legislation, voice vote. Having said that, I would Collins Landrieu Sununu which is current law, there is a very hope that a huge majority of the Sen- Conrad Lautenberg Tester clear section on sanctuary city policy. ate similarly votes to pass this Vitter Corker Leahy Thune It is section 642(a), and it states in Cornyn Levin Vitter amendment, to adopt it, and to put it Craig Lieberman Voinovich clear unmistakable terms: on the CJS appropriations bill. Crapo Lincoln Warner Federal, State or local government entity This is common sense. It does noth- DeMint Martinez Webb or official may not prohibit, or in any way Dole ing more than enforce current Federal McCain Whitehouse Domenici McCaskill restrict, any government entity or official policy and Federal law. It is clearly the Wyden Dorgan McConnell from sending to, or receiving from, the Im- sort of commonsense, straightforward migration and Naturalization Service infor- legislation that a huge majority of the NAYS—3 mation regarding the citizenship or immi- American people support. I know there Allard Hagel Lugar gration status, lawful or unlawful, of any in- dividual. will be a vote on this sometime tomor- NOT VOTING—12 row, Mr. President, so I urge all my Mr. President, the idea behind that Alexander Clinton Murkowski colleagues, Republican and Democrat, policy is very simple. Law enforcement Bayh Dodd Murray to join with the huge majority of the Biden Kennedy Nelson (NE) around the country should be free to American people behind this reason- Brownback Lott Obama cooperate with Federal authorities re- able and commonsense policy. The amendment (No. 3260), as modi- garding immigration, regarding immi- Mr. President, I yield the floor. fied, was agreed to. gration enforcement, and no State or The PRESIDING OFFICER. The Sen- Mr. LIEBERMAN. Mr. President, I local government should be able to ator from New Jersey. move to reconsider the vote. contradict Federal law by establishing Mr. MENENDEZ. Mr. President, I Mr. INOUYE. I move to lay that mo- a State or local law which bars this rise to speak against the Vitter amend- tion on the table. sort of commonsense cooperation. Un- ment. I don’t believe it is common The motion to lay on the table was fortunately, that is exactly what sev- sense, I don’t believe it is reasonable, agreed to. eral local jurisdictions and at least two and I want to lay out the reasons. Ms. MIKULSKI. Mr. President, I sug- States on a statewide basis have done. This body has, during the immigra- gest the absence of a quorum. They have established, by State law, tion debate, actually acted on a very The PRESIDING OFFICER. The by local law, by local ordinance, so- similar amendment and defeated it. clerk will call the roll. called sanctuary policies absolutely And the reason this body was wise The legislative clerk proceeded to prohibiting law enforcement and other enough to defeat it was because they call the roll. public personnel in their jurisdiction understood that some of the toughest Mr. VITTER. Mr. President, I ask from working with or cooperating with law enforcement officials in our coun- unanimous consent that the order for Federal authorities with regard to im- try, from sheriffs to prosecutors, and a the quorum call be rescinded. migration enforcement. whole host of law enforcement officials The PRESIDING OFFICER. Without This is by no means the majority pol- in between, understand that the co- objection, it is so ordered. icy of jurisdictions around the country. operation of a community is essential

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12851 for police and law enforcement entities prosecutors will tell you, and police The Senate has in the past already to do their job. chiefs will tell you. They will tell you largely rejected these amendments—in Under Senator VITTER’s amendment, that they want the community to par- good judgment. Let’s listen to the cops, denying money to municipalities ticipate. let’s listen to the prosecutors, let’s lis- across the landscape of the country— Now, when Secretary Chertoff was ten to the sheriffs, let’s listen to the and this would deny monies to about before the committee recently testi- tough law enforcement people, let’s lis- 126 cities in a whole host of States rep- fying in a House hearing, he responded ten to the communities that have resented by people on both sides of the to a question about this issue. He said: elected officials who are in the midst of aisle—would set up a series of cir- I am not aware of any city that actu- these communities and who say: When cumstances under which a crime could ally interferes with our ability to en- it comes to identifying crime and vic- be committed and the witness to that force the law. tims of crime, we want them to come crime happens to be someone who is So let’s not mix apples and oranges. forward. That is in the public interest. undocumented in some fashion. Do we The suggestion is that these cities Nothing in these cities is used in a want the witness to be able to come interfere with the Department of way, as Secretary Chertoff said, to im- forward and provide essential, crucial Homeland Security and ICE’s ability to pede the opportunity for ICE to do eyewitness testimony about the crime go ahead and pursue someone to be de- what they want to do should they want or do we want them to hide in the ported. That is not the case. But that to deport somebody. darkness and not talk to the police be- is the argument that is trying to be For all those reasons, I urge my col- cause they are afraid of their immigra- made in pursuit of an amendment that leagues to reject the Vitter amendment tion status? is all about immigration and nothing when it comes up for a vote and pre- I want to solve the crime, Mr. Presi- about security. We need to be about se- serve the security of our communities. dent. I want to get the perpetrator. I curity in our communities. We need to I yield the floor. want to convict that person and put be able to have witnesses come forward Ms. MIKULSKI. Mr. President, I, too, them in jail. I don’t want the oppor- and be able to have victims come for- rise to oppose the Vitter amendment. tunity to do that to go wasted because ward. For the benefit of our colleagues, they Now, local governments have taken of some political statement that has should know a similar amendment was the initiative to reassure these commu- nothing to do with the core issue of se- defeated on the immigration bill this nities in order to deliver services vital curity in our communities. year. I opposed the amendment then to the public health and safety. And I want to make sure a witness comes and I oppose it now. I oppose it on sub- these may be immigrant families who forth and testifies against a perpe- stantive grounds, and I oppose it also also, in fact, have perfect status in this trator and has no fear to do so. on the grounds related to States rights country. But the message being sent Senator VITTER’s amendment would and home rule. undermine that ability. Senator out is: Don’t talk to the local police. We have had incidents where people To refresh everyone, what the Vitter VITTER’s amendment would undermine who, in fact, have total legal status, amendment would do is ban local gov- the ability of someone who is a victim and who, because they came forward as ernments from receiving Federal law of a crime and who happens to be in an witnesses to a crime, ended up feeling enforcement funds if a city or a local- undocumented capacity to come for- more like a criminal themselves than ity has passed a law prohibiting police ward because they might very well be the person they were trying to testify from asking an immigration status. concerned that their status is such against. That sends a chilling effect Why is this bad? First of all, local that it might create a problem for across immigrant communities which law enforcement officers all across them. So victims of a crime would not says: Do not participate. America are opposed to this amend- come forward, which not only is inhu- It would not be in the interest of se- ment. Their opposition has been very man as it relates to the victim of that curity in our communities to have that well articulated by our colleague from crime—and that crime could be of all be the message. If immigrant families New Jersey. What has been articulated types and manner that was committed are afraid to access the opportunities by local law enforcement communities against the individual—but the unwill- for local law enforcement to have their is they believe they should not be held ingness of that person to come forward participation as the eyes and ears of responsible for enforcing Federal immi- because of fear—fear—may lead to an- what is happening, it would have a neg- gration laws; that Federal laws on im- other crime committed against some- ative effect and be a ripple effect of migration should be enforced by Fed- one else by that same individual in what would happen. If that is the mes- eral immigration authorities. that same community; perhaps to a sage, then if you are a perpetrator of a This amendment would also make it child who might be molested, to a per- crime and you want to do breaking and harder for local police to enforce laws son who might be assaulted, to a fam- entering, robbing in a community, God and stop crime. One of the things that ily who might get robbed. forbid you want to do rapes, you say: would happen, if police are forced to do So instead of catching the perpe- This community will not go to the po- this, it would foster great mistrust in trator, the criminal element, and being lice. Let’s do it in that sector. Then our immigrant communities—meaning able to prosecute them either through the crime continues and the perpe- immigrants who are here legally. You the witness or through the victim, no, trator continues to be free and the know, there are many immigrants who we prefer to deny monies to that com- process gets worse and worse. are here legally. Because you might munity because they have a view that It seems to me all Americans are at have a last name such as Sanchez in their own interest—and I hear so higher risk of preventable crimes when doesn’t mean you are an illegal immi- many times in debates that States and the population fears coming forward to grant. You might be the owner of an IT municipalities know best, but when it give information. business in Silver Spring, MD. comes to this, they know nothing. This is also about telling municipali- One of the things we are concerned They know nothing about how best to ties that they cannot figure out for about is that immigrants, then, will secure their communities. They have themselves what is the best way to not report crimes or will not give infor- made decisions across the landscape of combat crime in their communities. mation to those who could go after se- the country—urban, suburban, and Our whole effort under the fantastic rious crimes—such as the gang effort. rural—to say we care more about pros- bill that Senator MIKULSKI has put to- We are also concerned when people ecuting the crime and having witnesses gether is to ensure communities have will not come forward particularly re- come forward to tell us about the the wherewithal to combat the rise in lated to domestic violence. If there is crime than we care about the person’s crime we have seen over the past 2 domestic violence, a battered spouse status, and we are not going to put a years, according to recent reports. The might not call the police because it chilling effect across the landscape of way to do that is to have citizens come could trigger some type of raid in their our community to being able to forward and participants in commu- own community. achieve those goals. nities come forward and tell the police This is not a good way to go. Let’s go That is what tough law enforcement about what is happening. It is not to to the consequences of local commu- will tell you—sheriffs will tell you, put a chilling effect on it. nities deciding what they want to do.

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12852 CONGRESSIONAL RECORD — SENATE October 15, 2007 What we are talking about is a situa- AMENDMENT NO. 3256, AS MODIFIED The amendment (No. 3310) was agreed tion where a city or a locality has On page 57, line 7, strike ‘‘$550,000,000’’ and to. passed a law prohibiting police from insert ‘‘$660,000,000’’. Mr. SHELBY. Mr. President, I move asking an immigration status. That is On page 60, line 2, strike ‘‘and’’ and all that to reconsider the vote. follows through ‘‘Funds’’ on line 3, and insert Ms. MIKULSKI. I move to lay that their right. That is their right, to say the following: what they want to do in their own com- (12) $110,000,000 is for grants under section motion on the table. munity. Then to deny Federal funds for 1701 of title I of the 1968 Act (42 U.S.C. The motion to lay on the table was law enforcement, funds for all the 3796dd) for the hiring and rehiring of addi- agreed to. other things they might be applying tional career law enforcement officers under AMENDMENT NO. 3239 for funds for, I think is outrageous. part Q of such title, notwithstanding sub- Ms. MIKULSKI. Mr. President, I call What happens if they are applying for section (i) of such section; and up amendment No. 3239 by Senator (13) interoperable communication equip- On page 97, between lines 19 and 20, insert KENNEDY and ask for its immediate ment so they can fight violent crime? the following: consideration. Oh, no, they can’t have it. Of the unobligated balances made available The PRESIDING OFFICER. The What happens when they have ap- for the Department of Justice in prior fiscal clerk will report. plied for funds for the Violence Against years, $110,000,000 are rescinded: Provided, The legislative clerk read as follows: That within 30 days after the date of enact- Women Act, to deal with battered The Senator from Maryland [Ms. MIKUL- ment of this section the Attorney General spouses or abused children? Oh, no, SKI], for Mr. KENNEDY, proposes an amend- shall submit to the Committees on Appro- ment numbered 3239. they would not be able to get their priations of the House of Representatives Federal funds. and the Senate a report specifying the The amendment is as follows: What happens, then, in the issue of amount of each recission made pursuant to (Purpose: To clarify that student loan repay- sexual predators? We have a robust ef- this section. ment assistance does not violate section fort to go after sexual predators in our Ms. MIKULSKI. This amendment has 209 of title 18, United States Code relating communities. If they have applied for been cleared on both sides of the aisle. to Federal salary) grants to be able to protect our chil- I ask for its immediate adoption. On page 70, after line 10, insert the fol- dren, they will not be able to get them The PRESIDING OFFICER. Is there lowing: under the Vitter amendment. So the further debate? SEC. ll. Notwithstanding any other pro- Vitter amendment is not targeted at il- If not, the question is on agreeing to vision of law, a public or private institution of higher education may offer or provide an legal aliens or illegal immigrants. the amendment. officer or employee of any branch of the What the Vitter amendment does is The amendment (No. 3256), as modi- United States Government or of the District target law enforcement. If the Vitter fied, was agreed to. of Columbia, who is a current or former stu- amendment is agreed to, in many of Mr. SHELBY. Mr. President, I move dent of such institution, financial assistance these communities it will stifle, shack- to reconsider the vote. for the purpose of repaying a student loan or le, and impede local law enforcement Ms. MIKULSKI. I move to lay that forbearance of student loan repayment, and from applying for Federal funds to motion on the table. an officer or employee of any branch of the which they would otherwise be enti- The motion to lay on the table was United States Government or of the District agreed to. of Columbia may seek or receive such assist- tled. ance or forbearance. I think this is misguided. I think it is AMENDMENT NO. 3310 Ms. MIKULSKI. This amendment has misdirected. For those of us who are Ms. MIKULSKI. Mr. President, I call been cleared on both sides of the aisle. very concerned about the issues of pro- up amendment 3310 for myself and Sen- I ask for its immediate adoption. tecting our borders, we understand we ator COLLINS. The PRESIDING OFFICER. The need to protect our borders, but we The PRESIDING OFFICER. The question is on agreeing to the amend- also need to protect our communities. clerk will report. The legislative clerk read as follows: ment. One of the ways we protect our commu- The Senator from Maryland [Ms. MIKUL- The amendment (No. 3239) was agreed nities is to let law enforcement apply SKI], for herself and Ms. COLLINS, proposes an to. for Federal funds for a variety of amendment numbered 3310. Mr. SHELBY. Mr. President, I move things, from cops on the beat, which Ms. MIKULSKI. Mr. President, I ask to reconsider the vote. they wouldn’t be able to get; Byrne unanimous consent that the reading of Ms. MIKULSKI. I move to lay that grant money for technology or bullet- the amendment be dispensed with. motion on the table. proof vests, they wouldn’t be able to The PRESIDING OFFICER. Without The motion to lay on the table was get it; violence against women funds, objection, it is so ordered. agreed to. they wouldn’t be able to get that. I The amendment is as follows: Ms. MIKULSKI. Mr. President, we think the Vitter amendment is mis- are making great progress. Our staffs guided and misdirected. We should de- (Purpose: To provide for certain public- private competition requirements) are going to be working through the feat it. At the end of title V, add the following: night. We have about 36 amendments I suggest the absence of a quorum. SEC. 528. None of the funds appropriated or pending; 10 on the Democratic side, The PRESIDING OFFICER. The otherwise made available by this Act may be about 26 on the Republican side. We clerk will call the roll. made available for a public-private competi- know the staffs are working well after The legislative clerk proceeded to tion conducted under Office of Management and Budget Circular A–76 or to convert a 7. This is a good time to come over and call the roll. work with us. We hope tomorrow morn- Ms. MIKULSKI. Mr. President, I ask function performed by Federal employees to private sector performance without such a ing we will be able to have some votes unanimous consent that the order for competition unless a representative des- and also further progress. It is the in- the quorum call be rescinded. ignated by a majority of the employees en- tention of the majority leader and the The PRESIDING OFFICER. Without gaged in the performance of the activity or Republican leader to finish this bill to- objection, it is so ordered. function for which the public-private com- morrow, even if we have to work AMENDMENT NO. 3256, AS MODIFIED petition is conducted or which is to be con- through the night. The best way not to Ms. MIKULSKI. Mr. President, we verted without such a competition is treated as an interested party with respect to such work through the night tomorrow are making great progress. We have competition or decision to convert to private night is to work through the night to- some amendments we wish to clear. sector performance for purposes of sub- night. So come over, help clear up I call up amendment No. 3256, as chapter V of chapter 35 of title 31, United some of these amendments. It would be modified, and ask for its immediate States Code. a great help. consideration. Ms. MIKULSKI. This amendment has Mr. President, I suggest the absence The PRESIDING OFFICER. The been cleared on both sides of the aisle. of a quorum. amendment is pending and will be so I ask for its immediate adoption. The PRESIDING OFFICER. The modified. The PRESIDING OFFICER. Is there clerk will call the roll. The amendment (No. 3256), as modi- further debate? If not, the question is The legislative clerk proceeded to fied, is as follows: on agreeing to the amendment. call the roll.

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12853 Mr. REID. Mr. President, I ask unan- (2) supports the goals and ideals of Fire Whereas designating the third week of Oc- imous consent that the order for the Prevention Week, October 7–13, 2007, as des- tober as National Teen Driver Safety Week quorum call be rescinded. ignated by the National Fire Protection As- is expected to increase awareness of these The PRESIDING OFFICER. Without sociation. important issues among teenagers and adults objection, it is so ordered. f in communities throughout the United States, as additional research is conducted f NATIONAL TEEN DRIVER SAFETY to develop and test effective interventions SUPPORTING THE WORK OF WEEK that will help teenagers become safe drivers: FIREFIGHTERS Mr. REID. Mr. President, I ask unan- Now, therefore, be it Resolved by the Senate (the House of Rep- Mr. REID. Mr. President, I ask unan- imous consent that the Commerce resentatives concurring), That Congress— imous consent that the Senate proceed Committee be discharged from further (1) supports the goals and ideals of Na- to the consideration of S. Res. 345. consideration of S. Con. Res. 36, and tional Teen Driver Safety Week; and The PRESIDING OFFICER. The the Senate then proceed to its imme- (2) encourages the people of the United clerk will report the resolution by diate consideration. States to observe the week with appropriate title. The PRESIDING OFFICER. Without activities that promote the practice of safe The legislative clerk read as follows: objection, it is so ordered. driving among the Nation’s licensed teenage drivers. A resolution (S. Res. 345) supporting the The clerk will report the concurrent work of firefighters to educate and protect resolution by title. f the Nation’s communities, and the goals and The legislative clerk read as follows: DEPARTMENTS OF COMMERCE ideals of Fire Prevention Week, October 7–13, A concurrent resolution (S. Con. Res. 36) 2007, as designated by the National Fire Pro- AND JUSTICE, AND SCIENCE, supporting the goals and ideals of National AND RELATED AGENCIES APPRO- tection Association. Teen Driver Safety Week. PRIATIONS ACT, 2008—Continued There being no objection, the Senate There being no objection, the Senate proceeded to consider the resolution. proceeded to consider the concurrent Mr. REID. Mr. President, we have on Mr. REID. Mr. President, I ask unan- resolution. this bill that is now before the Sen- imous consent that the resolution be Mr. REID. Mr. President, I ask unan- ate—the Commerce-Justice appropria- agreed to, the preamble be agreed to, imous consent that the concurrent res- tions bill—about eight amendments and the motions to reconsider be laid olution be agreed to, the preamble be that Democrats have pending or wish upon the table. agreed to, the motions to reconsider be to offer, and we have 26 Republican The PRESIDING OFFICER. Without laid upon the table, and that any state- amendments. Everyone should under- objection, it is so ordered. ments be printed in the RECORD. stand we are going to finish this bill The resolution (S. Res. 345) was The PRESIDING OFFICER. Without tomorrow. It does not matter what agreed to. events are going on around town, we The preamble was agreed to. objection, it is so ordered. are going to work and finish this bill. If The resolution, with its preamble, The concurrent resolution (S. Con. reads as follows: Res. 36) was agreed to. it takes until 8 o’clock tomorrow The preamble was agreed to. night, fine; there will be no windows. S. RES. 345 The concurrent resolution, with its We are going to work right through Whereas firefighters have maintained their preamble, reads as follows: this. If people try to hold this up, we dedication to the health and safety of the Whereas motor vehicle crashes are the will have a bunch of votes. We will American public since the first American leading cause of death for adolescents and fire departments were organized in the colo- have the Sergeant at Arms instructed. young adults in the United States, and many We are going to move through this. nial era; of these deaths are preventable; Whereas today’s firefighters provide a mul- Whereas almost 7,500 drivers between the I am told we want to finish appro- titude of services, including emergency med- ages of 15 and 20 years were involved in fatal priations bills. This is our second week ical services, special rescue response, haz- crashes in 2005 throughout the United States; on this bill. We are going to finish this ardous material and terrorism response, and Whereas the fatality rate in the United bill tomorrow or sometime early public safety education; States for drivers between the ages of 16 and Whereas more than 1,130,000 firefighters Wednesday morning. We are going to 19 years, based on miles driven, is 4 times the protect the United States through their he- continue working on this until it is fatality rate for drivers between the ages of roic service; completed or until we find there is 25 and 69 years; Whereas the Nation’s fire departments re- such intransigence by the Republicans Whereas the majority of teen driver crash- spond to emergency calls nearly once per es in the United States are due to driver that they do not want us to finish this second and dispatch to fire emergencies bill. I hope that is not the case. every 20 seconds; error and speeding, and 15 percent of the crashes are due to drunk driving; We have had on our appropriations Whereas approximately 1,600,000 fires are bills some decent cooperation from the reported annually; Whereas roughly two-thirds of the teen- Whereas firefighters respond with courage agers killed in motor vehicle accidents in Republicans, for which I am appre- to all disasters, whether they be acts of ter- the United States each year do not use seat- ciative, but we have other bills we have rorism, natural disasters, or other emer- belts; to do. If we finish this legislation, we gencies; Whereas approximately 63 percent of teen will still have seven appropriations Whereas 343 firefighters sacrificed their passenger deaths in the United States occur bills to do. lives responding heroically to the events of while other teenagers are driving; Whereas it is necessary to explore effective I am aware we have had to file clo- September 11, 2001; ture 49 different times this year to de- Whereas firefighters from across the Na- ways to reduce the crash risk for young driv- tion responded with remarkable selflessness ers by focusing research and outreach efforts feat Republican filibusters or to turn throughout the areas affected by Hurricane on areas of teen driving that show the most them around, and if it is necessary to Katrina; promise for improving safety; file the 50th, we will do that. I think Whereas 89 firefighters lost their lives in Whereas the National Teen Driver Survey, that would be a shame to have to do 2006, and over 80,000 were injured in the line developed with input from teenagers and ad- that. of duty; ministered by The Children’s Hospital of We have a finite number of amend- Whereas we have honored firefighters for Philadelphia, demonstrates a national need to increase overall awareness about the safe ments now, and we need to try to work educating the American public since Presi- through them. What we could do, of dent Harding declared the first Fire Preven- use of electronic handheld devices, the risk tion Week in 1922; of nighttime and fatigued driving, the impor- course, here—there are more Demo- Whereas the National Fire Protection As- tance of consistent seatbelt use, and the crats than Republicans—we could move sociation has designated the week of October practice of gradually increasing driver privi- to table all the Republican amend- 7–13, 2007 as Fire Prevention Week; and leges over time as a young driver gains more ments. It would take a lot of time to do Whereas educating Americans on methods experience under supervised conditions; that. I hope we do not have to do that. of fire prevention and escape planning con- Whereas in 2005, 1,553 crash fatalities in- I hope we can work through these volving a teen driver occurred in the fall, tinues to be a priority for all firefighters: amendments and some of them will be Now, therefore, be it when teenagers are in the first months of the Resolved, That the Senate— school year and faced with many decisions accepted and some will be voted upon. (1) supports the work of firefighters to edu- involving driving, including whether to drive I want to be as reasonable as pos- cate and protect the Nation’s communities; with peer passengers and other distractions; sible, but I have the Nation’s business and and to be concerned about. We have to

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12854 CONGRESSIONAL RECORD — SENATE October 15, 2007 work through this. We have been off scribed in section 1152 or 1153 of title 18, The rate of violent crime in Indian work now doing other things in our dis- United States Code. country is disproportionately high. The tricts. We all worked hard. Now we are (b) Notwithstanding any other provision of Department of Justice reported that this Act, the amount appropriated under the back to legislating. As part of that leg- heading ‘‘PAYMENT TO THE LEGAL SERVICES from 1992 to 2001, the average rate of islation is this bill that is before the CORPORATION’’ under the heading ‘‘LEGAL violent crime among American Indians Senate now. We are going to work on it SERVICES CORPORATION’’ under title IV is re- was 21⁄2 times the national rate. Ac- and complete it. I was hopeful that duced by $20,000,000. cording to one report in the Indian with the 2:30 deadline we would come Mr. THUNE. Mr. President, this ap- Country Today newspaper, Native back with a reasonable number of propriations bill, as all appropriations American women are 7 times more amendments, but that is not, in fact, bills, comes down to a matter of prior- likely to be victims of domestic vio- the case. ities. We have a limited amount of re- lence than all other women are, and We have on the Republican side a sources and we have to figure out more than 60 percent of Indian women number of Senators who are offering where to put those limited resources to will be victims of violent assault dur- multiple amendments. I know they are the most effective use for the tax- ing their lifetimes. According to the important, and I understand that, but I payers. same report, nearly one-third of all Na- hope that we can, as I have said, work My amendment is very simple. It tive American women will be raped. our way through these. We will one takes $20 million from an authorized This is unacceptable. way or the other work through these, program that has problems with waste- The FBI estimates that 40 to 50 per- because I do not want and do not in- ful spending and it spends that $20 mil- cent of Indian country violent crime is tend to file cloture. I intend to work lion instead to give Federal prosecu- now methamphetamine related. In fact, until we finish this bill. tors badly needed additional funding to we know that meth traffickers and I don’t know how I can be more clear fight violent crime in Indian country. dealers target Indian country jurisdic- than that. We have to move after this Violent crime has become a serious tions because they believe they will to another appropriations bill, one that problem on reservations in South Da- not be prosecuted, even if they are ap- is extremely important, the Labor-HHS kota and elsewhere, and I am deter- prehended. According to Chris Chaney, bill, an extremely important piece of mined to put an end to it. If our tribal the BIA Deputy Director of the Office legislation involving so many different communities are to have a chance to be of Justice Services, meth distribution and important issues, as the Presiding prosperous, they must first have strong on tribal lands often occurs due to the Officer, for example, is well aware. public safety. belief that it is easier to get away with It is my understanding the distin- A few weeks ago I cosponsored an such a crime in Indian country. That is guished junior Senator from South Da- amendment with Senator DORGAN to why we must dramatically ramp up kota wishes to call up an amendment provide more law enforcement presence prosecutions of violent crime, of meth- before I do the closing matters, and I in Indian country. I strongly support related violent crime in Indian coun- am happy to wait. I ask now to return this effort. The other part of the equa- try. tion, though, is to ensure that those to legislative business. I offer my amendment today to help The PRESIDING OFFICER. Without who have been arrested for violent provide more resources to U.S. attor- objection, it is so ordered. crimes are prosecuted to the fullest ex- neys in Indian country to prosecute Mr. REID. What is the matter before tent of the law. Because the Federal more crimes referred to them. Specifi- the Senate now, Mr. President? Government has a trust responsibility cally, my amendment would provide an The PRESIDING OFFICER. The to the tribes, the task for prosecuting additional $20 million to U.S. attorneys Vitter amendment is the pending ques- violent crimes in Indian country lies that can only be spent to prosecute tion. with our U.S. attorneys. However, our crimes under the Major Crimes Act of AMENDMENT NO. 3317 U.S. attorneys often cannot prosecute 1885 and the Indian country Crimes Act crimes because of a lack of resources. Mr. THUNE. Mr. President, I ask of 1834. The amount will be paid for by An article published last June in the unanimous consent that the pending subtracting $20 million from the Wall Street Journal by Gary Fields amendment be set aside. amount appropriated under this bill to The PRESIDING OFFICER. Without about crime in Indian country pointed the Legal Services Corporation. objection, it is so ordered. out that Federal prosecutors often do Mr. THUNE. Mr. President, I thank not intervene in cases involving serious This bill provides $390 million to the the majority leader for yielding to give crimes due to the long distances in- Legal Services Corporation, a program me an opportunity to offer this amend- volved, lack of resources, and the cost that has not been reauthorized since ment. I call up amendment No. 3317 and of hauling witnesses and defendants to 1980. This is a 12-percent increase over ask unanimous consent that it be made Federal court. The same article goes on the amount appropriated to the LSC in pending. to say that in the past two decades, fiscal year 2007, and a 30-percent in- The PRESIDING OFFICER. The only 30 percent of tribal land crimes re- crease above the administration’s rec- clerk will report. ferred to U.S. attorneys were pros- ommendation. This substantial in- The legislative clerk read as follows: ecuted, according to Justice Depart- crease comes at a time when the Legal The Senator from South Dakota [Mr. ment data compiled by Syracuse Uni- Services Corporation has faced serious THUNE] proposes an amendment numbered versity. That compares with 56 percent questions about its management and 3317. for all other cases. I ask unanimous expenditure of taxpayer dollars. Mr. THUNE. Mr. President, I ask consent that the June 12, 2007 Wall In August, the GAO published a re- unanimous consent that the reading of Street Journal article headlined ‘‘Tat- port entitled ‘‘Legal Services Corpora- the amendment be dispensed with. tered Justice on U.S. Indian Reserva- tion: Governance and Accountability The PRESIDING OFFICER. Without tions, Criminals Slip Through Gaps’’ be Practices Need to be Modernized and objection, it is so ordered. printed in the RECORD at the conclu- Strengthened.’’ In the report, the GAO The amendment is as follows: sion of my remarks. noted that a dozen officers and employ- (Purpose: To provide, in a fiscally respon- The PRESIDING OFFICER. Without ees of the Legal Services Corporation sible manner, additional funding for United objection, it is so ordered. had received compensation in excess of States attorneys to prosecute violent (See exhibit 1.) the statutory compensation limitation. crimes in Indian country) Mr. THUNE. I hasten to add that the According to the GAO, an outside legal On page 70, between lines 10 and 11, insert U.S. attorney in South Dakota is doing counsel issued an opinion last May con- the following: a fantastic job prosecuting violent cluding that the Legal Services Cor- SEC. 217. (a) Notwithstanding any other crime and white-collar crime on South poration had not complied with the provision of this Act, the amount appro- Dakota’s Indian reservations. However, statutory limitation on the rate of priated under the heading ‘‘UNITED STATES ATTORNEYS SALARIES AND EXPENSES’’ under I am certain he can put more funding compensation. The GAO agreed with the heading ‘‘LEGAL ACTIVITIES’’ under this to good use in his office, as could every that conclusion and went on to state title is increased by $20,000,000, which shall U.S. attorney prosecuting violent that without a properly designed and be used for the prosecution of crimes de- crime in Indian country. implemented process for overseeing

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12855 compensation, the Legal Services Cor- violent crime in Indian country and to living on tribal land whom tribal officials poration remains at risk of not com- address what is a very desperate need cannot touch. Local prosecutors say mem- plying with related laws and regula- across Indian reservations in South Da- bers of Indian communities have such low tions and engaging in imprudent man- expectations about securing a prosecution kota, and to do it in a way that is con- that they often don’t bother filing a report. agement practices. sistent, I believe, with what the prior- ‘‘Where else do you ask: How bad is the The GAO also noted in the report ities in this underlying bill ought to crime, what color are the victims and what that: be, by paying for it with a $20 million color are the defendants?’’ asks Mr. In recent years, LSC management has en- increase, actually, that is going to be Kilbourne, who has prosecuted cases on gaged in practices that may have been pre- allocated this year to the Legal Serv- Cherokee lands since 2001. ‘‘We would not vented through effective implementation of ices Corporation. In my judgment, in allow this anywhere else except Indian coun- strong ethics policies. try.’’ my view, that makes sense. It is an These practices are reported by the The lack of prosecutorial discretion is one issue that needs to be addressed, and of many ways in which Indian justice has LSC’s inspector general. The inspector my amendment would take us down been split off from mainstream American general found that food costs at meet- that road, coupled with the agreement due process. For example, some defendants ings exceeded per diem allotments by that was earlier reached on the Dorgan appearing before Indian courts lack legal 200 percent and that LSC used funds to amendment, to provide more of a law counsel, because federal law doesn’t require pay travel expenses for its president for tribes to provide them with a public de- enforcement presence on Indian res- fender. Although some tribes have them, business related to her positions with ervations. So I hope we can accomplish outside organizations. The inspector others can’t afford to offer their members both of those objectives through the legal assistance. It’s not unusual for defend- general also found that LSC hired act- appropriations process this year, and it ants to represent themselves. ing special counsels from grant recipi- starts right here with adopting this The Indian Civil Rights Act, passed by ent organizations, causing potential Congress in 1968, limited to six months the amendment. sentences tribes could hand down on any conflicts of interest, and could not I urge my colleagues to do that. I complete an investigation into this charge. At the time, tribal courts were see- again thank the distinguished majority practice because of the failure to pro- ing only minor infractions. Congress in- leader for his patience in yielding me creased the maximum prison sentence to vide documentation required by Fed- time to speak to this amendment. one-year in 1986, wrongly assuming that the eral law and LSC grant agreements. Mr. President, I yield back the re- Indian courts would continue to handle only The GAO concluded that: mainder of my time. misdemeanor-level crimes. Tribal offenses, Without the presence of a strong ethics meanwhile, escalated in both number and se- committee providing effective oversight in EXHIBIT 1 verity, with rape, murder and kidnapping the development, implementation, updating, [From the Wall Street Journal, June 12, 2007] among the cases. and training for the code of ethics, the LSC ON U.S. INDIAN RESERVATIONS, CRIMINALS The Supreme Court weighed in on another is at increased risk of fraud or other ethical SLIP THROUGH GAPS level, with its 1978 Oliphant decision ruling misconduct. (By Gary Fields) that tribes couldn’t try non-Indian defend- I ask unanimous consent that the ex- ants in tribal courts—even if they had com- CHEROKEE, N.C.—Jon Nathaniel Crowe, an mitted a crime against a tribe member on ecutive summary of the LSC Office of American Indian, had a long-documented the tribe’s land. In its ruling, the court held Inspector General ‘‘Report on Certain history of fighting with police officers and that it was assumed from the earliest trea- Fiscal Practices at the Legal Services assaulting women. But the tribal court for ties that the tribes did not have jurisdiction Corporation,’’ dated September 25, 2006 the Eastern Band of the Cherokee, under over non-Indians. whose jurisdiction he lives, couldn’t sentence be printed in the RECORD at the end of ‘‘If you go to Canada and rob someone, you him to more than one year for any charge. my remarks. Also, I commend to my will be tried by Canadian authorities. That’s Not when he left telephone messages threat- sovereignty,’’ says University of Michigan colleagues a GAO report entitled ening to kill an ex-girlfriend, not when he law professor and tribal criminal-justice ex- ‘‘Legal Services Corporation Govern- poured kerosene into his wife’s mouth, not pert Gavin Clarkson. ‘‘My position is that ance and Accountability Practices when he hit her with an ax handle. tribes should have criminal jurisdiction over Need to be Modernized and Strength- ‘‘We put him away twice for a year, that’s anybody who commits a crime in their terri- ened,’’ dated August of 2007. all we could do,’’ says James Kilbourne, tory. The Supreme Court screwed it all up The PRESIDING OFFICER. Without prosecutor for the tribe. ‘‘Then he got out and Congress has never fixed it.’’ objection, it is so ordered. and committed the same crime again.’’ Jeff Davis, an assistant U.S. Attorney in Indian tribes are officially sovereign na- Michigan who handles tribal-land cases, ac- (See exhibit 2). knowledges that his hands are often tied. Mr. Mr. THUNE. Mr. President, I do not tions within the U.S., responsible for run- ning services such as schools and courts. But Davis is also a member of North Dakota’s believe an organization that has re- a tangle of federal laws and judicial prece- Turtle Mountain Band of Chippewa. ‘‘I’ve ceived such stinging criticism from the dents has undermined much of their legal au- been in the U.S. Attorney’s office for 12 GAO about management practices and thority. As a result, seeking justice on In- years, and both presidents I have served its handling of taxpayer dollars should dian reservations is an uneven affair. under have made violent crime in Indian be receiving such a substantial in- Tribes operate their own court systems, country a priority. But because of the juris- crease in funding that is reflected in with their own judges and prosecutors. dictional issue and questions over who has Sharply limited in their sentencing powers, authority and who gets to prosecute, it is a the underlying bill. My amendment difficult situation.’’ simply reduces a $40 million increase they are permitted to mete out maximum jail time of only 12 months for any crime, no Often cases don’t rise to the level of felony Federal crimes unless the victim has suf- to a $20 million increase for the Legal matter how severe. The law also forbids trib- fered a severe injury. Federal prosecutors Services Corporation for fiscal year al courts to prosecute non-Indians, even have limited resources and focus almost ex- 2008. That is, the Legal Services Cor- those living on tribal land. clusively on the most serious cases. Federal prosecutors can intervene in seri- poration would still receive an increase Compounding that is the fact that domestic- ous cases, but often don’t, citing the long under my amendment, just not nearly abuse cases are difficult to prove, especially distances involved, lack of resources and the as substantial as originally reflected in if the lone witness recants. the underlying bill. cost of hauling witnesses and defendants to ‘‘It requires stitches, almost a dead body,’’ As I said earlier, we must begin to federal court. In the past two decades, only says Mr. Davis. ‘‘It is a high standard to 30% of tribal-land crimes referred to U.S. at- meet.’’ choose priorities. Should we provide torneys were prosecuted, according to Jus- more badly needed funding to fight vio- For some non-Indians, tribal lands are vir- tice Department data compiled by Syracuse tual havens. Chane Coomes, a 43-year-old lent crime in Indian country or should University. That compares with 56% for all white man, grew up on the Pine Ridge Res- we reward an organization that is en- other cases. The result: Many criminals go ervation in South Dakota—home to the Og- gaged in wasteful spending of taxpayer unpunished, or minimally so. And their vic- lala Lakota, near the site of the infamous dollars by providing a massive increase tims remain largely invisible to the court 1890 massacre at Wounded Knee. Marked by a over the President’s recommendation system. small obelisk, the mass grave is a symbol of of $300 million, and a massive increase The justice gap is particularly acute in do- unpunished violence, literally buried in the mestic-violence cases. American Indians an- soil of the tribe. The 2000 census documented even compared to the amount of fund- nually experience seven sexual assaults per Shannon County, which encompasses the re- ing it received in the last fiscal year of 1,000 residents, compared with three per 1,000 mote and desolate reservation, as the sec- $348 million? among African-Americans and two per 1,000 ond-poorest county in the U.S., with an an- I urge the Senate to join me in vot- among whites, says the Justice Department. nual per-capita income of $6,286 at the time. ing for more funding to help reduce The acts are often committed by non-Indians Only Buffalo County, SD, was poorer.

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12856 CONGRESSIONAL RECORD — SENATE October 15, 2007 According to local authorities, Mr. Coomes of Tears.’’ Today the tribe is spread across and weapons assaults—one for an incident used his home on the reservation as a sanc- five counties and is economically well off: It when he hit his wife with an ax handle, tuary, knowing he would be free from the at- takes in more than $200 million annually breaking her wrist. His latest arrest, in Sep- tentions of tribal prosecutors. from the Harrah’s Cherokee Casino & Hotel, tember, came about a week after he finished Tribal Police Chief James Twiss says Mr. which it owns, and has a robust tourist in- his most recent sentence, when he came Coomes was suspected of dealing in small dustry. About half of the tribe’s gambling home and beat his now-estranged wife— amounts of methamphetamine for years. spoils go to pay for infrastructure and gov- again. Tribal police also thought he might be traf- ernment services. After seven years, his crimes finally trig- ficking in stolen goods. Its court, which is housed in a prefab- gered federal involvement, although almost In 1998, Mr. Coomes assaulted a tribal ricated building, looks like any other in the by accident. Federal prosecutors from elder, Woodrow Respects Nothing, a 74-year- U.S., except the judges wear bright, red around the country met at Cherokee earlier old decorated World War II and Korean War robes. The offices, while cramped, are mod- this year to discuss crime on tribal land. One veteran. Because it couldn’t prosecute, the ern and computerized, and are a little over federal official mentioned to Mr. Kilbourne, tribe ordered Mr. Coomes off its land. But at- one hour’s drive from the federal prosecu- the tribal prosecutor, a new statute that al- tempts to remove him were unenforceable. tor’s office in Asheville. Tribal authorities lows federal intervention where defendants ‘‘All I could do was to escort him off the meet regularly with federal prosecutors for have at least two domestic-violence convic- reservation,’’ says tribal police officer training. The tribe’s top jurist is a former tions, regardless of the crime’s seriousness. Eugenio White Hawk, who did that several federal prosecutor who has regular contact Mr. Kilbourne, who was preparing for a times, the last when he spotted the banned with his successors. new trial against Mr. Crowe the following man hauling horses in a trailer. ‘‘He kept Yet even here, the justice system works er- week, quickly turned the case over. Mr. coming back. After a while I just left him ratically. In 2005, tribal police received a tip Crowe pleaded guilty to assault last Friday alone and let it go. It was just a waste of that James Hornbuckle, 46, an Oklahoma and is awaiting sentencing. time.’’ Cherokee who had moved to the reservation, Mr. Coomes remained in his Shannon was dealing marijuana. Officers built a case EXHIBIT 2 County home until 2006 when he was accused for weeks. They raided the business and then [From the Office of Inspector General, Sept. of beating his estranged wife in nearby Ne- Mr. Hornbuckle’s home, where they found 10 25, 2006] braska and threatening to kill her, according kilograms of marijuana, packaged in small REPORT ON CERTAIN FISCAL PRACTICES AT THE to Dawes County District Attorney Vance bricks. By tribe standards, it was a big haul, LEGAL SERVICES CORPORATION Haug. The crime was committed off the res- and authorities approached the U.S. Attor- EXECUTIVE SUMMARY ervation, and the subsequent investigation ney’s office. gave state authorities official jurisdiction. Gretchen Shappert, U.S. Attorney for the In response to a Congressional request, the After raiding his home, they found stolen Western District of North Carolina, says fed- Office of Inspector General (OIG) initiated a equipment as well as 30 grams of meth- eral sentencing guidelines for marijuana are review of allegations concerning fiscal prac- amphetamine and $13,000 hidden in the bath- so lenient, that ‘‘we’d need 50 kilograms in a tices, conflicts of interest, and general mis- room, along with syringes. typical federal case’’ to pursue it. The feds management at the Legal Services Corpora- Mr. Coomes is now in the Fall River Coun- rejected the case. tion (LSC). This report presents our findings ty Jail charged with possession of stolen If the state court had jurisdiction to pros- with respect to certain LSC fiscal practices, property, grand theft and unauthorized pos- ecute the crime, Mr. Hornbuckle might have including allegations of fiscal abuse and session of a controlled substance. He also received a three-year term. Instead, he wasteful spending. Other matters identified faces separate charges, of assault and ‘‘ter- pleaded guilty to the marijuana charge and for review will be addressed in subsequent re- roristic threats’’ related to his wife, in was sentenced to one year in tribal court. ports. Dawes County, NE. If convicted on the latter Recently the tribal council voted to perma- With respect to many of the allegations, charges, he faces up to six years in prison, nently ban him from the reservation, with our review found spending practices that Mr. Haug said. Mr. Coomes’s attorney de- backing from the feds. Messages left for Mr. may appear excessive and inappropriate to clined to comment. Hornbuckle’s attorney weren’t returned. LSC’s status as a federally-funded non-profit The jurisdictional quagmire also has impli- Mr. Crowe’s name is all too familiar on the corporation, particularly in light of its mis- cations for Indian members on the other side reservation. Tribal Police Chief Benjamin sion in distributing taxpayer dollars to fund of the tribal border. Gene New Holy, an am- Reed has known him since he was a juvenile. legal services for the poor. We also found a bulance driver on Pine Ridge, had been ar- ‘‘What I remember is his domestic-violence number of transactions which did not follow rested by the tribe more than a dozen times incidents. He just wouldn’t stop,’’ Mr. Reed LSC’s own policies and a number which for various drunk-driving offenses, for which says. would be impermissible under the rules gov- he received only two convictions totaling Crystal Hicks, who dated Mr. Crowe before erning federal agency spending. While gen- about a month in a tribal jail. In state court, his marriage, says the tribal member was erally those rules are not directly applicable four convictions would have led to a max- verbally abusive. She says she left him after to LSC, they provide a familiar reference imum sentence of five years. she had a miscarriage, when he berated her point for Congressional overseers and the Lance Russell, the state prosecutor for for not giving him a ride to a motorcycle public. Our principal findings and rec- Shannon County and neighboring Fall River gathering. ‘‘He said I was using the mis- ommendations are summarized below: County, had never heard of Mr. New Holy carriage as an excuse,’’ says Ms. Hicks, 27 We found the cost of food at Board of Di- until Feb. 11, 2001, when Mr. New Holy got years old. rectors meetings appeared excessive in some drunk at a Fall River County bar. According After that, in several telephone messages instances and should be reduced. In nine of to court documents, he nearly hit one car on saved by Ms. Hicks and her family, Mr. the eleven Board meetings that we were able a main highway, forced two others into a Crowe threatened to kill them and bury Ms. to examine, we found that the total cost of ditch and sideswiped a third that had pulled Hicks in her backyard. He was jailed by the food was equivalent to more than 200 percent off the road as Mr. New Holy approached it tribe and ordered to stay away from the of the applicable per diem food allowance. in the wrong lane. Hicks family. We found lunch costs at the January 2006 The last car he hit contained three tribe ‘‘One year,’’ says Ms. Hicks. ‘‘He even told Board meeting to be more than $70 per per- members—cousins Bart Mardinian, Anthony me he was fine in jail. He got fed three times son, afternoon snack breaks costing as much Mousseau and Russell Merrival—all of whom a day, had a place to sleep and he wasn’t as $27 per person, and a total hotel food cost died. The accident was less than a mile off going to be there long.’’ (breakfast, lunch, and snacks) of $8,726 for the reservation, enough to give Mr. Russell After he married, the violence escalated, the entire two-day meeting. We also found and the state jurisdiction in the case. Mr. says Police Chief Reed. During one incident the contracting process for Board meetings New Holy is serving 45 years in state prison he drove to the home Mr. Crowe shared with was not in compliance with LSC’s own poli- for three counts of vehicular homicide— his wife, Vicki. ‘‘He had threatened her, and cies. LSC did not generally follow its com- much longer than the 12 months per count he dug a grave, and said no one would ever find petitive contracting practices in selecting a would have served under tribal law. His at- her. We believed him,’’ Mr. Reed said. ‘‘Just hotel venue for Board meetings or properly torney didn’t return a call seeking comment. look at some of the stuff he’d done. That girl document the selection process or the jus- ‘‘The holes in the system are more prac- was constantly coming down here, her face tification for the selection. Finally, we found tical than legal, and the victims of crime pay swollen up.’’ At one point, he choked his LSC could save thousands of dollars by hold- the price,’’ says Larry Long III, the South wife, poured kerosene into her mouth and ing its local, Washington, D.C., board meet- Dakota attorney general. ‘‘The crooks and threatened to light it, police reports say. Mr. ings at its headquarters rather than at a the knotheads win.’’ Crowe’s attorney didn’t return calls seeking hotel. The Eastern Band of Cherokee, located in comment. We found that the LSC Chairman’s author- the Smoky Mountains of North Carolina, is None of these acts led to more than one ization to allow the LSC president to travel one of the most efficiently run tribes in the year in jail, a sentence he has been given to or from any of her homes in connection country. Its ancestors hid in these moun- twice since 2001. His criminal file at the trib- with official travel was contrary to the tains while Cherokee east of the Mississippi al court building fills a dozen manila folders. terms of the General Services Administra- River were forcibly moved to present-day There are reports of trespassing and assault tion (GSA) travel contract and LSC’s obliga- Oklahoma, a migration known as the ‘‘Trail convictions, telephone harassment, threats tions as a mandatory user thereunder. We

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12857 also found that the LSC president’s use of a Our overall recommendations to the LSC deed, LSC, ‘‘[a]s a matter of principle, [is] foreign air carrier violated GSA’s regula- Board and LSC management include the fol- committed to being a careful and frugal tions implementing the Fly America Act, lowing: steward of taxpayer funds [and declares that which LSC is contractually bound to follow. Undertake a comprehensive review to it has] strict policies in place to ensure LSC Further, we question the use of LSC funds to bring LSC’s spending policies and practices, funds are spent wisely and appropriately.’’ pay expenses associated with the LSC presi- particularly in the areas of travel, meals, dent’s continued service in various capac- meetings, and entertainment, in line with The PRESIDING OFFICER. The ma- ities with outside organizations with which those applicable to Federal agencies, and re- jority leader is recognized. she was involved prior to her selection as quire that the board review and approve any Mr. REID. Mr. President, before my LSC president. deviation from Federal practice. We found that LSC officials traveled first Review the overall cost of LSC board meet- friend leaves the floor, one of the areas or business class in three instances. In one ings to determine whether there are ways to we need to get to—and I want to do it instance in 2005, the LSC Chairman traveled reduce costs. Also, require that LSC’s com- before we leave on November 16—is In- first class round trip from Atlanta, Georgia, petitive requirements are followed in con- dian health, which is something that is to Washington, D.C. The first class ticket tracting for board meeting locations. long overdue. If we talk about people was less than a government ticket on the Provide training and education for LSC who need health care, everybody would same flights. In a second instance in 2005, the staff to ensure that all LSC policies are fol- stand in line as second in need to the LSC president traveled one-way first class to lowed, particularly in the areas of con- an international legal aid conference in Ire- tracting and the Federal Travel Regulation Indians around this country. We have a land at an additional cost to LSC. Instead of related to the GSA City Pair Contract. bill, and the Finance Committee is in using the government fare initially booked, Review LSC employment policies and prac- the process of getting money to get it the president was ticketed full fare coach, tices to determine if there are opportunities done. It is not everything we need, but allowing her to secure an immediate first to reduce its potential liability, and review it is starting something that is long class upgrade as a frequent flyer member, its settlement policies and practices to de- overdue. which would not be available immediately termine whether costs can be reduced and with a government ticket. Finally, an LSC whether they are in the best interest of the I say to my friend, who has the most vice president traveled business class round corporation and appropriate expenditures of needy reservation—Pine Ridge—in the trip to Melbourne, Australia, to attend the public funds. country that we need to have the time 2001 International Legal Aid Conference. As LSC Response: The LSC Board and man- to get rid of some of these appropria- the trip was well in excess of 14 hours, it ap- agement responded positively to a draft copy tions bills so we can do something pears that business class would have been of this report. They have agreed to imple- about Indian health. I have made a ment substantially all of the report’s rec- authorized for this trip under the Federal commitment that we are going to do Travel Regulation. ommendations. In some cases, they have al- We estimate that LSC spent over $100,000 ready taken steps to do so, as noted in the that some way before we leave this leg- on coffee, holiday parties and picnics, work- specific recommendations within the report. islative year. We have to do that piece ing lunches, and business entertainment, BACKGROUND of legislation. I know my friend from going back as far as August 2000. These ex- LSC is a private, non-profit corporation es- South Dakota understands the need in penditures did not violate LSC policy. While tablished by Congress in 1974 to help provide Indian Country for health care. As I LSC is generally not subject to Federal equal access to the system of justice in our said, it is great that we want to take spending practices, these expenditures would nation to those who otherwise would be un- care of the children’s health initiative, be impermissible under those practices and able to afford adequate legal counsel by we question whether many of them were rea- which is important because we have 50 making financial support available to pro- sonable and necessary, and whether they million people with no health insur- vide high quality civil legal assistance. In es- were appropriate for LSC. ance. All those problems are really in tablishing LSC, Congress explicitly recog- We found LSC has spent over $1 million in the shadows of how badly it is needed nized ‘‘providing legal assistance to those the past 10 years in settlement agreements who face an economic barrier to adequate in Indian Country. with departing employees. We concluded that some of the allegations legal counsel will serve best the ends of jus- Mr. KERRY. Mr. President, today I were unfounded, or could not be substan- tice, assist in improving opportunities for filed an amendment with Senator low-income persons,’’ and that the avail- tiated. Specifically: GRAHAM as a cosponsor which may pro- ability of legal assistance ‘‘has reaffirmed We found no evidence of excessive or undis- vide up to $2 million, within the De- closed bonuses or of other confidential or in- faith in our government of laws.’’ LSC has said, ‘‘The goal of providing equal access to partment of Justice Office of Justice direct payments by LSC to the LSC presi- Programs account, for the Sex Offender dent. We found no evidence of any ‘‘secret justice for those who cannot afford to pay an deal’’ between the LSC president and the attorney remains the reason for LSC’s exist- Sentencing, Monitoring, Apprehending, LSC Board of Directors. ence and the benchmark for its efforts.’’ Registering and Tracking, SMART, Of- We did find, however, that the LSC presi- LSC’s statutory mission is to provide ‘‘fi- fice. The funding will be used to help dent has been receiving a ‘‘Locality Pay’’ nancial support for legal assistance in non- hire additional staff and cover expenses supplement at a rate that is 1 percent of sal- criminal proceedings or matters to persons for the office. The SMART Office was ary greater than that received by any other financially unable to afford legal assist- ance.’’ Pursuant to its mission, LSC funds created by the Adam Walsh Act to help LSC employee, all of whom work in Wash- States change their sex offender reg- ington, D.C. (The Inspector General also re- 138 non-profit legal aid organizations across ceived locality pay with a 1 percent differen- the United States and its territories to ad- istry statutes to come into compliance tial for the first four months of his employ- dress the most basic and critical civil legal with the law. Currently, the SMART ment. This ended December 2004.) We ques- needs of the poor. Controlling statutes re- office is only funded through various tioned the propriety of such a payment. Lo- quire that LSC choose grantees to provide discretionary accounts, so it is critical cality pay rates by their nature are geo- such legal assistance to the poor through a that we ensure they have enough staff graphically based; under the Federal system process of competitive bidding, and also re- and resources to help enforce this im- quire LSC to ensure grantee compliance with there would be no variation for an individual portant law to protect our commu- payee within a given area. applicable laws and implementing regula- We did not find unreasonable LSC’s jus- tions and guidelines, and to ensure the main- nities. tification for holding a board meeting in tenance of high quality service. LSC is re- Mr. President, today I filed an Puerto Rico. LSC stated that it was appro- quired to ensure that grant dollars are pro- amendment with Senator KENNEDY as a priate to visit the largest LSC grantee and vided so as to make the most economical and cosponsor which would authorize the effective use of its taxpayer-provided re- meet with various judicial officials and Director of the Federal Prison System members of the bar who are involved in pro- sources in the delivery of legal assistance to moting the delivery of legal services to low- eligible persons. to carry out a pilot program to assist income individuals in Puerto Rico. LSC is wholly funded through taxpayer the children of female prisoners. The We did not find widespread first-class trav- dollars; its 2006 annual appropriation was pilot program can be developed at any el and found only one instance of question- $326.6 million, including $12.7 million to sup- Federal correctional facility that able first-class travel. port LSC headquarters operations (not in- houses women in the United States. We did not find LSC spending practices cluding the OIG). Given its mission as the Specifically, the amendment gives the violated any laws. However, we did find that principal provider of federal funds for legal Director of the Federal prison system LSC is not adhering to its contractual obli- assistance to the poor and its status as a gations under the GSA City Pair Contract, quasi-federal agency, it is reasonable to ex- discretion to make expenditures to in- as well as instances where it is not following pect that LSC management should conform stitute a pilot program for nonviolent its own controls and procedures regarding to the highest standards with respect to fis- female offenders and their children up spending, contracting, and travel. cal responsibility and accountability. In- to age 36 months to allow the children

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12858 CONGRESSIONAL RECORD — SENATE October 15, 2007 to be housed, fed, and cared for in Fed- NASA, and forgetting the ‘‘Aero- luncheon. On this day, I hope that Ne- eral, or federally contracted, correc- nautics’’ component of the agency’s vada and our Nation will recognize tional facilities housing women, in pro- mission would be a grave mistake. Safe Nest’s years of success and hard grams specifically designed to benefit Once again, I congratulate my col- work. mother and child. leagues on a well formulated piece of Finally, I would like to recognize the Mr. LIEBERMAN. Mr. President, I legislation, and I urge the President to S.A.F.E—Stop Abuse in the Family En- rise today to thank my colleagues Sen- sign this bill into law. vironment—House for their work. ator MIKULSKI and Senator SHELBY for f S.A.F.E. House is a community based their first-class work on the Fiscal organization that provides counseling, Year 2008 Commerce, Justice, Science, MORNING BUSINESS advocacy, and intervention for victims and Related Agencies Appropriations Mr. REID. Mr. President, I ask unan- of domestic abuse. In addition, bill. They have written legislation that imous consent that the Senate proceed S.A.F.E. House collaborates with orga- strengthens communities against to a period of morning business, with nizations across Nevada to search for crime and terrorism, provides impor- Senators permitted to speak therein ways to end domestic violence. For ex- tant research dollars for science and for up to 10 minutes each. ample, on October 25, S.A.F.E. House technology, and protects jobs here in The PRESIDING OFFICER. Without and the state chapter of National Orga- the United States against unlawful objection, it is so ordered. nization for Women will team up to trade practices. f bring awareness to domestic violence. I Unfortunately, we know from Fed- DOMESTIC VIOLENCE MONTH am pleased to commend S.A.F.E. House eral crime statistics that violent crime for motivating hundreds of Nevadans is on the rise in the United States. To Mr. REID. Mr. President, I rise today to take action in their community. combat this increase, we must make a in recognition of Domestic Violence It is also important to recognize commitment to boost Federal support Month. During the month of October, I thousands of other organizations in Ne- for State and local law enforcement. urge my fellow colleagues and Ameri- vada and our Nation that have com- This bill contains $2.66 billion for com- cans to join me in committing to end mitted time, labor, and financial re- munity police departments, $26 million violence in our homes. It is my hope sources to help victims of domestic to hire an additional 100 FBI agents to that we can stand together this month abuse. Please join me in commending fight violent crime, and $5 million for and show abusers that we will not tol- the dedicated efforts of those individ- the FBI to create a task force on gang erate their actions. uals who work each day to stop aggres- violence. Since the terrorist attacks on We must never forget that domestic sion in our homes. With their example September 11, we have asked our local violence is a wide spread ailment with in mind, I hope that Congress can re- law enforcement officials to assume devastating implications. Domestic vi- flect and take action during this im- yet another role in protecting citizens, olence affects not only the victims of portant month. I urge all Americans to namely homeland security. I believe abuse, but their families and commu- participate in Domestic Violence that the Federal Government must nities as well. The consequences of do- Month activities and pledge to make step in and provide a share of the re- mestic abuse do not end with the vio- this issue their own. lence. Victims lucky enough to escape sources to community policing for f their efforts. their abusers are sometimes left with I also commend my colleagues for no home, no money, and no means to NATIONAL LATINO AIDS the impressive funding package they support themselves. And most unfortu- AWARENESS DAY have devised for science and tech- nately, children are often caught in Mr. REID. Mr. President, October 15 nology. This year, along with Senator middle of this tragedy. With as many is the fifth annual National Latino BOND, I helped lead the charge in the as three million women experiencing AIDS Awareness Day, NLAAD. I rise in Senate for an increase in the National abuse a year, it is clear we must do observance of this important day to in- Science Foundation’s budget. This bill more to prevent these crimes and help crease our understanding of the Latino includes over $6.5 billion for the NSF, those who are victims. community’s struggle with the HIV/ with a substantial $850 million for edu- That is why I would like to recognize AIDS epidemic. As we draw attention cational programs to develop the next several organizations that have done to the devastating impact of the HIV/ generation of leaders in science, tech- extraordinary work to protect the vic- AIDS crisis on the Nation’s Latino pop- nology, and math. The future of inno- tims of domestic violence in Nevada. ulation, let us recognize the resulting vation rests upon our ability to recruit For almost 20 years, the Shade Tree call to action as well. more talented students who want to has provided shelter to abused women, When America first observed the an- pursue careers in science and engineer- and their families. Now, Shade Tree nual National Latino AIDS Awareness ing. Looking at the challenges the has taken on another aspect of domes- Day in 2003, we took stock of the dis- United States faces in maintaining tic violence. On October 9, 2007, Shade maying statistics on HIV/AIDS among global economic leadership, a compara- Tree opened Noah’s Animal House, a Latinos. Even though they comprise 14 tively small investment now in the Na- shelter for the animals of battered percent of the U.S. population, they ac- tional Science Foundation will provide women. Shade Tree realized that ani- counted for 19 percent of the new HIV exponential benefits for years to come. mal abuse occurs in 85 percent of infections estimated to occur in the Finally, I commend the adoption of homes from which battered women ar- country each year. Over 71,000 Latinos Senator MIKULSKI and Senator SHEL- rive. Of those, 20 percent refuse to were thought to be living with AIDS, BY’s amendment to add $1 billion to leave their abusers without their pets. constituting one-fifth of all AIDS pa- NASA’s budget for this upcoming fiscal Shade Tree’s commitment to ending tients in America. Of those, teens and year. Along with several other Sen- domestic violence knows no bound- women were among the Latino popu- ators, I was a proud co-sponsor of this aries, and I know its impact on count- lation subgroups considered especially amendment, and I laud its adoption by less lives will continue. hard hit by the HIV/AIDS epidemic. unanimous consent. The additional The Safe Nest is another important These troubling disparities persist funding will enable NASA to revive its organization that has made tremen- today. Latinos continue to be over- basic science programs, such as its dous strides in ending domestic vio- represented among HIV/AIDS patients, earth science and aeronautics research lence in Nevada. Safe Nest recognizes the greater barriers they face in ac- initiatives. Global warming is a re- the importance of addressing all sides cessing care have not gone away, and ality, and NASA’s capabilities make it of domestic violence and helps with a too many remain in the dark about the uniquely positioned to provide the range of services from court advocacy importance of prevention. While ad- world’s scientific community with to crisis intervention. Safe Nest also vances in medical technology have im- vital data about changes in Earth’s at- serves Nevada by sheltering victims proved the outcome for HIV/AIDS pa- mosphere and the subsequent impact and educating the public. On October tients in general, these benefits are on climate. Furthermore, we must re- 19, Safe Nest will hold its annual Do- also not reaching Latinos on par with member that there are two ‘‘As’’ in mestic Violence Awareness Month the rest of the population. Underlying

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12859 all these statistics is the sobering mes- ophy and writing poetry. In fact, I un- Chesapeake Bay. Also, I commend her sage that HIV/AIDS still devastates derstand he gave his wife a book of his diligent leadership in the removal of real people and real families across the unpublished poetry this summer. Jo- the James River Reserve Fleet from Latino community. It is a message seph loved his family unconditionally Newport News. From her support for with special significance for me as the and cherished spending time with his the Rappahannock River Valley Na- senior Senator from Nevada, where 18 son, nieces, and nephews. tional Wildlife Refuge to her concern percent of the newly diagnosed are Sergeant Milledge was very dedicated with the preservation of Dragon Run or Latinos. to his country and the cause for which providing funding for oyster restora- We must be mindful of other statis- he was fighting. His mother explained tion, she always put the quality of Vir- tics that provide context. According to that he didn’t want to go back for a ginia’s environment above politics. the U.S. Census, individuals of Latino second tour because of his family but With sincere passion and concern, or Hispanic origin numbered over 44 did so because he knew it was his duty Representative Davis worked to im- million in 2005. They are also the fast- to his country. Carla Milledge said, prove our Nation’s armed services and est growing minority group in the Na- ‘‘You couldn’t have asked for a better the lives of the men and women who tion. In Nevada alone, the Hispanic father or husband. He loved his wife bravely answer the call to duty. She population has soared by 40 percent and son. He loved them with his whole provided strong representation for the from 2000 to 2005. being.’’ communities in and surrounding the All these factors highlight the need I know his loss will be felt very Naval Surface Warfare Center at Dahl- to reverse the course of the epidemic strongly, not least by his infant son. gren and the Marine Corps base at among Latinos, if we are to make head- But, as his wife Carla said, ‘‘He’ll know Quantico, ensuring that these facilities way against HIV/AIDS in America. his daddy was a hero and died for what continue to make important contribu- Fortunately, the disparities and chal- he believed in.’’ Sergeant Joseph B. tions to protecting the Nation and to lenges facing the Latino community Milledge is indeed a great American the economic foundations of their re- also point to the steps we can take. hero who will be remembered for his spective areas. Her initiative to in- From teaching health care providers to courage, his strength, and his love. He crease the life insurance benefit paid to deliver culturally competent care to gave the ultimate sacrifice for his fam- survivors of military members and her funding vital programs like the Ryan ily, friends, and country, and we are advocacy on behalf of the rights and White CARE Act, these steps are crit- forever grateful. benefits of Federal employees will con- ical to winning the fight against HIV/ f tinue to be appreciated in the years AIDS. ahead. TRIBUTE TO JO ANN DAVIS Educating and engaging the public I have always admired Representa- remains a cornerstone of our efforts. In Mr. WARNER. Mr. President, the tive Davis for her strong convictions southern Nevada, for example, non- First Congressional District of Virginia and the tenacity that she brought to profit organizations are partnering is, like all of Virginia, a unique treas- bear in acting on them. She fought a with public health officials to provide ure. Beginning not far from the Na- courageous struggle against cancer, HIV testing and information to the tion’s Capital, it stretches down Vir- and I will miss her insights and her public in observance of National Latino ginia’s eastern coast along the Chesa- friendship in our Virginia congres- AIDS Awareness Day. Similar events peake Bay, as far south as the cities of sional delegation. are expected to take place across the Newport News and Hampton. Today, I close with a personal note that we Nation. the First District is home to crucial both shared interests in equestrian ac- National Latino AIDS Awareness national defense resources, like the tivities. There is an old English saying Day is a time not just to spread the Marine Corps’ installation at Quantico that ‘‘the outside of the horse is good word about HIV/AIDS issues specific to and Langley Air Force Base. It is also for the inside of the man.’’ As an avid, the Latino community. It is also a day home to national historic landmarks accomplished rider, she often quipped of hope, an opportunity to reflect on like Jamestown, Yorktown, and Wil- with me that the saying applies equal- the milestones we have reached and to liamsburg, places that gave birth to ly to a woman. She loved the noble reaffirm the goals and ideals of this Virginia and that are forever tied to horse. day. So, in looking toward the future, the independence of our Nation and our I join with my colleagues from the let us all renew our commitment to Constitution. Commonwealth and from the entire ending the HIV/AIDS crisis—among On October 6, 2007, the people of Vir- U.S. Congress in expressing my deepest Latinos and all Americans everywhere. ginia’s First Congressional District sympathies to her husband, her two f lost one of its most respected and ad- sons, and her extended family. They mired leaders, a dedicated Member of will remain in our thoughts and pray- HONORING OUR ARMED FORCES Congress and loyal friend, Representa- ers during the difficult days ahead. SERGEANT JOSEPH B. MILLEDGE tive Jo Ann Davis. It is with deep sad- f Mr. GRASSLEY. Mr. President, it is ness that I share my thoughts on the with great sadness that I must inform passing of my colleague. BAN ASBESTOS IN AMERICA ACT the Senate of the death of Sergeant Jo- Born in North Carolina, Jo Ann Davis Mrs. MURRAY. Mr. President, In the seph B. Milledge a Glenwood, IA, na- attended Hampton Roads Business Col- nearly 7 years that I have worked to tive who was killed in Iraq on October lege in Virginia, later obtaining her pass the Ban Asbestos in America Act, 5, 2007, during combat patrol in Bagh- real estate license and real estate bro- I have been aided by so many dedicated dad. Sergeant Milledge was part of the ker’s license over the next several and driven individuals without whom 3rd Squadron, 2nd Stryker Cavalry years. In 1990, she started her own com- this day would not have been possible. Regiment, 1st Armored Division sta- pany, Jo Ann Davis Realty, and fol- I wish to take a minute to thank them tioned in Vilseck, Germany. My lowed this successful endeavor with a for all they have done. thoughts and prayers go out to his fam- run for public office in 1997. Serving as I would like to begin by thanking my ily and friends, especially his wife a delegate in the Virginia General As- entire personal staff who have taken on Amanda and their 1-year-old son Jo- sembly for 4 years, Jo Ann Davis be- this fight with me. Over 7 years many seph, Jr., as well as his parents, Carla came the first Republican woman to of them have come and gone, but I and Jack. serve Virginia in the U.S. Congress know they are all very proud today be- Joseph Milledge was born in Council after winning election in 2000. cause each and every one of them, in Bluffs, IA, and later moved to Glen- Representative Davis was a relentless their own unique way, has helped this wood with his family where he at- champion for the needs of the First effort along. tended high school. He enlisted in the District. It was my privilege to work In particular I would like to thank U.S. Army in August 2003, a year after with her on many matters, ranging Bill Kamela who, as the head of my he graduated. By all accounts, Joseph from national defense to the environ- HELP Subcommittee on Employment was a highly literate man who enjoyed ment, and in that regard she worked and Workplace Safety, has carried the reading books on religion and philos- hard to improve the health of the torch on this issue for so many years.

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12860 CONGRESSIONAL RECORD — SENATE October 15, 2007 Bill has sat with me in countless meet- surgents launched over a dozen com- Vaughn, ‘‘she never pushed me to be ings reassuring widows, clearing legis- plex attacks against his position, uti- something I’m not, but she pushed me lative hurdles, and pledging to all to lizing more than 120 rounds of indirect to realize my potential. She always make this ban a reality. Bill’s hard fire, IDF, AK–47 and PKC fire, vehicle supports me and, from the time I was work and expertise have been essential borne improvised explosive devices, young, told me to do what I am capable to making this possible. I would also VBIEDs, improvised explosive devices, of doing, and be the best at it. Her and like to thank Anna Knudson, a former IEDs, and sniper fire. Major Ward com- my family’s belief in me is what pushes member of my staff who had the vision manded his marines through these at- me to do what I do, and accomplish and passion to begin this effort. tacks and usually led the counter- what I have.’’ Maria is a remarkable I would like to thank Bill’s hard- attack against enemy forces. From woman herself, raising Vaughn and his working staff Crystal Bridgeman, Mike March through October, Charlie Com- sister, Shellie, through many years of Waske, and Janice Camp who lent their pany engaged the enemy over 130 hardship alone, yet, in Vaughn’s words, know-how and support to this effort at times, conducted nearly a thousand ‘‘never leaving us wanting for any- a critical juncture. foot and vehicle patrols, and carried thing.’’ I would like to thank Alex Glass and out over 100 raids against insurgent lo- Vaughn also points to mentors that my entire press office for their work in cations. have been there for him along the way spreading the word about the impor- Major Ward’s military honors are and helped him during his formative tance of this effort. And I would like to only the latest in a career marked by years—from a first-grade teacher who thank Pete Weissman who recently left excellence, leadership, and achieve- took the time to care to coaches in my office but whose words often helped ment. After graduating from Boise high school who acted as role models. drive home the urgency of this effort. I State University, he worked on Capitol At age 7, his stepfather, Andrew Ward, would also like to thank Mike Spahn Hill as a legislative aide for former a former Marine Corps officer, intro- who worked with me on the Senate Senator Dirk Kempthorne in 1993. He duced Vaughn to hunting and hiking in floor to guide this bill to passage joined the Marine Corps in 1995 and the Idaho mountains and taught him I also want to recognize and thank served until 2000, whereupon he entered how to ride a motorcycle. He also calls Dr. Barry Castleman, Chris Hahn from the University of Maryland and ob- his grandfather, William Tews, the pri- the Mesothelioma Applied Research tained his masters in business adminis- mary male influence in his life. ‘‘My Foundation, MaryAnne Dunlap from tration, MBA, in 2002. He continued his grandfather taught me how to shoot a Senator INHOFE’s office, Ed Egee from public service by joining the Central rifle, drive a tractor and what it means Senator ISAKSON’s office, Linda Intelligence Agency, CIA, where he to pull yourself up by your own boot- Reinstein from the Asbestos Disease trained as an operations officer and straps.’’ Vaughn continued stating that Awareness Organization, Dr. Aubrey served in the Middle East and Africa. ‘‘my grandpa, father, and coaches Miller, Dr. Greg Meeker, Dr. Richard In January 2006, Vaughn went on mili- shaped the life of a young man and Lemen, Dr. Mike Harbut, Dr. Harvey tary furlough from the CIA in order to those experiences gave me courage and Pass, Andrew Schneider of the Seattle reactivate with the Marines and serve confidence and opened up unique oppor- PI, and Matt Bergman. in Iraq. He left active duty in January tunities for me.’’ I also want to say that it has been a 2007 and resigned from the CIA in May Vaughn’s time in Iraq cemented and pleasure to work with Senator 2007. Vaughn, his wife Kirsten, and honed his leadership skills. Vaughn ob- ISAKSON’s staff, the staff from EPW, their daughter Ave´ will return home to serves that if the talk of leadership and Senator BOXER’s staff. Idaho in November. doesn’t translate into the action of It takes a lot of people to get some- Vaughn’s penchant for leadership and leadership, particularly in combat, thing done. A tremendous amount of hard work has its roots on a small fam- your credibility dissolves. In war, he people have worked on this. I thank ily farm in Shoshone. As young as 8 says, fear is a cancer, and leaders have them. Because of their work, we are years old, Vaughn was working at his to be willing to do themselves what going to ban asbestos, we are going to family’s farm, which included a dairy they order others to do. He lived this in dramatically expand research and with 70 cows, and a few thousand acres Iraq, personally leading foot patrols treatment, and we are going to launch of grain and hay, and hundreds of free- from the front against the advice of fel- a public education campaign so all range cattle. By age 11, Vaughn was op- low officers. He felt that it was wrong Americans understand how they can erating a tractor, plowing the fields in to order his subordinates to do some- protect themselves from the deadly as- the spring and fall and swathing the thing that he was unwilling to do him- bestos products that may be in their summer hay crops. He helped to run self. This bravery and commitment to home. the family farm throughout most of his walk and stand with his men meant f teenage years and feels very fortunate something to them. His award submis- to have had this childhood experience. sion in part reads: ‘‘Major Ward’s TRIBUTE TO MAJOR VAUGHN L. His grandfather homesteaded the farm, strong leadership style and his willing- WARD and it was there that Vaughn internal- ness to always lead literally from the Mr. CRAPO. Mr. President, I wish to ized a true appreciation for the impor- front inspired his Marines to continue recognize the valor, leadership, and tance of hard work. to engage the enemy.’’ service of MAJ Vaughn L. Ward, a He was cognizant at an early age of For Vaughn, excellent leadership also third-generation Idahoan who grew up the family’s financial challenges. At 14, means not being fully committed to working on his family’s farm in south- the age when many teenagers were one’s own ideas in the formulation ern Idaho. On October 22, 2007, Major spending their money on things like stage of the decisionmaking process. Ward received the Bronze Star Medal music, clothes, and a new electronic in- An effective leader knows how and with Combat Distinguishing Device for vention—computer games—Vaughn when to listen to the counsel of others, heroic achievement in combat while bought his family a Christmas tree. evaluate all available information, and serving as a Marine Rifle Company They would not have had one, other- have the confidence to make a decision Commander in Fallujah, Iraq, from wise. and execute that decision. Good leaders March to October of 2006. Vaughn credits his mom, Maria are accountable for their actions, good During 7 months of combat oper- Tranmer, with his success and his char- and bad, and a good leader shares acco- ations, Major Ward distinguished him- acter development. His mother re- lades with those who are part of the ef- self as an exemplary leader of Charlie counts the circumstances of his birth: fort—a leader, by definition, has to Company, 1st Battalion, 25th Marines, Due to complications, they did not ex- have able and committed followers. Regimental Combat Team 5. Charlie pect Vaughn to survive. When the doc- One of the lessons he learned in Iraq Company was centrally located in the tor came to his mother’s room, he said, was the result of the patrols that he center of Fallujah and colocated with ‘‘Little girl, I don’t know what this boy led regularly. He tells of patrolling in the Iraqi Police Headquarters. Insur- is going to do in life, but it’s going to unfamiliar territory and encountering gent forces regularly attacked this be something special.’’ Maria took times when the way ahead was unclear. strategic position. During the tour, in- these words to heart and, according to ‘‘All you could do was start walking,

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12861 and that was how you found your Binational Health Week originated as Anchorage as he had a hand in most of way.’’ an effort by Mexico’s Secretary of the roads and major projects in the Vaughn is a committed family man Health to direct health care services to city. and has the priceless gift of a sup- the underserved migrant populations Howard will be sorely missed by portive and loving wife. ‘‘My wife was living and working in the United countless Alaskans. Not surprisingly, my strength during the hard times States. The network of Mexican con- the Discovery Theatre at the Alaska when I suffered casualties and lost Ma- sulates throughout the country has Center for the Performing Arts over- rines. She was the only one I could talk partnered with U.S. Federal, State, and flowed with all those who came to cele- to, and I can’t believe how difficult it local agencies, Mexico’s Secretariats of brate and honor Howard’s life. Howard must have been to hear me broken up Health and Foreign Affairs, as well as is survived by his wife Roberta Carney; over the death of my Marines, and be private companies and foundations. son Aaron Holtan and his wife, Carrie powerless to do anything but listen and These growing partnerships and the in- Holtan; daughter Kathryn Holtan, now offer words of comfort, thousands of formation they provide have reached at Washington State University; grand- miles away. She got me through my de- an estimated 238,000 people across the children, Erik and James; and brother ployment.’’ Vaughn also has the sup- United States and Canada. Jay Holtan and his wife, Patricia O’ port and love of two sisters, Shellie We must continue to work together Gorman. I would like to extend my Amundson and Logan Tranmer, both at the Federal, State, and community condolences to his family and friends, who live in Idaho. levels with our friends throughout the and I wish his wife Roberta, who was Finally, Vaughn makes a point of world to encourage individuals and injured in the crash, a speedy recov- sharing the good things that our mili- families to practice healthy lifestyles. ery.∑ tary is doing in Iraq. He notes that Al I wish all those celebrating Binational f Anbar Province has been transformed Health Week every continuing success TRIBUTE TO DR. JEROLD F. over the past year. The marines of as they pursue new and exciting oppor- LUCEY Charlie Company engaged the enemy, tunities to promote health and well- purposefully, and fought al-Qaida on being in our communities. ∑ Mr. SANDERS. Mr. President, the terms determined by the U.S. military, f State of Vermont is proud that one of not the insurgents. As a direct result of its residents, Dr. Jerold F. Lucey, re- the actions of Vaughn’s company, the ADDITIONAL STATEMENTS cently received the Alfred I. duPont insurgents, at one point, issued a pub- Award for Excellence in Children’s Health Care. The award is offered each lic message that if the Marines of Com- IN MEMORY OF HOWARD HOLTAN pany C would stay ‘‘inside the wire,’’ year to an individual in the health care they would cease attacks on coalition ∑ Ms. MURKOWSKI. Mr. President, on profession who has made a major con- forces. Vaughn says, ‘‘We did not let September 22, 2007, lifelong Alaskan tribution to preventing childhood dis- them dictate how we did our job, and Howard Holtan died when his plane eases. we were successful. There are good sto- crashed during takeoff near Whittier, Dr. Lucey helped pioneer ries out there—stories that need and AK. Howard not only was a personal phototherapy to prevent infant jaun- must be told.’’ friend of mine but also to the hundreds dice. He also played an essential role in I have only highlighted a few of of Alaskan children he coached bringing artificial surfactants from Vaughn’s many accomplishments, both through the Alyeska Mighty Mites, a Japan to this country. The surfactants on the battlefield and off. He is more volunteer-operated ski racing program help premature newborns breathe, and than deserving of these accolades, al- for children. Under Howard’s guidance, since their introduction in the United though he is quick to point out that his my two sons developed their skills and States just over 15 years ago they have company deserves the responsibility a passion for ski racing while my hus- helped reduce infant mortality res- for his Bronze Star. We can only hope band and I volunteered as Mighty piratory distress rate by 90 percent. that men of Vaughn’s caliber will con- Mites parents. In addition, Dr. Lucey has developed tinue their public service to our great Howard began coaching skiing in the Vermont Oxford Network, which Nation as his generation begins to take 1971. He was the magic and the muscle links 700 medical institutions in 25 na- the reigns. I am honored to be able to behind the Mighty Mites, running the tions to a network that tracks data on tell of this remarkable Idahoan, his program almost singlehandedly from underweight-newborns, managing the family, and the men of Charlie Com- his personal laptop since the mid-1980s data of more than 50,000 infants each pany here in the Senate and privileged when he became the Mighty Mites di- year. This collaborative system has en- to publicly offer my humble thanks rector. Howard strove to introduce the abled advanced research, and the shar- and that of my family, State, and fundamentals and joy of alpine ski rac- ing of medical procedures that work, country for Major Vaughn Ward’s ex- ing to children of all abilities, while among pediatricians all over the globe. traordinary and valorous service to the also giving kids self-confidence, a sense Jerrold Lucey is Professor of United States of America, and I am of accomplishment, and an apprecia- Neonatology at the University of proud to call him an Idaho son. tion for good sportsmanship. Howard Vermont College of Medicine, where he ensured that lots of fun was had by all. f has taught for more than 50 years. He There is no doubt that he helped make also was the chief of Newborn Services BINATIONAL HEALTH WEEK the Mighty Mites one of the most suc- at Fletcher Allen Health Care medical Mr. LUGAR. Mr. President, I am cessful youth ski programs in America. center in Burlington, VT, and in addi- grateful for this opportunity to join In fact, Olympians Megan Gerety and tion served as editor-in-chief of the my many friends across the United Rosey Fletcher and former U.S. Ski journal Pediatrics for 35 years. States, Mexico, Canada, Guatemala, Team members Mike Makar and We in Vermont are very proud of the and El Salvador in celebrating the sev- Kjersti Bjorn-Roli started out as young work Dr. Jerold F. Lucey has done, enth annual Binational Health Week. Mighty Mites. For the ski community, both with infants in our State, and for Since its inception in 2001, Binational it will be hard to imagine a Mighty the health of children everywhere.∑ Health Week has afforded us an oppor- Mites ski race without Howard’s trade- f tunity to reflect upon and celebrate mark ‘‘cherub’’ smile or his presence the many successful efforts made here somewhere on the hill. TWENTY-FIRST ANNUAL AIDS in the United States in cooperation Howard’s passion for downhill skiing WALK PORTLAND with Mexican, Canadian, Guatemalan, and dedication to Alaska’s youth was ∑ Mr. SMITH. Mr. President, next Sun- and Salvadorian consulates and health almost matched by his commitment to day, October 14, dedicated residents of care providers to promote healthy life- public service—he spent 16 years work- the Portland area will gather for the styles and well-being amongst migrant ing for the municipality of Anchorage, 21st annual AIDS Walk, an event that populations that might otherwise lack and was promoted to director of project raises much needed funding to support access to important health care serv- management and engineering 8 years the work of the Cascade AIDS Project, ices. ago. Howard’s legacy is everywhere in CAP. I would like to recognize the

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12862 CONGRESSIONAL RECORD — SENATE October 15, 2007 commitment of the more than 10,000 and pool and spa drainage systems, by estab- at 202 South Dumont Avenue in Woonsocket, walkers who are expected to turn out lishing a swimming pool safety grant pro- South Dakota, as the ‘‘Eleanor McGovern for this year’s walk. Their efforts will gram administered by the Consumer Product Post Office Building’’. H.R. 2765. An act to designate the facility better enable CAP, as well as a number Safety Commission to encourage States to improve their pool and spa safety laws and of the United States Postal Service located of its community partners, including to educate the public about pool and spa at 44 North Main Street in Hughesville, Our House and Esther’s Pantry, to con- safety, and for other purposes. Pennsylvania, as the ‘‘Master Sergeant Sean tinue gaining ground in Oregon’s fight H.R. 2185. An act to amend the Tropical Michael Thomas Post Office’’. against HIV/AIDS. Forest Conservation Act of 1998 to provide H.R. 2778. An act to designate the facility In over two decades, AIDS Walk debt relief to developing countries that take of the United States Postal Service located Portland has generated over $2.8 mil- action to protect tropical forests and coral at 3 Quaker Ridge Road in New Rochelle, New York, as the ‘‘Robert Merrill Postal lion in funding for critical services pro- reefs and associated coastal marine eco- systems, to reauthorize such Act through fis- Station’’. vided to the 6,000 area-families who cal year 2010, and for other purposes. H.R. 2825. An act to designate the facility have a loved one living with HIV. I un- H.R. 2474. An act to provide for an in- of the United States Postal Service located derstand the challenges organizations creased maximum civil penalty for viola- at 326 South Main Street in Princeton, Illi- like CAP face in securing steady fund- tions under the Consumer Product Safety nois, as the ‘‘Owen Lovejoy Princeton Post ing to support their work. With State Act. Office Building’’. and Federal support declining in recent H.R. 2553. An act to amend the State De- H.R. 3052. An act to designate the facility of the United States Postal Service located years, more and more is being asked of partment Basic Authorities Act of 1956 to provide for the establishment and mainte- at 954 Wheeling Avenue in Cambridge, Ohio, the community and the private sector. nance of existing libraries and resource cen- as the ‘‘John Herschel Glenn, Jr. Post Office That is why I want to personally thank ters at United States diplomatic and con- Building’’. those participating in this year’s AIDS sular missions to provide information about H.R. 3106. An act to designate the facility Walk, as well as the generous corporate American culture, society, and history, and of the United States Postal Service located sponsors who have lent their support to for other purposes. at 805 Main Street in Ferdinand, Indiana, as ensure the event is a success. H.R. 2895. An act to establish the National the ‘‘Staff Sergeant David L. Nord Post Of- fice’’. While community efforts such as Affordable Housing Trust Fund in the Treas- ury of the United States to provide for the AIDS Walk Portland are a key compo- The enrolled bills were subsequently construction, rehabilitation, and preserva- signed by the President pro tempore nent in generating support for HIV/ tion of decent, safe, and affordable housing [Mr. BYRD]. AIDS services, I believe we can and for low-income families. should do more at the Federal level. H.R. 3056. An act to amend the Internal f While participants will be ‘‘taking a Revenue Code of 1986 to repeal the authority MEASURES REFERRED of the Internal Revenue Service to use pri- stand’’ next Sunday in the fight The following bills were read the first against AIDS, I want to reaffirm my vate debt collection companies, to delay im- plementation of withholding taxes on gov- and the second times by unanimous pledge to do the same in Congress. It is ernment contractors, to revise the tax rules consent, and referred as indicated: a cause I have fought for in my 11-year on expatriation, and for other purposes. H.R. 814. An act to require the Consumer tenure, and it is a cause I will continue H.R. 3308. An act to designate the facility Product Safety Commission to issue regula- to fight for until we are successful in of the United States Postal Service located tions mandating child-resistant closures on eradicating this terrible disease. When at 216 East Main Street in Atwood, Indiana, all portable gasoline containers; to the Com- Congress returns from the Columbus as the ‘‘Lance Corporal David K. Fribley mittee on I Commerce, Science, and Trans- Day recess, the Senate will be dis- Post Office’’. portation. H.R. 3518. An act to designate the facility H.R. 1699. An act to direct the Consumer cussing funding levels for next year’s of the United States Postal Service located health and human services programs. I Product Safety Commission to require cer- at 1430 South Highway 29 in Cantonment, tain manufacturers to provide consumer will do my best to secure additional Florida, as the ‘‘Charles H. Hendrix Post Of- product registration forms to facilitate re- support for Ryan White initiatives, es- fice Building’’. calls of durable infant and toddler products; pecially those that support the work of H.R. 3530. An act to designate the facility to the Committee on Commerce, Science, local cities and communities like Port- of the United States Postal Service located and Transportation. land. When we combine our efforts—at at 1400 Highway 41 North in Inverness, Flor- H.R. 2185. An act to amend the Tropical ida, as the ‘‘Chief Warrant Officer Aaron Forest Conservation Act of 1998 to provide the local, State and Federal levels—we Weaver Post Office Building’’. are stronger and more capable of turn- debt relief to developing countries that take The message also announced that the action to protect tropical forests and coral ing the tide against HIV/AIDS. House has agreed to the following reso- reefs and associated coastal marine eco- In closing, I congratulate the Cas- lution: systems, to reauthorize such Act through fis- cade AIDS Project on yet another suc- cal year 2010, and for other purposes; to the cessful AIDS Walk and wish all this H. Res. 717. Resolution relative to the death of the Honorable Jo Ann Davis, a Rep- Committee on Foreign Relations. H.R. 2474. An act to provide for an in- year’s participants a safe and enjoyable resentative from the Commonwealth of Vir- creased maximum civil penalty for viola- time.∑ ginia. tions under the Consumer Product Safety f The message further announced that Act; to the Committee on Commerce, MESSAGE FROM THE HOUSE the House agreed to the amendment of Science, and Transportation. the Senate to the bill (H.R. 1124) to ex- H.R. 2553. An act to amend the State De- At 2:03 p.m., a message from the tend the District of Columbia College partment Basic Authorities Act of 1956 to House of Representatives, delivered by Access Act of 1999. provide for the establishment and mainte- Ms. Niland, one of its reading clerks, nance of existing libraries and resource cen- f announced that the House has passed ters at United States diplomatic and con- the following bills, in which it requests ENROLLED BILLS SIGNED sular missions to provide information about American culture, society, and history, and the concurrence of the Senate: The message also announced that the for other purposes; to the Committee on For- H.R. 400. An act to prohibit profiteering Speaker has signed the following en- eign Relations. and fraud relating to military action, relief, rolled bills: H.R. 2895. An act to establish the National and reconstruction efforts, and for other pur- H.R. 1124. An act to extend the District of Affordable Housing Trust Fund in the Treas- poses. Columbia College Access Act of 1999. ury of the United States to provide for the H.R. 814. An act to require the Consumer H.R. 2467. An act to designate the facility construction, rehabilitation, and preserva- Product Safety Commission to issue regula- of the United States Postal Service located tion of decent, safe, and affordable housing tions mandating child-resisted closures on at 69 Montgomery Street in Jersey City, New for low-income families; to the Committee all portable gasoline containers. Jersey, as the ‘‘Frank J. Guarini Post Office on Banking, Housing, and Urban Affairs. H.R. 1699. An act to direct Consumer Prod- Building’’. H.R. 3056. An act to amend the Internal uct Safety Commission to require certain H.R. 2587. An act to designate the facility Revenue Code of 1986 to repeal the authority manufacturers to provide consumer product of the United States Postal Service located of the Internal Revenue Service to use pri- registration forms to facilitate recalls of du- at 555 South 3rd Street Lobby in Memphis, vate debt collection companies, to delay im- rable infant and toddler products. Tennessee, as the ‘‘Kenneth T. Whalum, Sr. plementation of withholding taxes on gov- H.R. 1721. An act to increase the safety of Post Office Building’’. ernment contractors, to revise the tax rules swimming pools and spas by requiring the H.R. 2654. An act to designate the facility on expatriation, and for other purposes; to use of proper anti-entrapment drain covers of the United States Postal Service located the Committee on Finance.

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12863 H.R. 3308. An act to designate the facility S. 1839. A bill to require periodic reports on poses; to the Committee on Veterans’ Af- of the United States Postal Service located claims related to acts of terrorism against fairs. at 216 East Main Street in Atwood, Indiana, Americans perpetrated or supported by the By Mr. ISAKSON (for himself, Mr. as the ‘‘Lance Corporal David K. Fribley Government of Libya (Rept. No. 110–195). JOHNSON, and Mr. GRAHAM): Post Office’’; to the Committee on Homeland By Mr. BIDEN, from the Committee on S. 2161. A bill to ensure and foster contin- Security and Governmental Affairs. Foreign Relations, without amendment and ued patient safety and quality of care by H.R. 3518. An act to designate the facility an amendment to the title: making the antitrust laws apply to negotia- of the United States Postal Service located S. 2020. A bill to reauthorize the Tropical tions between groups of independent phar- at 1430 South Highway 29 in Cantonment, Forest Conservation Act of 1998 through fis- macies and health plans and health insur- Florida, as the ‘‘Charles H. Hendrix Post Of- cal year 2010, to rename the Tropical Forest ance issuers (including health plans under fice Building’’; to the Committee on Home- Conservation Act of 1998 as the ‘‘Tropical parts C and D of the Medicare Program) in land Security and Governmental Affairs. Forest and Coral Conservation Act of 2007’’, the same manner as such laws apply to pro- H.R. 3530. An act to designate the facility and for other purposes (Rept. No. 110–196). tected activities under the National Labor of the United States Postal Service located By Mr. LIEBERMAN, from the Committee Relations Act; to the Committee on the Ju- at 1400 Highway 41 North in Inverness, Flor- on Homeland Security and Governmental Af- diciary. ida, as the ‘‘Chief Warrant Officer Aaron fairs, with an amendment in the nature of a By Mr. AKAKA: Weaver Post Office Building’’; to the Com- substitute: S. 2162. A bill to improve the treatment mittee on Homeland Security and Govern- S. 680. A bill to ensure proper oversight and and services provided by the Department of mental Affairs. accountability in Federal contracting, and Veterans Affairs to veterans with post-trau- f for other purposes. matic stress disorder and substance use dis- f orders, and for other purposes; to the Com- MEASURES PLACED ON THE CAL- mittee on Veterans’ Affairs. ENDAR DURING ADJOURNMENT EXECUTIVE REPORT OF By Mr. SESSIONS: The following bills were read the sec- COMMITTEE S. 2163. A bill to amend the Internal Rev- ond time, and placed on the calendar: The following executive report of enue Code of 1986 to allow income averaging H.R. 2740. An act to require accountability committee was submitted: for private forest landowners; to the Com- mittee on Finance. for contractors and contract personnel under By Mr. BIDEN, from the Committee on Federal contracts, and for other purposes. Foreign Relations: By Mr. INHOFE (for himself and Mr. COCHRAN): S. 2152. A bill to amend title XXI of the So- [Treaty Doc. 108–8 Protocol to Treaty of cial Security Act to reauthorize the State Friendship, Commerce, and Navigation S. 2164. A bill to establish a Science and Children’s Health Insurance Program with Denmark (Ex. Rept. 110–1)] Technology Scholarship Program to award scholarships to recruit and prepare students through fiscal year 2012, and for other pur- The text of the committee-rec- poses. for careers in the National Weather Service ommended resolution of advice and and in National Oceanic and Atmospheric f consent to ratification is as follows: Administration marine research, atmos- MEASURES PLACED ON THE Resolved (two-thirds of the Senators present pheric research, and satellite programs and concurring therein), for other purposes; to the Committee on CALENDAR Commerce, Science, and Transportation. The following bill was read the first The Senate advises and consents to the ratification of the Protocol between the f and second times by unanimous con- United States of America and the Kingdom sent, and placed on the calendar: of Denmark to the Treaty of Friendship, SUBMISSION OF CONCURRENT AND H.R. 1721. An act to increase the safety of Commerce and Navigation of October 1, 1951, SENATE RESOLUTIONS swimming pools and spas by requiring the signed at Copenhagen on May 2, 2001 (Treaty use of proper anti-entrapment drain covers Doc. 108–8). The following concurrent resolutions and pool and spa drainage systems, by estab- f and Senate resolutions were read, and lishing a swimming pool safety grant pro- referred (or acted upon), as indicated: gram administered by the Consumer Product EXECUTIVE REPORT OF COM- By Ms. COLLINS (for herself, Mr. Safety Commission to encourage States to MITTEE RECEIVED DURING AD- DODD, Mr. BIDEN, and Mr. MCCAIN): improve their pool and spa safety laws and JOURNMENT to educate the public about pool and spa S. Res. 345. A resolution supporting the safety, and for other purposes. Under the authority of the order of work of firefighters to educate and protect the Senate of October 4, 2007, the fol- the Nation’s communities, and the goals and f lowing executive report of a nomina- ideals of Fire Prevention Week, October 7–13, REPORTS OF COMMITTEES DURING tion was submitted on October 9, 2007: 2007, as designated by the National Fire Pro- ADJOURNMENT By Mr. LEAHY for the Committee on the tection Association; considered and agreed Under the authority of the order of Judiciary. to. the Senate of October 4, 2007, the fol- Robert M. Dow, Jr., of Illinois, to be By Mr. COLEMAN (for himself, Ms. United States District Judge for the North- KLOBUCHAR, Mr. DURBIN, Mr. GRASS- lowing reports of committees were sub- ern District of Illinois. mitted on October 9, 2007: LEY, Mr. HARKIN, Mr. BROWN, Mr. By Mr. BIDEN, from the Committee on (Nominations without an asterisk VOINOVICH, Mr. FEINGOLD, Mr. KOHL, Foreign Relations, with amendments: were reported with the recommenda- and Mr. OBAMA): S. 805. A bill to amend the Foreign Assist- tion that they be confirmed.) S. Res. 346. A resolution expressing heart- ance Act of 1961 to assist countries in sub- f felt sympathy for the victims of the dev- Saharan Africa in the effort to achieve inter- astating thunderstorms that caused severe nationally recognized goals in the treatment INTRODUCTION OF BILLS AND flooding during August 2007 in the States of and prevention of HIV/AIDS and other major JOINT RESOLUTIONS Illinois, Iowa, Minnesota, Ohio, and Wis- diseases and the reduction of maternal and The following bills and joint resolu- consin, and for other purposes; to the Com- child mortality by improving human health tions were introduced, read the first mittee on the Judiciary. care capacity and improving retention of and second times by unanimous con- medical health professionals in sub-Saharan sent, and referred as indicated: f Africa, and for other purposes (Rept. No. 110– 192). By Mr. BAYH (for himself and Mr. ADDITIONAL COSPONSORS LUGAR): By Mr. BIDEN, from the Committee on S. 85 Foreign Relations, with an amendment in S. 2158. A bill to amend title XVIII of the the nature of a substitute: Social Security Act to permit Medicare At the request of Mr. MCCAIN, the S. 968. A bill to amend the Foreign Assist- beneficiaries to continue to rent certain name of the Senator from South Da- ance Act of 1961 to provide increased assist- items of complex durable medical equip- kota (Mr. JOHNSON) was added as a co- ance for the prevention, treatment, and con- ment; to the Committee on Finance. sponsor of S. 85, a bill to amend the By Mr. NELSON of Florida (for him- trol of tuberculosis, and for other purposes Omnibus Crime Control and Safe (Rept. No. 110–193). self, Mrs. HUTCHISON, Ms. LANDRIEU, By Mr. BIDEN, from the Committee on Mr. CARDIN, Mr. MARTINEZ, Mrs. Streets Act of 1968 to clarify that terri- Foreign Relations, without amendment: BOXER, Mr. LOTT, Mr. COCHRAN, Mr. tories and Indian tribes are eligible to VITTER, Mr. WEBB, Mr. BENNETT, and H.R. 1678. A bill to amend the Torture Vic- receive grants for confronting the use Mr. ISAKSON): tims Relief Act of 1998 to authorize appro- of methamphetamine. priations to provide assistance for domestic S. 2159. A bill to require the Secretary of and foreign programs and centers for the the Treasury to mint coins in commemora- S. 189 treatment of victims of torture, and for tion of the 50th anniversary of the establish- At the request of Mr. LEVIN, the other purposes (Rept. No. 110–194). ment of the National Aeronautics and Space Administration; to the Committee on Bank- name of the Senator from Michigan f ing, Housing, and Urban Affairs. (Ms. STABENOW) was added as a cospon- REPORTS OF COMMITTEES By Mr. AKAKA (for himself and Mr. sor of S. 189, a bill to decrease the BROWN): The following reports of committees matching funds requirements and au- S. 2160. A bill to amend title 38, United thorize additional appropriations for were submitted: States Code, to establish a pain care initia- By Mr. BIDEN, from the Committee on tive in health care facilities of the Depart- Keweenaw National Historical Park in Foreign Relations, without amendment: ment of Veterans Affairs, and for other pur- the State of Michigan.

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12864 CONGRESSIONAL RECORD — SENATE October 15, 2007

S. 267 S. 714 S. 988 At the request of Mr. BINGAMAN, the At the request of Mr. AKAKA, the At the request of Ms. MIKULSKI, the name of the Senator from South Da- name of the Senator from Missouri names of the Senator from Utah (Mr. kota (Mr. JOHNSON) was added as a co- (Mrs. MCCASKILL) was added as a co- BENNETT) and the Senator from Lou- sponsor of S. 267, a bill to amend the sponsor of S. 714, a bill to amend the isiana (Ms. LANDRIEU) were added as Omnibus Crime Control and Safe Animal Welfare Act to ensure that all cosponsors of S. 988, a bill to extend Streets Act of 1968 to clarify that terri- dogs and cats used by research facili- the termination date for the exemption tories and Indian tribes are eligible to ties are obtained legally. of returning workers from the numer- receive grants for confronting the use S. 725 ical limitations for temporary workers. of methamphetamine. At the request of Mr. LEVIN, the S. 999 S. 329 name of the Senator from Ohio (Mr. At the request of Mr. COCHRAN, the At the request of Mr. CRAPO, the BROWN) was added as a cosponsor of S. name of the Senator from Connecticut name of the Senator from Louisiana 725, a bill to amend the Nonindigenous (Mr. DODD) was added as a cosponsor of (Ms. LANDRIEU) was added as a cospon- Aquatic Nuisance Prevention and Con- S. 999, a bill to amend the Public sor of S. 329, a bill to amend title XVIII trol Act of 1990 to reauthorize and im- Health Service Act to improve stroke of the Social Security Act to provide prove that Act. prevention, diagnosis, treatment, and coverage for cardiac rehabilitation and S. 746 rehabilitation. pulmonary rehabilitation services. At the request of Mr. ALLARD, the S. 1015 S. 400 name of the Senator from Michigan At the request of Mr. COCHRAN, the At the request of Mr. SUNUNU, the (Mr. LEVIN) was added as a cosponsor of names of the Senator from Delaware name of the Senator from Illinois (Mr. S. 746, a bill to establish a competitive (Mr. BIDEN) and the Senator from Cali- OBAMA) was added as a cosponsor of S. grant program to build capacity in vet- fornia (Mrs. BOXER) were added as co- 400, a bill to amend the Employee Re- erinary medical education and expand sponsors of S. 1015, a bill to reauthorize tirement Income Security Act of 1974 the workforce of veterinarians engaged the National Writing Project. in public health practice and bio- and the Internal Revenue Code of 1986 S. 1070 medical research. to ensure that dependent students who At the request of Mr. HATCH, the S. 773 take a medically necessary leave of ab- name of the Senator from Illinois (Mr. At the request of Mr. WARNER, the sence do not lose health insurance cov- OBAMA) was added as a cosponsor of S. names of the Senator from North Caro- erage, and for other purposes. 1070, a bill to amend the Social Secu- lina (Mr. BURR) and the Senator from S. 507 rity Act to enhance the social security Illinois (Mr. OBAMA) were added as co- At the request of Mr. CONRAD, the of the Nation by ensuring adequate sponsors of S. 773, a bill to amend the names of the Senator from Massachu- public-private infrastructure and to re- Internal Revenue Code of 1986 to allow setts (Mr. KERRY) and the Senator from solve to prevent, detect, treat, inter- Federal civilian and military retirees New York (Mr. SCHUMER) were added as vene in, and prosecute elder abuse, ne- to pay health insurance premiums on a cosponsors of S. 507, a bill to amend glect, and exploitation, and for other pretax basis and to allow a deduction title XVIII of the Social Security Act purposes. for TRICARE supplemental premiums. to provide for reimbursement of cer- S. 1159 S. 884 tified midwife services and to provide At the request of Mr. MENENDEZ, his for more equitable reimbursement At the request of Mr. DURBIN, the names of the Senator from Illinois (Mr. name was added as a cosponsor of S. rates for certified nurse-midwife serv- 1159, a bill to amend part B of the Indi- OBAMA) and the Senator from Ohio (Mr. ices. viduals with Disabilities Education Act BROWN) were added as cosponsors of S. S. 545 884, a bill to amend the Public Health to provide full Federal funding of such At the request of Mr. LOTT, the Service Act regarding residential part. names of the Senator from North Da- treatment programs for pregnant and S. 1185 kota (Mr. DORGAN) and the Senator parenting women, a program to reduce At the request of Mr. BINGAMAN, the from Hawaii (Mr. AKAKA) were added as substance abuse among nonviolent of- names of the Senator from Ohio (Mr. cosponsors of S. 545, a bill to improve fenders, and for other purposes. BROWN) and the Senator from Con- consumer access to passenger vehicle S. 887 necticut (Mr. DODD) were added as co- loss data held by insurers. At the request of Mrs. FEINSTEIN, the sponsors of S. 1185, a bill to provide S. 579 names of the Senator from Hawaii (Mr. grants to States to improve high At the request of Mr. REID, the name INOUYE) and the Senator from Mary- schools and raise graduation rates of the Senator from Louisiana (Ms. land (Mr. CARDIN) were added as co- while ensuring rigorous standards, to LANDRIEU) was added as a cosponsor of sponsors of S. 887, a bill to restore im- develop and implement effective school S. 579, a bill to amend the Public port and entry agricultural inspection models for struggling students and Health Service Act to authorize the Di- functions to the Department of Agri- dropouts, and to improve State policies rector of the National Institute of En- culture. to raise graduation rates, and for other vironmental Health Sciences to make S. 911 purposes. grants for the development and oper- At the request of Mr. REED, the name S. 1276 ation of research centers regarding en- of the Senator from Connecticut (Mr. At the request of Mr. DURBIN, the vironmental factors that may be re- DODD) was added as a cosponsor of S. name of the Senator from Arkansas lated to the etiology of breast cancer. 911, a bill to amend the Public Health (Mrs. LINCOLN) was added as a cospon- S. 617 Service Act to advance medical re- sor of S. 1276, a bill to establish a grant At the request of Mr. SMITH, the search and treatments into pediatric program to facilitate the creation of name of the Senator from Maine (Ms. cancers, ensure patients and families methamphetamine precursor electronic COLLINS) was added as a cosponsor of S. have access to the current treatments logbook systems, and for other pur- 617, a bill to make the National Parks and information regarding pediatric poses. and Federal Recreational Lands Pass cancers, establish a population-based S. 1310 available at a discount to certain vet- national childhood cancer database, At the request of Mr. SCHUMER, the erans. and promote public awareness of pedi- names of the Senator from California S. 661 atric cancers. (Mrs. BOXER), the Senator from Massa- At the request of Mrs. BOXER, her S. 969 chusetts (Mr. KERRY), the Senator from name was added as a cosponsor of S. At the request of Mr. ROCKEFELLER, Nebraska (Mr. NELSON) and the Sen- 661, a bill to establish kinship navi- his name was added as a cosponsor of ator from Colorado (Mr. SALAZAR) were gator programs, to establish guardian- S. 969, a bill to amend the National added as cosponsors of S. 1310, a bill to ship assistance payments for children, Labor Relations Act to modify the defi- amend title XVIII of the Social Secu- and for other purposes. nition of supervisor. rity Act to provide for an extension of

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12865 increased payments for ground ambu- 1514, a bill to revise and extend provi- S. 1962 lance services under the Medicare pro- sions under the Garrett Lee Smith Me- At the request of Mr. SESSIONS, the gram. morial Act. name of the Senator from Maine (Ms. S. 1335 At the request of Mr. DODD, the name SNOWE) was added as a cosponsor of S. At the request of Mr. INHOFE, the of the Senator from Michigan (Ms. 1962, a bill to amend the Food Security name of the Senator from Georgia (Mr. STABENOW) was added as a cosponsor of Act of 1985 to authorize a regional ISAKSON) was added as a cosponsor of S. S. 1514, supra. water enhancement program in the en- 1335, a bill to amend title 4, United S. 1518 vironmental quality incentives pro- States Code, to declare English as the At the request of Mr. REED, the name gram. official language of the Government of of the Senator from Michigan (Ms. S. 1965 the United States, and for other pur- STABENOW) was added as a cosponsor of At the request of Mr. STEVENS, the poses. S. 1518, a bill to amend the McKinney- name of the Senator from Utah (Mr. S. 1340 Vento Homeless Assistance Act to re- HATCH) was added as a cosponsor of S. At the request of Mrs. LINCOLN, the authorize the Act, and for other pur- 1965, a bill to protect children from name of the Senator from Rhode Island poses. cybercrimes, including crimes by on- (Mr. WHITEHOUSE) was added as a co- S. 1661 line predators, to enhance efforts to sponsor of S. 1340, a bill to amend title identify and eliminate child pornog- XVIII of the Social Security Act to At the request of Mr. DORGAN, the name of the Senator from Montana raphy, and to help parents shield their provide Medicare beneficiaries with ac- children from material that is inappro- cess to geriatric assessments and (Mr. BAUCUS) was added as a cosponsor of S. 1661, a bill to communicate United priate for minors. chronic care coordination services, and S. 2045 for other purposes. States travel policies and improve marketing and other activities de- At the request of Mr. PRYOR, the S. 1382 name of the Senator from Ohio (Mr. At the request of Mr. REID, the name signed to increase travel in the United States from abroad. BROWN) was added as a cosponsor of S. of the Senator from Delaware (Mr. 2045, a bill to reform the Consumer S. 1776 BIDEN) was added as a cosponsor of S. Product Safety Commission to provide 1382, a bill to amend the Public Health At the request of Mr. DURBIN, the greater protection for children’s prod- Service Act to provide the establish- name of the Senator from Alabama ucts, to improve the screening of non- ment of an Amyotrophic Lateral Scle- (Mr. SESSIONS) was added as a cospon- compliant consumer products, to im- rosis Registry. sor of S. 1776, a bill to amend the Fed- prove the effectiveness of consumer S. 1395 eral Food, Drug, and Cosmetic Act to product recall programs, and for other At the request of Mr. LEVIN, the establish a user fee program to ensure purposes. name of the Senator from Washington food safety, and for other purposes. S. 2051 (Ms. CANTWELL) was added as a cospon- S. 1895 At the request of Mr. CONRAD, the sor of S. 1395, a bill to prevent unfair At the request of Mr. REED, the names of the Senator from Arkansas practices in credit card accounts, and names of the Senator from California (Mrs. LINCOLN) and the Senator from for other purposes. (Mrs. BOXER), the Senator from Mis- Minnesota (Mr. COLEMAN) were added S. 1418 sissippi (Mr. LOTT), the Senator from as cosponsors of S. 2051, a bill to amend At the request of Mr. DODD, the name Connecticut (Mr. DODD), the Senator the small rural school achievement of the Senator from Maryland (Mr. from Colorado (Mr. SALAZAR) and the program and the rural and low-income CARDIN) was added as a cosponsor of S. Senator from Washington (Mrs. MUR- school program under part B of title VI 1418, a bill to provide assistance to im- RAY) were added as cosponsors of S. of the Elementary and Secondary Edu- prove the health of newborns, children, 1895, a bill to aid and support pediatric cation Act of 1965. and mothers in developing countries, involvement in reading and education. and for other purposes. S. 2053 S. 1924 At the request of Mr. FEINGOLD, the S. 1451 At the request of Mr. CARPER, the name of the Senator from Hawaii (Mr. At the request of Mr. WHITEHOUSE, name of the Senator from Maine (Ms. the name of the Senator from North AKAKA) was added as a cosponsor of S. SNOWE) was added as a cosponsor of S. 2053, a bill to amend part A of title I of Dakota (Mr. CONRAD) was added as a 1924, a bill to amend chapter 81 of title cosponsor of S. 1451, a bill to encourage the Elementary and Secondary Edu- 5, United States Code, to create a pre- the development of coordinated quality cation Act of 1965 to improve elemen- sumption that a disability or death of reforms to improve health care deliv- tary and secondary education. a Federal employee in fire protection ery and reduce the cost of care in the S. 2056 activities caused by any of certain dis- health care system. At the request of Mr. ROCKEFELLER, eases is the result of the performance the name of the Senator from Oregon S. 1459 of such employee’s duty. At the request of Mr. MENENDEZ, the (Mr. WYDEN) was added as a cosponsor name of the Senator from Connecticut S. 1930 of S. 2056, a bill to amend title XVIII of (Mr. DODD) was added as a cosponsor of At the request of Mr. WYDEN, the the Social Security Act to restore fi- S. 1459, a bill to strengthen the Na- names of the Senator from Michigan nancial stability to Medicare anesthe- tion’s research efforts to identify the (Ms. STABENOW) and the Senator from siology teaching programs for resident causes and cure of psoriasis and psori- Vermont (Mr. LEAHY) were added as co- physicians. atic arthritis, expand psoriasis and pso- sponsors of S. 1930, a bill to amend the S. 2058 riatic arthritis data collection, study Lacey Act Amendments of 1981 to pre- At the request of Mr. LEVIN, the access to and quality of care for people vent illegal logging practices, and for name of the Senator from North Da- with psoriasis and psoriatic arthritis, other purposes. kota (Mr. DORGAN) was added as a co- and for other purposes. S. 1958 sponsor of S. 2058, a bill to amend the S. 1512 At the request of Mr. CONRAD, the Commodity Exchange Act to close the At the request of Mrs. BOXER, the names of the Senator from Virginia Enron loophole, prevent price manipu- name of the Senator from Massachu- (Mr. WEBB) and the Senator from lation and excessive speculation in the setts (Mr. KERRY) was added as a co- Washington (Ms. CANTWELL) were trading of energy commodities, and for sponsor of S. 1512, a bill to amend part added as cosponsors of S. 1958, a bill to other purposes. E of title IV of the Social Security Act amend title XVIII of the Social Secu- S. 2063 to expand Federal eligibility for chil- rity Act to ensure and foster continued At the request of Mr. GREGG, the dren in foster care who have attained patient quality of care by establishing name of the Senator from Georgia (Mr. age 18. facility and patient criteria for long- ISAKSON) was added as a cosponsor of S. S. 1514 term care hospitals and related im- 2063, a bill to establish a Bipartisan At the request of Mrs. BOXER, her provements under the Medicare pro- Task Force for Responsible Fiscal Ac- name was added as a cosponsor of S. gram. tion, to assure the economic security

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12866 CONGRESSIONAL RECORD — SENATE October 15, 2007 of the United States, and to expand fu- under Federal contracts, and for other tice, and Science, and Related Agencies ture prosperity and growth for all purposes. for the fiscal year ending September 30, Americans. S. 2152 2008, and for other purposes. S. 2080 At the request of Mr. THUNE, his f At the request of Mr. LAUTENBERG, name was added as a cosponsor of S. STATEMENTS ON INTRODUCED the name of the Senator from New Jer- 2152, a bill to amend title XXI of the BILLS AND JOINT RESOLUTIONS sey (Mr. MENENDEZ) was added as a co- Social Security Act to reauthorize the ON OCTOBER 4, 2007 sponsor of S. 2080, a bill to amend the State Children’s Health Insurance Pro- Federal Water Pollution Control Act to gram through fiscal year 2012, and for Mr. President, I ask unanimous con- ensure that sewage treatment plants other purposes. sent that the text of the bill be printed in the RECORD. monitor for and report discharges of S.J. RES. 20 raw sewage, and for other purposes. There being no objection, the text of At the request of Mr. DORGAN, the the bill was ordered to be printed in S. 2089 name of the Senator from Washington the RECORD, as follows: At the request of Mr. NELSON of Flor- (Ms. CANTWELL) was added as a cospon- S. 2152 ida, the names of the Senator from sor of S.J. Res. 20, a joint resolution to Be it enacted by the Senate and House of California (Mrs. BOXER) and the Sen- disapprove a final rule of the Secretary Representatives of the United States of ator from Washington (Ms. CANTWELL) of Agriculture relating to the importa- America in Congress assembled, were added as cosponsors of S. 2089, a tion of cattle and beef. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. bill to amend title XVIII of the Social S. RES. 178 (a) SHORT TITLE.—This Act may be cited as Security Act to reduce the coverage At the request of Mr. BINGAMAN, the the ‘‘Kids First Act’’. gap in prescription drug coverage name of the Senator from California (b) TABLE OF CONTENTS.—The table of con- under part D of such title based on sav- (Mrs. BOXER) was added as a cosponsor tents for this Act is as follows: ings to the Medicare program resulting of S. Res. 178, a resolution expressing Sec 1. Short title; table of contents. from the negotiation of prescription the sympathy of the Senate to the fam- Sec. 2. 5-Year reauthorization. drug prices. Sec. 3. Allotments for the 50 States and the ilies of women and girls murdered in District of Columbia based on S. 2096 Guatemala, and encouraging the expenditures and numbers of At the request of Mr. DORGAN, the United States to work with Guatemala low-income children. name of the Senator from Maine (Ms. to bring an end to these crimes. Sec. 4. Limitations on matching rates for SNOWE) was added as a cosponsor of S. AMENDMENT NO. 3208 populations other than low-in- come children or pregnant 2096, a bill to amend the Do-Not-Call At the request of Mr. BINGAMAN, the Implementation Act to eliminate the women covered through a sec- name of the Senator from South Da- tion 1115 waiver. automatic removal of telephone num- kota (Mr. JOHNSON) was added as a co- Sec. 5. Prohibition on new section 1115 waiv- bers registered on the Federal ‘‘do-not- sponsor of amendment No. 3208 pro- ers for coverage of adults other call’’ registry. posed to H.R. 3093, a bill making appro- than pregnant women. S. 2099 priations for the Departments of Com- Sec. 6. Standardization of determination of At the request of Mr. SALAZAR, the merce and Justice, and Science, and family income. Sec. 7. Grants for outreach and enrollment. name of the Senator from New York Related Agencies for the fiscal year Sec. 8. Improved State option for offering (Mr. SCHUMER) was added as a cospon- ending September 30, 2008, and for premium assistance for cov- sor of S. 2099, a bill to amend title other purposes. erage through private plans. XVIII of the Social Security Act to re- AMENDMENT NO. 3232 Sec. 9. Treatment of unborn children. peal the Medicare competitive bidding At the request of Mr. DODD, the name Sec. 10. 50 percent matching rate for all Med- project for clinical laboratory services. icaid administrative costs. of the Senator from Tennessee (Mr. AL- Sec. 11. Reduction in payments for Medicaid S. 2119 EXANDER) was added as a cosponsor of administrative costs to prevent At the request of Mr. JOHNSON, the amendment No. 3232 intended to be pro- duplication of such payments name of the Senator from Arkansas posed to H.R. 3093, a bill making appro- under TANF. (Mrs. LINCOLN) was added as a cospon- priations for the Departments of Com- Sec. 12. Effective date. sor of S. 2119, a bill to require the Sec- merce and Justice, and Science, and SEC. 2. 5-YEAR REAUTHORIZATION. retary of the Treasury to mint coins in Related Agencies for the fiscal year (a) INCREASE IN NATIONAL ALLOTMENT.— commemoration of veterans who be- ending September 30, 2008, and for Section 2104(a) of the Social Security Act (42 came disabled for life while serving in other purposes. U.S.C. 1397dd(a)) is amended— (1) in paragraph (9), by striking ‘‘and’’ at the Armed Forces of the United States. AMENDMENT NO. 3247 the end’ S. 2127 At the request of Ms. MIKULSKI, her (2) in paragraph (10), by striking the period At the request of Mrs. MURRAY, the name was added as a cosponsor of at the end and inserting a semicolon; and name of the Senator from Massachu- amendment No. 3247 proposed to H.R. (3) by adding at the end the following: ‘‘(11) for fiscal year 2008, $7,000,000,000; setts (Mr. KENNEDY) was added as a co- 3093, a bill making appropriations for ‘‘(12) for fiscal year 2009, $7,200,000,000; sponsor of S. 2127, a bill to provide as- the Departments of Commerce and Jus- ‘‘(13) for fiscal year 2010, $7,600,000,000; sistance to families of miners involved tice, and Science, and Related Agencies ‘‘(14) for fiscal year 2011, $8,300,000,000; and in mining accidents. for the fiscal year ending September 30, ‘‘(15) for fiscal year 2012, $8,800,000,000.’’. S. 2135 2008, and for other purposes. (b) CONTINUATION OF ADDITIONAL ALLOT- MENTS TO TERRITORIES.—Section 2104(c)(4)(B) At the request of Mr. DURBIN, the AMENDMENT NO. 3249 of the Social Security Act (42 U.S.C. names of the Senator from Connecticut At the request of Mr. LEAHY, the 1397dd(c)(4)(B)) is amended— (Mr. DODD), the Senator from Illinois name of the Senator from Utah (Mr. (1) by striking ‘‘and’’ after ‘‘2006,’’; and (Mr. OBAMA) and the Senator from HATCH) was added as a cosponsor of (2) by inserting before the period the fol- Massachusetts (Mr. KERRY) were added amendment No. 3249 intended to be pro- lowing: ‘‘, $56,000,000 for fiscal year 2008, as cosponsors of S. 2135, a bill to pro- posed to H.R. 3093, a bill making appro- $58,000,000 for fiscal year 2009, $61,000,000 for hibit the recruitment or use of child priations for the Departments of Com- fiscal year 2010, $66,000,000. for fiscal year soldiers, to designate persons who re- merce and Justice, and Science, and 2011, and $70,000,000 for fiscal year 2012’’. cruit or use child soldiers as inadmis- Related Agencies for the fiscal year SEC. 3. ALLOTMENTS FOR THE 50 STATES AND THE DISTRICT OF COLUMBIA BASED sible aliens, to allow the deportation of ending September 30, 2008, and for ON EXPENDITURES AND NUMBERS persons who recruit or use child sol- other purposes. OF LOW-INCOME CHILDREN. diers, and for other purposes. AMENDMENT NO. 3256 (a) IN GENERAL.—Section 2104 of the Social Security Act (42 U.S.C. 1397dd) is amended by S. 2147 At the request of Mr. DURBIN, his adding at the end the following new sub- At the request of Mr. AKAKA, his name was added as a cosponsor of section: name was added as a cosponsor of S. amendment No. 3256 proposed to H.R. ‘‘(i) DETERMINATION OF ALLOTMENTS FOR 2147, a bill to require accountability for 3093, a bill making appropriations for THE 50 STATES AND THE DISTRICT OF COLUMBIA contractors and contract personnel the Departments of Commerce and Jus- FOR FISCAL YEARS 2008 THROUGH 2012.—

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12867

‘‘(1) IN GENERAL.—Notwithstanding the pre- subparagraph with respect to a second pre- ENTS AND CARETAKER RELATIVES ENROLLED ceding provisions of this subsection and sub- ceding fiscal year shall be determined on the UNDER A SECTION 1115 WAIVER ON THE DATE OF ject to paragraph (3), the Secretary shall basis of amounts reported by States to the ENACTMENT OF THE STATE CHILDREN’S HEALTH allot to each subsection (b) State for each of Secretary on Form CMS–64 and Form CMS– INSURANCE PROGRAM REAUTHORIZATION OF fiscal years 2008 through 2012, the amount de- 21 submitted not later than November 30 of 2007.—The Federal medical assistance per- termined for the fiscal year that is equal to the preceding fiscal year.’’. centage (as determined under section 1905(b) the product of— (b) 2-YEAR AVAILABILITY OF ALLOTMENTS; without regard to clause (4) of such section) ‘‘(A) the amount available for allotment EXPENDITURES COUNTED AGAINST OLDEST AL- shall be substituted for the enhanced FMAP under subsection (a) for the fiscal year, re- LOTMENTS.—Section 2104(e) of the Social Se- under subsection (a)(1) with respect to pay- duced by the amount of allotments made curity Act (42 U.S.C. 1397dd(e)) is amended to ments for child health assistance or health under subsection (c) (determined without re- read as follows: benefits coverage provided under the State gard to paragraph (4) thereof) for the fiscal ‘‘(e) AVAILABILITY OF AMOUNTS ALLOTED.— child health plan for any of the following: year; and ‘‘(1) IN GENERAL.—Except as provided in the ‘‘(i) PARENTS OR CARETAKER RELATIVES EN- ‘‘(B) the sum of the State allotment fac- succeeding paragraphs of this subsection, ROLLED UNDER A WAIVER ON THE DATE OF EN- tors determined under paragraph (2) with re- amounts allotted to a State pursuant to this ACTMENT OF THE STATE CHILDREN’S HEALTH IN- spect to the State and weighted in accord- section— SURANCE PROGRAM REAUTHORIZATION OF 2007.— ance with subparagraph (B) of that para- ‘‘(A) for each of fiscal years 1998 through A nonpregnant parent or a nonpregnant graph for the fiscal year. 2007, shall remain available for expenditure caretaker relative of a targeted low-income ‘‘(2) STATE ALLOTMENT FACTORS.— by the State through the end of the second child who is enrolled in the State child ‘‘(A) IN GENERAL.—For purposes of para- succeeding fiscal year; and health plan under a waiver, experimental, graph (l)(B), the State allotment factors are ‘‘(B) for each of fiscal years 2008 through pilot, or demonstration project on the date the following: 2012, shall remain available for expenditure of enactment of the Kids First Act and ‘‘(i) The ratio of the projected expenditures by the State only through the end of the suc- whose family income does not exceed the in- for targeted low-income children under the ceeding fiscal year for which such amounts come eligibility applied under such waiver State child health plan and pregnant women are allotted. with respect to that population on such date. under a waiver of such plan for the fiscal ‘‘(2) ELIMINATION OF REDISTRIBUTION OF AL- ‘‘(ii) NONPREGNANT CHILDLESS ADULTS EN- year to the sum of such projected expendi- LOTMENTS NOT EXPENDED WITHIN 3 YEARS.— ROLLED UNDER A WAIVER ON SUCH DATE.—A tures for all States for the fiscal year, multi- Notwithstanding subsection (f), amounts al- nonpregnant childless adult enrolled in the plied by the applicable percentage weight as- lotted to a State under this section for fiscal State child health plan under a waiver, ex- signed under subparagraph (B). years beginning with fiscal year 2008 that re- perimental, pilot, or demonstration project ‘‘(ii) The ratio of the number of low-income main unexpended as of the end of the second described in section 6102(c)(3) of the Deficit children who have not attained age 19 with succeeding fiscal year shall not be redistrib- Reduction Act of 2005 (42 U.S.C. 1397gg note) no health insurance coverage in the State, as uted to other States and shall revert to the on the date of enactment of the Kids First determined by the Secretary on the basis of Treasury on October 1 of the third suc- Act and whose family income does not ex- the arithmetic average of the number of such ceeding fiscal year. ceed the income eligibility applied under children for the 3 most recent Annual Social ‘‘(3) RULE FOR COUNTING EXPENDITURES such waiver with respect to that population and Economic Supplements to the Current AGAINST FISCAL YEAR ALLOTMENTS.—Expendi- on such date. Population Survey of the Bureau of the Cen- tures under the State child health plan made ‘‘(iii) NO REPLACEMENT ENROLLEES.—Noth- sus available before the beginning of the cal- on or after October 1, 2007, shall be counted ing in clauses (i) or (ii) shall be construed as endar year before such fiscal year begins, to against allotments for the earliest fiscal authorizing a State to provide child health the sum of the number of such children de- year for which funds are available for ex- assistance or health benefits coverage under termined for all States for such fiscal year, penditure under this subsection.’’. a waiver described in either such clause to a (c) CONFORMING AMENDMENTS.— multiplied by the applicable percentage nonpregnant parent or a nonpregnant care- (1) Section 2104(b)(1) of the Social Security weight assigned under subparagraph (B). taker relative of a targeted low-income ‘‘(iii) The ratio of the projected expendi- Act (42 U.S.C. 1397dd(b)(1)) is amended by child, or a nonpregnant childless adult, who tures for targeted low-income children under striking ‘‘subsection (d)’’ and inserting ‘‘the is not enrolled under the waiver on the date the State child health plan and pregnant succeeding subsections of this section’’. of enactment of the Kids First Act. women under a waiver of such plan for the (2) Section 2104(f) of such Act (42 U.S.C. ‘‘(C) NO FEDERAL PAYMENT FOR ANY NEW preceding fiscal year to the sum of such pro- 1397 dd(f)) is amended by striking ‘‘The’’ and NONPREGNANT ADULT ENROLLEES OR FOR SUCH jected expenditures for all States for such inserting ‘‘Subject to subsection (e)(2), the’’. ENROLLEES WHO NO LONGER SATISFY INCOME preceding fiscal year, multiplied by the ap- SEC. 4. LIMITATIONS ON MATCHING RATES FOR ELIGIBILITY REQUIREMENTS.—Payment shall plicable percentage weight assigned under POPULATIONS OTHER THAN LOW-IN- COME CHILDREN OR PREGNANT not be made under this section for child subparagraph (B). health assistance or other health benefits ‘‘(iv) The ratio of the actual expenditures WOMEN COVERED THROUGH A SEC- TION 1115 WAIVER. coverage provided under the State child for targeted low-income children under the (a) LIMITATION ON PAYMENTS.—Section health plan or under a waiver under section State child health plan and pregnant women 2105(c) of the Social Security Act (42 U.S.C. 1115 for any of the following: under a waiver of such plan for the second 1397ee(c)) is amended by adding at the end ‘‘(i) PARENTS OR CARETAKER RELATIVES preceding fiscal year to the sum of such ac- the following new paragraph: UNDER A SECTION 1115 WAIVER APPROVED AFTER tual expenditures for all States for such sec- ‘‘(8) LIMITATIONS ON MATCHING RATE FOR THE DATE OF ENACTMENT OF THE STATE CHIL- ond preceding fiscal year, multiplied by the POPULATIONS OTHER THAN TARGETED LOW-IN- DREN’S HEALTH INSURANCE PROGRAM REAU- applicable percentage weight assigned under COME CHILDREN OR PREGNANT WOMEN COVERED THORIZATION OF 2007.—A nonpregnant parent subparagraph (B). THROUGH A SECTION 1115 WAIVER.—For child or a nonpregnant caretaker relative of a tar- ‘‘(B) ASSIGNMENT OF WEIGHTS.—For each of health assistance or health benefits coverage geted low-income child under a waiver, ex- fiscal years 2008 through 2012, the following furnished in any fiscal year beginning with perimental, pilot, or demonstration project percentage weights shall be applied to the fiscal year 2008: that is approved on or after the date of en- ratios determined under subparagraph (A) ‘‘(A) FMAP APPLIED TO PAYMENTS FOR COV- actment of the Kids First Act. for each such fiscal year: ERAGE OF CHILDREN OR PREGNANT WOMEN COV- ‘‘(ii) PARENTS, CARETAKER RELATIVES, AND ‘‘(i) 40 percent for the ratio determined ERED THROUGH A SECTION 1115 WAIVER EN- NONPREGNANT CHILDLESS ADULTS WHOSE FAM- under subparagraph (A)(i). ‘‘(ii) 5 percent for the ratio determined ROLLED IN THE STATE CHILD HEALTH PLAN ON ILY INCOME EXCEEDS THE INCOME ELIGIBILITY under subparagraph (A)(ii). THE DATE OF ENACTMENT OF THE KIDS FIRST LEVEL SPECIFIED UNDER A SECTION 1115 WAIVER ‘‘(iii) 50 percent for the ratio determined ACT AND WHOSE GROSS FAMILY INCOME IS DE- APPROVED PRIOR TO THE STATE CHILDREN’S under subparagraph (A)(iii). TERMINED TO EXCEED THE INCOME ELIGIBILITY HEALTH INSURANCE PROGRAM REAUTHORIZA- ‘‘(iv) 5 percent for the ratio determined LEVEL SPECIFIED FOR A TARGETED LOW-INCOME TION OF 2007.—Any nonpregnant parent or a under subparagraph (A)(iv). CHILD.—Notwithstanding subsections nonpregnant caretaker relative of a targeted ‘‘(C) DETERMINATION OF PROJECTED AND AC- (b)(1)(B) and (d) of section 2110, in the case of low-income child whose family income ex- TUAL EXPENDITURES.—For purposes of sub- any individual described in subsection (c) of ceeds the income eligibility level referred to paragraph (A): section 105 of the Kids First Act who the in subparagraph (B)(i), and any nonpregnant ‘‘(i) PROJECTED EXPENDITURES.—The pro- State elects to continue to provide child childless adult whose family income exceeds jected expenditures described in clauses (i) health assistance for under the State child the income eligibility level referred to in and (iii) of such subparagraph with respect health plan in accordance with the require- subparagraph (B)(ii). to a fiscal year shall be determined on the ments of such subsection, the Federal med- ‘‘(iii) NONPREGNANT CHILDLESS ADULTS, basis of amounts reported by States to the ical assistance percentage (as determined PARENTS, OR CARETAKER RELATIVES NOT EN- Secretary on the May 15th submission of under section 1905(b) without regard to ROLLED UNDER A SECTION 1115 WAIVER ON THE Form CMS–37 and Form CMS–21B submitted clause (4) of such section) shall be sub- DATE OF ENACTMENT OF THE STATE CHILDREN’S not later than June 30th of the fiscal year stituted for the enhanced FMAP under sub- HEALTH INSURANCE PROGRAM REAUTHORIZA- preceding such year. section (a)(1) with respect to such assistance. TION OF 2007.—Any nonpregnant parent or a ‘‘(ii) ACTUAL EXPENDITURES.—The actual ‘‘(B) FMAP APPLIED TO PAYMENTS ONLY FOR nonpregnant caretaker relative of a targeted expenditures described in clause (iv) of such NONPREGNANT CHILDLESS ADULTS AND PAR- low-income child who is not enrolled in the

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12868 CONGRESSIONAL RECORD — SENATE October 15, 2007 State child health plan under a section 1115 made by subsection (a), and that States oth- duct outreach and enrollment efforts that waiver, experimental, pilot, or demonstra- erwise adhere to regulations of the Secretary are designed to increase the enrollment and tion project referred to in subparagraph relating to procedures for terminating waiv- participation of eligible children under this (B)(i) on the date of enactment of the Kids ers under section 1115 of the Social Security title and title XIX. First Act, and any nonpregnant childless Act. ‘‘(2) 10 PERCENT SET ASIDE FOR NATIONAL EN- adult who is not enrolled in the State child SEC. 6. STANDARDIZATION OF DETERMINATION ROLLMENT CAMPAIGN.—An amount equal to 10 health plan under a section 1115 waiver, ex- OF FAMILY INCOME. percent of such amounts for the fiscal year perimental, pilot, or demonstration project (a) ELIGIBILITY BASED ON GROSS INCOME.— shall be used by the Secretary for expendi- referred to in subparagraph (B)(ii)(I) on such (1) IN GENERAL.—Section 2110 of the Social tures during the fiscal year to carry out a date. Security Act (42 U.S.C. 1397jj) is amended by national enrollment campaign in accordance ‘‘(D) DEFINITION OF CARETAKER RELATIVE.— adding at the end the following new sub- with subsection (g). In this subparagraph, the term ‘caretaker section: ‘‘(b) AWARD OF GRANTS.— relative’ has the meaning given that term ‘‘(d) STANDARDIZATION OF DETERMINATION ‘‘(1) PRIORITY FOR AWARDING.— ‘‘(A) IN GENERAL.—In awarding grants for purposes of carrying out section 1931. OF FAMILY INCOME.—A State shall determine ‘‘(E) RULE OF CONSTRUCTION.—Nothing in family income for purposes of determining under subsection (a), the Secretary shall give this paragraph shall be construed as imply- income eligibility for child health assistance priority to eligible entities that— ‘‘(i) propose to target geographic areas ing that payments for coverage of popu- or other health benefits coverage under the with high rates of— lations for which the Federal medical assist- State child health plan (or under a waiver of ance percentage (as so determined) is to be ‘‘(I) eligible but unenrolled children, in- such plan under section 1115) solely on the cluding such children who reside in rural substituted for the enhanced FMAP under basis of the gross income (as defined by the subsection (a)(1) in accordance with this areas; or Secretary) of the family.’’. ‘‘(II) racial and ethnic minorities and paragraph are to be made from funds other (2) PROHIBITION ON WAIVER OF REQUIRE- health disparity populations, including those than the allotments determined for a State MENTS.—Section 2107(f) (42 U.S.C. 1397gg(f)), proposals that address cultural and lin- under section 2104.’’. as amended by section 5(a), is amended by guistic barriers to enrollment; and (b) CONFORMING AMENDMENT.—Section adding at the end the following new para- ‘‘(ii) submit the most demonstrable evi- 2105(a)(1) of the Social Security Act ( 42 graph: dence required under paragraphs (1) and (2) U.S.C. 1397dd(a)(1)) is amended, in the matter ‘‘(4) The Secretary may not approve a of subsection (c). preceding subparagraph (A), by inserting ‘‘or waiver, experimental, pilot, or demonstra- ‘‘(B) 10 PERCENT SET ASIDE FOR OUTREACH TO subsection (c)(8)’’ after ‘‘subparagraph (B)’’. tion project with respect to a State after the INDIAN CHILDREN.—An amount equal to 10 SEC. 5. PROHIBITION ON NEW SECTION 1115 date of enactment of the Kids First Act that percent of the funds appropriated under sub- WAIVERS FOR COVERAGE OF would waive or modify the requirements of section (f) for a fiscal year shall be used by ADULTS OTHER THAN PREGNANT section 2110(d) (relating to determining in- WOMEN. the Secretary to award grants to Indian come eligibility on the basis of gross income) Health Service providers and urban Indian (a) IN GENERAL.—Section 2107(f) of the So- and regulations promulgated to carry out organizations receiving funds under title V cial Security Act (42 U.S.C. 1397gg(f)) is such requirements.’’. amended— of the Indian Health Care Improvement Act (b) REGULATIONS.—Not later than 90 days (1) by striking ‘‘, the Secretary’’; and in- (25 U.S.C. 1651 et seq.) for outreach to, and after the date of enactment of this Act, the serting ‘‘: enrollment of, children who are Indians. Secretary of Health and Human Services ‘‘(1) The Secretary’’; and ‘‘(2) 2-YEAR AVAILABILITY.—A grant award- shall promulgate interim final regulations (2) by adding at the end the following new ed under this section for a fiscal year shall defining gross income for purposes of section paragraphs: remain available for expenditure through the ‘‘(2) The Secretary may not approve, ex- 2110(d) of the Social Security Act, as added end of the succeeding fiscal year. ‘‘(c) APPLICATION.—An eligible entity that tend, renew, or amend a waiver, experi- by subsection (a). (c) APPLICATION TO CURRENT ENROLLEES.— desires to receive a grant under subsection mental, pilot, or demonstration project with The interim final regulations promulgated (a) shall submit an application to the Sec- respect to a State after the date of enact- under subsection (b) shall not be used to de- retary in such form and manner, and con- ment of the Kids First Act that would allow termine the income eligibility of any indi- taining such information, as the Secretary funds made available under this title to be vidual enrolled in a State child health plan may decide. Such application shall include— used to provide child health assistance or under title XXI of the Social Security Act on (1) evidence demonstrating that the entity other health benefits coverage for any other the date of enactment of this Act before the includes members who have access to, and adult other than a pregnant woman whose date on which such eligibility of the indi- credibility with, ethnic or low-income popu- family income does not exceed the income vidual is required to be redetermined under lations in the communities in which activi- eligibility level specified for a targeted low- the plan as in effect on such date. In the case ties funded under the grant are to be con- income child in that State under a waiver or of any individual enrolled in such plan on ducted; project approved as of such date. ‘‘(2) evidence demonstrating that the enti- ‘‘(3) The Secretary may not approve, ex- such date who, solely as a result of the appli- cation of subsection (d) of section 2110 of the ty has the ability to address barriers to en- tend, renew, or amend a waiver, experi- rollment, such as lack of awareness of eligi- mental, pilot, or demonstration project with Social Security Act (as added by subsection (a)) and the regulations promulgated under bility, stigma concerns and punitive fears as- respect to a State after the date of enact- sociated with receipt of benefits, and other ment of the Kids First Act that would waive subsection (b), is determined to be ineligible for child health assistance under the State cultural barriers to applying for and receiv- or modify the requirements of section ing child health assistance or medical assist- 2105(c)(8).’’. child health plan, a State may elect, subject to substitution of the Federal medical assist- ance; (b) CLARIFICATION OF AUTHORITY FOR COV- ance percentage for the enhanced FMAP ‘‘(3) specific quality or outcomes perform- ERAGE OF PREGNANT WOMEN.—Section 2106 of ance measures to evaluate the effectiveness the Social Security Act (42 U.S.C. 1397ff) is under section 2105(c)(8)(A) of the Social Se- curity Act (as added by section 4(a)), to con- of activities funded by a grant awarded amended by adding at the end the following under this section; and new subsection: tinue to provide the individual with such as- sistance for so long as the individual other- ‘‘(4) an assurance that the eligible entity ‘‘(f) NO AUTHORITY TO COVER PREGNANT shall— WOMEN THROUGH STATE PLAN.—For purposes wise would be eligible for such assistance and the individual’s family income, if deter- ‘‘(A) conduct an assessment of the effec- of this title, a State may provide assistance tiveness of such activities against the per- to a pregnant woman under the State child mined under the income and resource stand- ards and methodologies applicable under the formance measures; health plan only— ‘‘(B) cooperate with the collection and re- State child health plan on September 30, ‘‘(1) by virtue of a waiver under section porting of enrollment data and other infor- 2007, would not exceed the income eligibility 1115; or mation in order for the Secretary to conduct level applicable to the individual under the ‘‘(2) through the application of sections such assessments. State child health plan. 457.10, 457.350(b)(2), 457.622(c)(5), and ‘‘(C) in the case of an eligible entity that is 457.626(a)(3) of title 42, Code of Federal Regu- SEC. 7. GRANTS FOR OUTREACH AND ENROLL- not the State, provide the State with enroll- lations (as in effect on the date of enactment MENT. ment data and other information as nec- of the Kids First Act).’’. (a) GRANTS.—Title XXI of the Social Secu- essary for the State to make necessary pro- (c) ASSURANCE OF NOTICE TO AFFECTED EN- rity Act (42 U.S.C. 1397aa et seq.) is amended jections of eligible children and pregnant ROLLEES.—The Secretary of Health and by adding at the end the following: women. Human Services shall establish procedures to ‘‘SEC. 2111. GRANTS TO IMPROVE OUTREACH AND ‘‘(d) SUPPLEMENT, NOT SUPPLANT.—Federal ensure that States provide adequate public ENROLLMENT. funds awarded under this section shall be notice for parents, caretaker relatives, and ‘‘(a) OUTREACH AND ENROLLMENT GRANTS; used to supplement, not supplant, non-Fed- nonpregnant childless adults whose eligi- NATIONAL CAMPAIGN.— eral funds that are otherwise available for bility for child health assistance or health ‘‘(1) IN GENERAL.—From the amounts ap- activities funded under this section. benefits coverage under a waiver under sec- propriated for a fiscal year under subsection ‘‘(e) DEFINITIONS.—In this section: tion 1115 of the Social Security Act will be (f), subject to paragraph (2), the Secretary ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible terminated as a result of the amendments shall award grants to eligible entities to con- entity’ means any of the following:

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12869 ‘‘(A) A State with an approved child health the authority of this section shall be in addi- ployer makes a contribution to the premium plan under this title. tion to amounts appropriated under section that is not less for employees receiving a ‘‘(B) A local government. 2104 and paid to States in accordance with premium assistance subsidy under any op- ‘‘(C) An Indian tribe or tribal consortium, section 2105, including with respect to ex- tion available under the State child health a tribal organization, an urban Indian orga- penditures for outreach activities in accord- plan under this title or the State plan under nization receiving funds under title V of the ance with subsections (a)(1)(D)(iii) and title XIX to provide such assistance than the Indian (c)(2)(C) of that section. employer contribution provided for all other Health Care Improvement Act (25 U.S.C. ‘‘(g) NATIONAL ENROLLMENT CAMPAIGN.— employees; and 1651 et seq.), or an Indian Health Service pro- From the amounts made available under sub- ‘‘(III) cost-effective, as determined under vider. section (a)(2) for a fiscal year, the Secretary clause (ii). ‘‘(D) A Federal health safety net organiza- shall develop and implement a national en- ‘‘(ii) COST-EFFECTIVENESS.—A group health tion. rollment campaign to improve the enroll- plan or health insurance coverage offered ‘‘(E) A State, national, local, or commu- ment of underserved child populations in the through an employer shall be considered to nity-based public or nonprofit private orga- programs established under this title and be cost-effective if— nization. title XIX. Such campaign may include— ‘‘(I) the marginal premium cost to pur- ‘‘(F) A faith-based organization or con- ‘‘(1) the establishment of partnerships with chase family coverage through the employer sortia, to the extent that a grant awarded to the Secretary of Education and the Sec- is less than the State cost of providing child such an entity is consistent with the require- retary of Agriculture to develop national health assistance through the State child ments of section 1955 of the Public Health campaigns to link the eligibility and enroll- health plan for all the children in the family Service Act (42 U.S.C. 300x–65) relating to a ment systems for the assistance programs who are targeted low-income children; or grant award to non-governmental entities. each Secretary administers that often serve ‘‘(II) the marginal premium cost between ‘‘(G) An elementary or secondary school. the same children; individual coverage and purchasing family ‘‘(H) A national, local, or community-based ‘‘(2) the integration of information about coverage through the employer is not great- public or nonprofit private organization, in- the programs established under this title and er than 175 percent of the cost to the State cluding organizations that use community title XIX in public health awareness cam- to provide child health assistance through health workers or community-based doula paigns administered by the Secretary; the State child health plan for a targeted programs. ‘‘(3) increased financial and technical sup- low-income child. ‘‘HIGH DEDUCTIBLE HEALTH PLANS IN- ‘‘(2) FEDERAL HEALTH SAFETY NET ORGANI- port for enrollment hotlines maintained by CLUDED.—The term ‘qualified employer spon- ZATION.—The term ‘Federal health safety net the Secretary to ensure that all States par- sored coverage’ includes a high deductible organization’ means— ticipate in such hotlines; health plan (as defined in section 223(c)(2) of ‘‘(A) a Federally-qualified health center (as ‘‘(4) the establishment of joint public the Internal Revenue Code of 1986) purchased defined in section 1905(l)(2)(B)); awareness outreach initiatives with the Sec- through a health savings account (as defined ‘‘(B) a hospital defined as a dispropor- retary of Education and the Secretary of under section 223(d) of such Code). tionate share hospital for purposes of section Labor regarding the importance of health in- surance to building strong communities and ‘‘(C) PREMIUM ASSISTANCE SUBSIDY.— 1923; ‘‘(1) IN GENERAL.—In this paragraph, the the economy; ‘‘(C) a covered entity described in section term ‘premium assistance subsidy’ means, 340B(a)(4) of the Public Health Service Act ‘‘(5) the development of special outreach materials for Native Americans or for indi- with respect to a targeted low-income child, (42 U.S.C. 256b(a)(4)); and the amount equal to the difference between ‘‘(D) any other entity or consortium that viduals with limited English proficiency; and ‘‘(6) such other outreach initiatives as the the employee contribution required for en- serves children under a federally-funded pro- rollment only of the employee under quali- gram, including the special supplemental nu- Secretary determines would increase public awareness of the programs under this title fied employer sponsored coverage and the trition program for women, infants, and chil- employee contribution required for enroll- dren (WIC) established under section 17 of and title XIX.’’. (b) NONAPPLICATION OF ADMINISTRATIVE EX- ment of the employee and the child in such the Child Nutrition Act of 1966 (42 U.S.C. PENDITURES CAP.—Section 2105(c)(2) of the coverage, less any applicable premium cost- 1786), the head start and early head start pro- Social Security Act (42 U.S.C. 1397ee(c)(2)) is sharing applied under the State child health grams under the Head Start Act (42 U.S.C. amended by adding at the end the following: plan, subject to the annual aggregate cost- 9801 et seq.), the school lunch program estab- ‘‘(C) NONAPPLICATION TO EXPENDITURES FOR sharing limit applied under section lished under the Richard B. Russell National OUTREACH AND ENROLLMENT.—The limitation 2103(e)(3)(B). School Lunch Act, and an elementary or sec- under subparagraph (A) shall not apply with ‘‘(ii) STATE PAYMENT OPTION.—Subject to ondary school. respect to expenditures for outreach activi- clause (iii), a State may provide a premium ‘‘(3) INDIANS; INDIAN TRIBE; TRIBAL ORGANI- ties under section 2102(c)(1), or for enroll- assistance subsidy directly to an employer or ZATION; URBAN INDIAN ORGANIZATION.—The ment activities, for children eligible for as reimbursement to an employee for out-of- terms ‘Indian’, ‘Indian tribe’, ‘tribal organi- child health assistance under the State child pocket expenditures. zation’, and ‘urban Indian organization’ have health plan or medical assistance under the ‘‘(iii) REQUIREMENT FOR DIRECT PAYMENT TO the meanings given such terms in section 4 State plan under title XIX.’’. EMPLOYEE.—A state shall not pay a premium of the Indian Health Care Improvement Act assistance subsidy directly to the employee, (25 U.S.C. 1603). SEC. 8. IMPROVED STATE OPTION FOR OFFERING PREMIUM ASSISTANCE FOR COV- unless the State has established procedures ‘‘(4) COMMUNITY HEALTH WORKER.—The ERAGE THROUGH PRIVATE PLANS. to ensure that the targeted low-income child term ‘community health worker’ means an (a) IN GENERAL.—Section 2105(c) of the So- on whose behalf such payments are made are individual who promotes health or nutrition cial Security Act (42 U.S.C. 1397ee(c)), as actually enrolled in the qualified employer- within the community in which the indi- amended by section 4(a) is amended by add- sponsored coverage. vidual resides— ing at the end the following: ‘‘(iv) TREATMENT AS CHILD HEALTH ASSIST- ‘‘(A) by serving as a liaison between com- ‘‘(9) ADDITIONAL STATE OPTION FOR OFFER- ANCE.—Expenditures for the provision of pre- munities and health care agencies; ING PREMIUM ASSISTANCE.— mium assistance subsidies shall be consid- ‘‘(B) by providing guidance and social as- ‘‘(A) IN GENERAL.—Subject to the suc- ered child health assistance described in sistance to community residents; ceeding provisions of this paragraph, a State paragraph (1)(C) of subsection (a) for pur- ‘‘(C) by enhancing community residents’ may elect to offer a premium assistance sub- poses of making payments under that sub- ability to effectively communicate with sidy (as defined in subparagraph (C)) for section. health care providers; qualified employer sponsored coverage (as ‘‘(v) STATE OPTION TO REQUIRE ACCEPTANCE ‘‘(D) by providing culturally and linguis- defined in subparagraph (B)) to all targeted OF SUBSIDY.—A State may condition the pro- tically appropriate health or nutrition edu- low-income children who are eligible for vision of child health assistance under the cation; child health assistance under the plan and State child health plan for a targeted low-in- ‘‘(E) by advocating for individual and com- have access to such coverage in accordance come child on the receipt of a premium as- munity health or nutrition needs; and with the requirements of this paragraph. sistance subsidy for enrollment in qualified ‘‘(F) by providing referral and followup ‘‘(B) QUALIFIED EMPLOYER SPONSORED COV- employer-sponsored coverage if the State de- services. ERAGE.— termines the provision of such a subsidy to ‘‘(f) APPROPRIATION.— ‘‘(i) IN GENERAL.—In this paragraph, the be more cost-effective in accordance with ‘‘(1) IN GENERAL.—There is appropriated, term ‘qualified employer sponsored coverage’ subparagraph (B)(ii). out of any money in the Treasury not other- means a group health plan or health insur- ‘‘(vi) NOT TREATED AS INCOME.—Notwith- wise appropriated, for the purpose of award- ance coverage offered through an employer standing any other provision of law, a pre- ing grants under this section— that is— mium assistance subsidy provided in accord- ‘‘(A) $100,000,000 for each of fiscal years 2008 ‘‘(I) substantially equivalent to the bene- ance with this paragraph shall not be treated and 2009; fits coverage in a benchmark benefit pack- as income to the child or the parent of the ‘‘(B) $75,000,000 for each of fiscal years 2010 age described in section 2103(b) or bench- child for whom such subsidy is provided. and 2011; and mark-equivalent coverage that meets the re- ‘‘(D) NO REQUIREMENT TO PROVIDE SUPPLE- ‘‘(C) $50,000,000 for fiscal year 2012. quirements of section 2103(a)(2); MENTAL COVERAGE FOR BENEFITS AND ADDI- ‘‘(2) GRANTS IN ADDITION TO OTHER AMOUNTS ‘‘(II) made similarly available to all of the TIONAL COST-SHARING PROTECTION PROVIDED PAID.—Amounts appropriated and paid under employer’s employees and for which the em- UNDER THE STATE CHILD HEALTH PLAN.—

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12870 CONGRESSIONAL RECORD — SENATE October 15, 2007

‘‘(i) IN GENERAL.—A State that elects the ‘‘(i) include on any application or enroll- (1) in subsection (a)(7), by striking ‘‘section option to provide a premium assistance sub- ment form for child health assistance a no- 1919(g)(3)(B)’’ and inserting ‘‘subsection (h)’’; sidy under this paragraph shall not be re- tice of the availability of premium assist- (2) in subsection (a)(2)(D) by inserting ‘‘, quired to provide a targeted low-income ance subsidies for the enrollment of targeted subject to subsection (g)(3)(C) of such sec- child enrolled in qualified employer-spon- low-income children in qualified employer tion’’ after ‘‘as are attributable to State ac- sored coverage with supplemental coverage sponsored coverage; tivities under section 1919(g)’’; and for items or services that are not covered, or ‘‘(ii) provide, as part of the application and (3) by adding after subsection (g) the fol- are only partially covered, under the quali- enrollment process under the State child lowing new subsection: fied employer-sponsored coverage or cost- health plan, information describing the ‘‘(h) REDUCTION IN PAYMENTS FOR ADMINIS- sharing protection other than the protection availability of such subsidies and how to TRATIVE COSTS TO PREVENT DUPLICATION OF required under section 2103(e)(3)(B). elect to obtain such a subsidy; and PAYMENTS UNDER TITLE IV.—Beginning with ‘‘(ii) NOTICE OF COST-SHARING REQUIRE- ‘‘(iii) establish such other procedures as the calendar quarter commencing October 1, MENTS.—A State shall provide a targeted the State determines necessary to ensure 2007, the Secretary shall reduce the amount low-income child or the parent of such a that parents are informed of the availability paid to each State under subsection (a)(7) for child (as appropriate) who is provided with a of such subsidies under the State child each quarter by an amount equal to 1/4 of the premium assistance subsidy in accordance health plan.’’. annualized amount determined for the Med- with this paragraph with notice of the cost- (b) APPLICATION TO MEDICAID.—Section 1906 icaid program under section 16(k)(2)(B) of the sharing requirements and limitations im- of the Social Security Act (42 U.S.C. 1396e) is Food Stamp Act of 1977 (7 U.S.C. posed under the qualified employer-spon- amended by inserting after subsection (c) the 2025(k)(2)(B)).’’. sored coverage in which the child is enrolled following: SEC. 12. EFFECTIVE DATE. upon the enrollment of the child in such cov- ‘‘(d) The provisions of section 2105(c)(9) (a) IN GENERAL.—Subject to subsection (b), erage and annually thereafter. shall apply to a child who is eligible for med- the amendments made by this Act shall take ‘‘ (iii) RECORD KEEPING REQUIREMENTS.—A ical assistance under the State plan in the effect as if enacted on October 1, 2007. State may require a parent of a targeted same manner as such provisions apply to a (b) DELAY IF STATE LEGISLATION RE- low-income child that is enrolled in qualified targeted low-income child under a State QUIRED.—In the case of a State child health employer-sponsored coverage to bear the re- child health plan under title XXI. Section plan under title XXI of the Social Security sponsibility for keeping track of out-of-pock- 1902(a)(34) shall not apply to a child who is Act or a waiver of such plan under section et expenditures incurred for cost-sharing im- provided a premium assistance subsidy under 1115 of such Act which the Secretary of posed under such coverage and to notify the the State plan in accordance with the pre- Health and Human Services determines re- State when the limit on such expenditures ceding sentence.’’. quires State legislation (other than legisla- imposed under section 2103(e)(3)(B) has been SEC. 9. TREATMENT OF UNBORN CHILDREN. tion appropriating funds) in order for the reached for a year from the effective date of (a) CODIFICATION OF CURRENT REGULA- plan or waiver to meet the additional re- enrollment for such year. TIONS.—Section 2110(c)(1) of the Social Secu- quirements imposed by the amendments ‘‘(iv) STATE OPTION FOR REIMBURSEMENT.—A rity Act (42 U.S.C. 1397jj(c)(1)) is amended by made by this Act, the State child health plan State may retroactively reimburse a parent striking the period at the end and inserting or waiver shall not be regarded as failing to of a targeted low-income child for out-of- the following: ‘‘, and includes, at the option comply with the requirements of such title pocket expenditures incurred after reaching of a State, an unborn child. For purposes of XXI solely on the basis of its failure to meet the 5 percent cost-sharing limitation im- the previous sentence, the term ‘unborn such additional requirements before the first posed under section 2103(e)(3)(B) for a year. child’ means a member of the species Homo day of the first calendar quarter beginning ‘‘(E) 6-MONTH WAITING PERIOD REQUIRED.—A sapiens, at any stage of development, who is after the close of the first regular session of State shall impose at least a 6-month wait- carried in the womb.’’. the State legislature that begins after the ing period from the time an individual is en- (b) CLARIFICATIONS REGARDING COVERAGE date of the enactment of this Act. For pur- rolled in private health insurance prior to OF MOTHERS.—Section 2103 (42 U.S.C. 1397cc) poses of the previous sentence, in the case of the provision of a premium assistance sub- is amended by adding at the end the fol- a State that has a 2–year legislative session, sidy for a targeted low-income child in ac- lowing new subsection: each year of such session shall be deemed to cordance with this paragraph. ‘‘(g) CLARIFICATIONS REGARDING AUTHORITY be a separate regular session of the State ‘‘(F) NON-APPLICATION OF WAITING PERIOD TO PROVIDE POSTPARTUM SERVICES AND MA- legislature. FOR ENROLLMENT IN THE STATE MEDICAID PLAN (c) CONTINGENT EFFECTIVE DATE FOR SCHIP TERNAL HEALTH CARE.—Any State that pro- OR THE STATE CHILD HEALTH PLAN.—A tar- vides child health assistance to an unborn FUNDING FOR FISCAL YEAR 2008.—Notwith- geted low-income child provided a premium child under the option described in section standing any other provision of law, if funds assistance subsidy in accordance with this 2110(c)(1) may— are appropriated under any law (other than paragraph who loses eligibility for such sub- ‘‘(1) continue to provide such assistance to this Act) to provide allotments to States sidy shall not be treated as having been en- the mother, as well as postpartum services, under title XXI of the Social Security Act rolled in private health insurance coverage through the end of the month in which the for all (or any portion) of fiscal year 2008— for purposes of applying any waiting period (1) any amounts that are so appropriated 60–day period (beginning on the last day of imposed under the State child health plan or that are not so allotted and obligated before pregnancy) ends; and the State plan under title XIX for the enroll- ‘‘(2) in the interest of the child to be born, the date of the enactment of this Act are re- ment of the child under such plan. have flexibility in defining and providing scinded; and ‘‘(G) ASSURANCE OF SPECIAL ENROLLMENT (2) any amount provided for such title XXI services to benefit either the mother or un- PERIOD UNDER GROUP HEALTH PLANS IN CASE allotments to a State under this Act (and born child consistent with the health of OF ELIGIBILITY FOR PREMIUM SUBSIDY ASSIST- the amendments made by this Act) for such both.’’. ANCE.—No payment shall be made under sub- fiscal year shall be reduced by the amount of section (a) for amounts expended for the pro- SEC. 10. 50 PERCENT MATCHING RATE FOR ALL such appropriations so allotted and obligated MEDICAID ADMINISTRATIVE COSTS. vision of premium assistance subsidies under before such date. this paragraph unless a State provides assur- Section 1903(a) of the Social Security Act f ances to the Secretary that the State has in (42 U.S.C. 1396b(a)) is amended— (1) by striking paragraph (2); effect laws requiring a group health plan, a (2) by redesignating paragraph (3)(E) as STATEMENTS ON INTRODUCED health insurance issuer offering group health paragraph (2) and re-locating and indenting BILLS AND JOINT RESOLUTIONS insurance coverage in connection with a it appropriately; By Mr. AKAKA. (for himself and group health plan, and a self-funded health (3) in paragraph (2), as so redesignated, by plan, to permit an employee who is eligible, Mr. BROWN): redesignating clauses (i) and (ii) as subpara- S. 2160. A bill to amend title 38, but not enrolled, for coverage under the graphs (A) and (B), and indenting them ap- terms of the plan (or a child of such an em- propriately; United States Code, to establish a pain ployee if the child is eligible, but not en- (4) by striking paragraphs (3) and (4); care initiative in health care facilities rolled, for coverage under such terms) to en- (5) in paragraph (5), by striking ‘‘which are of the Department of Veterans Affairs, roll for coverage under the terms of the plan attributable to the offering, arranging, and and for other purposes; to the Com- if the employee’s child becomes eligible for a furnishing’’ and inserting ‘‘which are for the premium assistance subsidy under this para- mittee on Veterans’ Affairs. medical assistance costs of furnishing’’; Mr. AKAKA. Mr. President, today I, graph. (6) by striking paragraph (6); ‘‘(H) NO EFFECT ON PREVIOUSLY APPROVED (7) in paragraph (7), by striking ‘‘subject to along with my colleague Senator PREMIUM ASSISTANCE PROGRAMS.—Nothing in section 1919(g)(3)(B)’’; and BROWN, introduce legislation that this paragraph shall be construed as limiting (8) by redesignating paragraphs (5) and (7) would enhance VA’s pain management the authority of a State to offer premium as- as paragraphs (3) and (4), respectively. program. It is estimated that nearly 30 sistance under section 1906, a waiver de- SEC. 11. REDUCTION IN PAYMENTS FOR MED- percent of Americans, that is some 86 scribed in paragraph (2)(B) or (3), a waiver ICAID ADMINISTRATIVE COSTS TO million people, suffer from chronic or approved under section 1115, or other author- PREVENT DUPLICATION OF SUCH ity in effect on June 28, 2007. PAYMENTS UNDER TANF. acute pain every year. A recent study ‘‘(I) NOTICE OF AVAILABILITY.—A State Section 1903 of the Social Security Act (42 conducted by VA researchers in Con- shall— U.S.C. 1396b) is amended— necticut found that nearly 50 percent

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12871 of veteran patients that are seen at VA SEC. 2. FINDINGS. SEC. 4. PROGRAM ON RESEARCH AND TRAINING facilities reported that they experience Congress makes the following findings: ON PAIN IN DEPARTMENT OF VET- (1) Acute and chronic pain are prevalent ERANS AFFAIRS. pain regularly. (a) IN GENERAL.—Subchapter II of chapter While pain increases in severity with conditions within the population of veterans. (2) Methods of modern warfare, including 73 of title 38, United States Code, is amended age, it is also a growing problem the use of improvised explosive devices, by adding at the end the following new sec- among younger veterans who have been produce substantial numbers of battlefield tion: injured in the wars in Iraq and Afghan- casualties with significant damage to both ‘‘§ 7330A. Program of research and training istan. Many of these veterans are com- the central and peripheral nervous systems. on acute and chronic pain ing home with severe injuries, often (3) The successes of military health care, ‘‘(a) IN GENERAL.—The Secretary shall traumatic brain injuries, that require both on and off the battlefield, result in high carry out within the Medical and Prosthetic intensive rehabilitation. In some cases, survival rates of severely injured military Research Service of the Veterans Health Ad- these younger veterans will have to personnel who will be afflicted with signifi- ministration a program of research and cant pain disorders on either an acute or training on acute and chronic pain. live with the long-term effects of their chronic basis. injuries, of which pain is a large and ‘‘(b) PURPOSES.—The purposes of the pro- (4) Failure to treat pain appropriately at gram shall include the following: debilitating part. the time of transition from receipt of care ‘‘(1) To identify research priorities most Pain management is an area of from the Department of Defense to receipt of relevant to the treatment of the types of health care that by many accounts is care from the Department of Veterans Af- acute and chronic pain suffered by veterans. not yet up to par, in both the private fairs contributes to the development of long- ‘‘(2) To promote, conduct, and coordinate and public sectors. The bill we are in- term chronic pain syndromes, in some cases research in accordance with such research troducing would enhance VA’s pain accompanied by long-term mental health priorities— management program on a national, and substance use disorders. ‘‘(A) through the facilities and programs of (5) Pain is a leading cause of short-term system-wide level, by requiring VA to the Department; and and long-term disability among veterans. ‘‘(B) in cooperation with other agencies, establish a pain care initiative at every (6) The Department of Veterans Affairs has institutions, and organizations, including VA health care facility. Every hospital implemented important pain care programs the Department of Defense. and clinic would be required to employ at some facilities and in some areas, but ‘‘(3) To educate and train health care per- a professionally recognized pain assess- comprehensive pain care is not consistently sonnel of the Department with respect to the ment tool or process, and ensure that provided on a uniform basis throughout the assessment, diagnosis, treatment, and man- every patient who is determined to be health care system of the Department to all agement of acute and chronic pain. in chronic or acute pain is treated ap- patients in need of such care. ‘‘(c) DESIGNATION OF CENTERS.—(1) The Sec- (7) Inconsistent and ineffective pain care retary shall designate an appropriate num- propriately. provided by the Department of Veterans Af- The profile of a veteran in pain is ber of facilities of the Department as cooper- fairs leads to pain-related impairments, oc- ative centers for research and education on often times different than that of his cupational disability, and medical and men- pain. Each such center shall be designated or her counterpart in the private sec- tal complications for veterans with acute with a focus on research and training on one tor. For example, veterans suffering and chronic pain, with long-term costs for or more of the following: from chronic pain are more likely to be the health care and disability systems of the ‘‘(A) Acute pain. receiving treatment for other problems Department and for society at large. ‘‘(B) Chronic pain. including depression, substance abuse, (8) Research, diagnosis, treatment, and ‘‘(C) A research priority identified under management of acute and chronic pain for subsection (b)(1). alcoholism, or post traumatic stress veterans constitute health care priorities of disorder. Understanding and treating ‘‘(2) The Secretary shall designate at least the United States. one of the centers designated under para- their pain must be a priority, and this SEC. 3. PAIN CARE INITIATIVE IN DEPARTMENT graph (1) as a lead center for research on bill will help VA enhance the depart- OF VETERANS AFFAIRS HEALTH pain attributable to central and peripheral ment’s existing pain management pro- CARE FACILITIES. nervous system damage commonly associ- gram. (a) REQUIREMENT.—Subchapter II of chap- ated with the battlefield injuries char- VA’s current pain management ef- ter 17 of title 38, United States Code, is acteristic of modern warfare. forts are worthwhile, but are unfortu- amended by adding at the end the following ‘‘(3) The Secretary shall designate one of nately not adequate to meet the all of new section: the centers designated under paragraph (1) as the needs of veterans. Pain manage- ‘‘§ 1720F. Pain care the lead center for coordinating the pain care research activities of the centers des- ‘‘(a) IN GENERAL.—The Secretary shall ment in VA continues to be relatively ignated under this subsection. The functions decentralized and unstandardized. carry out at each health care facility of the Department an initiative on pain care. of such center shall be the following: Some VA medical centers have adopted ‘‘(A) To review and evaluate periodically ‘‘(b) ELEMENTS.—The initiative at each successful approaches and procedures health care facility of the Department shall the research of the centers designated under to deal with pain, while others have ensure that each individual receiving treat- this subsection and to ensure that such re- been less active. Fortunately, VA has ment in such health care facility receives search is conducted in accordance with the begun the work of identifying profes- the following: research priorities identified pursuant to sional talent and developing ideas that ‘‘(1) An assessment for pain at the time of subsection (b)(1). ‘‘(B) To collect and disseminate the results provide the groundwork of an effective admission or initial treatment, and periodi- cally thereafter, using a professionally rec- of the research of the centers designated pain management program. This bill under this subsection. would build upon that foundation and ognized pain assessment tool or process. ‘‘(2) Appropriate pain care consistent with ‘‘(C) To develop and disseminate edu- help ensure that these ideas become recognized means for assessment, diagnosis, cational materials and products— practice. treatment, and management of acute and ‘‘(i) to enhance the assessment, diagnosis, This bill provides us with an oppor- chronic pain, including when appropriate, ac- treatment, and management of acute and tunity to help the thousands of vet- cess to specialty pain management serv- chronic pain by the health care professionals erans who are living in pain each and ices.’’. and facilities of the Veterans Health Admin- istration; and (b) CLERICAL AMENDMENT.—The table of every day. I urge all of my colleagues ‘‘(ii) for veterans suffering from acute or sections at the beginning of such chapter is to support this legislation. chronic pain and their families. amended by inserting after the item relating I ask unanimous consent that the ‘‘(d) AWARD OF FUNDING.—Centers des- to section 1720E the following new item: text of the bill be printed in the ignated under subsection (c) may compete RECORD. ‘‘1720F. Pain care.’’. for the award of funding from amounts ap- There being no objection, the text of (c) IMPLEMENTATION.—The Secretary of propriated to the Department each fiscal the bill was ordered to be printed in Veterans Affairs shall ensure that the pain year for medical and prosthetics research. the RECORD, as follows: care initiatives required by section 1720F of ‘‘(e) NATIONAL OVERSIGHT.—The Under Sec- title 38, United States Code, as added by sub- retary of Health shall designate an appro- S. 2160 section (a), are implemented at all health priate officer— Be it enacted by the Senate and House of Rep- care facilities of the Department of Veterans ‘‘(1) to oversee the operation of the centers resentatives of the United States of America in affairs by not later than— designated under subsection (c); and Congress assembled, (1) January 1, 2008, in the case of inpatient ‘‘(2) to review and evaluate periodically the SECTION 1. SHORT TITLE. care; and performance of such centers.’’. This Act may be cited as the ‘‘Veterans (2) January 1, 2009, in the case of out- (b) CLERICAL AMENDMENT.—The table of Pain Care Act of 2007’’. patient care. sections at the beginning of such chapter is

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12872 CONGRESSIONAL RECORD — SENATE October 15, 2007 amended by inserting after the item relating quality mental health services at VA and in the future. To that end, this leg- to section 7330 the following new item: facilities and in their communities. islation sets up a mental health re- ‘‘7330A. Program of research and training on The bill also looks to the future. Our search program based on the successful acute and chronic pain.’’. legislation has eleven core provisions. I pediatric oncology model. We are pro- posing a network of sites with ade- By Mr. AKAKA: will highlight some of them: S. 2162. a Bill to improve the treat- First, VA medical centers would be quate patient flow and clinical and re- ment and services provided by the De- required to offer a minimum range of search expertise. The goal is to pro- partment of Veterans Affairs to vet- services for veterans in need of help to mote rapid progress from research to erans with post-traumatic stress dis- overcome their substance use dis- therapeutic advancement and effective order and substance use disorders, and orders. It would require programs to treatments for PTSD and PTSD in the for other purposes; to the Committee prevent relapse and to provide medical presence of a substance use disorder. An aggressive mental health agenda on Veterans’ Affairs. treatments to reduce cravings for alco- Mr. AKAKA. Mr. President, today I hol and drugs, among others. Many VA for veterans begins by providing VA introduce comprehensive legislation to facilities have some of these programs with financial support. Our comprehen- improve the capacity of the Depart- but there is no universal minimum. sive legislation authorizes the creation ment of Veterans Affairs to care for We know that there are large num- of new programs and expansion of ex- veterans with invisible wounds. bers of veterans suffering with a ter- isting ones. While these changes For too many veterans, returning rible confluence of substance use dis- amount to significant new funding, home from battle will not bring an end orders and other mental health dis- every dollar was included in our Com- to conflict. They will return home, but orders. The bill would require that mittee’s Views and Estimates Letter to the war will follow them in their both issues be treated by a well-quali- the Budget Committee. The Committee hearts and minds. Just as we support fied team of health professionals who on Veterans’ Affairs requested a $700 our troops as they fight in Iraq and Af- would treat the disorders concurrently. million dollar increase in fiscal year ghanistan, we must support them when To ensure that innovative mental 2008 for mental health programs, and they return from war marked by their health services are tailored to indi- the full Senate supported this level in the final budget resolution. A similar service. Invisible wounds are com- vidual communities, the legislation level of funding was supported by the plicated and wide-ranging, and our so- would create grants to enhance pro- full Senate in the VA appropriation lutions must rise to the challenge. grams and fill holes. VA facilities What do we know about the scope of would compete for grants for various bill. I urge all of my colleagues to support the problem? A March 2007 study pub- purposes, from increasing weekend and this innovative and comprehensive leg- lished in the Archives of Internal Medi- evening hours to creating programs islation, which will bring hope and cine reported that more than one-third which encourage urgent care physi- progress to many veterans suffering of war veterans who have served in ei- cians, who are often gateways for new from invisible wounds. ther Iraq or Afghanistan are suffering patients, to quickly refer those whom from various mental ailments, includ- they believe may have a mental health By Mr. INHOFE (for himself and disorder. ing post-traumatic stress disorder, anx- Mr. COCHRAN): iety, depression, substance use disorder Veterans with debilitating mental S. 2164. A bill to establish a Science and other problems. According to the health issues, including substance use and Technology Scholarship Program study, a disproportionate number of disorder and PTSD, may need inpatient to award scholarships to recruit and young soldiers suffer mental health care. VA has moved rapidly to reduce prepare students for careers in the Na- problems. their inpatient mental health capacity, tional Weather Service and in National There is no question that action is but there is no doubt that inpatient Oceanic and Atmospheric Administra- needed. One in five Iraq War veterans stays are necessary for many veterans. tion marine research, atmospheric re- are likely to develop PTSD, as studies This legislation would require the VA search, and satellite programs and for have estimated, and this is but one as- Secretary to designate six inpatient fa- other purposes; to the Committee on pect of the mental health challenges cilities to provide recovery services for Commerce, Science, and Transpor- faced by veterans. veterans with comorbid PTSD and sub- tation. We also know that veterans suffering stance use disorders. Mr. INHOFE. Mr. President, today I from physical and mental wounds use The legislation would also require a introduce the NOAA Scholarship Act of drugs and alcohol to assuage their comprehensive review of VA’s residen- 2007 with my colleague from Mis- pain. Experts believe that stress is the tial mental health facilities. This pro- sissippi, Senator COCHRAN. This bill number one cause of drug abuse, and of vision stems directly from the hearing provides a scholarship program for relapse to drug abuse. Mr. President, 60 testimony of Tony Bailey, whose son promising students who seek to pursue to 80 percent of Vietnam veterans who suffered from PTSD and substance an education in a relevant field of have sought PTSD treatment have al- abuse. Tony’s son, Justin, died while in study and commit to work for a branch cohol use disorders. VA has been deal- a VA domiciliary. He overdosed on of the National Oceanic Atmospheric ing with substance abuse issues for dec- medications provided to him by VA. Administration, NOAA, including the ades, but much remains to be done. Residential facilities are a necessary National Weather Service, upon grad- On April 25, 2007, I chaired a Com- part of VA’s effort to treat mental uation. mittee on Veterans’ Affairs hearing on health problems and they must be up Few can contend with the fact that veterans’ mental health concerns and to par. there is a shortage of American stu- on VA’s response. We heard heart- It has been made clear to me, by dents devoting themselves to the study wrenching testimony from the wit- mental health experts and veterans ex- of science, math and engineering. How- nesses. Randall Omvig spoke of his periencing mental health problems, ever, the demand for trained individ- son’s suicide upon returning from Iraq. that families need to be much more in- uals in these professions is rising. In Tony Bailey spoke of his son’s struggle volved in the care of their loved ones. order to achieve their missions, Fed- with substance abuse, and of his death. Families are suffering in much the eral organizations like NOAA require a Patrick Campbell shared his own expe- same way that veterans themselves are cadre of young talent to enter the rience with PTSD and the experiences suffering. They must have access to workforce with training in fields like of his close friends. Witnesses urged us care which will aid in the effective meteorology, hydrology, and oceanog- to learn, and they urged us to act. treatment and rehabilitation of a vet- raphy. The provisions of this bill are a di- eran. An existing provision of law al- In my great State of Oklahoma, we rect outgrowth of that hearing and the lows such care for family members. Our know the importance of NOAA, and testimony given by those who have suf- legislation simply restates this law and particularly the study of meteorology. fered with mental health issues, and by clarifies the type of services to which Two weeks ago, I met with a group of their family members. family members should have access. Fire Marshalls who informed me that This bill addresses the immediate Finally, our goal is to define the best there are more declared natural disas- needs of veterans by ensuring high possible treatments for veterans now ters per capita in Oklahoma than in

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12873 any other State in the Union. In May given. This program will provide an op- (1) IN GENERAL.—The Administrator may of each year, we experience an average portunity and an incentive for students provide a scholarship under the scholarship of twenty tornadoes. In fact, the fast- to develop scientific expertise that will program for an academic year if the indi- est wind speed ever recorded was in one vidual applying for the scholarship has sub- continue to enable NOAA, at facilities mitted to the Administrator, as part of the of the May tornadoes to hit Oklahoma like the National Weather Center in application required under subsection (c), a in 1999. As Oklahomans, we know that Norman, Oklahoma and elsewhere, to proposed academic program leading to a de- having accurate and timely reporting attain its mission. gree in a program or field of study on the list of atmospheric changes can mean the On September 17, 2007, the House of made available under subsection (d). difference between life and death. Representatives passed identical legis- (2) DURATION OF ELIGIBILITY.—An indi- It is no surprise, then, that the Uni- lation, H.R. 1657, by a vote of 360–16. I vidual may not receive a scholarship under versity of Oklahoma, OU, has devel- request that the Senate move quickly the scholarship program for more than 4 aca- oped an exceptional program for the demic years, unless the Administrator on this bill. grants a waiver. study of meteorology. The OU School Mr. President, I ask unanimous con- (3) SCHOLARSHIP AMOUNT.—The dollar of Meteorology is the largest meteor- sent that the text of the bill be printed amount of a scholarship under the scholar- ology program in the nation, with over in the RECORD. ship program for an academic year shall be 320 undergraduate students and 80 grad- There being no objection, the text of determined under regulations issued by the uate students. It ranks first in the Na- the bill was ordered to be printed in Administrator, but may not exceed the cost tion in severe storms and mesoscale re- the RECORD, as follows: of attendance, as described in paragraph (4). (4) AUTHORIZED USES.—A scholarship pro- search and is among the top seven me- S. 2164 vided under the scholarship program may be teorology programs in the country. OU Be it enacted by the Senate and House of Rep- expended for tuition, fees, and other author- President David Boren, my predecessor resentatives of the United States of America in ized expenses as established by the Adminis- in the Senate, targets the OU School of Congress assembled, trator by regulation. Meteorology to become the leading SECTION 1. SHORT TITLE. (5) CONTRACTS REGARDING DIRECT PAYMENTS radar meteorology program in the This Act may be cited as the ‘‘NOAA TO INSTITUTIONS.—The Administrator may world. Scholarship Act of 2007’’. enter into a contractual agreement with an The OU School of Meteorology is for- SEC. 2. SCIENCE AND TECHNOLOGY SCHOLAR- institution of higher education under which SHIP PROGRAM. tunate to have a state of the art facil- the amounts provided for a scholarship under (a) ESTABLISHMENT OF PROGRAM.— this section for tuition, fees, and other au- ity in the recently constructed Na- (1) IN GENERAL.—The Administrator is au- thorized expenses are paid directly to the in- tional Weather Center. In this 244,000 thorized to establish a Science and Tech- stitution with respect to which the scholar- square foot structure, federal, state, nology Scholarship Program to award schol- ship is provided. and OU organizations partner together arships to individuals to recruit and prepare (f) PERIOD OF OBLIGATED SERVICE.— to better understand weather events students for careers in the National Weather (1) DURATION OF SERVICE.—Except as pro- occurring in the atmosphere. The re- Service and in Administration marine re- vided in subsection (h)(2), the period of serv- search that occurs in this center is search, atmospheric research, and satellite ice for which an individual shall be obligated programs. to serve as an employee of the Administra- truly groundbreaking. The scientists (2) COMPETITIVE PROCESS.—Individuals tion shall be 24 months for each academic who work at NWC, many of them work- shall be selected to receive scholarships year for which a scholarship under the schol- ing with NOAA, have expertise in se- under the scholarship program through a arship program is provided. vere weather, local and regional cli- competitive process primarily on the basis of (2) SCHEDULE FOR SERVICE.— mate, numerical modeling, hydrology, academic merit, with consideration given to (A) IN GENERAL.—Except as provided in and radar meteorology. Their work is financial need and the goal of promoting the subparagraph (B), obligated service under both abstract and tangible, using the- participation of individuals described in sec- paragraph (1) shall begin not later than 60 days after the individual obtains the edu- ory and advanced scientific research to tion 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or cational degree for which the scholarship improve the lives of individuals in 1885b) in the scholarship program. was provided. Oklahoma and around the world. (3) SERVICE AGREEMENTS.—To carry out the (B) DEFERRAL.—The Administrator may The National Weather Center is the scholarship program, the Administrator defer the obligation of an individual to pro- home of many notable achievements. shall enter into contractual agreements with vide a period of service under paragraph (1) if NWC scientists were able to dem- individuals selected under paragraph (2) the Administrator determines that such a onstrate that the Doppler weather under which the individuals agree to serve as deferral is appropriate. The Administrator radar can be useful in detecting torna- full-time employees of the Administration, shall prescribe the terms and conditions does, hail, and other severe weather for the period described in subsection (f)(1), under which a service obligation may be de- ferred through regulation. events. Using the Doppler radar, they in positions needed by the Administration in fields described in paragraph (1) and for (g) PENALTIES FOR BREACH OF SCHOLARSHIP have developed numerical forecasting which the individuals are qualified, in ex- AGREEMENT.— models for government and industry change for receiving a scholarship. (1) FAILURE TO COMPLETE ACADEMIC TRAIN- applications. The scientists at NWC are (b) SCHOLARSHIP ELIGIBILITY.—In order to ING.—Scholarship recipients who fail to also known for taking risks to discover be eligible to participate in the scholarship maintain a high level of academic standing, new and improved ways of collecting program, an individual shall— as defined by the Administrator by regula- data and making observations; for ex- (1) be enrolled or accepted for enrollment tion, who are dismissed from their edu- as a full-time student at an institution of cational institutions for disciplinary rea- ample, they can be credited with show- sons, or who voluntarily terminate academic ing the effectiveness of rapidly higher education in an academic program or field of study described in the list made training before graduation from the edu- deployable, truck-mounted radars that available under subsection (d); cational program for which the scholarship they drive into the middle of fierce (2) be a citizen or permanent resident of was awarded, shall be in breach of their con- storms. the United States; and tractual agreement and, in lieu of any serv- It is with the first-hand knowledge of (3) at the time of the initial scholarship ice obligation arising under such agreement, the important work of the National award, not be an employee (as that term is shall be liable to the United States for re- Weather Service and the National Oce- defined in section 2105 of title 5, United payment not later than 1 year after the date anic Atmospheric Administration’s re- States Code) of the United States. of default of all scholarship funds paid to them and to the institution of higher edu- search in marine research, atmospheric (c) APPLICATION REQUIRED.—An individual seeking a scholarship under the scholarship cation on their behalf under the agreement, research, and satellite programs that I program shall submit an application to the except as provided in subsection (h)(2). The introduce this bill. The NOAA Scholar- Administrator at such time, in such manner, repayment period may be extended by the ship Act of 2007 will establish a schol- and containing such information, agree- Administrator when determined to be nec- arship program for promising students ments, or assurances as the Administrator essary, as established by regulation. who desire to pursue an education in a may require to carry out this section. (2) FAILURE TO BEGIN OR COMPLETE THE relevant field of study and then serve (d) ELIGIBLE ACADEMIC PROGRAMS.—The SERVICE OBLIGATION OR MEET THE TERMS AND as full-time employees of NOAA at the Administrator shall make publicly available CONDITIONS OF DEFERMENT.—Except as pro- a list of academic programs and fields of vided in subsection (h), an individual who re- completion of their degrees. The stu- study for which scholarships may be utilized ceives a scholarship under the scholarship dents will be required to work for in fields described in subsection (a)(1), and program and who, for any reason, fails to NOAA for 24 months in return for each shall update the list as necessary. begin or complete a service obligation under academic year that a scholarship is (e) SCHOLARSHIP REQUIREMENT.— this section after completion of academic

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12874 CONGRESSIONAL RECORD — SENATE October 15, 2007 training, or fails to comply with the terms Whereas more than 1,130,000 firefighters ties, Wisconsin, to be in a state of disaster as and conditions of deferment established by protect the United States through their he- a result of these storms; the Administrator pursuant to subsection roic service; Whereas, on August 22, 2007, and in the (f)(2)(B), shall be in breach of the contractual Whereas the Nation’s fire departments re- days following, the Governor of Iowa de- agreement. Such an individual shall be liable spond to emergency calls nearly once per clared Allamakee, Appanoose, Boone, Cal- to the United States for an amount equal second and dispatch to fire emergencies houn, Cherokee, Davis, Humboldt, Mahaska, to— every 20 seconds; Montgomery, Palo Alto, Pocahontas, Union, (A) the total amount received by the indi- Whereas approximately 1,600,000 fires are Van Buren, Wapello, Wayne, Webster, and vidual under the scholarship program; plus reported annually; Winneshiek Counties, Iowa, to be in a state (B) the amount of interest that would have Whereas firefighters respond with courage of disaster as a result of these storms; been earned on such amount, at the max- to all disasters, whether they be acts of ter- Whereas, on August 22, 2007, the Governor imum legal prevailing rate as determined by rorism, natural disasters, or other emer- of Ohio declared Allen, Crawford, Hancock, the Treasurer of the United States, during gencies; Hardin, Putnam, Richland, Seneca, Van the period between the date the amount was Whereas 343 firefighters sacrificed their Wert, and Wyandot Counties, Ohio, to be in awarded to the individual and the date of the lives responding heroically to the events of a state of disaster as a result of these breach of the agreement. September 11, 2001; storms; (h) WAIVER OR SUSPENSION OF OBLIGA- Whereas firefighters from across the Na- Whereas, on August 24, 2007, and in the TION.— tion responded with remarkable selflessness days following, the Governor of Illinois de- (1) DEATH OF INDIVIDUAL.—Any obligation throughout the areas affected by Hurricane clared Cook, DeKalb, DuPage, Grundy, Lake, of an individual incurred under the scholar- Katrina; LaSalle, Kane, Knox, McHenry, Warren, and ship program (or a contractual agreement Whereas 89 firefighters lost their lives in Will Counties, Illinois, to be in a state of dis- thereunder) for service or payment shall be 2006, and over 80,000 were injured in the line aster as a result of these storms; canceled upon the death of the individual. of duty; Whereas President Bush declared 8 coun- (2) IMPOSSIBILITY OR EXTREME HARDSHIP.— Whereas we have honored firefighters for ties in Minnesota, 8 counties in Ohio, 14 The Administrator shall by regulation pro- educating the American public since Presi- counties in Wisconsin, 6 counties in Illinois, vide for the partial or total waiver or suspen- dent Harding declared the first Fire Preven- and 14 counties in Iowa to be major disaster sion of any obligation of service or payment tion Week in 1922; areas as a result of these storms, and indi- incurred by an individual under the scholar- Whereas the National Fire Protection As- viduals and families, State and local Govern- ship program (or a contractual agreement sociation has designated the week of October ments, and certain private nonprofit organi- thereunder) whenever compliance by the in- 7-13, 2007 as Fire Prevention Week; and zations in these areas became eligible for in- dividual is impossible or would involve ex- Whereas educating Americans on methods dividual or public Federal disaster assistance treme hardship to the individual, or if en- of fire prevention and escape planning con- or both; forcement of such obligation with respect to tinues to be a priority for all firefighters: Whereas numerous individuals and entities the individual would be contrary to the best Now, therefore, be it have selflessly and heroically given of them- interests of the United States. Resolved, That the Senate— selves and their resources to aid in the dis- SEC. 3. DEFINITIONS. (1) supports the work of firefighters to edu- aster relief efforts; and In this Act: cate and protect the Nation’s communities; Whereas the catastrophic injury, death, (a) ADMINISTRATION.—The term ‘‘Adminis- and and damage in Illinois, Iowa, Minnesota, tration’’ means the National Oceanic and At- (2) supports the goals and ideals of Fire Ohio, and Wisconsin would have been even mospheric Administration. Prevention Week, October 7-13, 2007, as des- worse in the absence of local relief efforts: (b) ADMINISTRATOR.—The term ‘‘Adminis- ignated by the National Fire Protection As- Now, therefore, be it trator’’ means the Under Secretary for sociation. Resolved, That the Senate— Oceans and Atmosphere of the Department (1) expresses heartfelt sympathy for the f of Commerce. victims of the devastating thunderstorms (c) COST OF ATTENDANCE.—The term ‘‘cost SENATE RESOLUTION 346—EX- that caused severe flooding during August of attendance’’ has the meaning given that PRESSING HEARTFELT SYM- 2007 in the States of Illinois, Iowa, Min- term in section 472 of the Higher Education PATHY FOR THE VICTIMS OF nesota, Ohio, and Wisconsin; Act of 1965 (20 U.S.C. 1087ll). (2) conveys gratitude to the local, State, (d) INSTITUTION OF HIGHER EDUCATION.—The THE DEVASTATING THUNDER- STORMS THAT CAUSED SEVERE and Federal officials and emergency per- term ‘‘institution of higher education’’ has sonnel who responded swiftly to the crisis, the meaning given that term in section FLOODING DURING AUGUST 2007 including emergency management teams in 101(a) of the Higher Education Act of 1965 (20 IN THE STATES OF ILLINOIS, each of the affected States, Michael Chertoff, U.S.C. 1001(a)). IOWA, MINNESOTA, OHIO, AND Secretary of Homeland Security, and David (e) SCHOLARSHIP PROGRAM.—The term WISCONSIN, AND FOR OTHER Paulison, Administrator of the Federal ‘‘scholarship program’’ means the Science Emergency Management Agency; and Technology Scholarship Program estab- PURPOSES (3) recognizes the generous and selfless lished under section 2(a). Mr. COLEMAN (for himself, Ms. support of citizens, local businesses, the f KLOBUCHAR, Mr. DURBIN, Mr. GRASSLEY, American Red Cross, the United Way, Catho- Mr. HARKIN, Mr. BROWN, Mr. VOINOVICH, SUBMITTED RESOLUTIONS lic Charities, and the Salvation Army; and Mr. FEINGOLD, Mr. KOHL, and Mr. (4) reaffirms support for helping the vic- OBAMA) submitted the following resolu- tims of the flooding rebuild their homes and SENATE RESOLUTION 345—SUP- tion; which was referred to the Com- lives. PORTING THE WORK OF FIRE- mittee on the Judiciary: f S. RES. 346 FIGHTERS TO EDUCATE AND AMENDMENTS SUBMITTED AND PROTECT THE NATION’S COMMU- Whereas, during August 2007, severe thun- PROPOSED NITIES, AND THE GOALS AND derstorms were responsible for bringing as SA 3270. Mr. SHELBY submitted an amend- IDEALS OF FIRE PREVENTION much as 18 inches of torrential rain to parts of the States of Illinois, Iowa, Minnesota, ment intended to be proposed by him to the WEEK, OCTOBER 7–13, 2007, AS Ohio, and Wisconsin, resulting in dev- bill H.R. 3093, making appropriations for the DESIGNATED BY THE NATIONAL astating floods; Departments of Commerce and Justice, and FIRE PROTECTION ASSOCIATION Whereas these storms tragically took the Science, and Related Agencies for the fiscal lives of 14 people; year ending September 30, 2008, and for other Ms. COLLINS (for herself, Mr. DODD, purposes; which was ordered to lie on the Mr. BIDEN, and Mr. MCCAIN) submitted Whereas these storms injured countless other people, damaged or destroyed thou- table. the following resolution; which was SA 3271. Mr. SHELBY submitted an amend- sands of homes, and devastated businesses ment intended to be proposed by him to the considered and agreed to: and institutions; S. RES. 345 bill H.R. 3093, supra. Whereas, on August 21, 2007, the Governor SA 3272. Mr. SHELBY submitted an amend- Whereas firefighters have maintained their of Minnesota declared Fillmore, Houston, ment intended to be proposed by him to the dedication to the health and safety of the Steele, Olmsted, Wabasha, and Winona Coun- bill H.R. 3093, supra. American public since the first American ties, Minnesota, to be in a state of disaster SA 3273. Mr. SHELBY submitted an amend- fire departments were organized in the colo- as a result of these storms, and subsequently ment intended to be proposed by him to the nial era; Dodge and Jackson Counties, Minnesota, re- bill H.R. 3093, supra. Whereas today’s firefighters provide a mul- ceived a Federal major disaster declaration SA 3274. Ms. CANTWELL (for herself, Mr. titude of services, including emergency med- as well; SMITH, and Ms. COLLINS) submitted an ical services, special rescue response, haz- Whereas, on August 20 and 21, 2007, the amendment intended to be proposed by her ardous material and terrorism response, and Governor of Wisconsin declared Crawford, La to the bill H.R. 3093, supra; which was or- public safety education; Crosse, Richland, Sauk, and Vernon Coun- dered to lie on the table.

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12875

SA 3275. Mr. LEVIN submitted an amend- bill H.R. 3093, supra; which was ordered to lie amendment SA 3274 submitted by Ms. CANT- ment intended to be proposed by him to the on the table. WELL (for herself, Mr. SMITH, and Ms. COL- bill H.R. 3093, supra. SA 3298. Mr. KERRY (for himself and Mr. LINS) and intended to be proposed to the bill SA 3276. Mr. DORGAN (for himself, Mr. GRAHAM) submitted an amendment intended H.R. 3093, supra; which was ordered to lie on GRASSLEY, and Mr. DURBIN) submitted an to be proposed by him to the bill H.R. 3093, the table. amendment intended to be proposed by him supra; which was ordered to lie on the table. f to the bill H.R. 3093, supra; which was or- SA 3299. Mr. KERRY (for himself and Mr. dered to lie on the table. KENNEDY) submitted an amendment intended TEXT OF AMENDMENTS SA 3277. Mr. VITTER (for himself, Mr. SES- to be proposed by him to the bill H.R. 3093, SIONS, and Mr. DEMINT) submitted an amend- supra; which was ordered to lie on the table. Mr. SHELBY submitted an ment intended to be proposed by him to the SA 3300. Mrs. MCCASKILL (for herself, Mr. SA 3270. bill H.R. 3093, supra. DOMENICI, and Mr. INOUYE) submitted an amendment intended to be proposed by SA 3278. Mr. STEVENS submitted an amendment intended to be proposed by her him to the bill H.R. 3093, making ap- amendment intended to be proposed by him to the bill H.R. 3093, supra; which was or- propriations for the Departments of to the bill H.R. 3093, supra; which was or- dered to lie on the table. Commerce and Justice, and Science, dered to lie on the table. SA 3301. Mrs. BOXER submitted an amend- and Related Agencies for the fiscal SA 3279. Mr. KYL submitted an amend- ment intended to be proposed by her to the ment intended to be proposed by him to the year ending September 30, 2008, and for bill H.R. 3093, supra; which was ordered to lie other purposes; which was ordered to bill H.R. 3093, supra; which was ordered to lie on the table. on the table . SA 3302. Mrs. CLINTON submitted an lie on the table; as follows: SA 3280. Mr. SESSIONS submitted an amendment intended to be proposed by her On 88, line 1, strike ‘‘$625,000,000’’ and all amendment intended to be proposed by him to the bill H.R. 3093, supra; which was or- that follows through line 2 and insert the fol- to the bill H.R. 3093, supra; which was or- dered to lie on the table. lowing: ‘‘$645,000,000 shall not be available dered to lie on the table. SA 3303. Ms. MIKULSKI submitted an for obligation until the following fiscal year SA 3281. Mr. SESSIONS submitted an amendment intended to be proposed by her and, notwithstanding any other provision of amendment intended to be proposed by him to the bill H.R. 3093, supra; which was or- this Act, the amount appropriated to the to the bill H.R. 3093, supra; which was or- dered to lie on the table. State Criminal Alien Assistance Program is dered to lie on the table. SA 3304. Mrs. BOXER submitted an amend- reduced by $20,000,000.’’ SA 3282. Mr. SESSIONS submitted an ment intended to be proposed by her to the amendment intended to be proposed by him bill H.R. 3093, supra; which was ordered to lie SA 3271. Mr. SHELBY submitted an to the bill H.R. 3093, supra; which was or- on the table. amendment intended to be proposed by dered to lie on the table. SA 3305. Ms. MIKULSKI submitted an him to the bill H.R. 3093, making ap- SA 3283. Mr. SESSIONS submitted an amendment intended to be proposed by her propriations for the Departments of amendment intended to be proposed by him to the bill H.R. 3093, supra; which was or- Commerce and Justice, and Science, to the bill H.R. 3093, supra; which was or- dered to lie on the table. dered to lie on the table. and Related Agencies for the fiscal SA 3306. Ms. MIKULSKI submitted an year ending September 30, 2008, and for SA 3284. Mr. SESSIONS submitted an amendment intended to be proposed by her amendment intended to be proposed by him to the bill H.R. 3093, supra; which was or- other purposes; as follows: to the bill H.R. 3093, supra; which was or- dered to lie on the table. On page 30 line 4 strike the ‘‘.’’ and insert dered to lie on the table. SA 3307. Ms. MIKULSKI submitted an ‘‘: Provided, That within 200 days of enact- SA 3285. Mr. SESSIONS submitted an amendment intended to be proposed by her ment of this Act, the Inspector General shall amendment intended to be proposed by him to the bill H.R. 3093, supra; which was or- conduct an audit and issue a report to the to the bill H.R. 3093, supra; which was or- dered to lie on the table. Committees on Appropriations of all ex- dered to lie on the table. SA 3308. Ms. MIKULSKI submitted an penses of the legislative and public affairs of- SA 3286. Mr. DEMINT submitted an amend- amendment intended to be proposed by her fices at each location of the Justice Depart- ment intended to be proposed by him to the to the bill H.R. 3093, supra; which was or- ment, it’s bureaus and agencies, including bill H.R. 3093, supra; which was ordered to lie dered to lie on the table. but not limited to every field office and on the table. SA 3309. Ms. MIKULSKI submitted an headquarters component; the audit shall in- SA 3287. Mr. VITTER submitted an amend- amendment intended to be proposed by her clude any and all expenses related to these ment intended to be proposed by him to the to the bill H.R. 3093, supra. activities.’’ bill H.R. 3093, supra; which was ordered to lie SA 3310. Ms. MIKULSKI (for herself and on the table. Ms. COLLINS) submitted an amendment in- SA 3272. Mr. SHELBY submitted an SA 3288. Mr. SHELBY submitted an amend- amendment intended to be proposed by ment intended to be proposed by him to the tended to be proposed by her to the bill H.R. bill H.R. 3093, supra. 3093, supra. him to the bill H.R. 3093, making ap- SA 3311. Ms. MIKULSKI submitted an SA 3289. Mr. DEMINT submitted an amend- propriations for the Departments of ment intended to be proposed by him to the amendment intended to be proposed by her Commerce and Justice, and Science, bill H.R. 3093, supra; which was ordered to lie to the bill H.R. 3093, supra; which was or- and Related Agencies for the fiscal on the table. dered to lie on the table. SA 3312. Mr. STEVENS (for himself and year ending September 30, 2008, and for SA 3290. Mr. SMITH submitted an amend- other purposes; as follows: ment intended to be proposed by him to the Mr. INOUYE) submitted an amendment in- bill H.R. 3093, supra; which was ordered to lie tended to be proposed by him to the bill H.R. On page 18 line 13 strike the ‘‘.’’ and insert on the table. 3093, supra; which was ordered to lie on the the following: ‘‘: Provided, That of the amounts provided SA 3291. Mr. KYL submitted an amend- table. to the Secretary within this account, ment intended to be proposed by him to the SA 3313. Mrs. DOLE submitted an amend- $10,000,000 shall not become available for ob- bill H.R. 3093, supra; which was ordered to lie ment intended to be proposed by her to the ligation until the Secretary certifies to the on the table. bill H.R. 3093, supra; which was ordered to lie SA 3292. Mr. KYL submitted an amend- on the table. Committees on Appropriations that the Bu- ment intended to be proposed by him to the SA 3314. Mr. SUNUNU (for himself, Ms. reau of the Census has followed, and met all bill H.R. 3093, supra; which was ordered to lie SNOWE, and Mr. GREGG) submitted an amend- best practices, and all Office of Management on the table. ment intended to be proposed by him to the and Budget guidelines related to information SA 3293. Ms. SNOWE submitted an amend- bill H.R. 3093, supra; which was ordered to lie technology projects: Provided further, That ment intended to be proposed by her to the on the table. the Secretary, within 120 days of enactment bill H.R. 3093, supra; which was ordered to lie SA 3315. Mr. THUNE submitted an amend- of this Act, shall provide a report to the on the table. ment intended to be proposed by him to the Committees on Appropriations that audits SA 3294. Mr. ENSIGN submitted an amend- bill H.R. 3093, supra; which was ordered to lie and evaluates all decision documents and ex- ment intended to be proposed by him to the on the table. penditures by the Bureau of the Census as bill H.R. 3093, supra; which was ordered to lie SA 3316. Mr. THUNE submitted an amend- they relate to the 2010 Census: Provided fur- on the table. ment intended to be proposed by him to the ther, That the Secretary, within 120 days of SA 3295. Mr. ENSIGN submitted an amend- bill H.R. 3093, supra; which was ordered to lie the enactment of this Act, shall provide a re- ment intended to be proposed by him to the on the table. port to Congress that is publicly available on bill H.R. 3093, supra; which was ordered to lie SA 3317. Mr. THUNE submitted an amend- the Bureau’s website on the steps that the on the table. ment intended to be proposed by him to the Census Bureau will take to allow citizens the SA 3296. Mr. ENSIGN submitted an amend- bill H.R. 3093, supra. opportunity to complete the decennial cen- ment intended to be proposed by him to the SA 3318. Mr. COBURN submitted an sus and the American Community Survey bill H.R. 3093, supra; which was ordered to lie amendment intended to be proposed by him over the Internet.’’ on the table. to the bill H.R. 3093, supra. SA 3297. Mr. ENSIGN submitted an amend- SA 3319. Ms. CANTWELL submitted an SA 3273. Mr. SHELBY submitted an ment intended to be proposed by him to the amendment intended to be proposed to amendment intended to be proposed by

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12876 CONGRESSIONAL RECORD — SENATE October 15, 2007 him to the bill H.R. 3093, making ap- (6) the advisability of imposing a sen- and for other purposes; which was or- propriations for the Departments of tencing enhancement— dered to lie on the table; as follows: (A) if a person commits both a meth- Commerce and Justice, and Science, On page 98, between lines 18 and 19, insert amphetamine crime and an identity theft and Related Agencies for the fiscal the following: crime; and year ending September 30, 2008, and for (B) if a person is part of a conspiracy to TITLE VII—RESTITUTION other purposes; as follows: commit methamphetamine and identity SEC. 701. SHORT TITLE. On page 69 line 13 after the second ‘‘.’’ theft crimes; and This title may be cited as the ‘‘Restitution strike all through page 70 line 10 and insert: (7) the advisability of establishing a pass- for Victims of Crime Act of 2007’’. ‘‘Of the funds appropriated in this Act for word-protected electronic clearinghouse Subtitle A—Collection of Restitution the Federal Bureau of Investigation’s Sen- within the Department of Justice for Fed- SEC. 721. SHORT TITLE. tinel program, $25,000,000 shall not be avail- eral, State, and local law enforcement agen- This subtitle may be cited as the ‘‘Collec- able for obligation until 60 days after the cies to— tion of Restitution Improvement Act of Committees on Appropriations receive from (A) share information on crimes involving 2007’’. the Federal Bureau of Investigation a report both methamphetamine and the commission on the results of a completed integrated of identity theft; SEC. 722. PROCEDURE FOR ISSUANCE AND EN- FORCEMENT OF RESTITUTION. baseline review for that program: Provided, (B) create a better understanding of the Section 3664(f) of title 18, United States That the report shall be submitted simulta- correlation between such crimes; and Code, is amended by striking paragraphs (2) neously to the Government Accountability (C) share best practices. Office: Provided further, That the Govern- (b) Not later than 12 months after the date through (4) and inserting the following: ‘‘(C)(i) Each restitution order shall— ment Accountability Office shall review the of the enactment of this Act, the Attorney ‘‘(I) contain information sufficient to iden- Bureau’s performance measurement baseline General shall submit a report to Congress de- tify each victim to whom restitution is for the Sentinel program and shall submit scribing the findings of the study conducted owed; its findings to the Committees on Appropria- under (a). ‘‘(II) require that a copy of the court order tions of the Senate and House of Representa- (c) Notwithstanding any other provision of be sent to each such victim; and tives within 60 days of its receipt of the re- this Act, the amount rescinded for the Work- ‘‘(III) inform each such victim of the obli- port. ing Capital Fund of the Department of Jus- gation to notify the appropriate entities of SEC. 216. None of the funds appropriated in tice under the heading ‘‘GENERAL ADMINIS- this or any other Act shall be obligated for TRATION’’ under the subheading ‘‘WORKING any change in address. ‘‘(ii) It shall be the responsibility of each the initiation of a future phase or increment CAPITAL FUND (RESCISSION)’’ under title VI of victim to whom restitution is owed to notify of the Federal Bureau of Investigation’s Sen- this Act is increased by $500,000. the Attorney General, or the appropriate en- tinel program until the Attorney General tity of the court, by means of a form to be certifies to the Committees on Appropria- SA 3275. Mr. LEVIN submitted an provided by the Attorney General or the tions that existing phases or increments cur- amendment intended to be proposed by court, of any change in the victim’s mailing rently under contract for development or him to the bill H.R. 3093, making ap- address while restitution is still owed to the fielding have completed 70 percent of the propriations for the Departments of victim. work for that phase or increment under the Commerce and Justice, and Science, ‘‘(iii) The confidentiality of any informa- performance measurement baseline validated and Related Agencies for the fiscal tion relating to a victim under this subpara- by the integrated baseline review referred to year ending September 30, 2008, and for graph shall be maintained. in SEC. 215 of this Act: Provided, That this re- ‘‘(2) The court shall order that the restitu- striction does not apply to planning and de- other purposes; as follows: tion imposed is due in full immediately upon sign activities for future phases or incre- At the appropriate place, insert the fol- imposition. ments: Provided further, That the Bureau will lowing: SEC. ll. ANNUAL REPORT ON DELAYED BACK- ‘‘(3) The court shall direct the defendant— notify the Committees of any significant ‘‘(A) to make a good-faith effort to satisfy changes to the baseline.’’ GROUND CHECKS. (a) IN GENERAL.—Not later than 60 days the restitution order in the shortest time in which full restitution can be reasonably SA 3274. Ms. CANTWELL (for herself, after the end of each fiscal year, the Director of the Federal Bureau of Investigation shall made, and to refrain from taking any action Mr. SMITH, and Ms. COLLINS) submitted submit a report to the congressional com- that conceals or dissipates the defendant’s an amendment intended to be proposed mittees listed in subsection (b) that con- assets or income; by her to the bill H.R. 3093, making ap- tains, with respect to the most recently com- ‘‘(B) to notify the court of any change in propriations for the Departments of pleted fiscal year— residence; and Commerce and Justice, and Science, (1) a statistical analysis of the number of ‘‘(C) to notify the United States Attorney and Related Agencies for the fiscal background checks processed and pending, for the district in which the defendant was year ending September 30, 2008, and for including check requests in process at the sentenced of any change in residence, and of time of the report and check requests that any material change in economic cir- other purposes; which was ordered to cumstances that might affect the defend- lie on the table; as follows: have been received but are not yet in proc- ess; ant’s ability to pay restitution. On page 70, between lines 10 and 11, insert (2) the average time taken to complete ‘‘(4) Compliance with all payment direc- the following: each type of background check; tions imposed under paragraphs (6) and (7) SEC. 217. (a) In addition to any other (3) a description of the efforts and progress shall be prima facie evidence of a good faith amounts otherwise appropriated to the At- made by the Director in addressing any effort under paragraph (3)(A), unless it is torney General under this Act, there is ap- delays in completing such background shown that the defendant has concealed or propriated to the Attorney General, $500,000, checks; and dissipated assets. to conduct a study, in conjunction with (4) a description of the progress that has ‘‘(5) Notwithstanding any other provision other Federal agencies, on— been made in automating files used in the of law, for the purpose of enforcing a restitu- (1) the connection between methamphet- name check process, including investigative tion order, a United States Attorney may re- amine crimes and identity theft crimes, and files of the Federal Bureau of Investigation. ceive, without the need for a court order, assess the degree of correlation between such (b) RECIPIENTS.—The congressional com- any financial information concerning the de- crimes; mittees listed in this subsection are— fendant obtained by the grand jury that in- (2) how individuals who use methamphet- (1) the Committee on the Judiciary of the dicted the defendant for the crime for which amine and commit identity theft crimes Senate; restitution has been awarded, the United typically obtain the information of the vic- (2) the Committee on Homeland Security States Probation Office, or the Bureau of tim of such crimes; and Governmental Affairs of the Senate; Prisons. A victim may also provide financial (3) how individuals who use methamphet- (3) the Committee on the Judiciary of the information concerning the defendant to the amine and commit identity theft crimes mis- House of Representatives; and United States Attorney. use the information of the victims of such (4) the Committee on Homeland Security ‘‘(6)(A) At sentencing, or at any time prior crimes; of the House of Representatives. to the termination of a restitution obliga- (4) the possible linkages between the sale tion under section 3613 of this title, the court and distribution of methamphetamine, gang SA 3276. Mr. DORGAN (for himself, may— activity, and gang-related crimes, including Mr. GRASSLEY, and Mr. DURBIN) sub- ‘‘(i) impose special payment directions whether there is an increase in gang-related mitted an amendment intended to be upon the defendant or modify such direc- crime with respect to identity theft; proposed by him to the bill H.R. 3093, tions; or (5) the needs of Federal, State, local, and ‘‘(ii) direct the defendant to make a single, tribal law enforcement to pursue and pros- making appropriations for the Depart- lump sum payment, partial payments at ecute methamphetamine crimes related to ments of Commerce and Justice, and specified intervals, in-kind payments, or a identity theft and whether any changes are Science, and Related Agencies for the combination of payments at specified inter- needed to Federal law; fiscal year ending September 30, 2008, vals and in-kind payments.

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12877

‘‘(B) The period of time over which sched- States to continue its investigation of the ‘‘(G) PRESERVATION OF PROPERTY.—The uled payments are established for purposes defendant’s financial circumstances, conduct court may enter a restraining order or in- of this paragraph shall be the shortest time discovery, record a lien, or seek any injunc- junction, require the execution of a satisfac- in which full payment reasonably can be tion or other relief from the court.’’. tory performance bond, or take any other ac- made. SEC. 723. IMPOSITION OF CRIMINAL FINES AND tion to preserve the availability of property ‘‘(C) In-kind payments may be in the form PAYMENT DIRECTIONS. for payment of the fine or assessment. of the return of property, replacement of Subsection 3572(d) of title 18, United States ‘‘(6) CONSIDERATIONS.—In determining property, or, if the victim agrees, services Code, is amended to read as follows: whether to impose or modify special pay- rendered to the victim or a person or organi- ‘‘(d) PAYMENT.— ment directions, the court may consider— zation other than the victim. ‘‘(1) IN GENERAL.—The court shall order ‘‘(A) the need to satisfy the fine or assess- ‘‘(D) In ordering restitution, the court may that any fine or assessment imposed be due ment; direct the defendant to— in full immediately upon imposition. ‘‘(B) the financial ability of the defendant; ‘‘(i) repatriate any property that con- ‘‘(2) EFFORTS TO MAKE PAYMENT.—The ‘‘(C) the economic circumstances of the de- stitutes proceeds of the offense of convic- court shall— fendant, including the financial resources tion, or property traceable to such proceeds; ‘‘(A) direct the defendant to make a good- and other assets of the defendant, and wheth- and faith effort to satisfy the fine and assess- er any of those assets are jointly controlled; ‘‘(ii) surrender to the United States, or to ment in the shortest time in which full pay- ‘‘(D) the projected earnings and other in- the victim named in the restitution order, ment can be reasonably made, and to refrain come of the defendant; any interest of the defendant in any non- from taking any action that conceals or dis- ‘‘(E) any financial obligations of the de- exempt asset. sipates the defendant’s assets or income; fendant, including obligations to dependents; ‘‘(B) direct the defendant to notify the ‘‘(E) The court may enter a restraining ‘‘(F) whether the defendant has concealed court of any change in residence; and order or injunction, require the execution of or dissipated assets or income; and ‘‘(C) order the defendant to notify the a satisfactory performance bond, or take any ‘‘(G) any other appropriate circumstances. United States Attorney for the district in other action to preserve the availability of ‘‘(7) USE OF RESOURCES.—Any substantial which the defendant was sentenced of any property for restitution. resources from any source, including inherit- change in residence, and of any material ‘‘(7)(A) In determining whether to impose ance, settlement, or other judgment shall be change in economic circumstances that or modify specific payment directions, the applied to any fine or assessment still owed. might affect the defendant’s ability to pay court may consider— ‘‘(8) NOMINAL PAYMENTS.—If the court finds restitution. ‘‘(i) the need to provide restitution to the that the economic circumstances of the de- victims of the offense; ‘‘(3) GOOD FAITH.—Compliance with all pay- ment directions imposed by paragraphs (5) fendant do not allow the immediate payment ‘‘(ii) the financial ability of the defendant; of any substantial amount of the fine or as- ‘‘(iii) the economic circumstances of the and (6) shall be prima facie evidence of a good faith effort under paragraph (2)(A), un- sessment imposed, the court may direct the defendant, including the financial resources defendant to make nominal payments of not and other assets of the defendant and wheth- less it is shown that the defendant has con- cealed or dissipated assets; less than $100 per year toward the fine or as- er any of those assets are jointly controlled; sessment imposed. ‘‘(iv) the projected earnings and other in- ‘‘(4) ACCESS TO INFORMATION.—Notwith- standing any other provision of law, for the ‘‘(9) INMATE FINANCIAL RESPONSIBILITY PRO- come of the defendant; GRAM.—Court-imposed special payment di- ‘‘(v) any financial obligations of the de- purpose of enforcing a fine or assessment, a United States Attorney may receive, with- rections shall not limit the ability of the At- fendant, including obligations to dependents; torney General to maintain an Inmate Fi- ‘‘(vi) whether the defendant has concealed out the need for a court order, any financial information concerning the defendant ob- nancial Responsibility Program that encour- or dissipated assets or income; and ages sentenced inmates to meet their legiti- ‘‘(vii) any other appropriate cir- tained by a grand jury, the United States Probation Office, or the Bureau of Prisons. mate financial obligations. cumstances. ‘‘(10) ENFORCEMENT.— ‘‘(B) Any substantial resources from any ‘‘(5) PAYMENT SCHEDULE.— ‘‘(A) IN GENERAL.—At sentencing, or at any ‘‘(A) IN GENERAL.—The ability of the Attor- source, including inheritance, settlement, or ney General to enforce the fines and assess- other judgment, shall be applied to any out- time prior to the termination of a restitu- tion obligation under section 3613 of this ment ordered under paragraph (1) shall not standing restitution obligation. be limited by an appeal, or the possibility of ‘‘(8)(A) If the court finds that the economic title, the court may— ‘‘(i) impose special payment directions a correction, modification, amendment, ad- circumstances of the defendant do not allow justment, or reimposition of a sentence, un- the payment of any substantial amount as upon the defendant or modify such direc- tions; or less the court expressly so orders, for good restitution, the court may direct the defend- cause shown and stated on the record. ant to make nominal payments of not less ‘‘(ii) direct the defendant to make a single, ‘‘(B) EXCEPTIONS.—Absent exceptional cir- than $100 per year toward the restitution ob- lump sum payment, or partial payments at specified intervals. cumstances, as determined by the court, an ligation. order limiting enforcement of a fine or as- ‘‘(B) Any money received from the defend- ‘‘(B) PERIOD OF TIME.—The period of time sessment shall— ant under subparagraph (A) shall be dis- over which scheduled payments are estab- ‘‘(i) require the defendant to deposit, in the bursed so that any outstanding assessment lished for purposes of this paragraph shall be registry of the district court, any amount of imposed under section 3013 is paid first in the shortest time in which full payment can the fine or assessment that is due; full. reasonably be made. ‘‘(ii) require the defendant to post a bond ‘‘(9) Court-imposed special payment direc- ‘‘(C) REPATRIATION.—The court may direct or other security to ensure payment of the tions shall not limit the ability of the Attor- the defendant to repatriate any property fine or assessment that is due; or ney General to maintain an Inmate Finan- that constitutes proceeds of the offense of ‘‘(iii) impose additional restraints upon the cial Responsibility Program that encourages conviction, or property traceable to such defendant to prevent the defendant from sentenced inmates to meet their legitimate proceeds. transferring or dissipating assets. financial obligations. ‘‘(D) SURRENDER.—In ordering restitution, ‘‘(10)(A) The ability of the Attorney Gen- the court may direct the defendant to sur- ‘‘(C) OTHER ACTIVITIES.—No order described eral to enforce restitution obligations or- render to the United States any interest of in subparagraph (B) shall restrain the ability dered under paragraph (2) shall not be lim- the defendant in any non-exempt asset. of the United States to continue its inves- ited by appeal, or the possibility of a correc- ‘‘(E) THIRD PARTIES.—If the court directs tigation of the defendant’s financial cir- tion, modification, amendment, adjustment, the defendant to repatriate or surrender any cumstances, conduct discovery, record a lien, or reimposition of a sentence, unless the property in which it appears that any person or seek any injunction or other relief from court expressly so orders for good cause other than the defendant may have a legal the court. shown and stated on the record. interest— ‘‘(11) SPECIAL ASSESSMENTS.—The require- ‘‘(B) Absent exceptional circumstances, as ‘‘(i) the court shall take such action as is ments of this subsection shall apply to the determined by the court, an order limiting necessary to protect such third party inter- imposition and enforcement of any assess- the enforcement of restitution obligations est; and ment imposed under section 3013 of this shall— ‘‘(ii) may direct the United States to ini- title.’’. ‘‘(i) require the defendant to deposit, in the tiate any ancillary proceeding to determine SEC. 724. COLLECTION OF UNPAID FINES OR RES- registry of the district court, any amount of such third party interests in accordance with TITUTION. the restitution that is due; the procedures specified in section 413(n) of Section 3612(b) of title 18, United States ‘‘(ii) require the defendant to post a bond the Controlled Substances Act (21 U.S.C. Code, is amended to read as follows: or other security to ensure payment of the 853(n)). ‘‘(b) INFORMATION TO BE INCLUDED IN JUDG- restitution that is due; or ‘‘(F) EXCLUSIVITY OF REMEDY.—Except as MENT; JUDGMENT TO BE TRANSMITTED TO THE ‘‘(iii) impose additional restraints upon the provided in this section, no person may com- ATTORNEY GENERAL.— defendant to prevent the defendant from mence an action against the United States ‘‘(1) IN GENERAL.—A judgment or order im- transferring or dissipating assets. concerning the validity of the party’s alleged posing, modifying, or remitting a fine or res- ‘‘(C) No order described in subparagraph interest in the property subject to repara- titution order of more than $100 shall in- (B) shall restrain the ability of the United tion or surrender. clude—

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12878 CONGRESSIONAL RECORD — SENATE October 15, 2007

‘‘(A) the name, social security account Subtitle B—Preservation of Assets for ‘‘(3) HEARING.— number, mailing address, and residence ad- Restitution ‘‘(A) IN GENERAL.—If the court determines dress of the defendant; SEC. 741. SHORT TITLE. that the defendant has satisfied the require- ‘‘(B) the docket number of the case; This subtitle may be cited as the ‘‘Preser- ments of paragraph (2), it may hold a hearing ‘‘(C) the original amount of the fine or res- vation of Assets for Restitution Act of 2007’’. to determine whether there is probable cause titution order and the amount that is due SEC. 742. AMENDMENTS TO THE MANDATORY to believe that the defendant, if convicted, and unpaid; VICTIMS RESTITUTION ACT. will be ordered to satisfy an order of restitu- ‘‘(D) payment orders and directions im- (a) IN GENERAL.—Chapter 232 of title 18, tion for an offense punishable by imprison- posed under section 3572(d) and section 3664(f) United States Code, is amended by inserting ment for more than 1 year, and that the of this title; and after section 3664 the following: seized or restrained property may be needed ‘‘(E) a description of any modification or ‘‘§ 3664A. Preservation of assets for restitu- to satisfy such restitution order. remission. tion ‘‘(B) PROBABLE CAUSE.—If the court finds ‘‘(2) TRANSMITTAL OF COPIES.—Not later probable cause under subparagraph (A), the ‘‘(a) PROTECTIVE ORDERS TO PRESERVE AS- than 10 days after entry of the judgment or protective order shall remain in effect. SETS.— order described in paragraph (1), the court ‘‘(C) NO PROBABLE CAUSE.—If the court ‘‘(1) IN GENERAL.—Upon the Government’s shall transmit a certified copy of the judg- finds under subparagraph (A) that no prob- ex parte application and a finding of prob- ment or order to the Attorney General.’’. able cause exists as to some or all of the able cause to believe that a defendant, if SEC. 725. ATTORNEY’S FEES FOR VICTIMS. property, or determines that more property convicted, will be ordered to satisfy an order (a) ORDER OF RESTITUTION.—Section 3663(b) has been seized and restrained than may be of restitution for an offense punishable by of title 18, United States Code, is amended— needed to satisfy a restitution order, it shall imprisonment for more than 1 year, the (1) in paragraph (1)— modify the protective order to the extent court— (A) in subparagraph (A), by striking ‘‘or’’ necessary to release the property that should at the end; ‘‘(A) shall— not have been restrained. ‘‘(i) enter a restraining order or injunction; (B) by redesignating subparagraph (B) as ‘‘(4) REBUTTAL.—If the court conducts an subparagraph (C); ‘‘(ii) require the execution of a satisfactory evidentiary hearing under paragraph (3), the (C) by inserting after subparagraph (A) the performance bond; or court shall afford the Government an oppor- following: ‘‘(iii) take any other action necessary to tunity to present rebuttal evidence and to ‘‘(B) reimburse the victim for attorneys’ preserve the availability of any property cross-examine any witness that the defend- fees reasonably incurred in an attempt to re- traceable to the commission of the offense ant may present. trieve damaged, lost, or destroyed property charged; and ‘‘(5) PRETRIAL HEARING.—In any pretrial (which shall not include payment of salaries ‘‘(B) if it determines that it is in the inter- hearing on a protective order issued under of Government attorneys); or’’; and ests of justice to do so, shall issue any order subsection (a)(1), the court may not enter- (D) in subparagraph (C), as so redesignated necessary to preserve any nonexempt asset tain challenges to the grand jury’s finding of by this subsection, by inserting ‘‘or (B)’’ (as defined in section 3613) of the defendant probable cause regarding the criminal of- after ‘‘subparagraph (A)’’; that may be used to satisfy such restitution fense giving rise to a potential restitution (2) in paragraph (4)— order. order. The court shall ensure that such hear- (A) by inserting ‘‘(including attorneys’ fees ‘‘(2) PROCEDURES.—Applications and orders ings are not used to obtain disclosure of evi- necessarily and reasonably incurred for rep- issued under paragraph (1) shall be governed dence or the identities of witnesses earlier resentation of the victim, which shall not in- by the procedures under section 413(e) of the than required by the Federal Rules of Crimi- clude payment of salaries of Government at- Controlled Substances Act (21 U.S.C. 853(e)) nal Procedure or other applicable law. torneys)’’ after ‘‘other expenses related to and in this section. ‘‘(c) THIRD PARTY’S RIGHT TO POST-RE- participation in the investigation or prosecu- ‘‘(3) MONETARY INSTRUMENTS.—If the prop- STRAINT HEARING.— tion of the offense’’; and erty in question is a monetary instrument ‘‘(1) IN GENERAL.—A person other than the (B) by striking ‘‘and’’ at the end; (as defined in section 1956(c)(5)) or funds in defendant who has a legal interest in prop- (3) in paragraph (5), by striking the period electronic form, the protective order issued erty affected by a protective order issued and inserting ‘‘; and’’; and under paragraph (1) may take the form of a under subsection (a)(1) may move to modify (4) by adding at the end the following: warrant authorizing the Government to seize the order on the grounds that— ‘‘(6) in any case, reimburse the victim for the property and to deposit it into an inter- ‘‘(A) the order causes an immediate and ir- reasonably incurred attorneys’ fees that are est-bearing account in the Registry of the reparable hardship to the moving party; and necessary and foreseeable results of the de- Court in the district in which the warrant ‘‘(B) less intrusive means exist to preserve fendant’s crime (which shall not include pay- was issued, or into another such account the property for the purpose of restitution. ment of salaries of Government attorneys).’’. maintained by a substitute property custo- ‘‘(2) MODIFICATION.—If, after considering (b) MANDATORY RESTITUTION TO VICTIMS OF dian, as the court may direct. any rebuttal evidence offered by the Govern- CERTAIN CRIMES.—Section 3663A(b) of title ‘‘(4) POST-INDICTMENT.—A post-indictment ment, the court determines that the moving 18, United States Code, is amended— protective order entered under paragraph (1) party has made the showings required under (1) in paragraph (1)— shall remain in effect through the conclusion paragraph (1), the court shall modify the (A) in subparagraph (A), by striking ‘‘or’’ of the criminal case, including sentencing order to mitigate the hardship, to the extent at the end; and any post-sentencing proceedings, until that it is possible to do so while preserving (B) by redesignating subparagraph (B) as seizure or other disposition of the subject the asset for restitution. subparagraph (C); property, unless modified by the court upon ‘‘(3) INTERVENTION.— (C) by inserting after subparagraph (A) the a motion by the Government or under sub- ‘‘(A) IN GENERAL.—Except as provided in following: section (b) or (c). subparagraph (B) or paragraph (1), a person ‘‘(B) reimburse the victim for attorneys’ ‘‘(b) DEFENDANT’S RIGHT TO A HEARING.— other than a defendant has no right to inter- fees reasonably incurred in an attempt to re- ‘‘(1) IN GENERAL.—In the case of a vene in the criminal case to object to the trieve damaged, lost, or destroyed property preindictment protective order entered entry of any order issued under this section (which shall not include payment of salaries under subsection (a)(1), the defendant’s right or otherwise to object to an order directing of Government attorneys); or’’; and to a post-restraint hearing shall be governed a defendant to pay restitution. (D) in subparagraph (C), as so redesignated by paragraphs (1)(B) and (2) of section 413(e) ‘‘(B) EXCEPTION.—If, at the conclusion of by this subsection, by inserting ‘‘or (B)’’ of the Controlled Substances Act (21 U.S.C. the criminal case, the court orders the de- after ‘‘subparagraph (A)’’; 853(e)). fendant to use particular assets to satisfy an (2) in paragraph (3), by striking ‘‘and’’ at ‘‘(2) POST-INDICTMENT.—In the case of a order of restitution (including assets that the end; post-indictment protective order entered have been seized or restrained pursuant to (3) in paragraph (4)— under subsection (a)(1), the defendant shall this section) the court shall give persons (A) by inserting ‘‘(including attorneys’ fees have a right to a post-restraint hearing re- other than the defendant the opportunity to necessarily and reasonably incurred for rep- garding the continuation or modification of object to the order on the ground that the resentation of the victim, which shall not in- the order if the defendant— property belonged in whole or in part to the clude payment of salaries of Government at- ‘‘(A) establishes by a preponderance of the third party and not to the defendant, as pro- torneys)’’ after ‘‘other expenses related to evidence that there are no assets, other than vided in section 413(n) of the Controlled Sub- participation in the investigation or prosecu- the restrained property, available to the de- stances Act (21 U.S.C. 853(n)). tion of the offense’’; and fendant to retain counsel in the criminal ‘‘(d) GEOGRAPHIC SCOPE OF ORDER.— (B) by striking the period and inserting ‘‘; case or to provide for a reasonable living al- ‘‘(1) IN GENERAL.—A district court of the and’’; and lowance for the necessary expenses of the de- United States shall have jurisdiction to (4) by adding at the end the following: fendant and the defendant’s lawful depend- enter an order under this section without re- ‘‘(5) in any case, reimburse the victim for ents; and gard to the location of the property subject reasonably incurred attorneys’ fees that are ‘‘(B) makes a prima facie showing that to the order. necessary and foreseeable results of the de- there is bona fide reason to believe that the ‘‘(2) OUTSIDE THE UNITED STATES.—If the fendant’s crime (which shall not include pay- court’s ex parte finding of probable cause property subject to an order issued under ment of salaries of Government attorneys).’’. under subsection (a)(1) was in error. this section is located outside of the United

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12879 States, the order may be transmitted to the (B) by inserting after ‘‘a statement that SEC. 217. FEDERAL BUREAU OF INVESTIGATION central authority of any foreign state for different property may be so exempted with ANALYSIS OF DNA SAMPLES. service in accordance with any treaty or respect to the State in which the debtor re- (a) IN GENERAL.—The amount appropriated other international agreement. sides.]’’’ the following: under the heading ‘‘SALARIES AND EXPENSES ’’ ‘‘(e) NO EFFECT ON OTHER GOVERNMENT AC- ‘‘ ‘[In a criminal action, the statement under the heading ‘‘FEDERAL BUREAU OF IN- TION.—Nothing in this section shall be con- summarizing the types of property that may VESTIGATION’’ under this title is increased by strued to preclude the Government from be exempt shall list only those types of prop- $23,000,000, which shall be used for personnel, seeking the seizure, restraint, or forfeiture erty that may be exempt under section 3613 equipment, build-out/acquisition of space, of assets under the asset forfeiture laws of of title 18.]’’’; and and other resources to be used for the anal- the United States. (C) by inserting after ‘‘You must also send ysis of DNA samples. ‘‘(f) LIMITATION ON RIGHTS CONFERRED.— a copy of your request to the Government at (b) REDUCTIONS.—Notwithstanding any Nothing in this section shall be construed to [address], so the Government will know you other provision of this Act, the amount ap- create any enforceable right to have the want the proceeding to be transferred.’’’ the propriated for the Advanced Technology Pro- Government seek the seizure or restraint of following: gram under the heading ‘‘INDUSTRIAL TECH- property for restitution. ‘‘ ‘If this Notice is issued in conjunction NOLOGY SERVICES ’’ under the heading ‘‘NA- ‘‘(g) RECEIVERS.— with a criminal case, the district court TIONAL INSTITUTE OF STANDARDS AND TECH- ‘‘(1) IN GENERAL.—A court issuing an order where the criminal action is pending may NOLOGY’’ under title I of this Act is reduced under this section may appoint a receiver deny your request for a transfer of this pro- by $23,000,000. under section 1956(b)(4) to collect, marshal, ceeding.’’’. and take custody, control, and possession of (c) ENFORCEMENT.—Section 3202(b) of title SA 3280. Mr. SESSIONS submitted an all assets of the defendant, wherever located, 28, United States Code, is amended— amendment intended to be proposed by that have been restrained in accordance with (1) by inserting after ‘‘a statement that him to the bill H.R. 3093, making ap- this section. different property may be so exempted with propriations for the Departments of ‘‘(2) DISTRIBUTION OF PROPERTY.—The re- respect to the State in which the debtor re- sides.]’’’ the following: Commerce and Justice, and Science, ceiver shall have the power to distribute and Related Agencies for the fiscal property in its control to each victim identi- ‘‘ ‘[In a criminal action, the statement fied in an order of restitution at such time, summarizing the types of property that may year ending September 30, 2008, and for and in such manner, as the court may au- be exempt shall list only those types of prop- other purposes; which was ordered to thorize.’’. erty that may be exempt under section 3613 lie on the table; as follows: of title 18.]’’’; and (b) CONFORMING AMENDMENT.—The section In the appropriate place, insert the fol- analysis for chapter 232 of title 18, United (2) by inserting after ‘‘you want the pro- lowing: States Code, is amended by inserting after ceeding to be transferred.’’’ the following: ‘‘ ‘If this notice is issued in conjunction SEC. ll. VISAS FOR HIGH ACHIEVING FOREIGN the item relating to section 3664 the fol- with a criminal case, the district court STUDENTS. lowing: where the criminal action is pending may IN GENERAL.—For each fiscal year begin- ‘‘Sec. 3664A. Preservation of assets for res- deny your request for a transfer of this pro- ning after the date of the enactment of this titution.’’. ceeding.’’’. Act, 25,000 of the immigrant visas allocated SEC. 743. AMENDMENTS TO THE ANTI-FRAUD IN- under section 203 (c) of the Immigration and JUNCTION STATUTE. SA 3277. Mr. VITTER (for himself, Nationality Act for Diversity Immigrants Section 1345(a) of title 18, United States Mr. SESSIONS, and Mr. DEMINT) sub- shall be made available to aliens seeking im- Code, is amended— migrant visas who: mitted an amendment intended to be (1) are otherwise admissible under the INA; (1) in paragraph (1)— proposed by him to the bill H.R. 3093, (A) in subparagraph (B), by striking ‘‘or’’ (2) achieve the highest scores on the Scho- at the end; and making appropriations for the Depart- lastic Aptitude Test or the American College (B) by inserting after subparagraph (C) the ments of Commerce and Justice, and Testing placement exam administered in following: Science, and Related Agencies for the that fiscal year; and ‘‘(D) committing or about to commit a fiscal year ending September 30, 2008, (3) take the exams described in (2) above in Federal offense that may result in an order and for other purposes; as follows: the English language. of restitution;’’; and On page 70, between lines 10 and 11, insert SA 3281. Mr. SESSIONS submitted an (2) in paragraph (2)— the following: (A) by striking ‘‘a banking violation’’ and SEC. 217. None of the amounts made avail- amendment intended to be proposed by all that follows through ‘‘healthcare offense’’ able in this title under the heading ‘‘COMMU- him to the bill H.R. 3093, making ap- and inserting ‘‘a violation or offense identi- NITY ORIENTED POLICING SERVICES’’ may be propriations for the Departments of fied in paragraph (1)’’; and used in contravention of section 642(a) of the Commerce and Justice, and Science, (B) by inserting ‘‘or offense’’ after ‘‘trace- Illegal Immigration Reform and Immigrant and Related Agencies for the fiscal able to such violation’’. Responsibility Act of 1996 (8 U.S.C. 1373(a)). year ending September 30, 2008, and for SEC. 744. AMENDMENTS TO THE FEDERAL DEBT other purposes; which was ordered to COLLECTION PROCEDURES ACT. SA 3278. Mr. STEVENS submitted an lie on the table; as follows: (a) PROCESS.—Section 3004(b)(2) of title 28, amendment intended to be proposed by United States Code, is amended by inserting him to the bill H.R. 3093, making ap- On page 32, line 13, strike ‘‘$1,747,822,000: after ‘‘in which the debtor resides.’’ the fol- propriations for the Departments of Provided,’’ and insert ‘‘$2,247,822,000: Provided, lowing: ‘‘In a criminal case, the district That of the total amount appropriated, Commerce and Justice, and Science, $500,000,000 shall be used by the agencies in- court for the district in which the defendant and Related Agencies for the fiscal was sentenced may deny the request.’’. volved in Operation Streamline to incremen- (b) PREJUDGMENT REMEDIES.—Section 3101 year ending September 30, 2008, and for tally expand this program across the entire of title 28, United States Code, is amended— other purposes; which was ordered to southwest border of the United States, be- (1) in subsection (a)(1) by inserting after lie on the table; as follows: ginning with the border sector that had the ‘‘the filing of a civil action on a claim for a At the appropriate place, insert the fol- highest rate of illegal entries during the debt’’ the following: ‘‘or in any criminal ac- lowing: most recent 12-month period: Provided fur- tion where the court may enter an order of SEC. ———. Section 2301 of the Imple- ther, That the amount provided to expand restitution’’; and menting Recommendations of the 9/11 Com- Operation Streamline is designated as an (2) in subsection (d)— mission Act of 2007 (47 U.S.C. 901 note) is emergency requirement pursuant to section (A) by inserting after ‘‘The Government amended by striking ‘‘the ‘Improving Emer- 204 of S. Con. Res. 21 (110th Congress): Pro- wants to make sure [name of debtor] will pay gency Communications Act of 2007’.’’ and in- vided further,’’. if the court determines that this money is serting ‘‘the ‘911 Modernization Act’.’’. owed.’’’ the following: SA 3282. Mr. SESSIONS submitted an ‘‘ ‘In a criminal action, use the following SA 3279. Mr. KYL submitted an amendment intended to be proposed by opening paragraph: You are hereby notified amendment intended to be proposed by him to the bill H.R. 3093, making ap- that this [property] is being taken by the him to the bill H.R. 3093, making ap- propriations for the Departments of United States Government [the Govern- propriations for the Departments of Commerce and Justice, and Science, ment], which says that [name of debtor], if Commerce and Justice, and Science, and Related Agencies for the fiscal convicted, may owe as restitution $ and Related Agencies for the fiscal year ending September 30, 2008, and for [amount]. The Government says it must take this property at this time because [recite the year ending September 30, 2008, and for other purposes; which was ordered to pertinent ground or grounds from section other purposes; which was ordered to lie on the table; as follows: 3101(b)]. The Government wants to make lie on the table; as follows: On page 32, line 13, strike ‘‘$1,747,822,000: sure [name of debtor] will pay if the court On page 70, between lines 10 and 11, insert Provided,’’ and insert ‘‘$2,247,822,000: Provided, determines that restitution is owed.’’’; the following: That of the total amount appropriated,

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12880 CONGRESSIONAL RECORD — SENATE October 15, 2007 $500,000,000 shall be used by the agencies in- Customs Enforcement Bureau of the Depart- (A) the cost of any food or beverages; volved in Operation Streamline to incremen- ment of Homeland Security should continue (B) the cost of any audio-visual services; tally expand this program across the entire aggressive enforcement of federal immigra- (C) the cost of all related travel; and southwest border of the United States, be- tion laws during the administration of the (D) a discussion of the methodology used ginning with the border sector that had the census. to determine which costs relate to that con- highest rate of illegal entries during the ference or meeting; and most recent 12-month period: Provided fur- SA 3286. Mr. DEMINT submitted an (3) a description of the contracting proce- ther,’’. amendment intended to be proposed by dures relating to that conference or meeting, him to the bill H.R. 3093, making ap- including— SA 3283. Mr. SESSIONS submitted an (A) whether contracts were awarded on a propriations for the Departments of competitive basis; and amendment intended to be proposed by Commerce and Justice, and Science, (B) a discussion of any cost comparison him to the bill H.R. 3093, making ap- and Related Agencies for the fiscal conducted by the National Aeronautics and propriations for the Departments of year ending September 30, 2008, and for Space Administration in evaluating poten- Commerce and Justice, and Science, other purposes; which was ordered to tial contractors for any conference or meet- and Related Agencies for the fiscal lie on the table; as follows: ing. year ending September 30, 2008, and for On page 97, between lines 6 and 7, insert other purposes; which was ordered to SA 3289. Mr. DEMINT submitted an the following: amendment intended to be proposed by lie on the table; as follows: SEC. 528. None of the funds made available him to the bill H.R. 3093, making ap- On page 70, between lines 10 and 11, insert under this Act may be used to circumvent the following: any statutory or administrative formula- propriations for the Departments of SEC. 217. The Attorney General shall make driven or competitive awarding process to Commerce and Justice, and Science, available $10,000,000 from the Department of award funds to a project in response to a re- and Related Agencies for the fiscal Justice Working Capital Fund to incremen- quest from a Member of Congress (or any em- year ending September 30, 2008, and for tally expand Operation Streamline across ployee of a Member or committee of Con- other purposes; which was ordered to the entire southwest border of the United gress), unless the specific project has been lie on the table, as follows: disclosed in accordance with the rules of the States, beginning with the border sector that On page 97, between lines 9 and 10, insert had the highest rate of illegal entries during Senate or House of Representatives, as appli- cable. the following: the most recent 12-month period. SEC. 528. None of the funds made available under this Act may be used to purchase first SA 3284. Mr. SESSIONS submitted an SA 3287. Mr. VITTER submitted an amendment intended to be proposed by class or premium airline travel that would amendment intended to be proposed by not be consistent with sections 301–10.123 and him to the bill H.R. 3093, making ap- him to the bill H.R. 3093, making ap- 301–10.124 of title 41 of the Code of Federal propriations for the Departments of propriations for the Departments of Regulations. Commerce and Justice, and Science, Commerce and Justice, and Science, and Related Agencies for the fiscal and Related Agencies for the fiscal SA 3290. Mr. SMITH submitted an year ending September 30, 2008, and for year ending September 30, 2008, and for amendment intended to be proposed by other purposes; which was ordered to other purposes; which was ordered to him to the bill H.R. 3093, making ap- lie on the table; as follows: lie on the table; as follows: propriations for the Departments of On page 53, line 11, insert ‘‘, and of which On page 70, between lines 10 and 11, insert Commerce and Justice, and Science, $10,000,000 shall be used to incrementally ex- the following: and Related Agencies for the fiscal SEC. 217. (a) None of the amounts made pand Operation Streamline across the entire year ending September 30, 2008, and for available in this title under the heading southwest border of the United States, be- other purposes; which was ordered to ‘‘COMMUNITY ORIENTED POLICING SERVICES’’ ginning with the border sector that had the lie on the table, as follows: may be used in a subdivision of a State if highest rate of illegal entries during the such subdivision does not comply with sec- On page 70, between lines 10 and 11, insert most recent 12-month period’’ before the tion 642(a) of the Illegal Immigration Reform the following: semicolon. and Immigrant Responsibility Act of 1996 (8 SEC. 217. ADDITIONAL PROSECUTORS FOR OF- FENSES RELATING TO THE SEXUAL Mr. SESSIONS submitted an U.S.C. 1373(a)). SA 3285. (b) Any amount that is not available for a EXPLOITATION OF CHILDREN. amendment intended to be proposed by subdivision of a State under the limitation (a) IN GENERAL.—The amount appropriated him to the bill H.R. 3093, making ap- set out in subsection (a) shall be made avail- under the heading ‘‘SALARIES AND EXPENSES’’ propriations for the Departments of able to the government of that State for under the heading ‘‘GENERAL ADMINISTRA- Commerce and Justice, and Science, community oriented policing services. TION’’ under this title is increased by $30,000,000, which shall be used for salaries and Related Agencies for the fiscal SA 3288. Mr. SHELBY submitted an and expenses for hiring 200 additional assist- year ending September 30, 2008, and for ant United States attorneys to carry out sec- other purposes; which was ordered to amendment intended to be proposed by him to the bill H.R. 3093, making ap- tion 704 of the Adam Walsh Child Protection lie on the table; as follows: and Safety Act of 2006 (Public Law 109–248; propriations for the Departments of Insert in the appropriate place: 120 Stat. 649) concerning the prosecution of (a) FINDINGS.—The Senate finds the fol- Commerce and Justice, and Science, offenses relating to the sexual exploitation lowing: and Related Agencies for the fiscal of children. (1) The Census, taken every ten years since year ending September 30, 2008, and for (b) REDUCTIONS.—Notwithstanding any 1790, is necessary for determining Congres- other purposes; as follows: other provision of this Act, the amount ap- sional representation, Electoral College After the period on page 97 line 9, insert propriated for the Advanced Technology Pro- votes, and government program funding; the following: gram under the heading ‘‘INDUSTRIAL TECH- (2) The United States Census Bureau is re- SEC. xx. (a) The Administrator of the Na- NOLOGY SERVICES ’’ under the heading ‘‘NA- quired to count citizens and non-citizens tional Aeronautics and Space Administra- TIONAL INSTITUTE OF STANDARDS AND TECH- alike; tion shall submit quarterly reports to the In- NOLOGY’’ under title I of this Act is reduced (3) The data provided by the United States spector General of the National Aeronautics by $30,000,000. Census Bureau is essential to understanding and Space Administration regarding the population trends and providing the federal costs and contracting procedures relating to SA 3291. Mr. KYL submitted an government and the Congress with impor- each conference or meeting, held by the Na- amendment intended to be proposed by tant information related to public policy de- tional Aeronautics and Space Administra- him to the bill H.R. 3093, making ap- bates, including information on the number tion during fiscal year 2008, and each year propriations for the Departments of of undocumented persons living in the thereafter, for which the cost to the Govern- Commerce and Justice, and Science, United States; however, the collection of ment was more than $20,000. and Related Agencies for the fiscal this information is not more important than (b) Each report submitted under subsection year ending September 30, 2008, and for the full and effective enforcement of our im- (a) shall include, for each conference de- migration laws; scribed in that subsection held during the other purposes; which was ordered to (b) SENSE OF THE SENATE.—It is the sense applicable quarter— lie on the table, as follows: of the Senate that the administration of the (1) a description of the number of and pur- On page 97, between lines 9 and 10, insert 2010 Census by the United States Census Bu- pose of participants attending that con- the following: reau should not reduce the ability of the De- ference or meeting; SEC. 528. SOUTHWEST BORDER PROSECUTOR INI- partment of Homeland Security to effec- (2) a detailed statement of the costs to the TIATIVE. tively enforce the immigration laws of the Government relating to that conference or (a) IN GENERAL.—In addition to the United States, and that the Immigration and meeting, including— amounts appropriated for the Southwest

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12881 Border Prosecutor Initiative in title II under Adam Walsh Child Protection and Safety Act this heading, $2,000,000, may be made avail- the heading ‘‘STATE AND LOCAL LAW ENFORCE- of 2006 offset by a reduction in the amount able for salaries and expenses for the Sex Of- MENT ASSISTANCE’’, there is appropriated, out available for the Advanced Technology Pro- fender Sentencing, Monitoring, Appre- of any money in the Treasury not otherwise gram under the heading ‘INDUSTRIAL TECH- hending, Registering, and Tracking Office’’ appropriated, for the fiscal year ending Sep- NOLOGY SERVICES’ in title I of $7,845,000.’’. before the period. tember 30, 2008, $20,000,000 for the Southwest Border Prosecutor Initiative to reimburse SA 3295. Mr. ENSIGN submitted an SA 3299. Mr. KERRY (for himself and State, county, parish, tribal, or municipal amendment intended to be proposed by Mr. KENNEDY) submitted an amend- governments only for costs associated with him to the bill H.R. 3093, making ap- ment intended to be proposed by him the prosecution of criminal cases declined by propriations for the Departments of to the bill H.R. 3093, making appropria- local United States Attorneys offices. Commerce and Justice, and Science, tions for the Departments of Commerce (b) OFFSET.—The amount appropriated for and Related Agencies for the fiscal and Justice, and Science, and Related the Advanced Technology Program of the year ending September 30, 2008, and for National Institute of Standards and Tech- Agencies for the fiscal year ending Sep- nology in title I under the heading ‘‘STATE other purposes; which was ordered to tember 30, 2008, and for other purposes; AND LOCAL LAW ENFORCEMENT ASSISTANCE’’ is lie on the table; as follows: which was ordered to lie on the table; reduced by $20,000,000. On page 53, line 11, strike the semicolon as follows: and insert ‘‘: Provided, That an additional On page 45, line 11, after ‘‘other custodial SA 3292. Mr. KYL submitted an $150,000,000 shall be available for such pro- facilities’’ insert the following: ‘‘: Provided amendment intended to be proposed by gram offset by a reduction in the amount further, That the Director of the Federal him to the bill H.R. 3093, making ap- under the heading ‘NATIONAL AERONAUTICS Prison System may use amounts made avail- propriations for the Departments of AND SPACE ADMINISTRATION’‘SCIENCE, AERO- able under this heading to carry out a pilot NAUTICS AND EXPLORATION’ in title III of program for children (not older than 36 Commerce and Justice, and Science, $150,000,000;’’. and Related Agencies for the fiscal months of age) of nonviolent female offend- year ending September 30, 2008, and for SA 3296. Mr. ENSIGN submitted an ers, under which such children will be housed, fed, and cared for in Federal correc- other purposes; which was ordered to amendment intended to be proposed by tional facilities housing women (including lie on the table, as follows: him to the bill H.R. 3093, making ap- such a facility in which Federal prisoners are On page 53, line 6, strike ‘‘, of which propriations for the Departments of housed under a contract with the Govern- $30,000,000’’ and all that follows through ‘‘of- Commerce and Justice, and Science, ment) and participate in programs specifi- fices’’ on line 11. and Related Agencies for the fiscal cally designed to benefit mother and child’’. On page 97, between lines 9 and 10, insert year ending September 30, 2008, and for the following: other purposes; which was ordered to SA 3300. Mrs. MCCASKILL (for her- SEC. 528. SOUTHWEST BORDER PROSECUTOR INI- lie on the table; as follows: self, Mr. DOMENICI, and Mr. INOUYE) TIATIVE. On page 97, between lines 9 and 10, insert submitted an amendment intended to (a) IN GENERAL.—There is appropriated, the following: be proposed by her to the bill H.R. 3093, out of any money in the Treasury not other- making appropriations for the Depart- wise appropriated, for the fiscal year ending SEC. 528. INCREASE IN FUNDING FOR THE NA- September 30, 2008, $50,000,000 for the South- TIONAL INSTITUTE OF STANDARDS ments of Commerce and Justice, and AND TECHNOLOGY. west Border Prosecutor Initiative to reim- Science, and Related Agencies for the (a) INCREASE IN FUNDING.—The amount ap- fiscal year ending September 30, 2008, burse State, county, parish, tribal, or munic- propriated or otherwise made available ipal governments only for costs associated under title I under the heading ‘‘NATIONAL and for other purposes; which was or- with the prosecution of criminal cases de- INSTITUTE OF STANDARDS AND TECHNOLOGY’’ dered to lie on the table; as follows: clined by local United States Attorneys of- is hereby increased by $100,000,000 for sci- On page 26, after line 24, insert the fol- fices. entific and technical research and services. lowing: (b) OFFSET.—The amount appropriated for (b) DECREASE IN FUNDING.—The amount ap- SEC. 114. DTV CONSUMER EDUCATION. the Advanced Technology Program of the propriated or otherwise made available (a) IN GENERAL.—The amount appropriated National Institute of Standards and Tech- under title I for necessary expenses of the under the heading ‘‘PUBLIC TELECOMMUNI- nology in title I under the heading ‘‘STATE Advanced Technology Program is hereby de- CATIONS FACILITIES, PLANNING AND CONSTRUC- AND LOCAL LAW ENFORCEMENT ASSISTANCE’’ is creased by $100,000,000. TION’’ under this title is increased by reduced by $50,000,000. $10,000,000, which shall be used for competi- SA 3297. Mr. ENSIGN submitted an Ms. SNOWE submitted an tive grants to public television broadcast SA 3293. amendment intended to be proposed by stations, or a consortium of such entities, to amendment intended to be proposed by him to the bill H.R. 3093, making ap- assist such stations in conducting consumer her to the bill H.R. 3093, making appro- propriations for the Departments of education efforts concerning the transition priations for the Departments of Com- Commerce and Justice, and Science, from analog to digital television: Provided, merce and Justice, and Science, and and Related Agencies for the fiscal That the Secretary of Commerce shall award Related Agencies for the fiscal year year ending September 30, 2008, and for such grants not later than 90 days after the ending September 30, 2008, and for other purposes; which was ordered to date of enactment of this Act: Provided fur- ther, That such grants shall not be subject to other purposes; which was ordered to lie on the table; as follows: lie on the table, as follows: the requirements of section 392(b) of the On page 97, between lines 9 and 10, insert Communications Act of 1934: Provided fur- On page 26, after line 24, insert the fol- the following: ther, That receipt of any grant amounts for lowing: SEC. 528. LIMITATION ON EMERGENCY DESIGNA- consumer education efforts shall in no way SEC. 114. Section 3009(a) of the Deficit Re- TION. prohibit or affect the eligibility of such pub- duction Act of 2005 (Public Law 109–171; 120 None of the funds appropriated or other- lic televison broadcast stations from receiv- Stat. 26) is amended— wise made available in this Act to carry out ing funds for any other grant amounts for (1) in the first sentence, by striking ‘‘fiscal return to flight activities associated with construction and planning as authorized year 2009’’ and inserting ‘‘fiscal years 2009 the space shuttle may be designated as an under section 391 of such Act. through 2012’’; and emergency requirement or necessary to meet (b) OFFSET.—The amount made available (2) in the second sentence, by striking ‘‘Oc- emergency needs pursuant to subsections (a) under each account in this title for the De- tober 1, 2010’’ and inserting ‘‘February 18, and (b) of section 204 of S. Con. Res. 21 (110th partment of Commerce for administrative 2009’’. Congress). travel expenses, supplies, and printing ex- penses shall be reduced on a pro rata basis, SA 3294. Mr. ENSIGN submitted an SA 3298. Mr. KERRY (for himself and so that the total of the reductions equals amendment intended to be proposed by Mr. GRAHAM) submitted an amendment $10,000,000. him to the bill H.R. 3093, making ap- intended to be proposed by him to the propriations for the Departments of bill H.R. 3093, making appropriations SA 3301. Mrs. BOXER submitted an Commerce and Justice, and Science, for the Departments of Commerce and amendment intended to be proposed by and Related Agencies for the fiscal Justice, and Science, and Related her to the bill H.R. 3093, making appro- year ending September 30, 2008, and for Agencies for the fiscal year ending Sep- priations for the Departments of Com- other purposes; which was ordered to tember 30, 2008, and for other purposes; merce and Justice, and Science, and lie on the table; as follows: which was ordered to lie on the table; Related Agencies for the fiscal year On page 33, line 26, strike the period and as follows: ending September 30, 2008, and for insert ‘‘: Provided further, That an additional On page 51, line 15, insert ‘‘: Provided fur- other purposes; which was ordered to $7,845,000 shall be available to carry out the ther, That of the amount appropriated under lie on the table; as follows:

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12882 CONGRESSIONAL RECORD — SENATE October 15, 2007 On page 26, after line 24, add the following: specific objectives and goals set out in con- SA 3306. Ms. MIKULSKI submitted SEC. lll. SENSE OF THE SENATE REGARDING nection with the implementation of that an amendment intended to be proposed THE 2010 CENSUS. agreement, the impact of the agreement on by her to the bill H.R. 3093, making ap- (a) FINDINGS.—The Senate finds the fol- the United States economy as a whole, and propriations for the Departments of lowing: on specific industry sectors, including the (1) Article I of the United States Constitu- impact the agreement is having on— Commerce and Justice, and Science, tion requires the taking of a census that (A) the gross domestic product; and Related Agencies for the fiscal counts all persons in the United States. (B) exports and imports; year ending September 30, 2008, and for (2) The census, taken every 10 years since (C) aggregate employment, and competi- other purposes; which was ordered to 1790, is necessary for determining Congres- tive positions of industries; lie on the table; as follows: sional representation, Electoral College (D) United States consumers; and Beginning on page 81 line 7 strike ‘‘3,200’’ votes, and Government program funding. (E) the overall competitiveness of the and insert ‘‘3,100’’. (3) The data provided by the United States United States. Bureau of the Census is essential to under- (3) An assessment and quantitative anal- SA 3307. Ms. MIKULSKI submitted standing population trends and providing the ysis of how each agreement is meeting the an amendment intended to be proposed Federal Government and Congress with im- goals and objectives for the agreement on a portant information related to public policy sector-by-sector basis, including— by her to the bill H.R. 3093, making ap- debates. (A) trade in goods; propriations for the Departments of (4) According to the Brookings Institution, (B) customs matters, rules or origin, and Commerce and Justice, and Science, the Federal Government disburses enforcement cooperation; and Related Agencies for the fiscal $323,000,000,000 through 100 Federal programs (C) sanitary and phytosanitary measures; year ending September 30, 2008, and for to State and local governments based on (D) intellectual property rights; other purposes; which was ordered to data provided by the census. (E) trade in services; lie on the table; as follows: (5) Congress has historically provided in- (F) electronic commerce; creased funding resources to the United (G) government procurement; Beginning on page 81 line 9 strike ‘‘13,800’’ States Bureau of the Census in years prior to (H) transparency, anti-corruption; and reg- and insert ‘‘13,100’’. each decennial census to allow the Bureau to ulatory reform; and adequately prepare for the taking of the cen- (I) any other issues with respect to which SA 3308. Ms. MIKULSKI submitted sus. the International Trade Commission sub- an amendment intended to be proposed (6) Public Law 110–92, the continuing reso- mitted a report under section 2104(f) of the by her to the bill H.R. 3093, making ap- lution, which held funding increases for the Bipartisan Trade Promotion Authority Act propriations for the Departments of census at previous fiscal year levels, jeopard- of 2002. Commerce and Justice, and Science, izes the ability of the United States Bureau (4) A summary of how each country that is and Related Agencies for the fiscal of the Census to prepare for the 2010 census. a party to an agreement has changed its year ending September 30, 2008, and for (b) SENSE OF THE SENATE.—It is the sense labor and environmental laws since entry other purposes; which was ordered to of the Senate that during the 2010 Census, all into force of the agreement. Federal agencies should cooperate with the (5) An analysis of whether the agreement is lie on the table; as follows: United States Bureau of the Census in a making progress in achieving the applicable On page 32, line 14, strike ‘‘$8,000,000’’ and manner consistent with the constitutional purposes, policies, priorities, and objectives insert ‘‘$8,000’’. requirement to count all persons in the of the Bipartisan Trade Promotion Author- United States, and that Congress should pro- ity Act of 2002. SA 3309. Ms. MIKULSKI submitted vide adequate funding resources to the an amendment intended to be proposed United States Bureau of the Census to SA 3303. Ms. MIKULSKI submitted by her to the bill H.R. 3093, making ap- achieve an accurate census. an amendment intended to be proposed propriations for the Departments of SA 3302. Mrs. CLINTON submitted an by her to the bill H.R. 3093, making ap- Commerce and Justice, and Science, amendment intended to be proposed by propriations for the Departments of and Related Agencies for the fiscal her to the bill H.R. 3093, making appro- Commerce and Justice, and Science, year ending September 30, 2008, and for priations for the Departments of Com- and Related Agencies for the fiscal other purposes; as follows: year ending September 30, 2008, and for merce and Justice, and Science, and On page 72, line 14, before the period insert other purposes; which was ordered to Related Agencies for the fiscal year the following: ‘‘: Provided further, That of the ending September 30, 2008, and for lie on the table; as follows: amounts appropriated or otherwise made other purposes; which was ordered to Beginning on page 82 line 2 strike ‘‘2006 and available under this heading for cross-agency 2007’’ and insert ‘‘2007 and 2008’’. lie on the table; as follows: support programs, $10,000,000 shall be made available, and distributed in equal incre- On page 97, between lines 9 and 10, insert SA 3304. Mrs. BOXER submitted an ments, to each of NASA’s 10 centers for the the following: amendment intended to be proposed by development of educational activities in SEC. 528. ITC REPORT. her to the bill H.R. 3093, making appro- science, technology, engineering, and mathe- (a) IN GENERAL.—Not later than 2 years priations for the Departments of Com- matics related to the civilian space program after the date of the enactment of this Act, merce and Justice, and Science, and of the United States’’. 5 years after the date of the enactment of Related Agencies for the fiscal year this Act, and every 5 years thereafter, the Ms. MIKULSKI (for herself International Trade Commission shall sub- ending September 30, 2008, and for SA 3310. mit a report to Congress on each free trade other purposes; which was ordered to and Ms. COLLINS) submitted an amend- agreement in force with respect to the lie on the table; as follows: ment intended to be proposed by her to United States. The report shall, with respect On page 16, line 11, strike the period at the the bill H.R. 3093, making appropria- to each free trade agreement, contain an end and insert ‘‘: Provided further, That of tions for the Departments of Commerce analysis and assessment of the analysis and the funds provided under this heading, and Justice, and Science, and Related predictions made by the International Trade $2,000,000 is made available for the Office of Agencies for the fiscal year ending Sep- Commission, the United States Trade Rep- Response and Restoration for the Damage tember 30, 2008, and for other purposes; resentative, and other Federal agencies, be- Assessment Restoration Revolving Fund for fore implementation of the agreement and sampling, analysis, and clean-up related to as follows: actual results of the agreement on the the disposal of obsolete vessels owned or op- At the end of title V, add the following: United States economy. erated by the Federal Government in Suisun SEC. 528. None of the funds appropriated or (b) CONTENTS OF REPORT.—Each report re- Bay, California.’’. otherwise made available by this Act may be quired by subsection (a) shall contain the made available for a public-private competi- following: SA 3305. Ms. MIKULSKI submitted tion conducted under Office of Management (1) With respect to the United States and an amendment intended to be proposed and Budget Circular A–76 or to convert a each country that is a party to a free trade by her to the bill H.R. 3093, making ap- function performed by Federal employees to agreement, an assessment and quantitative propriations for the Departments of private sector performance without such a analysis of how each agreement— Commerce and Justice, and Science, competition unless a representative des- (A) is fostering economic growth; and Related Agencies for the fiscal ignated by a majority of the employees en- (B) is improving living standards; gaged in the performance of the activity or (C) is helping create jobs; and year ending September 30, 2008, and for function for which the public-private com- (D) is reducing or eliminating barriers to other purposes; which was ordered to petition is conducted or which is to be con- trade and investment. lie on the table; as follows: verted without such a competition is treated (2) An assessment and quantitative anal- Beginning on page 81 line 5 strike ‘‘373,000’’ as an interested party with respect to such ysis of how each agreement is meeting the and insert ‘‘370,800’’. competition or decision to convert to private

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 15, 2007 CONGRESSIONAL RECORD — SENATE S12883

sector performance for purposes of sub- ‘‘(c) REGULATIONS.—The Secretary may the heading ‘‘LEGAL ACTIVITIES’’ under this chapter V of chapter 35 of title 31, United promulgate regulations to implement this title is increased by $20,000,000, which shall States Code. section.’’. be used for the prosecution of crimes de- scribed in section 1152 or 1153 of title 18, SA 3311. Ms. MIKULSKI submitted SA 3313. Mrs. DOLE submitted an United States Code. an amendment intended to be proposed amendment intended to be proposed by (b) Notwithstanding any other provision of by her to the bill H.R. 3093, making ap- her to the bill H.R. 3093, making appro- this Act, each amount made available under propriations for the Departments of priations for the Departments of Com- this Act, except for the amount under the heading ‘‘UNITED STATES ATTORNEYS SALA- Commerce and Justice, and Science, merce and Justice, and Science, and RIES AND EXPENSES’’ under the heading and Related Agencies for the fiscal Related Agencies for the fiscal year ‘‘LEGAL ACTIVITIES’’ shall be reduced on a year ending September 30, 2008, and for ending September 30, 2008, and for pro rata basis by the appropriate percentage other purposes; which was ordered to other purposes; which was ordered to to reach $20,000,000. lie on the table; as follows: lie on the table, as follows: At the appropriate place, insert the fol- On page 53, line 11, insert ‘‘, and of which SA 3317. Mr. THUNE submitted an lowing: not less than $75,000,000 shall be used by amendment intended to be proposed by SEC. ll. SMALL AND SEASONAL BUSINESSES. United States Immigration and Customs En- him to the bill H.R. 3093, making ap- (a) IN GENERAL.—Section 214(g)(9)(A) of the forcement for activities that support State propriations for the Departments of Immigration and Nationality Act (8 U.S.C. and local law enforcement agencies in their Commerce and Justice, and Science, 1184(g)(9)(A)) is amended by striking ‘‘an efforts to assist the Federal Government’s and Related Agencies for the fiscal alien who has already been counted toward enforcement of immigration laws’’ before the year ending September 30, 2008, and for the numerical limitation of paragraph (1)(B) semicolon at the end. other purposes; as follows: during fiscal year 2004, 2005, or 2006 shall not again be counted toward such limitation dur- SA 3314. Mr. SUNUNU (for himself, On page 70, between lines 10 and 11, insert the following: ing fiscal year 2007.’’ and inserting ‘‘an alien Ms. SNOWE, and Mr. GREGG) submitted SEC. 217. (a) Notwithstanding any other who has been present in the United States as an amendment intended to be proposed provision of this Act, the amount appro- an H–2B nonimmigrant during any 1 of the 3 by him to the bill H.R. 3093, making ap- priated under the heading ‘‘UNITED STATES fiscal years immediately preceding the fiscal propriations for the Departments of ATTORNEYS SALARIES AND EXPENSES’’ under year of the approved start date of a petition the heading ‘‘LEGAL ACTIVITIES’’ under this for a nonimmigrant worker described in sec- Commerce and Justice, and Science, title is increased by $20,000,000, which shall tion 101(a)(15)(H)(ii)(b) shall not be counted and Related Agencies for the fiscal be used for the prosecution of crimes de- toward such limitation for the fiscal year in year ending September 30, 2008, and for scribed in section 1152 or 1153 of title 18, which the petition is approved.’’. other purposes; which was ordered to United States Code. (b) EFFECTIVE DATE.—The amendment lie on the table, as follows: (b) Notwithstanding any other provision of made by subsection (a) shall be effective dur- On page 16, line 11, strike the period at the this Act, the amount appropriated under the ing the 1-year period beginning October 1, end and insert ‘‘: Provided further, That of heading ‘‘PAYMENT TO THE LEGAL SERVICES 2007. the funds provided, not less than $15,000,000 CORPORATION’’ under the heading ‘‘LEGAL shall be available to carry out activities Mr. STEVENS (for himself SERVICES CORPORATION’’ under title IV is re- SA 3312. under section 315 of the Magnuson-Stevens duced by $20,000,000. and Mr. INOUYE) submitted an amend- Fishery Conservation and Management Act ment intended to be proposed by him (8 U.S.C. 1864).’’. SA 3318. Mr. COBURN submitted an to the bill H.R. 3093, making appropria- amendment intended to be proposed by tions for the Departments of Commerce SA 3315. Mr. THUNE submitted an him to the bill H.R. 3093, making ap- and Justice, and Science, and Related amendment intended to be proposed by propriations for the Departments of Agencies for the fiscal year ending Sep- him to the bill H.R. 3093, making ap- Commerce and Justice, and Science, tember 30, 2008, and for other purposes; propriations for the Departments of and Related Agencies for the fiscal which was ordered to lie on the table; Commerce and Justice, and Science, year ending September 30, 2008, and for as follows: and Related Agencies for the fiscal other purposes; as follows: At the appropriate place, insert the fol- year ending September 30, 2008, and for At the appropriate place, insert the fol- lowing: other purposes; which was ordered to lowing: SEC. ll. LIST OF VESSELS AND VESSEL OWNERS lie on the table, as follows: SEC. ll. LIMITATION AND REPORTS ON TRAVEL ENGAGED IN ILLEGAL, UNRE- On page 70, between lines 10 and 11, insert EXPENSES TO CONFERENCES PORTED, OR UNREGULATED FISH- the following: (a) In this section, the term conference ING. SEC. 217. (a) Notwithstanding any other means a meeting that— (a) IN GENERAL.—Title II of the Magnuson- provision of this Act, the amount appro- (1) is held for consultation, education, Stevens Fishery Conservation and Manage- priated under the heading ‘‘UNITED STATES awareness, or discussion; ment Act (16 U.S.C. 1821 et seq.) is amended ATTORNEYS SALARIES AND EXPENSES’’ under (2) includes participants who are not all by adding at the end thereof the following: the heading ‘‘LEGAL ACTIVITIES’’ under this employees of the same agency; ‘‘SEC. 208. LIST OF VESSELS AND VESSEL OWN- title is increased by $40,000,000, which shall (3) is not held entirely at an agency facil- ERS ENGAGED IN ILLEGAL, UNRE- be used for the prosecution of crimes de- ity; PORTED, OR UNREGULATED FISH- (4) involves costs associated with travel ING. scribed in section 1152 or 1153 of title 18, United States Code. and lodging for some participants; and ‘‘(a) IN GENERAL.—The Secretary may— (5) is sponsored by 1 or more agencies, 1 or ‘‘(1) develop, maintain, and make public a (b) Notwithstanding any other provision of this Act, the amount appropriated under the more organizations that are not agencies, or list of vessels and vessel owners engaged in a combination of such agencies or organiza- illegal, unreported, or unregulated fishing, heading ‘‘PAYMENT TO THE LEGAL SERVICES CORPORATION’’ under the heading ‘‘LEGAL tions. including vessels or vessel owners identified (b) The Administrator of NASA shall, not by an international fishery management or- SERVICES CORPORATION’’ under title IV is re- duced by $40,000,000. later than September 30, 2008, submit to the ganization, whether or not the United States appropriate committees of Congress and post is a party to the agreement establishing such SA 3316. Mr. THUNE submitted an on the public Internet website of the agency organization; and in a searchable, electronic format, a report ‘‘(2) take appropriate action against listed amendment intended to be proposed by on each conference for which the agency paid vessels and vessel owners, including action him to the bill H.R. 3093, making ap- travel expenses during Fiscal Year 2008 that against fish, fish parts, or fish products from propriations for the Departments of includes— such vessels, in accordance with applicable Commerce and Justice, and Science, (1) the itemized expenses paid by the agen- United States law and consistent with appli- and Related Agencies for the fiscal cy, including travel expenses and any agency cable international law, including principles, year ending September 30, 2008, and for expenditure to otherwise support the con- rights, and obligations established in appli- other purposes; which was ordered to ference; cable international fishery management and (2) the primary sponsor of the conference; trade agreements. lie on the table; as follows: (3) the location of the conference; ‘‘(b) RESTRICTIONS ON PORT ACCESS OR On page 70, between lines 10 and 11, insert (4) in the case of a conference for which the USE.—Action taken by the Secretary under the following: agency was the primary sponsor, a state- subsection (a)(2) that include measures to re- SEC. 217. (a) Notwithstanding any other ment that— strict use of or access to ports or port serv- provision of this Act, the amount appro- (A) justifies the location selected; ices shall apply to all ports of the United priated under the heading ‘‘UNITED STATES (B) demonstrates the cost efficiency of the States and its territories. ATTORNEYS SALARIES AND EXPENSES’’ under location;

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE S12884 CONGRESSIONAL RECORD — SENATE October 15, 2007 (C) the date of the conference; during United States contingency oper- cluding the National Guard and Reserve) and (D) a brief explanation how the conference ations, such as Operation Desert Thunder civilian employees and contractors that advanced the mission of the agency; and (enforcing United Nations resolutions in comprise the United States Transportation (E) the total number of individuals whose Iraq) and Operation Allied Force (North At- Command and recognizes the debt of grati- travel or attendance at the conference was lantic Treaty Organization operations tude of the American people; paid for in part or full by the agency. against Serbia), and United States peace- (2) honors the families of United States keeping endeavors, such as Operation Re- Transportation Command members and rec- SA 3319. Ms. CANTWELL submitted store Hope (in Somalia), Operation Support ognizes their sacrifices while their loved an amendment intended to be proposed Hope (in Rwanda), Operation Uphold Democ- ones are deployed around the world; and to amendment SA 3274 submitted by racy (in Haiti), Operation Joint Endeavor (in (3) recognizes the success of United States Ms. CANTWELL (for herself, Mr. SMITH, Bosnia-Herzegovina), and Operation Joint Transportation Command over the last 20 and Ms. COLLINS) and intended to be Guardian (in Kosovo); years and its continuing vital contributions proposed to the bill H.R. 3093, making Whereas the United States Transportation to the war against terrorism. appropriations for the Departments of Command has also supported numerous hu- manitarian relief operations transporting re- f Commerce and Justice, and Science, lief supplies to victims of natural disasters and Related Agencies for the fiscal at home and abroad; ORDERS FOR TUESDAY, OCTOBER year ending September 30, 2008, and for Whereas the United States Transportation 16, 2007 other purposes; which was ordered to Command is a vital element in the war lie on the table, as follows: against terrorism, supporting the Armed Mr. REID. Mr. President, I ask unan- imous consent that when the Senate On page 1, line 7 of the amendment, after Forces around the world; ‘‘agencies’’ insert ‘‘and the United States Whereas since October 2001, the United completes its business today, it stand Sentencing Commission’’. States Transportation Command, and its adjourned until 10 a.m., Tuesday, Octo- components and national partners, have f ber 16; that on Tuesday, following the transported nearly 4,000,000 passengers, prayer and the pledge, the Journal of 9,000,000 short tons of cargo, and more than UNITED STATES TRANSPORTATION proceedings be approved to date, the COMMAND 20TH ANNIVERSARY 4,000,000,000 gallons of fuel in support of the war on terrorism; morning hour be deemed to have ex- On Tuesday, October 2, 2007, the Sen- Whereas in 2003 the Secretary of Defense pired, the time for the two leaders be ate agreed to S. Res. 319 and its pre- designated the Commander of the United reserved for their use later in the day; amble, as follows: States Transportation Command as Distribu- that there then be a period of morning S. RES. 319 tion Process Owner to serve as the single De- business for 60 minutes, with Senators partment of Defense entity to ‘‘improve the Whereas the Goldwater-Nichols Depart- permitted to speak therein for up to 10 overall efficiency and interoperability of dis- ment of Defense Reorganization Act of 1986 tribution related activities—deployment, minutes each, and the time be equally (Public Law 99–433) revoked prohibitions on sustainment and redeployment support dur- divided and controlled between the ma- the consolidation of military transportation ing peace and war’’; jority and minority, with the Repub- functions, and President Reagan subse- Whereas the Quadrennial Defense Review licans controlling the first half and the quently ordered the establishment of a uni- of 2005 recognized the importance of joint majority controlling the final portion; fied transportation command within the mobility and the critical role that it plays in that at the close of morning business, Armed Forces; global power projection; cited the successful Whereas October 1, 2007, marks the 20th the Senate resume consideration of investment in cargo transportability, stra- H.R. 3093; that on Tuesday, the Senate year anniversary of the activation of the tegic lift, and pre-positioned stock; and United States Transportation Command at called for continued recapitalization and stand in recess from 12:30 to 2:15 in Scott Air Force Base, Illinois; modernization of the airlift and aerial tank- order to accommodate the respective Whereas the United States Transportation er fleet; and party conference meetings. Command consists of— Whereas the assigned responsibilities of The PRESIDING OFFICER. Without (1) the United States Transportation Com- the United States Transportation Command objection, it is so ordered. mand at Scott Air Force Base, Illinois; include— (2) the Air Mobility Command at Scott Air (1) providing common-user and commercial f Force Base, Illinois; transportation, terminal management, and (3) the Military Sealift Command in Wash- aerial refueling; ington, District of Columbia; and ADJOURNMENT UNTIL 10 A.M. (2) providing global patient movement for TOMORROW (4) the Military Surface Deployment and the Department of Defense through the De- Distribution Command at Scott Air Force fense Transportation System; Mr. REID. Mr. President, I see no one Base, Illinois; (3) serving as the Mobility Joint Force wishing to speak further today; there- Whereas Operation Desert Shield and Oper- Provider; and fore, I ask unanimous consent that the (4) serving as Distribution Process Owner ation Desert Storm provided a wartime test Senate stand adjourned under the pre- for the United States Transportation Com- for the Department of Defense: Now, there- mand, resulting in a command that is fully fore, be it vious order. operational in both peacetime and wartime; Resolved, That the Senate— There being no objection, the Senate, Whereas the United States Transportation (1) honors the sacrifice and commitment of at 7:43 p.m., adjourned until Tuesday, Command has continued to prove its worth the 155,000 members of the Armed Forces (in- October 16, 2007, at 10 a.m.

VerDate Aug 31 2005 03:35 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S15OC7.REC S15OC7 mmaher on MIKETEMP with CONG-REC-ONLINE