July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20353 was that day? It was Federal Judge There is just too much doubt about The legislative clerk read as follows: Frank Johnson of Alabama. Johnson whether Judge Southwick will have an A bill (H.R. 2638) making appropriations ordered the integration of Montgomery open mind when it comes to civil rights for the Department of Homeland Security for buses after Rosa Parks’ protest in 1956, and the rights of ordinary people in his the fiscal year ending September 30, 2008, and and he was the one who allowed that court, and that is why I will oppose for other purposes. march in Selma to take place. Because him if he comes before the Judiciary Pending: of Judge Johnson’s courage, he was Committee. Byrd/Cochran amendment No. 2383, in the shunned by his community, ostracized. A final word. Senator PATRICK nature of a substitute. Bingaman amendment No. 2388 (to amend- His mother’s home was bombed. He was LEAHY, the chairman of the Senate Ju- ment No. 2383), to provide financial aid to threatened many times because of his diciary Committee, has said he will local law enforcement officials along the Na- courage when it came to the issue of call Judge Southwick for a vote when- tion’s borders. civil rights. ever Senator SPECTER and the Repub- The PRESIDING OFFICER. The Sen- So when we speak of the Fifth Cir- lican minority want his name to be ator from West Virginia. cuit, and its history, and Federal called. I do not know how my col- Mr. BYRD. Mr. President, I thank my judges, I think of Frank Johnson and leagues on the Democratic side will friend and colleague, the very able and what he meant to America’s history vote. I know many of them share my distinguished Senator from South because of his courage. misgivings. Carolina, for his characteristic cour- At Judge Southwick’s nomination Judge Southwick has had a hearing, tesy. hearing, I wanted to be fair with him, which is more than can be said for Mr. President, this morning, we re- and I asked him a question which was many nominees from the Clinton ad- turn to the consideration of the fiscal maybe one of the easiest questions you ministration—over 60 judicial nomi- year 2008 Homeland Security appro- could ask of a nominee. I asked him to nees were bottled up in the Senate Ju- priations bill. The Appropriations Com- name a single time in his career or in diciary Committee during those years, mittee, by a vote of 29 to 0, produced a his life when he took an unpopular never even given the dignity or cour- balanced and responsible bill. point of view on behalf of the voiceless tesy of a hearing and vote. Judge The bill includes significant re- or powerless. He could not name a sin- Southwick had his hearing. He had his sources for border security, for enforc- gle instance. opportunity to speak and answer ques- ing our immigration laws, and for im- I thought, perhaps that was not fair. tions, unlike dozens of Clinton nomi- proving security at our airports. We in- The judge should be allowed to reflect nees who never had that chance. clude—we include, may I say—signifi- on that question. I will send it to him Now his record is there for everyone cant new resources for implementing in writing and ask him: Was there a to view, and his name is there if the the SAFE Port Act. We also restore time in your life when you sided, for Republicans decide they wish to call cuts in the first responder grants pro- example, with a civil rights plaintiff him for a vote. This is not obstruc- gram. when your court was split? He could tionism. This is the process as it Last week, the administration re- not name a single case in his judicial should work. I urge my colleagues, par- leased its latest National Intelligence career. ticularly from the State of Mississippi, Estimate concerning the terrorist There has been a heavy focus placed if Judge Southwick does not prevail, I threat to the U.S. homeland. Hear me on Judge Southwick’s votes in the so- hope they will be able to find in that now. I will say that again. Last week, called ‘‘N’’ word case—which I have great State someone who can be the administration released its latest discussed—and a custody case in which brought to this nomination who will National Intelligence Estimate con- he voted to take an 8-year-old girl not incur the wrath and doubt that cerning the terrorist threat to the U.S. away from her lesbian mother. Judge Southwick has over his decisions homeland. That is right here, the U.S. I disagree with Judge Southwick’s and over his testimony before the Sen- homeland. I will quote from the report. position in these cases. I think, sadly, ate Judiciary Committee. This is not just ROBERT BYRD talking. they show an inclination toward intol- Mr. President, I yield the floor. Let me say that again. Last week, erance and insensitivity. But I am The PRESIDING OFFICER. The Sen- the administration released its latest— sympathetic to the argument that ator from South Carolina. I am talking about the administration, these are only two cases out of thou- f the Bush administration, the adminis- sands in which he has taken part. How- tration in control of the executive ever, it is not the end of the story. HOMELAND SECURITY branch—the administration released A business group in Mississippi Mr. GRAHAM. Mr. President, a bit its latest National Intelligence Esti- looked at 638 cases during an 8-year pe- later I will be calling up an amendment mate concerning the terrorist threat to riod of time and rated Judge South- to the Homeland Security appropria- the U.S. homeland. I will quote from wick as the judge on the Mississippi tions bill pending before the Senate. I the report: Court of Appeals most likely to rule would like a moment, if I could—— We judge the U.S. Homeland will face a against common, ordinary people, em- The PRESIDING OFFICER. If the persistent and evolving terrorist threat over ployees suing their employers. Another Senator will suspend. the next three years. study showed he voted with companies Mr. GRAHAM. Yes, I certainly will. I That ought to make us sit up and and employers, businesses and powerful believe Senator BYRD wants to make a take notice. I am going to say it again. interests, in 160 out of 180 cases in statement first. Hear me. which there was a split decision. f Last week, the administration re- Many groups that do not normally leased its latest National Intelligence take a position on a Federal judge have CONCLUSION OF MORNING Estimate concerning the terrorist spoken out against Judge Southwick. BUSINESS threat to the U.S. homeland. I will There are many positive things about The PRESIDING OFFICER. Morning quote from the report: this judge’s life. He has served his business is closed. We judge the U.S. Homeland will face a country. He has served in the military. f persistent and evolving terrorist threat over And I am sure he has done many good the next three years. The main threat comes things. But when a Senator has to DEPARTMENT OF HOMELAND SE- from Islamic terrorist groups and cells, espe- make a decision about a lifetime ap- CURITY APPROPRIATIONS ACT, cially al-Qa’ida, driven by their pointment to a critical circuit court 2008 undiminished intent to attack the Homeland position, in a controversial area, where The PRESIDING OFFICER. Under and a continued effort by these terrorist groups to adapt and improve their capabili- we have had a string of controversial the previous order, the Senate will re- ties. . . . nominees, you have to take that very sume consideration of H.R. 2638, which [W]e judge that al-Qa’ida will intensify its seriously. the clerk will report. efforts to put operatives here.

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00015 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.000 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20354 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 Let me repeat that word—here, H–E– President’s request for FY 2008 appropria- Secure Flight program, which addresses crit- R–E. tions. The Administration has asked that ical vulnerabilities in the Nation’s aviation Yesterday, in light of this latest Congress demonstrate a path to live within security system. The program has been de- threat assessment from the Govern- the President’s topline and cover the excess layed for many years, and lack of sufficient spending in this bill through reductions else- funding in FY 2008 would further delay it be- ment’s most senior intelligence ana- where. Because Congress has failed to dem- yond the current target deployment of 2010. lyst—I better read that again. Yester- onstrate such a path. if S. 1644 were pre- TSA has provided all requested information day, in light of this latest threat as- sented to the President, he would veto the on the program and continues to work close- sessment from the Government’s most bill. ly with Congress and the Government Ac- senior intelligence analyst, I urged the The President has called on Congress to re- countability Office (GAO) to meet the ten President to reconsider his veto threat form the earmarking process that has led to mandates specified in P.L. 108–334. Hence, of this bill. This morning, we received wasteful and unnecessary spending. Specifi- the Administration asks that Congress fund cally, he called on Congress to provide great- the Secure Flight program at the requested the White House’s response. The Presi- er transparency and full disclosure of ear- level while providing TSA authority to dent has said he will veto this bill be- marks, to put them in the language of the transfer sufficient funds, if needed, after cause he, the President—President bill itself, eliminate wasteful earmarks, and Congressional notification, to meet the ten Bush—regards the additional spending to cut the cost and number by at least half. requirements as soon as possible. for border security, port security, avia- The Administration opposes any efforts to FEDERAL EMERGENCY MANAGEMENT AGENCY tion security, and for first responder shield earmarks from public scrutiny and (FEMA) grants as excessive. urges Congress to bring full transparency to The Administration strongly opposes the The President has every right to the earmarking process and to cut the cost dramatic increase of $1.8 billion for State and number of earmarks by at least half. make this threat, but, in my view, the and local homeland security grant programs. The Administration would like to take this By the end of FY 2007, DHS will have pro- view of this West Virginia moun- opportunity to share additional views re- vided over $23 billion in direct preparedness taineer, the threat is irresponsible. Let garding the Committee’s version of the bill. support to State and local agencies of which me say that again. In my view—and I SECURING OUR BORDERS approximately $8.5 billion will be unspent am a U.S. Senator—the threat is irre- The Administration has requested a total and available for preparedness projects in FY sponsible. of $11.8 billion in FY 2008 for border security 2008. Rather than appropriating additional If the President is going to scare the and interior enforcement measures, rep- unjustified dollars, Congress should work to- Nation by issuing intelligence esti- resenting a nearly 50 percent increase since gether with the Administration to ensure FY 2006. The Administration is pleased that that existing dollars are being appropriately mates that say the threat of a terrorist spent and to develop a better understanding attack is persistent and evolving, he, the bill supports the requested funding for strengthening border security by adding 3,000 of what reductions in risk and increases in the President—President Bush—has a new Border Patrol agents, enhancing inte- State and local capabilities will be achieved responsibility to back it up with re- rior enforcement efforts, and providing $1 with these unspent funds. The Administra- sources to deter that threat. The Ap- billion for fencing and other infrastructure tion strongly believes that the FY 2008 re- propriations Committee recognizes the improvements through the Secure Border quest level of $2.2 billion is appropriate and threat, and the Appropriations Com- Initiative. The Senate is asked to support allows the Federal Government to meet na- mittee of the Senate has responded re- other key elements of the Administration’s tional priorities and stand together with effort to control our border as well. State and local first responders in preparing sponsibly. for terrorist attacks and other major disas- I ask unanimous consent to have The Administration strongly objects to the $100 million reduction to the US–VISIT budg- ters. Further, the Administration is opposed printed in the RECORD the Statement et. While the Administration appreciates the to the creation of a new regional prepared- of Administration Policy dated July 25, Senate’s support for the Unique Identity pro- ness grant program, which would be duplica- 2007. gram, US–VISIT cannot collect and analyze tive of current programs. While the Adminis- Mr. President, I yield the floor. 10-print or move towards completing IDENT/ tration strongly supports efforts to enhance There being no objection, the mate- IAFIS interoperability without the full re- preparedness on a regional scale, existing quest, as these funds are necessary to crit- grant programs currently offer strong incen- rial was ordered to be printed in the tives for regional collaboration through RECORD, as follows: ical support operations and key program management and support functions, such as State homeland security strategies and pro- STATEMENT OF ADMINISTRATION POLICY, S. data center operations and fingerprint exam- grams. 1644—DEPARTMENT OF HOMELAND SECURITY iners. This shortfall will deny DHS and the CHEMICAL FACILITY SECURITY APPROPRIATIONS ACT, 2008 FBI the ability to search each other’s data- The Administration opposes section 531, (Sponsor: Senator Byrd (D), West Vir- bases using a full 10 fingerprints, to assist which would prevent the Department of ginia.) with terrorism and criminal investigations. Homeland Security (DHS) from establishing The Administration strongly opposes S. The Administration opposes any provision and enforcing, for the first time, a single, na- 1644 because, in combination with the other delaying Western Hemisphere Travel Initia- tional performance-based standard for en- FY 2008 appropriations bills, it includes an tive (WHTI) implementation at our land and hancing the security of high-risk chemical irresponsible and excessive level of spending sea borders to June 2009. The Administration facilities. Allowing State preemption of Fed- and includes other objectionable provisions. is committed to working with Congress and eral law could thwart DHS’s efforts to estab- The President has proposed a responsible the public to implement WHTI in a manner lish a national chemical facility security plan for a balanced budget by 2012 through that will cause as little disruption as pos- framework. Separately, while the Adminis- spending restraint and without raising taxes. sible, while providing Americans with the tration would prefer that Congress not re- To achieve this important goal, the Adminis- enhanced security that they expect. Re- strict the Department’s authorities in this tration supports a responsible discretionary cently, the U.S. Departments of State and manner, the Administration notes that the spending total of not more than $933 billion Homeland Security announced that U.S. citi- approach taken by this bill would cause less in FY 2008, which is a $60 billion increase zens traveling to Canada, Mexico, the Carib- disruption to the chemical security program over the FY 2007 enacted level. The Demo- bean, and Bermuda, by air, who have applied than language contained in the House cratic Budget Resolution and subsequent for but not yet received passports can never- version of the bill, H.R. 2638 which in addi- spending allocations adopted by the Senate theless temporarily enter and depart the tion to allowing State preemption, would Appropriations Committee exceed the Presi- United States with a government issued also lessen the protection of sensitive infor- dent’s discretionary spending topline by $22 photo identification and proof of application mation relating to the security of these fa- billion causing a 9 percent increase in FY for a passport from the Department of State cilities. 2008 discretionary spending. In addition, the through September 30, 2007. The federal gov- SECRET SERVICE Administration opposes the Senate Appro- ernment is making this accommodation for The Administration strongly objects to the priations Committee’s plan to shift $3.5 bil- air travel due to longer-than-expected proc- elimination of $3.1 million for presidentially lion from the Defense appropriations bill to essing times for passport applications in the designated Secret Service protection for Ex- non-defense spending, which is inconsistent face of record demand. In addition, earlier ecutive Office of the President (EOP) per- with the Democrats’ Budget Resolution and this summer, DHS announced that it will ac- sonnel, which leaves these costs unfunded for risks diminishing America’s war fighting ca- cept an expanded list of secure documents at FY 2008. In addition, beyond FY 2008, the un- pacity. land and sea ports of entry when WHTI be- certainty of who will be protected and how S. 1644 exceeds the President’s request for comes effective on January 31, 2008. much the Secret Service protection will cost programs funded in this bill by $2.2 billion, The Administration is concerned by the de- would create an unnecessary burden for the part of the $22 billion increase above the cision to significantly reduce funding for the EOP.

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The Administration also strongly objects Network priority telecommunications serv- The PRESIDING OFFICER (Mr. CAR- to section 516(b) that would limit the Secret ices. Without the full request, the Wireless PER). The Senator from South Carolina Service’s protective mission by creating a Priority Service and Government Emergency is recognized. burdensome reimbursable mechanism in lieu Telecommunications Service would lose cov- AMENDMENT NO. 2412 TO AMENDMENT NO. 2383 of the appropriate flexibility needed to pro- erage as communications carriers migrate tect these officials. The Secret Service is from circuit-switched networks to packet- Mr. GRAHAM. Mr. President, I offer better equipped to manage these costs. switched networks, preventing national se- an amendment and ask for its imme- PRINCIPAL FEDERAL OFFICIAL (PFO) curity decision makers from receiving diate consideration. The PRESIDING OFFICER. The The Department of Homeland Security prioritized bandwidth for emergency commu- supports the Senate bill’s omission of lan- nications. clerk will report. guage previously included in the House bill, UNITED STATES COAST GUARD (USCG) The legislative clerk read as follows: H.R. 2638, which would prohibit funding The Administration objects to section 529, The Senator from South Carolina [Mr. PFOs during disasters or emergencies. The which prohibits alteration of the Civil Engi- GRAHAM], for himself, Mr. GREGG, Mr. SES- Secretary of Homeland Security serves as neering Program of the Coast Guard. This SIONS, Mr. KYL, Mr. CORNYN, Mr. MCCONNELL, the principal Federal official for domestic in- language would severely limit USCG’s ad- Mr. DOMENICI, Mr. MCCAIN, Mr. SUNUNU, Mr. cident management. The PFO plays a valu- ministration of its engineering programs, in- MARTINEZ, Mr. COLEMAN, and Mr. SPECTER, able role as the representative of the Sec- cluding its ability to make such programs proposes an amendment numbered 2412. retary in the field by coordinating Federal more cost-effective, and undermine the Com- Mr. GRAHAM. I ask unanimous con- operations to respond to and recover from mandant’s authority under 14 U.S.C. 632. It sent that the reading of the amend- terrorist attacks, major disasters, and other would also significantly affect the Com- ment be dispensed with. emergencies. The Administration under- mandant’s efforts to realign the USCG’s mis- The PRESIDING OFFICER. Without stands the need to clarify the chain of com- sion support organization, of which civil en- objection, it is so ordered. mand for incident management and is cur- gineering activities and elements comprise (The amendment is printed in today’s rently revising the National Response Plan only one part. RECORD under ‘‘Text of Amendments.’’) to address this need. UNITED STATES CITIZENSHIP AND IMMIGRATION Mr. GRAHAM. Mr. President, this MANAGEMENT SERVICES (USCIS) amendment builds a little bit on what The Administration strongly supports The Administration is disappointed that Senator BYRD is talking about. How funding provided in the bill for the design the bill does not include a provision nec- the threats to the Nation are real, how and buildout of the St. Elizabeths campus, essary to clarify fee authority with respect which is the first critical step toward a con- to handle those threats, how much to the USCIS Systematic Alien Verification money we need, and where to put the solidated DHS headquarters. for Entitlements (SAVE) program. The The Administration is strongly opposed to SAVE program serves the needs of numerous money are all honest and genuine de- any effort to reduce, limit, or delay funding Federal, State and local agencies that need bates. But I think we found some com- for DHS human resources initiatives. The to verify immigration status for the purpose mon ground here as a nation from the bill provides only $5 million of the $15 mil- of determining eligibility for a wide variety last immigration debate. lion requested for a human capital system, of public benefit programs by providing them Senator JUDD GREGG has been one of whi?h would severely impact support to the necessary information from DHS records. the leading advocates for stronger bor- basic human resource services and develop- COMPETITIVE SOURCING ment of practices designed to meet the De- der security since I have been in the partment’s diverse personnel requirements. The Administration strongly opposes sec- Senate. While the Administration understands the tions 515 and 528, which impose restrictions During the last immigration debate need for prompt delivery of reports to Con- on competitive sourcing for work performed in terms of a comprehensive approach gress, the requirement to deliver reports on by the Immigration Information Officers at to solving immigration policy, one of complicated matters before receiving fund- the U.S. Citizenship and Immigration Serv- the things we seemed to find common ing could inhibit the Department’s efforts to ices and the Federal Law Enforcement ground on was the idea of providing ad- carry out its mission. Congress already re- Training Center instructor staff. Depriving DHS of the operational efficiencies gained by ditional border security. So the amend- quires more than 1,000 appropriations-related ment I have just offered, which will be DHS reports and is urged to ease the admin- competition limits its ability to direct Fed- istrative burden upon DHS and reduce the eral resources to other priorities. Manage- cosponsored by Senators GREGG, SES- additional reports required in the bill. ment decisions about public-private competi- SIONS, KYL, CORNYN, MCCONNELL, The Administration objects to the provi- tion and accountability for results should be DOMENICI, MCCAIN, SUNUNU, MARTINEZ, sion that would prohibit the use of funds for vested with the Department. COLEMAN, SPECTER, and many others, further data center development until the CONSTITUTIONAL CONCERNS seeks to build on what we did in the National Center for Critical Information Several provisions of the bill purport to re- last debate—to make it a reality in the Processing is fully used. The Department is quire advance approval by congressional area in which we have common ground. consolidating its data center operations into committees prior to the obligation of funds. The amendment has $3 billion in two primary facilities and this provision These include sections 504, 505, 509, and 534; terms of spending, emergency funding. would limit the Department’s ability to im- and under the headings, ‘‘Border Security prove and streamline its data management I would argue that the border security Fencing, Infrastructure, and Technology,’’ situation in this country and visa capabilities. and ‘‘Air and Marine Interdiction, Oper- The Administration appreciates the impor- ations, Maintenance, and Procurement,’’ overstays are emergencies and that we tance of GAO’s ability to conduct inquiries U.S. Customs and Border Protection; ‘‘Sala- have lost operational control of our efficiently and effectively, and DHS is tak- ries and Expenses,’’ United States Secret border. We have lost the ability to ing action to speed its response to GAO re- Service; ‘‘Management and Administration,’’ track people who come here on visas in quests. However, the Administration objects National Protection and Programs Direc- terms of when their visas expire and to the requirement that DHS revise depart- torate; and ‘‘Indicator Technology,’’ United whether they left, and we will pay a mental guidance regarding relations with States Visitor and Immigrant Status. GAO in consultation with the Comptroller heavy price, not only economically and Section 513 of the bill, which purports to socially but from a national security General. Congress’s directing the adoption of prohibit the Executive Branch from screen- certain truncated deadlines and procedural ing certain airline passengers, should be perspective. Of the ‘‘Fort Dix Six’’ peo- hurdles is inconsistent with the principle of stricken as inconsistent with the President’s ple who were caught conspiring to at- separation of powers, because it would inter- constitutional authority as Commander in tack Fort Dix, NJ, I think three over- fere with the time-tested process of accom- Chief to take steps necessary to protect the stayed their visas and three came modation between the Executive and Legis- Nation from foreign attack. across the border illegally earlier on in lative branches. Section 518 purports to prohibit the use of their life. So this amendment puts the The Administration strongy objects to sec- funds with respect to the transmission of tion 502, which would suspend for FY 2008 the Senate and the American people’s certain information to Congress. This sec- money where our mouth has been, and DHS Secretary’s authority to reorganize the tion could impede communications within Department to rapidly meet changing mis- the Executive Branch and could undercut the $3 billion will go a long way. sion needs. President’s constitutional duty to ‘‘take The goal of this amendment is to pro- NATIONAL COMMUNICATIONS SYSTEM care that the Laws be faithfully executed.’’ vide complete operational control of The Administration is concerned with the The Administration urges the Senate to de- the U.S.-Mexican border. It will in- level of funding provided for Next Generation lete the provision. crease the number of Border Patrol

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00017 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.000 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20356 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 agents to 23,000. It will allow us to ap- laws that there will be a price to be This is one of the issues facing the propriate four new unmanned aerial ve- paid, unlike the current system; that if American people where there is broad hicles, 105 ground-based radar camera you are caught coming back into the consensus by Republicans, Democrats, towers, 300 miles of vehicle barriers, 700 country after you have been deported, and Independents. People want oper- miles of border fencing, and a perma- there will be mandatory jail time. This ational control of their borders. They nent end to the catch-and-release pol- has been tried in some areas of the bor- want more money spent to secure their icy with 45,000 new detention beds. der, and it has been enormously suc- borders and to control who comes to This is a comprehensive border secu- cessful. the country, and for those who violate rity amendment. It also authorizes There are many parts in this bill re- our laws and commit crimes, a better things we need to have authorized from garding employment eligibility and process to detain them and deport the last debate where we were not able verification. The pilot program to have them. That is exactly what this amend- to pass a comprehensive bill. It takes biometric cards to determine employ- ment does. some of the stronger border security ment will be expanded, and those who I believe our thinking on this amend- measures and makes them part of this tell us about possible threats to our ment is very much in line with the amendment. As I said, it will increase Nation’s transportation system or American people. They see this very the number of border security agents homeland, we are going to protect much as something we should have to 23,000. It adds 14,500 new Customs them from civil lawsuits. If you are done a long time ago. Let’s not forgo Border Patrol agents through fiscal trying to identify a problem and you this opportunity. We tried just a few year 2012, increasing the overall num- call your government and say: I think weeks ago, and that failed; a chance of ber to 30,000. The Sanctuary City prob- there is a problem here, we are going to having comprehensive reform failed. I lem Senator COBURN identified—he has make sure you don’t get sued for doing feel an obligation to join forces with modified his original proposal, and that your civic duty. people who were disagreeing with me is in this amendment. So it is a comprehensive approach. It on a comprehensive approach to find This amendment authorizes a contin- is a $3 billion dollar appropriation, and common ground. I think the country is ued National Guard presence. It within that appropriation, we have urging us to find that common ground. strengthens our laws to deny immigra- some change in policy that will secure I believe this is a great place to start. tion benefits to aggravated felons, gang the homeland in a better fashion than The Border Security First Act of 2007 members, sex offenders, and child abus- the current system does. If this is not has been a product that has been bipar- ers. It really goes into our law and an emergency, I don’t know what tisan in nature. It is a collaborative ef- cleans up what is pretty much a mess would be in terms of our national secu- fort between people who have a com- by making sure we have the ability to rity interests. mon view of our border security needs, detain and deport people who are dan- The one thing the Congress—the Sen- and it is good legislation. It is needed gerous, who have been convicted of se- ate and the House—should agree on im- money at the right time. It is policy rious offenses. mediately, in my opinion, is gaining changes that will make us safer as a It gives State and local law enforce- operational control, regaining oper- nation. I would like to recognize Senator ment authorities the ability to detain ational control of our border and con- JUDD GREGG’s efforts over many years illegal aliens and transfer them to the trolling the visa program that allows to push the administration—and the Department of Homeland Security. It millions of people over time to come to Senate particularly—to deal better basically allows them to take money the United States. I would just make one point here. with the lack of control on our borders. from Homeland Security grants and I look forward to talking about this RAHM EMANUEL, one of the Democratic apply it to the cost of detaining and amendment further. I appreciate all House leaders, was quoted recently as turning over illegal immigrants they the cosponsors and the effort to do saying that his party will not attempt may run into and apprehend. something constructive now. Let’s, for comprehensive immigration reform As to visa overstayers, the 19 hijack- heaven’s sake, not wait 6 more years until at least the second term of a pro- ers who came into America who per- before we do something. Let’s seize the spective Democratic President. That is petrated the acts of 9/11, I believe all of moment, and the moment is now. them—if not all of them, most of a chilling statement. I think that is a I yield the floor. them—were visa overstayers. Forty very dangerous thing to be saying at a The PRESIDING OFFICER. The Sen- percent of the illegal aliens in this time when our Nation is under siege, ator from New Hampshire is recog- country never come across the border; and to suggest to the American people nized. they overstay their visa. This will that the Democratic leadership in the Mr. GREGG. Mr. President, I ask allow the Department of Homeland Se- House is going to put this topic off unanimous consent that at the conclu- curity to come up with a tracking sys- until the second term of a prospective sion of my remarks, the Senator from tem to better identify visa overstayers, Democratic President misses the point Maryland be recognized. who have proven to be in the past some and really, literally, misses the boat. The PRESIDING OFFICER. Without of the most dangerous people in terms This is an emergency if there ever was objection, it is so ordered. of threat to the homeland. It will allow one, and the idea of putting this off for Mr. GREGG. Mr. President, before the agency to coordinate with local law 6 or 7 more years I think would be a na- congratulating the Senator from South enforcement mandatory detention and tional security nightmare. It would be Carolina for bringing forward this ex- deportation. an economic and social mistake for the tremely important amendment, let me It also gets tough on those who keep ages in terms of the role the Congress begin by congratulating the Senator coming back across the border. There would play. from West Virginia and the Senator is this catch-and-release concept which So I urge my colleagues in the Sen- from Mississippi, the senior members needs to end. That is why we have ate not to go down the road that Con- of the Appropriations Committee, 45,000 new bedspaces to detain people, gressman EMANUEL has laid out for the chairman and ranking member of the give them the hearings required by Democratic-controlled House; that is, Appropriations Committee, who also law, and under this amendment, if you putting this whole discussion off until are chairman and ranking member of are caught coming back into the coun- the second term of a prospective Demo- the Subcommittee on Homeland Secu- try after you have been deported, it has cratic President. I couldn’t find a bet- rity, for bringing forward a bill which mandatory jail time. ter issue to show difference between makes major strides toward addressing One reason we have 12 million people myself and my colleagues in the House our needs as a nation to protect our- here is that no one seems to take our at the Democratic leadership level selves and to make sure our borders are laws too seriously, including ourselves. than this issue. Not only should we do secure. So now it is time to tell the world at this now on this bill at this moment, This has been a very integral issue large and those who would violate our we should have done this years ago. for both of these leaders for many

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years. Senator COCHRAN, who chaired The way the law works now, unfortu- when it is narrow and aimed at an this committee before the Democratic nately, we don’t have enough beds. issue of doing something that delivers majority took over, and Senator BYRD, What happens is the person gets de- a better service, and in this instance it who was the ranking member on this tained and the court system says re- is protecting our borders. That is not committee for years and has been inti- turn in a couple weeks and we will dis- an unusual event for the Appropria- mately involved in the effort to try to pose of whether you are here legally. tions Committee. It is a lift, but it is make sure we adequately address For the most part, they don’t show up something the Committee has done in things like port security—their leader- for court. This amendment will end the past and done rather well. I have ship is extraordinary, and this bill is a that practice of catch and release, and chaired a couple of committees where reflection of that. I do not want this I congratulate the Department for hav- that has been done. amendment to in any way imply they ing worked hard to try to do this with This is the time to do it. This is the have not made an extraordinary and a the resources they presently have. time to put into place the authorizing very effective effort to move forward In addition, this amendment will language necessary to do the dem- with border security because within fully fund the commitment that we as onstration programs on US–VISIT, the context of the dollars they had a Congress made at least 2 years ago which we absolutely need, to address available to them, they have done ex- now to put into place the necessary the issue of how you deal with criminal cellent work. hard fence and the virtual fence so that aliens who have committed a felony, a What this amendment does, how- we know who is crossing the border, or rape, or are child abusers—that lan- ever—and I congratulate the Senator when someone is crossing illegally, and guage is in here—and to address the from South Carolina for bringing it for- we can stop, as well as possible, those issue of how you deal with sanctuary ward—is acknowledge the fact that we who attempt to enter illegally. We cities, and especially give State and have an emergency here. It is as big know we need hard fencing in urban local law enforcement individuals the and important an emergency relative areas and we need virtual fencing along authority to be an adjunct to the law to national security as the war in Iraq the less populated areas. We put out a enforcement effort being put forward is. I look at them pretty much as the plan and hired a contractor to put up by border control and Customs in the same type of national emergency. The the virtual fencing. This amendment area of making sure our borders are se- issue of controlling our borders is an guarantees that that virtual fencing, cure. issue of national security, of making which involves a lot of electronics and When someone comes through the sure that we as a country are safe and air observation through Predators and northern border, for example—we don’t we maintain our viability as a nation. the equipment necessary, such as heli- have a lot of security on the northern A country that doesn’t control its bor- copters and vehicles, will enable the border in the sense that we have it on ders is not safe and will lose its viabil- people on the ground to apprehend the southern border because it is most- ity as a nation. So nothing is more im- these individuals who come in illegally ly forest or terrain that is not open. portant to us from the standpoint of where the crossing occurs, and it in- People can cross that border fairly protecting national security and mak- volves the necessary resources and cap- quickly and easily and always have ing sure we get operational control ital investment to accomplish all of been able to. We don’t have the same over the borders, which the Senator that, which is absolutely critical. problem on the southern border. We pointed out effectively, as this amend- It has the capital resources in it nec- have waves of people coming in there. ment moves forward. essary to get the job done of protecting Most of the first individuals coming in Some have said: Why would the our borders, and the American people, at the northern border will usually former Budget Committee chairman, if this amendment passes, will be able meet people of a law enforcement na- and now ranking member, be willing to to look at the dollars that have been ture, but not our Customs and Border offer an emergency resolution which put into the pipeline, which will ac- Patrol agents. It is probably going to brings this bill up by $3 billion? That is complish what is the first thing the be somebody south of there, in Epping, the reason. I have voted to make sure American people want relative to im- NH, or in New Ipswich, who says I want our troops are fully funded in Iraq. I migration reform, which is secure bor- to know if you are here legally, and am voting for this amendment because ders. they have to have some authority to be it will make sure we have the people I supported the last comprehensive able to raise that issue. They have to we need on the border to assure that immigration bill. I was one of the few have probable cause. They have to have our national security is maintained. In members on our side who voted for the authority to step forward when maintaining security over the border, that bill. I believe we need to do some- they have probable cause. This bill this amendment, once and for all, will thing in a comprehensive way. But I gives that authority. put into place the necessary funding— also recognize the reality of the situa- This is a good and appropriate piece this isn’t an authorizing event, remem- tion, which is that the American peo- of legislation for us to take up at this ber—to be sure we have the boots on ple will not move forward or will not time. I recognize it puts the bill in fur- the ground, the technology in place, accept movement in the area of com- ther jeopardy because it is emergency and the detention capability in place in prehensive immigration reform until funding and it adds $3 billion to the order to manage the border. they are confident we have regained bill. But this is a national security It takes the present situation where control over our borders. This amend- issue and it needs to be done. I also rec- we are ramping up the 20,000 border ment accomplishes that. ognize the Senator from West Virginia agents and increases that number to In addition, there are a number of au- pointed out that this bill has received 30,000 by 2012, and prefunds it, for all thorizing events in here. I recognize a letter from the administration saying intents and purposes. In addition, it that authorizing appropriations is they may or may not—but implying gives us 45,000 detention beds, which is anathema to many of us. As was point- they would—veto it because it is over what we need to stop the catch-and-re- ed out eloquently by the Senator from their allocation. lease process. So when the border South Carolina, we don’t have effective Like the Senator from West Virginia, agents apprehend someone whom they immigration reform. So the vehicle for that concerns me a great deal because deem to be in this country inappropri- accomplishing very targeted law en- I, again, must state that I don’t see a ately, they have a place they can put forcement reform—and this is law en- whole lot of difference between fight- that person, where they can find them forcement reform—in the area of pro- ing the war in Iraq and fighting the until they make a final determina- tecting our borders is going to have to war on the border to protect ourselves tion—when the court system makes a fall to the Appropriations Committee. from people coming into this country final determination of whether that It has not been unusual for the Appro- who may do us harm. Those are two person is illegally in this country and priations Committee to assume the issues which merge in this entire ques- should be returned. role of taking on an authorizing event tion of how we fight the war on terror.

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00019 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.000 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20358 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 I can separate this bill from the other der security fencing, infrastructure, ment and fire departments around appropriations bills that may be over and technology is more than $2.5 bil- Maryland and our Nation. the administration’s request—maybe in lion. The increased funding in this bill for agriculture, or in foreign operations, or Including the funding provided in our port and aviation security and first in education and labor, or maybe in this bill, since 2004, on a bipartisan responders will have a profound impact transportation, which is the actual basis under the leadership of Senators on my State of Maryland. day-to-day operations of the Govern- BYRD, CRAIG, and GREGG, Congress will Let me start with the Port of Balti- ment. But when it comes to fighting have increased the number of Border more. It is one of our country’s most the war on terror and protecting na- Patrol agents by 7,000, the number of important ports and a significant eco- tional security, I believe we have to do immigration enforcement personnel by nomic engine for our entire region, pro- everything necessary to accomplish 2,546, and the number of detention beds viding more than 33,000 jobs in Mary- that, and that means, in this instance, by 13,150. land and generating $1.5 billion in rev- fully funding the necessary people to The President has threatened to veto enue every year. It is the Nation’s go on the border and the capital re- this bill because of what he considers eighth largest port, handling about sources necessary to support those peo- to be ‘‘excessive’’ spending. However, it 2,000 ships and 3l million tons of cargo ple on the border. is not ‘‘excessive’’ when we provide each year. With the size of the Port of Balti- AMENDMENT NO. 2415 TO AMENDMENT NO. 2412 funds to secure our borders. I support continued bipartisan efforts to provide more, proximity to Washington, work- Mr. GREGG. Mr. President, at this load, and productivity come increased time, I send a second-degree amend- funding for real border security. We do not yet have the amendment, but I risks. That is why I was a strong pro- ment to the desk. ponent of the Security and Account- The PRESIDING OFFICER. The look forward to reviewing it. I yield the floor. ability for Every Port Act of 2006, the clerk will report. SAFE Port Act of 2006. This bill au- The legislative clerk read as follows: The PRESIDING OFFICER. The Sen- ator from Maryland is recognized. thorized more funding for programs The Senator from New Hampshire [Mr. that are critically important to the se- GREGG] proposes an amendment numbered Mr. CARDIN. Mr. President, first, I 2415 to amendment No. 2412. thank Senator BYRD and Senator COCH- curity of our ports, including risk- based port and cargo security grant Mr. GREGG. Mr. President, I ask RAN and the members of the Appropria- tions Committee for the fine work they programs, the development of a long- unanimous consent that reading of the range ship-tracking system, the devel- amendment be dispensed with. have done on this 2008 Department of Homeland Security appropriations bill. opment of a biometric transportation The PRESIDING OFFICER. Without security card for port workers, and de- objection, it is so ordered. As has been pointed out, this will provide $2.2 billion more than the velopment of a system to identify high- The amendment is as follows: risk containers. At the end of the amendment, add the fol- President’s request for homeland secu- rity. I note that it received the unani- These were all programs that, after lowing: hearings in the Congress, we felt were This division shall become effective one mous support of all members of the critically important to secure our sea- day after the date of enactment. committee, and for good reason: It is ports. an important investment in the secu- Mr. GREGG. This amendment simply You can imagine my dismay and the rity of our Nation. It provides the changes the date, Mr. President. It is a distress of the public safety officials technical amendment. I appreciate the needed resources so we can deal with and emergency planners in Maryland courtesy of the Senator from Maryland the security concerns in our own coun- when President Bush, who signed the in allowing me to proceed and, obvi- try, whether they be at our airports, SAFE Port Act, did not propose to fund ously, the Senators from West Virginia seaports, rail stations, or in our home many of the new activities that legisla- and Mississippi. communities. That is what we should tion authorized. I am grateful to the The PRESIDING OFFICER. Under be doing. It should be our highest pri- Appropriations Committee for recog- the previous order, the Senator from ority. I congratulate the committee for nizing the risk to the Port of Balti- Maryland is recognized. the manner in which it considered this more and other ports around the coun- Mr. CARDIN. Mr. President, first, I legislation and has brought it forward. try. It provided the funds so we can yield to the chairman of the com- I urge us to move it forward as rapidly move forward with those initiatives. mittee, the Senator from West Vir- as possible. The bill will provide $15 million ginia, who I understand would like Two weeks ago, Michael Chertoff, the above President Bush’s request to hire some time to respond to the amend- Secretary of the Department of Home- additional port security inspectors, ment offered. land Security, said he had a gut feeling conduct vulnerability assessments at The PRESIDING OFFICER. The Sen- our Nation is at an increased risk of a 10 high-risk ports, and develop a long- ator from West Virginia is recognized. terrorist attack this summer. While I range vessel-tracking system so we can Mr. BYRD. Mr. President, I thank hope his warnings would be based on monitor ships as they travel around the very distinguished Senator from more than a feeling, the National Intel- the world. Maryland, the able Senator, for yield- ligence Estimate released last week Most importantly, this bill provides ing. supports Secretary Chertoff’s instincts. $400 million in port security grants, I rise to discuss the Graham amend- Based upon the facts before it, the Na- $190 million above the President’s re- ment. In total, in fiscal year 2008, the tional Intelligence Council judged that quest as authorized—as authorized—by bill includes $11,377,816,000 for border ‘‘the U.S. homeland will face a per- the SAFE Port Act of 2006, which the security programs within U.S. Customs sistent and evolving terrorist threat.’’ President signed. These grants will and Border Protection and U.S. Immi- Al-Qaida has ‘‘protected and regen- provide Maryland with critical support gration and Customs Enforcement. erated key elements of its Homeland to improve perimeter fencing, under- This is $1,288,302,000, or 12.7 percent, attack capability’’ and is now as strong water detection capability, and en- above fiscal year 2007, and $338,846,000 as it was in 2001. The NIE states that hanced video surveillance systems. above the President’s request. That is 3 ‘‘the United States currently is in a I am pleased the committee recog- percent over the President’s request. heightened threat environment.’’ nizes the importance of the Coast With these funds, by the end of fiscal Based upon that, it is disheartening Guard’s presence at Curtis Bay, MD, year 2008, there will be a total of 17,819 that while the intelligence community and notes it is a ‘‘critical component of Border Patrol agents, 31,500 detention is discovering evidence of an increased the Coast Guard’s core logistics capa- beds, and more than 12,700 immigration threat to this country, President Bush bility’’ and ‘‘directly supports fleet enforcement and detention personnel. has recommended cutting funding to readiness.’’ Additionally, the combined funding in grant programs that secure our ports, The committee further recognizes fiscal years 2006, 2007, and 2008 for bor- airports, and bolster local law enforce- the vital role the yard has played in

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00020 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.000 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20359 ‘‘the Coast Guard’s readiness and infra- a position where we have to make improved detection and communica- structure for more than 100 years’’ and those kinds of choices. tions technology, improve communica- recommends ‘‘that sufficient industrial We must do more to ensure the safe- tions, and improve and streamline in- work should be assigned to the Yard to ty of the Nation’s chemical facilities. telligence-gathering agencies. Better maintain this capability.’’ I agree, and Enhanced security requires strong reg- technology and intelligence are a crit- I intend to do my best to make sure ulatory standards and policies attuned ical part of us being prepared against the committee’s recommendations are, to the risks faced by the communities threats. We need to do better on intel- in fact, followed. surrounding such facilities. In Decem- ligence gathering, and this bill pro- The bill provides $15 million above ber 2006, the Bush administration pro- vides help in doing that. President Bush’s request to address a posed regulations to preempt State and Congress can provide resources, but shortage of Coast Guard boats and local governments from adopting we cannot legislate appropriate action qualified personnel to allow the Coast stronger chemical security protections by DHS officials. All of us remember Guard to enforce security zones and than those proposed by the Federal with outrage how DHS officials placed protect critical infrastructure. Government. While the Federal Gov- the Washington, DC, and the New York The bill provides $60 million above ernment must ensure chemical facili- City metropolitan areas in a low-risk the President’s request for the estab- ties meet minimal safety standards, category for terrorist attacks or catas- lishment of Coast Guard interagency States must retain the ability to set trophe. That decision was ridiculous. maritime operational centers author- stricter standards to address the That decision, if it had been allowed to ized, again, by the SAFE Port Act of unique needs of their local commu- stand, would have cost those regions 2006, which will improve collection and nities. This bill ensures the essential millions of dollars of antiterrorist coordination of intelligence, increase ability of States to pass and enforce funds and would have had a dev- information sharing, and unify efforts tougher chemical site standards than astating impact on their ability to re- among Federal, State, and local agen- existing Federal standards, and it pro- spond to attacks. Last year, many of cies. vides an additional $15 million to help DHS’s grants were not released until The bill gives equal attention to States meet those standards. December 29, 2006, the day before the transportation security, providing $3.7 Again, I applaud the committee for end of the fiscal year. When the money billion for transportation security im- providing that help. It is very impor- Congress appropriates sits around in provements, $764 million more than the tant to the area I represent in Mary- Washington for more than 11 months, President’s request. This funding in- land, where we have so many chemical Americans certainly are not any safer. cludes $400 million for rail and mass plants. The delay in releasing funds under- transit security grants, $529 million for Despite tragically ample proof in the mines the budget and plans of emer- explosive detection systems, and $41 wake of Hurricane Katrina that State gency response agencies in all our com- million for surface transportation secu- and local governments were unprepared munities. The appropriations bill will rity. The bill provides the needed funds for a major natural disaster or ter- penalize DHS for releasing grants for passenger and luggage screening. rorist attack, the President’s budget late—a reduction of $1,000 per day when These grants will provide much-need- proposes a $1.2 billion cut in vital mandated timelines are not met. Local ed funding to protect airports in Mary- homeland security grant programs that officials are hamstrung waiting for land and across the Nation. In the past, provide critical support to local law guidance and grant moneys from DHS. I have worked with the Transportation enforcement and firefighting depart- Once again, I thank the Appropriations Security Administration, TSA, to ments. Committee for putting that provision bring the latest high-tech devices to I know we all talk about how impor- in the bill. Baltimore, including state-of-the-art tant these agencies are, our local fire- This bill takes other unusual meas- equipment to scan baggage and pas- fighters, our local first responders. The ures, such as requiring the Department sengers for explosives. I am proud the President’s budget cuts those funds. I to submit expenditure plans for key BWI Thurgood Marshall Airport was am pleased the Appropriations Com- programs to the committee for review the first airport in the Nation to have mittee did not follow the recommenda- before funds will be released. We saw a fully federalized screening workforce tion of President Bush but instead in- the devastating results of incompetent after the 9/11 terrorist attacks. creased funding by $1.8 billion over the management in the disastrous days be- Despite continued threats to aviation President’s request for our States and fore, during, and after Hurricane security, President Bush sought to cut cities to improve their ability to re- Katrina hit the gulf coast in 2005. funds to purchase and install explosive spond to attacks and natural disasters. At the beginning of this month, the detection equipment at airports by 17 These allocations include $560 mil- Washington Post reported the Bush ad- percent. Once again, I thank the com- lion for firefighter equipment grants, ministration had failed to fill roughly mittee for not following the Presi- $525 million for State homeland secu- one-quarter of the top leadership posts dent’s recommendation in that area. rity grants, $275,000 more than Presi- at DHS, ‘‘creating a ‘gaping hole’ in This bill provides $66 million for TSA dent Bush’s request, and $375 million the nation’s preparedness for a ter- air cargo security, $10 million above for law enforcement and terrorist pre- rorist attack or other threat.’’ These the President’s request. When com- vention grants. are serious problems the administra- bined with the $80 million included in The committee also provided FEMA tion needs to address immediately. the fiscal year 2007 emergency supple- with $100 million to rebuild its core Earlier this year, the Senate passed mental appropriations bill, these funds competencies and improve manage- S. 2, a bill implementing many of the will put TSA on a path to screen all ment. I hope the Agency will make remaining 9/11 recommendations. Ever cargo placed on passenger aircraft, and wise use of these additional funds. since I served on the House Select that is what we should be doing. Emergency preparedness officials in Committee on Homeland Security, I Maryland are especially happy to see The bill provides nearly $530 million, al- have strongly supported the 9/11 rec- most $90 million above the President’s re- increased allocations in FEMA’s budg- ommendations that we distribute quest, to purchase and install explosive de- et for predisaster mitigation. Increased homeland security money based on risk tection equipment at airports around the preparedness funding will lead to long- and ‘‘be mindful of threats’’ increased country. We need to do that. We need to have term savings by decreasing subsequent security measures will pose ‘‘to vital the latest equipment for explosives at our damage claims. Most importantly, in- personal and civil liberties.’’ In other airports. creased preparedness ensures we are words, put our money where it is need- I am disappointed the committee was ready to keep our people out of harm’s ed based on risk assessment, but be forced to shift $45 million from con- way. mindful of civil liberties. tainer security to secure pathways, I am pleased the bill contains critical S. 2 increases the amount of grant such as airfreight. We should not be in resources to develop and implement money distributed based on risk, and it

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00021 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.000 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20360 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 strengthens protections for all our and I thank my colleagues, and many that broader reimportation language most cherished liberties. I hope the other colleagues, who are supportive of this year. But in the meantime, this is Senate will get a chance to pass the this idea. This will be a continuation of a very important step forward that we conference report to this bill before the a very important, very productive pol- must preserve into the next fiscal year. August recess. I look forward to send- icy we began last year. Last year, I Mr. President, I yield the floor and ing it to President Bush for his signa- again joined with Senator NELSON of invite Senator NELSON to share his re- ture. It nicely complements the appro- Florida, Senator STABENOW, and many marks. priations bill we are poised to pass in others in coming forward with this spe- The PRESIDING OFFICER. The Sen- the next day or two. cific amendment on last year’s Home- ator from Florida is recognized. Nearly 6 years ago, on a sunny Sep- land Security appropriations bill. Mr. NELSON of Florida. Mr. Presi- tember morning, Americans received a We had a full and healthy debate on dent, I want to discuss this bipartisan terrible wakeup call, telling us we can the topic. After that full and healthy amendment, which we overwhelmingly be attacked here and we need to do debate, it passed the Senate floor 68 to passed last year as an amendment to more to protect ourselves. Congress 32. After it was retained in the con- the Homeland Security appropriations took that responsibility to heart, pass- ference committee and passed through bill. It basically gets at one little thing ing legislation empowering the Presi- the House and the Senate in the final that we can do to protect against the dent to protect our Nation. version of the appropriations bill, this rising cost of prescription drugs. I am proud to offer my support for amendment and the policy was signed At the end of the day, what we are going to have to be able to do, on a big this critical bill. Given the current into law. Because of that, we effec- program such as Medicare and the state of our national security and the tively ended the practice by Customs Medicare prescription drug benefit, we most recent NIE report, it is impera- and Border Patrol of seizing from are going to have to give that negoti- tive we pass this bill immediately. Americans what are otherwise lawful, ating power to the Federal Govern- There is no time for delay. safe, prescription drugs that happen to ment, through Medicare, to negotiate, Once again, I thank the leadership of be purchased from Canada—drugs through bulk purchases, the price of the Appropriations Committee for which are identical to those that can the drugs in order to bring them down. bringing this bill forward. It deserves be purchased in the United States. Until we can get that—and we tried our support. I hope we will have a Again, Mr. President, I want to make earlier this year and we were not suc- chance to vote on it within the next clear to all my colleagues that this cessful in getting 60 votes to cut off de- day or two so this bill can become en- amendment merely continues the im- bate. So until we can get that, we have acted in a timely way to meet the portant work we began last year, which to go at whatever avenue we can. needs of our Nation. received a very resoundingly positive One way is to allow citizens to order, I yield the floor. vote of the full Senate—68 to 32. Why through Canadian pharmacies, the very The PRESIDING OFFICER. The Sen- do we need to continue that? Well, ev- same drugs they get from American ator from Louisiana. erybody knows—everybody who buys pharmacies. And it is not only the Mr. VITTER. Mr. President, I ask prescription drugs, everyone who has same drug, it is manufactured in the unanimous consent to be recognized for an elderly parent, grandparent, or aunt same place—indeed, with the same up to 10 minutes and then immediately whom they are helping in terms of packaging. They can order from Cana- thereafter for my colleague on this those very real needs and costs—we are dian pharmacies where they get that issue, Senator NELSON, to be recognized burdened with sky-high prescription drug, in many cases, at half the retail for up to 10 minutes. drug costs in this country, while vir- price they are paying in pharmacies in The PRESIDING OFFICER. Without tually the rest of the world pays far the United States. I am talking about objection, it is so ordered. greater reduced prices for exactly the not only going across the border and AMENDMENT NO. 2400 same prescription drugs. That is the bringing it back, but I am talking Mr. VITTER. Mr. President, I call up system we are trying to break up and about also being able to order by mail, the Vitter amendment No. 2400, which break through. That is what we are by telephone, and by the Internet with- is at the desk. trying to end in order to allow Ameri- out having U.S. Customs intercept and The PRESIDING OFFICER. Is there cans to have access to safe and cheaper confiscate these packages. objection to setting aside the pending prescription drugs from Canada, and We went through this whole discus- matter? elsewhere. sion a year ago, and we pointed out the Mrs. MURRAY. Mr. President, at this It is very important that we take history of this program. We pointed time, I object to setting aside the this step forward to continue the pol- out how Customs had gotten into it amendment. Certainly, the Senator can icy we started last year, to continue it and were confiscating these packages. speak on the amendment, but we are for this fiscal year, in order to allow Yet the Acting FDA—Food and Drug working through the process on the Americans this opportunity. Again, I Administration—Commissioner said it first amendment and are unable to, at want to underscore several things, at wasn’t a safety factor if the drugs were this point, set it aside. Certainly, he is the risk of repeating myself. coming from Canada. I want to under- welcome to speak. No. 1, this is a continuation of what score Canada. I didn’t say another The PRESIDING OFFICER. Objec- we did last year by a vote of 68 to 32. country. I said Canada—if the drugs tion is heard. The Senator from Lou- No. 2, this applies to individuals only, were for the personal use of the person isiana is recognized to speak on his and individual amounts of prescription ordering the prescriptions, and if they amendment. drugs for individual use. We are not were for a limited supply. And they de- Mr. VITTER. Mr. President, that is talking about wholesalers, we are not fined that limited supply as 90 days or disappointing because we have been in talking about businesses getting into less—3 months. And, of course, that is communication with all the floor lead- the business of buying from Canada. what a lot of our constituents have ers of this bill to actually call up the And, No. 3, this does apply to Canada been doing for years, and getting their amendment, but I will certainly pro- only. We are not talking about any prescriptions at less than half the cost. ceed to speak on it. It is amendment other country. So we passed that amendment last No. 2400, which is at the desk, which Now, let me say straight off that I year overwhelmingly. What happened would amend the Homeland Security support much broader and stronger re- was, the pharmaceutical lobby got hold Appropriations Act to allow the rea- importation legislation. I have sup- of it when it got into the conference sonable reimportation of prescription ported that position consistently since committee with the House and it got drugs from Canada only. I came to the Senate and before that watered down so you could do it as I am joined in this very important while I was in the House, and I am very long as you traveled into Canada and amendment by Senator NELSON of Flor- hopeful that I will be successful, work- brought the drugs back. Well, for some- ida and Senator STABENOW of Michigan, ing with others on this issue, in passing body who lives in Detroit, maybe that

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00022 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.000 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20361 helps them, or somebody who lives on warming on glaciers. I am sure they God is ultimately in control and the the northern end of any of the northern will visit areas where you can see ice- activities of human beings today are States that have a border with Canada, bergs breaking off glaciers, presumably one tiny part of that divine plan. I maybe that helps them, but it doesn’t more frequently than normal, due to think, from time to time, we need to help our constituents who live else- global warming, although this phe- reflect that way, which is why I hope where in the country, particularly in a nomena has always occurred to some my colleagues visiting Greenland this State such as mine, Florida, where extent. weekend have an opportunity to take they are trying to make financial ends Perhaps these Senators will also visit time out of their schedule to visit the meet. with local residents, such as farmers Viking ruins. I recall for the Senate the fact that who have been able to graze their sheep I suggest the absence of a quorum. there are senior citizens in America longer during this warmer weather The PRESIDING OFFICER. The today who cannot afford the cost of that now seems to be there. clerk will call the roll. their prescriptions and the cost of their However, I wonder if, for a little his- The assistant legislative clerk pro- food as well. They go in and they cut torical perspective, the group will be ceeded to call the roll. their prescription tablets in half, visiting the Viking ruins on the south- Mr. SESSIONS. Mr. President, I ask which, of course, does not solve their ern tip of Greenland. As someone inter- unanimous consent the order for the problem. So what we are trying to do ested in history, I think such a visit quorum call be rescinded. is, in one little way here, to get at the would be very fascinating. I have al- The PRESIDING OFFICER. Without cost of these drugs to be able to bring ways believed that we can learn a lot objection, it is so ordered. them down. from history, so I am sure some value Mr. SESSIONS. Mr. President, I What we want to do is pass this could be found in such an excursion to would like to share some thoughts on amendment. If we can get it up for a the Viking ruins at the southern tip of the Graham-Gregg-McConnell amend- vote, it will pass the Senate. What Sen- Greenland. ment that has been offered this morn- ator is going to say to a senior citizen: As many of my colleagues may be ing and to support it. It is the Border You cannot order prescription drugs aware, archeologists have dug through Security First Act. It includes actual from Canada at half the price. Every the permafrost to excavate the remains funding which would be emergency Senator is going to vote for it, and of Viking farms, part of 2 major settle- funding. I think this is justified. then we will have to protect it again ments that at one time may have had I know my colleague, Senator GREGG, when it gets down in the conference up to 5,000 inhabitants, and those set- is a former chairman of the Budget committee with the House to see that tlements, presumably, lasted for over Committee. He is very astute and alert it doesn’t get watered down. And we 400 years. that we do not abuse emergency fund- will have to protect against the put- As we all know, Greenland was first ing, and he believes this is a justified ting in of such limitations as they have settled by Erik the Red, who encour- emergency—and I do too. In other in the past, saying: Oh, well, the White aged fellow Norsemen to join him in words, how much longer can we con- House will approve this amendment if colonizing the empty land that we call tinue to have lawlessness at our bor- they make it subject to the Secretary Greenland today. These men grew ders? This bill would go a long way in of HHS determining that it is safe. grain and grazed sheep and cows in pas- fixing that. Certainly, every aspect of Well, of course, they never make that tures. They prospered, at least at first, the bill, I believe, is a positive step in determination, so, in effect, it doesn’t building structures like a great hall returning us to a lawful system of im- ever happen. In point of fact, if you ask and a cathedral, as well as homes and migration in America. these officials privately, they will barns. The remains of about 400 stone One reason actually funding this admit that it is safe because it is the structures still exist on Greenland. project, these efforts, through this bill same drug, made by the same manufac- For reasons I am not sure are fully and through emergency spending is so turer, even with the same packaging. understood, sometime around the end important is because we have a history So Senator VITTER and I will be offer- of the 15th century, the Viking settle- of promising things and not doing ing this amendment later, at a time ment in Greenland disappeared. No one them. Not this year but last year the that we are allowed under the par- knows precisely why the Vikings dis- bill came forward in the Judiciary liamentary procedure to offer it, just appeared from Greenland, but it ap- Committee to comprehensively reform as we offered it last year, and I would pears from the archeological evidence immigration. I realized we had a short- then encourage the Senate to pass it that life got somewhat harder and the age of border enforcement officers, overwhelmingly, just as we did last climate became cooler and the land Border Patrol, and I offered an amend- year. more difficult to farm, until Greenland ment to do that as part of that author- Mr. President, I yield the floor. could no longer sustain the Viking set- ization bill, that immigration reform The PRESIDING OFFICER. Who tlements. bill. It was readily accepted. seeks recognition? I had an opportunity to be reminded I offered an amendment that added Mrs. MURRAY. Mr. President, I sug- of this as I saw on the Discovery Chan- bed spaces, and it was readily accepted, gest the absence of a quorum. nel this week where they were talking because I knew we needed more if we The PRESIDING OFFICER. The about a small ice age overcoming the were going to be effective. clerk will call the roll. Northern Hemisphere during the late I offered more funding to train State Mr. GRASSLEY. Mr. President, I ask 1400s, 1500s, and 1600s. Maybe that had and local law enforcement. It was ac- unanimous consent that the order for something to do with the Viking set- cepted. the quorum call be rescinded. tlements disappearing from Greenland. I offered amendments on fencing The PRESIDING OFFICER (Mr. But 500 years later, we are able to which were accepted as well—at least MENENDEZ). Without objection, it is so catch a glimpse of what their life must some of them. More on the floor were ordered. have been like by digging through a accepted. Mr. GRASSLEY. Mr. President, I ask farm buried in that permafrost on Then I had an insight that hit me. unanimous consent to speak for 3 min- Greenland. Only a little more time has That insight was that when we pass an utes as in morning business. passed since the Viking settlements authorization, what occurs is we au- The PRESIDING OFFICER. Without disappeared until today, than from the thorize certain legal changes. Those objection, it is so ordered. time they were established there in legal changes take place at once. For CONGRESSIONAL DELEGATION TO GREENLAND Greenland until they were abandoned. example, the guaranteed path to citi- Mr. GRASSLEY. Mr. President, I un- Contemplating the passage of time zenship in that immigration bill—it derstand we are going to have a group over centuries humbles us by putting passed, it became law, it was guaran- of Senators visiting Greenland this our own short lifespan in historical teed, it would happen no matter what. weekend to see the effects of global perspective. It makes us realize that But I realized it was real easy for my

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colleagues to agree to things that in- Senator GRAHAM and Senator forcement agents. They basically have volved enforcement that required GREGG—we discussed it recently with been blocked from being able to par- money, real dollars, to carry out be- members of the press and they made ticipate in any way. cause I realized they may have no in- the point: The American people want There is, however, a program called a tention of seeing that effort be funded. to see we are serious about what we 287(g) provision that gives training to Or, if they did have an intention to see promise first. That is why they support State and local officers so they don’t it funded, there are so many steps, hur- that. mess up, and they treat everybody ex- dles, and loopholes to go through be- For example, this legislation would actly properly and help in an effective fore it is ever funded it may never get fund 23,000 border agents. The bill that way to partner with Federal officers to funding because it would have to go is on the floor today, the basic Home- enforce immigration laws. through the appropriators and they land Security bill, would fund a little If you don’t want immigration laws would have to appropriate the money. less than 18,000 agents. We need more enforced, you don’t want the 600,000 To authorize money for a fence is not agents. We have to get to that tipping State and local law officers partici- to build a fence. That is the point. You point. We don’t need a whole unlimited pating. See? If you don’t want the law have to appropriate some money to number of agents. In my opinion, some- enforced, you don’t want these people build a fence. That was the gimmick, I body who has been involved in law en- to participate in any way because right believed all along, and that led to a forcement most of my career, I believe now we only have several thousand suggestion I made about having a trig- we can get to a point where the word is Federal agents—not on the border, in- ger. Senator ISAKSON went into that in out worldwide that our borders are not side the whole United States of Amer- some depth and offered the amendment wide open, and if you come to the ica. The only people we can rely on to have a trigger. The trigger said: Be- United States, you are likely going to would be voluntary State and local fore any of these other law changes be caught, unless you come legally. If support. about amnesty or legalization of those we do, we could see a substantial re- What we learned in Alabama, my here illegally could occur, some other duction in the number of people at- home State, we trained 60 State troop- things had to happen first. If you didn’t tempting to come here illegally. But ers in this program. It took far too spend the money on the others, this we have to get other agents out there long, in my view. The State had to pay would never happen. There was a trig- to get to that point—so 23,000 would their salaries. It cost the State of Ala- ger. That was a good idea, it was. It help a lot. It is more than this bill has bama $120,000 to be a partner with the dealt with the problem we were dealing in it. Federal Government to enforce laws with. Another thing you have to have is de- that they have authority to enforce— There is cynicism that is out there tention beds. In other words, if you ar- because of what happened in 1986. Let’s but to enforce laws of the Federal Gov- rest someone for illegally entering our be honest about it, what happened in ernment on an issue, immigration, that country, if you are in a position where 1986 was amnesty occurred. They didn’t should be primarily a Federal responsi- they are released on a promise to come deny it was amnesty. They were giving bility. people legal residence and path to citi- back for some proceeding because you This bill, the amendment that was zenship in 1986. But they promised to do not have a prison bed, a detention offered, this border security first do the things necessary to create a bed in which to put them, they do not amendment, would provide some grant lawful system in the future and that it show up. We have examples of the programs to enable more States to par- would not happen again. Three million catch-and-release policy, where 95 per- ticipate in this program. people in 1986 were provided amnesty. cent of the people released on bail on a It also funds—actually puts the But as we all know, the promises were promise to come back for their hearing money out to fund the fence. We have never fulfilled. We did not create a law- didn’t show up—surprise, surprise. had a half dozen votes on the fence, and ful system of immigration. We did not They were willing to come to the coun- it has still not been built. They are do the things necessary to enforce our try illegally. Who thinks they are building some now, they say. They are laws at the border. As a result of that, going to show up legally to be de- doing some. But it is still not on track we now have 12 million people illegally ported? How silly is that? It was an in- to be completed, and it is not funded in our country. Right? That is what dication to me and the American peo- according to what we voted. We voted happened. There is no mystery about ple that this Government was not seri- to build 700 miles of fencing. The un- this. This is actually fact. ous about immigration. We were not derlying legislation, this appropria- We had this bill that came up, the so- serious. Any government that allows tions bill, only funds 370 miles. That is called comprehensive reform bill. I ab- such a silly, worthless, no-good policy not what we voted to do. solutely believe it did not get us there. as that is not serious about it. You see what I am saying? It is one That is why I opposed it. I made up my So this bill would add detention beds. thing to authorize and vote to do some- mind I was not going to participate in The underlying bill is at 31,000. This thing. We all go back home and we are a legislative process that would tell would take us to 45,000. Hopefully, that so proud: I voted to build a fence. But our people of America, and my con- will take us to that tipping point, so nobody ever comes around to provide stituents, we were going to create a then we can say to a person who has the money to actually do it. So this lawful system in the future, if we were been apprehended: We are not going to bill would fund that. not going to do it. That is why a num- release you, we are going to hold you On the question of our local facilities ber of people suggested we should have until you are deported. Sometimes it is to apprehend people for serious crimes, a border security first bill. That is difficult, if they are from foreign coun- people who are in the country illegally, what the House of Representatives said tries, distant countries, not our border who are subject to being deported as last year. They said they were not even countries, to get them back to their soon as they are released from jail oc- going to consider our bill because they countries. It takes some time to get a curs—under current law, that is not believed we ought to prove to the plane or a boat to ship them out. working well at all. American people we could create a law- Another thing that is a part of this— This bill would allow local facilities, ful system of immigration first. certainly, if we are serious about immi- detention facilities, to detain them for In this amendment, Senator GREGG gration, one of the things we want to up to 14 days, to give the Federal Gov- and Senator GRAHAM and Senator KYL do is welcome legitimate help from our ernment the right to do that, to get and MCCONNELL—many of those who State and local law enforcement agen- them deported, as they should be, if had supported the comprehensive re- cies. There are only a few thousand they committed felonies in the United form—are saying let’s get some credi- Federal immigration agents inside the States. bility with the American people. I United States—not at the border, I Last September, 80 Senators voted to thank them for that. I believe this is a mean inside the United States. There build 700 miles of fencing along our step in the right direction. are 600,000-plus State and local law en- border. Ninety-four Senators voted for

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00024 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.000 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20363 the amendment I offered for $1.8 billion still a lot of loopholes. We should not mitted 2 weeks following the debate on to be appropriated. It eventually got pat ourselves on the back. But these immigration—asking the President of reduced in conference to $1.2 billion to are all critical steps toward creating a the United States to send an emer- build the fence we said we were going lawful immigration system. If we can gency supplemental to the floor of the to build. This bill, the underlying bill, do that and regain some confidence House and Senate to fund all of the calls for an additional $1 billion toward among the American people, we will be border security measures we have construction of the fencing. But that is able to talk about many more of the passed, such as the fence bill, which we not enough. The Gregg-Graham-Kyl issues in favor of that. authorized last year, and the five key amendment would provide the money I yield the floor. provisions of the immigration bill that sufficient to do that and get us on the The PRESIDING OFFICER. The Sen- were lost that deal with border secu- right track. ator from Georgia is recognized. rity. That is Border Patrol agents; the I will mention briefly a couple of Mr. ISAKSON. Mr. President, I ask unmanned aerial vehicles and ground other things in the legislation that I unanimous consent that the pending positioning radar; it is detention facili- strongly favor. Senator GRAHAM has amendment be set aside and that ties; and, most importantly, most im- advocated previously that we need to amendment No. 2392, the Isakson- portantly, it is the biometrical secure have penalties for people who come Chambliss amendment, be called for- ID which gives you the redundancy to back into the country illegally. I mean, ward. see to it that we finally stop the forged how silly is it to have persons enter the The PRESIDING OFFICER. Is there document business, close the border, country illegally, you apprehend them, objection? remove the attractive nuisance to you do not prosecute them, you do not The Senator from Washington. come to America, and motivate people put them in jail—you could, because it Mrs. MURRAY. Mr. President, I re- to go back and come in the right way is a crime—and you deport them, and gretfully inform the Senator at this and the legal way. here they are the next week, or even point we are not setting aside amend- Some may say, well, an emergency the next day coming back into the ments until we have disposed of or de- supplemental is not the way to go. I country. You have got to, at some termined how we are going to dispose would submit it is the only way to go. point, if you are serious about law, of some of the other amendments that If anybody doesn’t think this is an have a penalty extracted. are in front of us. I would be happy to emergency, I don’t know about your So this bill would require penalties let the Senator speak on the amend- phone system, but mine broke down for people who reenter a second time, ment at this time. We are going to ob- with the volume of calls we had last at least, in our country illegally. Cer- ject until we have a way to proceed for- month. The Senate broke down with tainly that is a good step, but it is not ward with the amendments that have the volume of calls and the weight and happening today. There is a deal going been offered. the complexity of this issue. But, most on among certain judges, and it has The PRESIDING OFFICER. Objec- importantly of all, we broke down be- gotten to be a real problem for our im- tion is heard. cause the people of the United States migration enforcement system. That Mr. ISAKSON. Mr. President, I thank do not have the confidence in this Con- is, local State judges, if they have an the Senator from Washington. I ask gress or the President that they will individual who is about to be deported, unanimous consent—I am going to secure the border. often will cut the sentence and not speak briefly—Senator CHAMBLISS be There is no question that this coun- make it the required sentence, and allowed to speak immediately after try needs an immigration policy sys- that would obviate their deportation me. tem that works for high skilled, mod- from the country for being convicted of The PRESIDING OFFICER. Without erately skilled and lower skilled. There a felony. This would keep judges from objection, it is so ordered. is no question that we need to review going back and manipulating the AMENDMENT NO. 2392 our entire immigration system. There criminal justice system to try to pre- Mr. ISAKSON. Mr. President, I asso- is no question it needs fixing. But there vent a result that should naturally ciate myself with the remarks that I is equally no question that is never occur in the future. have been able to hear this morning by going to take place until the American It has institutional removal program Senator GREGG, Senator SESSIONS, Sen- people feel we have secured the home- funding. This is important as a prac- ator GRAHAM, and others. I rise to land and, in particular, have secured tical matter. It does not work to wait bring forward—I cannot bring it for- the border to the South with Mexico. until a person has completed their jail ward because they will not let me call We know what it takes to do it. It is time for a serious criminal offense, and it up, but at least talk about amend- delineated in the bill that was on the then have the Federal Government ment 2392 offered by myself and Sen- floor of the Senate a month ago. We start up a proposal to deport them. ator CHAMBLISS from Georgia. To that know what it takes to do it. We know They run away; they do not show up to end, I ask unanimous consent to have how to do it. In fact, in the last year, be deported. It is so obvious that that printed in the RECORD our joint let- we developed an entire new system of is happening. So we have a program, ters—Senator CHAMBLISS and my joint building fences that has allowed us to the institutional removal program, letters—of June 12 and July 12. accelerate barrier construction along that does allow the Federal Govern- The PRESIDING OFFICER. Without the border. It is being done right now ment to take those people before they objection, it is so ordered. at San Luis, between San Luis and are released from jail and do the paper- (See Exhibit 1.) Yuma, AZ. I have been there and seen work and commence the hearing so at Mr. ISAKSON. Mr. President, the it. It speeds up the system, and it is the time of their departure, they are reason I entered these two letters is foolproof. It gets the redundancy we released into State prison for the seri- they reflect precisely what the amend- need in our security system to make it ous offense they have committed, they ment does. The amendment offered is a work. would directly be deported. That only sense-of-the-Senate amendment. It is I am not asking the Senate to do makes sense. We are doing some of that the sense of the Senate that expresses anything I have not asked the Presi- now, and this bill would provide extra the following: This is a team sport. It dent of the United States to do. I think money for that. takes the executive and the legislative every day we wait is a serious mistake. In every aspect of the legislation, it branch to get our Nation secured, our We know it will take a minimum of 24 is a step in the right direction. It does homeland security, and in this case, months to do the biometric ID, train not get us there if the executive branch our borders secured. The letters I sub- the number of Border Patrol officers or if the Government does not want to mitted by Senator CHAMBLISS and my- we need to add, build the 30,000 deten- enforce these laws. It does not get us self are letters to the President of the tion cells, put the unmanned aerial ve- there if the House or conferees fail to United States—one submitted during hicles in the sky, and get the ground put this money in the bill. There are the debate on immigration, one sub- positioning radar and ground sensor

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00025 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.000 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20364 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 systems in. We know it is going to take express the views of the people of Georgia on marks of my good friend and my col- 24 months. But it is going to take 24 this matter. league from Georgia relative to this months from when we finally have the Sincerely, particular amendment. He is dead on political courage and will to fund the SAXBY CHAMBLISS, target. We have been there for 2 years Senator. now encouraging this border security money. The only way to ensure that is JOHNNY ISAKSON, for us to join hands with the President, Senator. issue, that it be brought forward to the pass a singular bill without any other forefront on this issue of immigration. subject on it, that appropriates the U.S. SENATE, We are going to continue to pound at emergency funds necessary to accom- Washington, DC, July 12, 2007. this until it is, in fact, realized by Con- plish those things. President GEORGE W. BUSH, gress and the administration and some- It is not complicated, and I do not The White House, thing is done. Washington, DC. I also associate myself with the re- think it should be controversial. It is DEAR MR. PRESIDENT: On June 12, 2007, we my hope when the majority reads this wrote to you regarding our commitment to marks of my good friend from Ala- amendment and decides on whatever securing our nation’s borders and suggesting bama, Senator SESSIONS, along with their posturing would be on this bill, a way forward on comprehensive immigra- Senator GREGG and Senator GRAHAM. that they understand this is a clear, tion reform. Now that the Senate has again This problem relative to illegal immi- concise message that a unanimous Sen- rejected the comprehensive approach em- gration was debated here thoroughly in bodied in the Secure Borders, Economic Op- the halls of the Senate a year ago as ate should send to the President of the portunity and Immigration Reform Act of United States to see to it that we start well as last month. Unfortunately, we 2007, we want to underscore our belief that have not come to any conclusion as to that 24-month clock by funding the illegal immigration remains our nation’s top money and appropriating it and getting domestic issue. Although the Senate has any part of this issue. The problem has the job done. This issue is too critical; turned its attention to other legislative pri- not gone away. So I rise today to dis- it is too important. It is job one and we orities, the American public, who daily en- cuss amendment No. 2392, which is an counters the effects of our current failed im- must do it now. amendment Senator ISAKSON and I migration system, has not forgotten the have offered regarding the need for EXHIBIT 1 duty we have, as their federal representa- emergency spending to secure the bor- U.S. SENATE, tives, to address the issue of illegal immigra- ders of the United States. Washington, DC, June 12, 2007. tion. Since September 11, our local, State, President GEORGE W. BUSH, Many Americans from across the nation have become engaged in this issue, and and Federal law enforcement officials The White House, have taken great strides to make com- Washington, DC. shared with us their wide ranging and pas- sionate opinions on how we can reform our munities, air and water ports, cities, DEAR MR. PRESIDENT: Although the Sen- immigration system. While there is no con- ate’s effort to reform our nation’s immigra- and national landmarks safer and more sensus on the best approach to comprehen- tion laws through the Secure Borders, Eco- secure. I think it is a credit to this ad- sive immigration reform, there is near una- nomic Opportunity and Immigration Reform ministration, as well as to the Con- nimity in the belief that we should secure Act of 2007 is stalled, illegal immigration re- gress, that we have not suffered an- our borders first. We sincerely believe the mains our nation’s number one domestic greatest obstacle we face with the American other attack domestically since Sep- issue. We therefore believe it is incumbent people on the issue of immigration reform is tember 11. But we must continue to be upon us and our colleagues to tackle this trust. The government’s past failures to up- vigilant. One part of that is securing issue and not leave this problem for future hold and enforce our immigration laws have our borders. We have improved our in- generations to solve. eroded respect for those laws and eliminated formation-sharing capabilities between As we travel around Georgia and continue the faith of the American people in the abil- Federal and local first responders and to hear from our constituents, the message ity of the government to responsibly admin- from a majority of Georgians is that they law enforcement officials. ister immigration programs. Within our intelligence community— have no trust that the United States Govern- We believe there is a clear way to regain ment will enforce the laws contained in this the trust of the American public in the com- the CIA, the FBI, NSA—we have also new legislation and secure the border first. petency of the federal government to enforce increased our information-sharing ca- This lack of trust is rooted in the mistakes our immigration laws and manage our immi- pabilities -both vertically within each made in 1986 and the continued chaos sur- gration system: We should prove our abili- agency and horizontally with each rounding our immigration laws. Understand- ties with actions rather than make promises. other. ably, the lack of credibility the federal gov- To that end, we believe that you and your Since the inception of our global war ernment has on this issue gives merit to the administration could alleviate many of the on terrorism, we have made numerous skepticism of many about future immigra- fears of our constituents by calling for an arrests, disrupted al-Qaida communica- tion reform. emergency supplemental bill to fully fund We believe the way to build greater sup- the border and interior security initiatives tion and planning capabilities, pre- port for immigration reform in the United contained in the Secure Borders, Economic vented and foiled potential terror at- States Senate and among the American pub- Opportunity and Immigration Reform Act of tacks, broken up sleeper cells, and cap- lic is to regain the trust in the ability of the 2007, as well as any outstanding existing au- tured members of al-Qaida’s top leader- federal government to responsibly admin- thorizations. Such a move would show your ship. ister immigration programs and enforce im- commitment to securing the border first, When it comes to our national secu- migration laws. There is bipartisan agree- stopping the flow of illegal immigrants and rity, terrorists only have to get it right ment that we need to secure our borders drugs into our nation, and creating a tam- once. We have to get it right every sin- first, and we believe this approach will serve per-proof biometric identification card for gle time. None of us can afford to take foreign workers. It will also work towards as a platform towards addressing the other our safety and our freedom for granted. issues surrounding immigration reform. restoring the credibility of the federal gov- To that end, we believe that you and your ernment on this critical issue. Much more still needs to be done, But administration could alleviate many of the We urge you to carefully consider this re- there is no doubt about it, we are win- fears of our constituents by calling for an quest, and thank you for the opportunity to ning the war on terrorism. emergency supplemental bill to fully fund express the views of the people of Georgia on On June 28, 2007, the Senate, by a the border and interior security initiatives this matter. vote of 46 to 53, rejected cloture on a contained in legislation currently pending in Sincerely, bill to provide for comprehensive im- the Senate, as well as any outstanding exist- SAXBY CHAMBLISS, migration reform. However, illegal im- Senator. ing authorizations. Such a move would show migration remains as a top domestic your commitment to securing the border JOHNNY ISAKSON, Senator. issue in the United States. The Amer- first and to stopping the flow of illegal im- ican people continue to encounter the migrants and drugs into our nation. It will The PRESIDING OFFICER. The Sen- also work towards restoring the credibility effects of our failed immigration sys- of the federal government on this critical ator from Georgia. tem on a daily basis. They have not issue. AMENDMENT NO. 2392 forgotten the duty of Congress and the We urge you to carefully consider this re- Mr. CHAMBLISS. Mr. President, President to address this issue of ille- quest, and thank you for the opportunity to first, I associate myself with the re- gal immigration and the security of

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00026 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.000 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20365 the international borders of the United emergency which must be addressed On the U.S. side of the border, the States. This amendment will help re- immediately. I certainly do not have FBI is supposed to interrogate and con- mind the President and Congress that all of the answers, but I do know that, duct a threat assessment and interro- the problem of illegal immigration is first and foremost, what we have to do gations on every captured special in- still with us. There is no consensus on is secure the borders. This is where the terest alien, but the process is severely the best overall approach to com- problem originates, and this is where it flawed and open to error. Often, the prehensive immigration reform, but I must be halted. If we don’t secure our FBI signs off on captured special inter- believe, and many Americans do as borders, then nothing else we do rel- est aliens, allowing them access to the well, that the first step is funding the ative to immigration reform or na- political asylum process without con- necessary tools to defend our country. tional security will really matter. clusively knowing whether they are or The Federal Government has the re- I yield the floor. are not associated with terrorist orga- sponsibility to, and immediately The PRESIDING OFFICER. The Sen- nizations. Furthermore, Border Patrol should, secure the borders of the ator from Texas. agents are simply using expedited re- United States. Mr. CORNYN. Mr. President, I rise to moval processes to kick special inter- Even with our best efforts, illegal join my colleagues in support of the est aliens back over the border into entry into the United States remains a Graham amendment, of which I am Mexico, where they will certainly try vast problem that is getting more and pleased to be a cosponsor, and to pro- to cross again, with no investigation more out of control. This is a security vide my colleagues some information I and no FBI referral whatsoever. breach we must address. We must com- found particularly revealing in the This series of articles published in mit the sufficient money for our border form of a four-part series in my home- the San Antonio Express News will be security agencies, including Customs town newspaper, the San Antonio Ex- an eye-opener for the people of this and Border Patrol, Immigration and press News, written in May of 2007. The country. Frankly, those of us who are Mem- Customs Enforcement, as well as the author of the series, a reporter by the bers of the Senate have the privilege of National Guard currently on our bor- name of Todd Bensman, chronicles the movement of an Iraqi individual from having classified briefings from time to ders through Operation Jump Start. Many Americans from across the Na- Damascus, Syria, to Detroit, MI. It is time. Of course, we cannot talk about that intelligence information on which tion have become engaged in this issue particularly instructive, as we are con- we are briefed behind closed doors. But and shared with me their wide-ranging templating this amendment and the here in the public domain are the re- and passionate opinions on how we can importance of funding border security measures, that this kind of informa- sults of Mr. Bensman’s investigation in secure our borders and resolve our ille- tion be brought to the attention of the chilling detail, chronicling the move- gal immigration crisis. ment of an individual from Damascus, I sincerely believe the greatest obsta- Senate. I ask unanimous consent to have the Syria, to Detroit, MI, via Moscow, Ha- cle this body faces with the American first of the four-part article from vana, into Guatemala, and then up people on the issue of border security MySA.com entitled ‘‘Breaching Amer- through Mexico’s southern border and and immigration reform is trust. The ica: War refugees or threats?’’ printed into the United States. Federal Government’s lack of action to in the RECORD at the conclusion of my I have met with Border Patrol uphold and enforce our immigration remarks. agents. Perhaps the current occupant laws and secure our borders has eroded The PRESIDING OFFICER. Without of the chair and others have had the respect for those laws and eliminated objection, it is so ordered. same experience I have. I asked them, the faith of the American people in the (See Exhibit 1.) out of the 1.1 or the 1.3 million people ability of the Government to respon- Mr. CORNYN. Mr. Bensman, in this we actually detain coming across our sibly administer immigration pro- article, found the following in his in- southern border, for every person we grams and protect our citizenry. vestigation, and I will summarize. detain, how many people do you think I believe there is a clear way to re- More than 5,700 illegal immigrants get across? I have heard estimates gain the trust of the American people from 43 countries with majority Mus- ranging from detaining maybe one out in the ability of the Federal Govern- lim populations, including state spon- of every three to one out of every four. ment to enforce our immigration laws sors of terror, have been caught while The truth is, nobody knows for sure and secure our borders. We should traveling over the Canadian and Mexi- who gets away. We do know that people prove our abilities with actions rather can border along well-established un- who are detained and returned across than continuing to make promises. derground smuggling routes since 9/11, the border likely try again. So it is To that end, Senator ISAKSON and I a traffic that continues today. Mr. hard to get good information. believe the President could alleviate Bensman estimates between 20,000 and This is not a matter of solely eco- many of the fears of our constituents 60,000 of these so-called special interest nomic migrants coming from Mexico or and other great citizens of America by aliens, by virtue of their country of or- Central or South America into the calling for an emergency supplemental igin being countries where terrorism is, United States. The truth is, Central bill to fully fund the border and inte- unfortunately, alive and well or be- America and Mexico are a land bridge rior security initiatives contained in cause they are state sponsors of inter- into the United States for anybody the Secure Borders, Economic Oppor- national terrorism, have gotten anywhere around the world who wants tunity and Immigration Reform Act of through without being caught since 9/ to come here, anybody who has the 2007, as well as any outstanding exist- 11. These migrants, although relatively money to pay the human smugglers to ing authorizations. small in total numbers, are high risk get them here. Obviously, these could Such a move would show his commit- because they hail from countries where be individuals who want to work and ment to securing the border first, stop- American troops are actively battling who want nothing but a better life— ping the flow of illegal immigrants and Islamic insurgents, nations where rad- what we all have and want in Amer- drugs into this country, and creating a ical Islamic organizations have bombed ica—but it can also be very dangerous tamper proof biometric identification U.S. interests or murdered Americans. people who want to do us harm. That is card for foreign workers who are here Unguarded U.S. borders are most cer- the reason this funding, this emer- legally. It will also work toward restor- tainly in the terrorists’ playbooks as a gency funding for border security, is so ing the credibility of the Federal Gov- means of entering the country. Since important. ernment on this very critical issue. the late 1990s, at least a dozen con- It is also important that we begin to Frankly, Congress has not done a very firmed terrorists have sneaked over regain the lost public confidence that good job of addressing this issue for U.S. borders, including operatives from the Federal Government can actually about two decades. It is imperative Hezbollah, Hamas, Tamil Tigers, and deliver on its promises. We have been that we find and implement a solution one al-Qaida terrorist once No. 27 on telling people for a long time how im- quickly. This is a national security the FBI’s most wanted terrorist list. portant it is in a post-9/11 world to

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00027 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.000 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20366 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 know who is coming into our country the nonnegotiable goal of border secu- forms large colonies, it would enhance and why people are coming here. Rec- rity. the natural barrier the Rio Grande ognizing that if there is a way to sepa- I noticed most of the property abut- River already provides in many places rate the economic migrants and to cre- ting the Rio Grande River is private along the border. Thus, it would also ate an immigration system that would property. I am not sure the Border Pa- assist the local Border Patrol agents give people an opportunity through trol or the Department of Homeland by providing a clear line of sight and legal immigration to come to the Security has really thought through ready access to areas that are cur- United States on a controlled basis, it the fencing idea and what it would rently not available to them because of will then allow law enforcement agen- mean to condemn through eminent do- the dense growth of this Carrizo cane. cies an effort to target those who are main proceedings private property I am pleased to say the Border Patrol common criminals, drug dealers or, in- along the border in Texas. I am in- has taken the suggestion and is talking deed, terrorists or special interest formed that in Arizona and other to local officials and property owners. aliens from state sponsors of terrorism. places, much of the property along the This shows some real promise. But it We were reminded again about the border is already owned by the Federal demonstrates what happens when you dangers from our porous borders when, Government, so we don’t have that have local officials and people who live on Monday, officials with Immigration issue. But I have found in Texas, this is in the community talking to Federal and Customs Enforcement announced a controversial issue. officials trying to come up with a solu- that they had arrested more than 100 I have been pleased to work with my tion to a common problem. gang members in Texas. These 121 sus- colleague, Senator HUTCHISON, to make Now, when the Federal Government— pects represent 27 different gangs, in- sure that in this amendment and in folks operating in the Beltway—decide cluding the notorious Mexican Mafia every opportunity, we have insisted they have a better idea, and they do and MS–13. Of course, MS–13 is the upon consultation with local elected not care what local and State officials think about it, well, usually that cre- ultraviolent Central American gang officials and property owners to ates a lot of conflict and it also creates that has come into the United States achieve the most effective means of a less perfect solution and maybe not a through our broken borders. More than border security, recognizing that result solution at all. half of these gang members had crimi- is nonnegotiable but how we get there So I will be offering that Carrizo cane nal charges against them, and nearly should be the subject of consultation amendment as well as another amend- half of them were arrested on adminis- and negotiation. ment which would require a report by trative and immigration-related Getting back to the private property the Department of Homeland Security charges. So we see time and time issue, one of my amendments will ask on the impact of border security meas- again, as most recently as the daily the Department of Homeland Security ures on private property owners along newspaper, what the threat is. Yet Con- to produce a report talking about the the Rio Grande River a little later on. gress continues to do not nearly impact on border security due to the But I close by saying the threat enough to fix it. fact that much of the property, for ex- posed by common criminals—as a re- This amendment gives us an oppor- ample, in Texas is private property and sult of our broken borders—to drug tunity to fix the problem at the border. asking them to come back and tell dealers is very real. As Mr. Bensman’s It is not just at the border. We need to Congress so we can make more intel- article points out, the access through deal with our broken immigration sys- ligent decisions about how to effec- our broken borders to virtually any- tem because roughly 45 percent of the tively use the taxpayers’ money to ac- body in the world who has enough people who are illegally present in the complish that nonnegotiable goal of money to pay the smugglers to get country today in violation of our im- border security, given the fact that a them in is an open door to people migration laws came in on a legal visa lot of that property is private property whom we prefer not come here; name- but simply overstayed and melted into and would require, if fencing was going ly, people who come from countries the vast American landscape. So we to be built on it, that some sort of emi- that are state sponsors of international have to, as this amendment does, make nent domain proceeding would go for- terror and, perhaps, people with the sure we find ways to police visa over- ward. Obviously, the ranking member goals of harming innocent Americans, stayers. We need to make sure we con- of the Appropriations Committee, the taking advantage of the same broken tinue to work on document fraud and Senator from Mississippi, and the borders that yield access to economic identity theft that makes it hard for chairman of the Appropriations Com- migrants. even good faith employers to deter- mittee would want to know whether EXHIBIT 1 mine the legal eligibility of prospective the Federal taxpayer is going to be [From the San Antonio Express-News] employees to work in America. This asked to pay just compensation for BREACHING AMERICA: WAR REFUGEES OR amendment is the first big step toward eminent domain proceedings if, in fact, THREATS? regaining the public’s confidence again those were contemplated. (By Todd Bensman) and demonstrating that we are actu- There is a lot of beneficial discussion DAMASCUS, SYRIA.—Al Nawateer restaurant ally serious about delivering on our going on as we talk about this with is a place where dreams are bartered and se- promises, not engaged in overprom- local officials and others. For example, crets are kept. ising but underdelivering, as we have on my many visits to the U.S.-Mexico Dining areas partitioned by thickets of border in Texas, I have heard local law crawling vines and knee-high concrete foun- in the past. tains offer privacy from informants and I will be offering at a later time some enforcement officials and the Border agents of the Mukhabarat secret police. amendments myself. Coming from a Patrol talk about the problems caused The Mukhabarat try to monitor the hun- border State with 1,600 miles of com- by an invasive plant commonly called dreds of thousands of Iraq war refugees in mon border with Mexico, this is a per- Carrizo cane. Carrizo cane, as it turns this ancient city, where clandestine human sonal issue to many of my constitu- out, grows so big and so fast that not smuggling rings have sprung up to help refu- ents, particularly. While some, such as even the night-vision technology used gees move on—often to the United States. But the refugees who frequent Al the Senator from Alabama, Mr. SES- by Border Patrol agents can penetrate Nawateer, gathering around Table 75 or sit- SIONS, believe strongly in the need for the Carrizo cane. It serves as a safe ting alone in a corner, are undaunted, will- more fencing along the border, it is haven for human smugglers and com- ing to risk everything to meet a smuggler. controversial along the border in south mon criminals along the border. If the They come to be solicited by someone who, Texas. I have worked with those local Federal Government could work with for the right price, will help them obtain officials and property owners. We have local officials and local property own- visas from the sometimes bribery-greased two amendments I will be talking more ers to eradicate Carrizo cane, this ro- consulates of nations adversarial or indif- ferent to American security concerns. about later. The consultations we have bust perennial grass that can grow to a The deals cut at places like Al Nawateer conducted have been useful in coming height of 20 to 30 feet, multistemmed could affect you. Americans from San Anto- up with creative ways to accomplish clumps that resemble bamboo and nio to Detroit might find themselves living

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The rest was up to issue; and that has to do with the nom- who have come to America with darker pur- him. ination of Judge Leslie Southwick. suits than escaping war or starting a new Boles knew it wouldn’t be easy or quick: I heard the distinguished Democratic Not until a year later in-fact, in the-dark- life. whip, majority whip, speak to the U.S.-bound illicit travel from Islamic ness just before dawn on April 29, 2006, would countries, which started long before 9–11 and he finally swim across the Rio Grande on an Southwick nomination earlier, and I includes some reputed terrorists, has gained inner tube and clamber up the Texas river- wish to make sure, in fairness, there is momentum and worried counterterrorism of- bank 40 miles west of Brownsville. a complete consideration of the facts. ficials as smugglers exploit 2 million Iraq But Boles was undaunted. He cut a deal Of course, Judge Southwick, the war refugees. The irony is that the war with the Syrian, setting in motion a journey nominee to which the majority whip into the vortex of a little-known American America started to make itself safer has objects, has been given the highest forced more people regarded as security strategy in the war on terror: stopping peo- ple like him from stealing over the border. marks by his peers for the qualities of threats toward its borders. RIVER OF IMMIGRANTS fairness and compassion by both the A stark reminder of U.S. vulnerability at Mississippi Bar Association and the home came this month when six foreign-born Near the tiny Texas community of Los Muslims, three of whom had entered the Indios, the Rio Grande is deep, placid and American Bar Association on two occa- country illegally, were arrested and accused seemingly of little consequence. sions, both when he was nominated to of plotting to attack the Army’s Fort Dix in But its northern bank is rigged with mo- serve as a Federal district judge and New Jersey. tion sensors that U.S. Border Patrol agents now with his nomination to the Fifth What might have happened there is sure to monitor closely, swarming whenever the sen- Circuit. stoke the debate in Congress, which this sors are tripped: Here and all along the river, an abstract Regarding Senator DURBIN’s con- week will take up border security and immi- concept becomes real. America’s border with cerns, of course, as a member of the Ju- gration reform. But the Iraqi refugee prob- Mexico isn’t simply a political issue or secu- diciary Committee, he voted to con- lem provides a twist on the question of what rity concern. It is a living body of water, sur- firm Judge Southwick to a lifetime assurances America owes itself in uncertain prisingly narrow, with one nation abutting times: What do we owe Iraqis thrown into Federal bench. So I wonder why, now its greenish-brown waters from the north that he has been nominated to the chaos by the war? and another from the south. Politically, immigration can be a faceless Since 9–11, the U.S. government has made Fifth Circuit, those concerns have aris- issue. But beyond the rhetoric, the lives of guarding the 1,952–mile Mexican border a top en when, in fact, there were no such real people hang in the balance. A relatively priority. One million undocumented immi- concerns expressed when Judge South- small but politically significant number are grants are caught each year trying to cross wick was nominated and confirmed from Islamic countries, raising the specter, the southern and northern U.S. borders. unanimously by the Senate Judiciary some officials say, of terrorists at the gate. Because all but a tiny fraction of those ar- For those few, the long journey to America rested crossing the southern border are Committee to the Federal district starts at places like Al Nawateer. Mexican or Central American, issues of bor- bench. The restaurant’s reputation as a meeting der security get framed accordingly and cast I heard Senator DURBIN criticize place is what drew Aamr Bahnan Boles. in the image of America’s neighbors to the Judge Southwick for his participation Night after night, Boles, a lanky 24-year- south. Right or wrong, in this country the in the case of Richmond v. Mississippi old, sat alone eating grilled chicken and public face of illegal immigration has Latino Department of Human Services. The tabouli in shadows cast by Al Nawateer’s features. fact of it is, Judge Southwick did not profusion of hanging lanterns: Boles always But there are others coming across the Rio write the opinion Senator DURBIN is came packing the $5,000 stake his father had Grande, and many are in Boles’ image. given him when he fled Iraq. People from 43 so-called ‘‘countries of in- critical of. Of course, as a judge, unlike Boles was ordering his meal after another terest’’ in the Middle East, South Asia and a legislator, a judge has no choice but backbreaking day working a steam iron at North Africa are sneaking into the United to vote. He voted for the result, for the one of the area’s many basement-level gar- States, many by way of Texas, forming a outcome of the case, but I think it is ment shops when he noticed a Syrian man human pipeline that exists largely outside unfair to attribute the writing of the the public consciousness but that has wor- loitering near his table. The Syrian appeared opinion to Judge Southwick, some- to be listening intently. He was of average ried counterterrorism authorities since 9–11. These immigrants are known as ‘‘special- thing he did not write. build and wearing a collared shirt. Boles interest aliens.’’ When caught, they can be Of course, we all deplore the racial guessed, he was about 35 years old. subjected to FBI interrogation, detention slur which was the subject of that opin- When the waiter walked away, the Syrian holds that can last for months and, in rare approached Boles, leaned over the cheap ion. The board determined, from the instances, federal prison terms. evidence before it, that the racial slur plastic table and spoke softly. He introduced The perceived danger is that they can himself as Abu Nabil, a common street nick- evade being screened through terror-watch was an isolated comment, was made name revealing nothing. lists. outside of the target’s presence, was ‘‘I noticed your accent,’’ the Syrian said The 43 countries of interest are singled out followed by an apology—which I think politely. ‘‘Are you from Iraq?’’ because terrorist groups operate there. Spe- is significant—which was accepted and Boles nodded. cial-interest immigrants are coming all the did not result in significant disruption ‘‘I could help you if you want to leave,’’ time, from countries where U.S. military of the workplace. the Syrian said. ‘‘Just tell me when and personnel are battling radical Islamist move- Under Mississippi law, the board’s where. I can get you wherever you want to ments, such as Iraq, Afghanistan, Somalia go.’’ and the Philippines. They come from coun- ruling could only be reversed if it was For an instant, Boles hesitated. Was the tries where organized Islamic extremists ‘‘arbitrary and capricious, accepting in Syrian a Mukhabarat agent plotting to take have bombed U.S. interests, such as Kenya, principle the notion that a decision un- his money and send him back to Iraq? Was Tanzania and Lebanon. They come from supported by any evidence is by defini- he a con artist who would deliver nothing in U.S.-designated state sponsors of terror, tion arbitrary and capricious.’’ return for a man’s money? such as Iran, Syria and Sudan. The court of appeals majority, in- ‘‘I want to go to the USA,’’ Boles blurted. And they come from Saudi Arabia, the na- cluding Judge Southwick, operating ‘‘It can be done,’’ said the Syrian. But it tion that spawned most of the 9–11 hijackers. wouldn’t be cheap, he warned. The cost Iraq war refugees, trapped in neighboring under a highly deferential standard of might be as high as $10,000. countries with no way out, are finding their review—which is applied in the case of Hedging against a con, Boles said he didn’t way into the pipeline. agency decisions routinely—upheld the have that kind of money. Zigzagging wildly across the globe on their board’s decision and found that there The Syrian told him there was a bargain- own or more often with well-paid smugglers, was some evidence to support the basement way of getting to America. For their disparate routes determined by the board’s ruling that the isolated com- $750, he could get Boles a visitor’s visa from availability of bogus travel documents and relative laxity of customs-enforcement prac- ment did not sufficiently disturb the the government of Guatemala in neighboring workplace so as to justify the employ- Jordan. tices, special-interest immigrants often con- ‘‘After that you’re on your own,’’ the Syr- verge in Latin America. ee’s termination. ian said. ‘‘But it’s easy. You fly to Moscow, And, there, a northward flow begins. The majority made clear it did not then Cuba and from there to Guatemala.’’ NOMINATION OF JUDGE LESLIE SOUTHWICK endorse or excuse the slur. They said: The implication was obvious. The Syrian Mr. CORNYN. Mr. President, I would We do not suggest that a public employee’s would help Boles get within striking dis- like to, if I may, turn to one other use of racial slurs . . . is a matter beyond the

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00029 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.000 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20368 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 authority of the employing agency to dis- But right now I hate to see Judge sibilities and fund local law enforce- cipline. Southwick unfairly criticized by at- ment through this grant program to In other words, they said it would be tributing to him something he did not the extent they are willing and able to appropriate to discipline a person for even say, by joining an opinion which support the Federal Government’s ef- using racial slurs. was ultimately upheld by the Mis- forts to secure the border. Of course, Judge Southwick reiter- sissippi Supreme Court in compliance This Border Relief Grant Program ated his disdain for the use of any ra- with appropriate legal standards. That will give the men and women in law en- cial slurs and has repeatedly told the is what judges do. They do not decide forcement, who are on the frontline of committee that the use of the word at winners and losers and then try to jus- securing America’s border, the nec- issue is—in his words—‘‘always offen- tify the result. They apply the law im- essary support to do their jobs and en- sive’’—I would hope we would all agree partially to everyone who comes before sure that local taxpayers do not have with that—and ‘‘inherently and highly them. From all appearances, Judge to foot the bill. These funds can be derogatory.’’ At the hearing he said: Southwick has been true to that re- used to obtain equipment, hire addi- ‘‘There is no worse word.’’ He said it quirement and that great tradition of tional personnel, and upgrade law en- was ‘‘unique’’ and that he could not our judiciary. forcement technology. imagine anything more offensive. I yield the floor. It is my hope my colleagues will sup- In response to a written question Mr. COCHRAN. Mr. President, I sug- port this amendment again, as they from Senator DURBIN, Judge Southwick gest the absence of a quorum. have before. wrote: The PRESIDING OFFICER. The With that, I yield the floor and sug- Use of this word is wrong, improper, and clerk will call the roll. gest the absence of a quorum. should offend everyone regardless of the The bill clerk proceeded to call the The PRESIDING OFFICER. The speaker’s intent. roll. clerk will call the roll. The legislative clerk proceeded to I agree. Mr. CORNYN. Mr. President, I ask As a legal matter, the Supreme Court unanimous consent that the order for call the roll. Mr. SPECTER. Mr. President, I ask of Mississippi explicitly agreed with the quorum call be rescinded. unanimous consent that the order for the appellate court’s conclusion that The PRESIDING OFFICER. Without the quorum call be rescinded. objection, it is so ordered. dismissal was unwarranted. That was The PRESIDING OFFICER (Mr. the appeal from the Court of Appeals to Mr. CORNYN. My apologies, Mr. CARDIN). Without objection, it is so or- President. I will be brief. My staff re- the Supreme Court of Mississippi. The dered. The Senator is recognized. supreme court said: minded me there was one other amend- Mr. SPECTER. Mr. President, I fur- In this case, we find that the harsh penalty ment I was going to mention that I ther ask unanimous consent that I may of dismissal of Bonnie Richmond from her failed to mention. It will be an amend- be permitted to speak for up to 30 min- employment is not warranted under the cir- ment I will also offer later on that utes. cumstances. builds upon the good work of Mr. The PRESIDING OFFICER. Without We can agree or disagree with the de- BINGAMAN, the Senator from New Mex- objection, it is so ordered. cision made by the board that reviewed ico, that was unanimously approved by NOMINATION OF JUDGE LESLIE SOUTHWICK that. We can agree or disagree with the the Senate earlier this week. Mr. SPECTER. Mr. President, I have decision of the court of appeals. But I My amendment will actually double sought recognition to reply to a floor do not know why, after the American the amount Congress can provide for statement made earlier today by the Bar Association—the professional orga- the Border Relief Grant Program that senior Senator from Illinois concerning nization that reviews Federal nomi- will help local law enforcement in the pending nomination of Judge Leslie nees—after they have reviewed Judge towns and cities along our borders Southwick for the Fifth Circuit Court Southwick’s record, including his par- cover some of the costs they incur of Appeals. ticipation in that decision, and found serving as the backup to Federal offi- The Senator from Illinois asserted him to be highly qualified, why we cials when it comes to combating ille- that ‘‘there are too many questions would come back and try to besmirch gal immigration and fighting drug traf- about whether Judge Southwick would his reputation as a part of trying to de- fickers and other border-related bring a measure of fairness in cases in- feat this nomination. crimes. volving civil rights and the rights of I am sure there will be more discus- The Senate unanimously approved ordinary people in his court.’’ But in sion about Judge Southwick as we go this same amendment during debate on the course of the speech of the Senator forward. I hope we are not heading the immigration bill we considered ear- from Illinois, he only raised one ques- down a very dangerous path again, lier this year. It is also included in the tion. That one question was about a which is to deny this President’s nomi- comprehensive border security package specific case. nees—or any President’s nominees—an Senator GRAHAM has offered and is cur- The Senator from Illinois went on to opportunity for an up-or-down vote. rently pending, and, of course, of which say: Right now, I know the senior Senator I am a cosponsor. This perception as to whether he will be from Mississippi, Mr. COCHRAN, has It is the obligation of the Federal fair or evenhanded is determinative in my been talking to the chairman of the Ju- Government to adequately secure the mind. Whether you agree with that percep- diciary Committee, and the chairman Nation’s borders and prevent the flow tion, it is there. has offered a vote for Judge of undocumented persons and illegal I begin by disagreeing categorically Southwick’s nomination in the com- drugs into the United States. with the Senator from Illinois that it mittee. For far too long, local law enforce- is a matter of perception. It is a matter But right now Judge Southwick is ment officers—I am talking about sher- of fact. When he says this perception as continuing to have consultation with iffs, I am talking about police chiefs, to whether he will be fair or even- members of the committee, in hopes he and others—as well as local taxpayers, handed is determinative, I disagree can get an up-or-down vote in the com- have borne the burden of law enforce- strongly. What is determinative is mittee and then hopefully come to the ment, given the failure of the Federal what are the facts of his record taken floor where we can have a debate which Government to adequately fund the in totality. will cover the whole range of Judge Border Patrol and to demonstrate its The one question which the Senator Southwick’s qualifications and his re- willingness to secure the border. So from Illinois has raised involves a case sume and his record so the Members of now it is time not only to add to the where the Mississippi intermediate ap- the Senate can fairly ascertain for Federal law enforcement officials—by pellate court upheld a finding by an ad- themselves whether he should be con- increasing the number of Border Pa- ministrative board that an employee firmed and then have an up-or-down trol—but it is time for the Federal should not be fired under the cir- vote. Government to own up to its respon- cumstances which I will now describe.

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00030 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.000 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20369 The employee had made a racial In the second case to which the Sen- In Total Transportation v. Shores, a statement which was a one-time com- ator from Illinois referred—only one 6-to-4 decision, Judge Southwick joined ment. The slur was not in the presence sentence—there were many factors the other three dissenters, who would of the targeted coworker. The em- which led to the award of custody to have upheld an award of workmen’s ployee apologized to the coworker. The the father, such as he had a steady job, compensation benefits for a truck driv- coworker accepted the apology. The in- he had a higher income, he owned a er’s widow where the majority ruled in cident did not produce any significant large residence, and he had roots in the favor of the employer. workplace disruption. community. Although the Senator In Burleson v. Hancock County Sher- The administrative board then made from Illinois did not refer to one sen- iff’s Department, a 6-to-3 decision, the determination that the incident did tence in the opinion—again, which again Judge Southwick joined in dis- not warrant dismissal of the employee. Judge Southwick did not write but sent, arguing that a public employee The question then presented to the concurred in—there was a reference to was unconstitutionally fired, while the court on which Judge Southwick sat, a ‘‘homosexual lifestyle’’ which has majority ruled in favor of the em- the intermediate appellate court, was been used frequently, including the ployer. whether the finding by the administra- Lawrence v. Texas decision. It is per- Similarly, Judge Southwick has tive board was arbitrary and capri- haps not the most sensitive kind of ruled numerous times in favor of tort cious; that is, whether there was suffi- language, and perhaps there could have victims and against businesses. In cient evidence for them to find to that been a substitution for it, but it cer- Ducksworth v. Wal-Mart Stores, Judge effect. tainly does not rise to the level of a Southwick voted to reverse a trial When Judge Southwick testified be- disqualifier. court’s verdict against a customer who fore the Judiciary Committee, he was The Senator from Illinois has said had slipped on an unknown substance emphatic in his statement that the that Judge Southwick could not be fair at Wal-Mart. slur was unacceptable, that he did not to run-of-the-mill litigants in the In Breland v. Gulfside Casino Part- agree with that kind of conduct, and courts and cited a couple of studies, nership, Judge Southwick voted to re- that it was the worst kind of word to which are not identified, which do not verse summary judgment for a casino in a slip-and-fall action brought by a use—the so-called ‘‘N’’ word—but that specify any authors, and on their face, patron who had suffered multiple inju- his role as an appellate judge was to in the statement by the Senator from make a legal determination on whether ries falling down a casino staircase. Illinois, I think fairly stated should be In Martin v. B. P. Exploration & Oil, there was sufficient evidence to uphold entitled to really very little, if any, the decision or whether the adminis- Judge Southwick voted to reverse sum- weight. But let’s take a look at some of trative board was arbitrary and capri- mary judgment against the plaintiff, the specific cases that Judge South- cious. who injured her ankle upon exiting a The Senator from Illinois then said wick has decided. gas station’s restroom on an allegedly In a case captioned McCarty Farms that the Mississippi Supreme Court poorly constructed access ramp. Inc. v. Caprice Banks, Judge South- unanimously reversed the majority In Wilkins v. Bloodsaw, Judge South- wick affirmed an award of permanent opinion. But, the fact is—and this is wick voted to reverse a grant of sum- partial disability benefits for a woman implicitly acknowledged by the Sen- mary judgment in favor of a Pizza Hut who experienced a 70-percent industrial ator from Illinois—that the only rever- which was sued by a mother who was sal was on the very narrow ground of disability to her right arm and a 30- injured when her disabled son fell as whether there had been sufficient find- percent loss to her left. However, Judge she tried to help him exit the res- ings by the administrative board to Southwick wrote separately to argue taurant. come to its conclusion. that injured workers deserve more evi- Similarly, Judge Southwick has The Mississippi Supreme Court dentiary options to prove damages. He voted in favor of criminal defendants agreed with the Mississippi inter- would have instructed the court to con- on numerous occasions, often in dis- mediate appellate court that dismissal sider wage-earning capacity as well as sent. For example, in Jones v. State, a was an inappropriate remedy. That was functional or medical impairment. 5-to-5 decision, Judge Southwick dis- really the core of the case. But the In the case captioned Sherwin Wil- sented, arguing for reversing a convic- State supreme court said there ought liams v. Brown, Judge Southwick held tion because the indictment did not to be more facts stated by the adminis- a 45-year-old carpet layer was perma- provide the defendant with sufficient trative board in coming to that conclu- nently and totally industrially disabled clarity to know with certainty what sion, which was a highly technical due to an onsite injury and that the crime was being charged. modification as to what the appellate carpet layer made reasonable efforts to In Parker v. State, Judge Southwick court had said. obtain other employment. Judge dissented, arguing that a murder con- The Senator from Illinois further Southwick concluded he was entitled viction should be reversed because the made a very brief reference, a one-sen- to permanent total disability benefits. trial judge failed to give a proper jury tence reference, in his speech, to a cus- In a case captioned United Methodist instruction. tody case in which ‘‘he voted to take Senior Services v. Ice, Judge South- In Mills v. State, a 6-to-3 decision, an 8-year-old girl away from her les- wick affirmed the award of workmen’s Judge Southwick dissented from the bian mother. I disagree with Judge compensation benefits to a woman who majority, affirming a drug conviction Southwick’s position in these cases.’’ hurt her back while working as a cer- on the grounds that the court should That is the only thing he had to say tified nursing assistant, despite her not have admitted a statement by the about the custody case which has been first employer’s claim that she exacer- defendant’s 4-year-old son, and the cited against Judge Southwick. bated the injury during her subsequent State failed to disclose a piece of evi- Here again, as in the case involving employment. In addition, Judge South- dence against the defendant that it had the racial slur, Judge Southwick did wick recognized that the evidentiary in its possession. not write the opinion. He concurred in standard the employer sought to im- In Harris v. State, a 5-to-4 decision, the opinion. I think fairly stated as a pose would have prevented many plain- Judge Southwick dissented from the legal matter, when someone writes the tiffs from receiving compensation for a majority opinion, affirming a drunk opinion, there is full responsibility for work injury. driving conviction on the grounds that everything in it. In a sense, one might In Kitchens v. Jerry Vowell Logging, the trial court erroneously allowed the say the same thing about someone who Judge Southwick reversed the Workers State to avoid proving all the elements concurs. That person could write a sep- Compensation Commission’s decision charged in the indictment. arate concurring opinion. But unless that a truck driver from a logging com- In Hughey v. State of Mississippi, there is something extraordinarily pany did not suffer a permanent loss of Judge Southwick affirmed the trial wrong, out of line, that is not a com- wage-earning capacity, and remanded court’s decision to disallow cross-ex- mon practice. the case for further consideration. amination as to the victim’s sexual

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00031 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.000 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20370 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 preference, recognizing that whether quirements for the clerkship that I lacked, permanent dismissal because of what the victim was homosexual was not rel- Judge Southwick gave me an opportunity. was said, everybody said no—that is, evant to the defense, and that such a Despite all the press to the contrary, Judge the administrative board, the inter- line of inquiry could produce undue Southwick is a fair man and this is one of mediate appellate court, and the State the qualities that makes him an excellent prejudice. choice for the Fifth Circuit Court of Appeals. Supreme Court—contrary to the bland This Hughey v. State of Mississippi assertion by the Senator from Illinois Mr. SESSIONS. Mr. President, will case, where Judge Southwick excluded that the intermediate appellate court a victim’s sexual preference, is a strong the Senator yield for a question? was reversed. The Supreme Court said Mr. SPECTER. No. But I will be glad indication—much stronger than the everybody is correct, there are not to respond to the Senator from Ala- one line in the argument by the Sen- grounds for permanent dismissal, but bama when I finish my speech. I will be ator from Illinois—concerning the we think the administrative board glad to respond to him at length. issue of a ‘‘homosexual lifestyle.’’ should have given more details as to The overall record—I have changed There are also testimonials, and I the reasons why it came to that con- will offer two. La’Verne Edney, a dis- my mind. I will yield for a question. The PRESIDING OFFICER. The Sen- clusion. tinguished African-American woman Mr. SESSIONS. Mr. President, I ator from Alabama. partner in a prominent Jackson, Mis- Mr. SPECTER. Maybe the Senator thank the Senator for his effort and sissippi, law firm, a member of the from Illinois will change his mind, too. the time it takes to be able to examine Magnolia Bar Association, the Mis- Mr. SESSIONS. Mr. President, for the complexities of this situation. Most sissippi Women Lawyers’ Association, the first time, on the question of Judge of us are too busy to do it. You do in- and a member of the Mississippi Task Southwick’s ruling, the Senator’s re- deed have a passion for the truth, and Force for Gender Fairness, has shared marks make clear to me that he was you have done well in getting there, her compelling story of Judge South- required as a judge, as I understand it, and I thank you for sharing those wick, who gave her an opportunity to not reverse the administrative pan- thoughts with us. Mr. SPECTER. Well, I thank the Sen- when few would. This is what she said, el’s opinion unless it was arbitrary and ator from Alabama for complimenting and I quote: capricious, I believe is what the Sen- me for my passion for truth. It so hap- When I finished law school . . . I believed ator said. pens that is the title of the book I that my chances for landing a clerkship were It seems to me that sometimes we slim because there was only one African- wrote—Harper Collins, available on- make a mistake, and I was going to ask American Court of Appeals judge on the line. bench at the time and there were very few the Senator a question, as one of the Back to the case, though, Mr. Presi- Caucasian judges during the history of the most able lawyers here in this body for dent, and I will be brief here. I would Mississippi Supreme Court or the Court of sure, about whether he thinks some- point to Judge Southwick’s overall Appeals . . . who had ever hired African- times we ascribe to the judge who has record. It is an excellent record: cum American law clerks.... While Judge to rule on a case following the law, laude from Rice, J.D. from the Univer- Southwick had many applicants to choose that somehow we would suggest he from, he saw that I was qualified for the po- sity of Texas Law School, clerk for the may have approved this racial slur Court of Appeals for the Fifth Circuit, sition and granted me the opportunity. even though he may have ruled in a Ms. Edney further observed: an adjunct professor in the Mississippi way different from that? College of Law, unanimously well It did not matter the parties’ affiliation, In other words, does the Senator color or stature—what mattered was what qualified by the American Bar Associa- think we ought to be careful in this tion. the law said and Judge Southwick worked body not to unfairly suggest that the very hard to apply it fairly. Judge South- And then an extraordinary thing. wick valued my opinions and included me in judge approved this racial slur, which I When he was in his fifties, he volun- all of the discussions of issues presented for know he did not, as a result of that rul- teered to go to Iraq in the Judge Advo- discussion. Having worked closely with ing? cate General’s Corps, and was in areas Judge Southwick, I have no doubt he is fair, Mr. SPECTER. Mr. President, the with very heavy fighting. He inter- impartial, and has all of the other qualities question posed by the distinguished rupted a 12-year service on the Mis- necessary to be an excellent addition to the Senator from Alabama is illustrative sissippi appellate court to do that. United States Court of Appeals for the Fifth of the unfairness of citing that case Circuit. That is an extraordinary act, really ex- against Judge Southwick, because he traordinary, for somebody in his posi- Now, contrast what Ms. Edney said, a did not sanction the slur which was ut- tion to do. prominent lawyer engaged in all of the tered. I sat down with Judge Southwick at advocacy groups—gender fairness, In fact, the administrative review some length to talk to him, and he is women trial lawyers, Magnolia Bar— board did not sanction the slur. The ad- an enormously impressive man. He is compare that to the opinion of Judge ministrative review board had only the very mild mannered. He has been on Southwick in one case, where he joined question to decide as to whether that the court, as I say, for 12 years. He has in a concurring opinion, where there was grounds for permanent dismissal. participated in 6,000 cases, he has writ- was a racial slur immediately apolo- That is the only question they had to ten 985 opinions, and all they can ex- gized for, with what this woman, who decide. And then when the case came tract out of this record is one case was his law clerk, found in a very de- before the Mississippi intermediate ap- which, as the colloquy with the Sen- tailed relationship showing fairness pellate Court, as the Senator from Ala- ator from Alabama points out, doesn’t and justice. bama has noted, that court had only to establish a peppercorn. That is a legal Patrick E. Beasley, a practicing at- decide whether the ruling by the ad- expression for being practically torney in Jackson, Mississippi, who ministrative review board was arbi- weightless in terms of what their ob- also happens to be African-American, trary and capricious, which means that jections are. endorsed Judge Southwick for, among there was insufficient evidence to sus- The Senator from Illinois then went other qualities, his fairness to minori- tain it. through the history of the last two ties. This is what Mr. Beasley had to So Judge Southwick is removed by nominees who were shot down. I have a say: two major barriers from any conceiv- reputation and a record to back it up, I speak from personal experience that Les- able approval of a racial slur: first, on to have supported President Clinton’s lie Southwick is a good man who has been the fact that the administrative board nominees, crossing party lines, when kind to me for no ulterior reason. I am not said it was bad, Judge Southwick said they were qualified. from an affluent family and have no political The Senator from Illinois makes it a ties. While I graduated in the top third of my it was bad; and, in addition, there was law school class, there were many individ- sufficient evidence for the administra- point—not that it has anything to do uals in my class with higher grade point tive board to find what it did. with this case—that the Republicans averages and with family ‘‘pedigrees’’ to Now, on the critical question as to didn’t give 70 of President Clinton’s match. Yet, despite all of the typical re- whether there were any grounds for nominees a hearing.

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00032 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.000 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20371 That was wrong. That was wrong. I will describe REAL ID in a moment, ment. That is the spirit I wish to talk But what we are doing here is we are but fundamentally what the amend- about today. visiting on Judge Southwick somebody ment proposes is to offer $300 million in The REAL ID Act began in a good else’s sins. If I thought he was not funding to the States to implement way. The 9/11 Commission rec- qualified, I wouldn’t be taking the lead REAL ID. The offset would be a 0.8-per- ommended, in some fairly vague lan- that I am in this case. cent across-the-board cut in the rest of guage, that we needed to improve our When we go through these issues, it the bill. The total bill is $37 billion, identification documents in the United is reminiscent of the very contentious more or less. I know that offset is not States. The Commission found that: controversy which was raised on this one the chairman and ranking member [a]ll but one of the 9/11 hijackers acquired floor in 2005 when the Democrats were of the committee are likely to approve some form of U.S. identification document, filibustering judges in retaliation for of, but during our committee discus- some by fraud. Acquisition of these docu- what had happened during the Clinton sions I offered other offsets which ments would have assisted them in boarding years and the Republicans were threat- weren’t approved of, and I feel strongly commercial flights, renting cars, and other ening the so-called constitutional or that if the Congress requires the States necessary activities. nuclear option. We ought not go back to adopt REAL ID or something simi- So said the 9/11 Commission. The to those days. lar to REAL ID, then the Congress Commission added that the Federal When you have a man with the ought to pay for it—hence the $300 mil- Government should: record of Judge Leslie Southwick, he is lion amendment. . . . set standards for the issuance of . . . being picked on. With the extensive Someone once said about me last sources of identification, such as drivers’ li- record he has, to cite one case and to year—and I haven’t been here very censes. Fraud in identification documents is talk about perception—I repeat, when long, this is my fifth year as a Senator, no longer just a problem of theft. the Senator from Illinois says that per- but I have been around a while—they The Congress began to implement the ception is determinative, I say that said the problem with LAMAR is he recommendations of the 9/11 Commis- this body ought to vote on the facts. hasn’t gotten over being Governor, sion soon thereafter, and in December I am pleased to see that a number of which I was privileged to be in my of 2004 the Senate passed the Intel- Democrats are interviewing Judge home State of Tennessee for several ligence Reform and Terrorism Preven- Southwick, and I believe they will find years. tion Act of 2004 which called for States him to be very impressive, as I did. I I hope when I get over being Gov- to create secure driver’s licenses and strongly urge my colleagues to look at ernor, the people of Tennessee send me ID cards under section 7212 of the bill. the facts very carefully. The Senate home because I think one of the con- It established a negotiated rule- should not function on perception. The tributions I can make is to remind the making process that included State Senate should not function on what Congress and remind the country that government officials, which was a di- somebody else concludes or believes. our country’s strengths begin with rect effort to deal with the problem I We ought not do that. We ought to strong communities and strong coun- discussed. Through that, standards look at the record and make the deci- ties and strong cities and strong States would be promulgated that would make sion in fairness to this man and in fair- and that the central government, ac- it more difficult to create and obtain ness to the entire process of confirma- cording to our traditions and our Con- fraudulent driver’s licenses. tion of Federal judges. stitution, is for the rest of the things The purpose of the negotiated rule- I yield the floor. that States, communities, cities and making process was so that as Con- The PRESIDING OFFICER. The Sen- counties can’t do. According to the gress said that our national needs ator from Tennessee is recognized. called for more secure documents, the Mr. ALEXANDER. I ask the manager 10th amendment and its spirit, if we re- State and local governments could say of the bill if it would be appropriate for quire it of the State and local govern- let us talk with you about the realities me to speak now on the amendment I ments from here, we should fund it at home, about what we use driver’s li- propose to offer. Seeing no objection, I from here. Nothing used to make me more angry censes for, about how many there are, will proceed. The PRESIDING OFFICER. The Sen- as a Governor than for some Senator or about what the cost would be of imple- ator is recognized to speak on the Congressman to pass a bill with a big- menting new standards, and about how amendment. sounding idea in Washington, DC, hold long it might take. In addition, we a press conference, take credit for it, might have some other ideas about a AMENDMENT NO. 2405 Mr. ALEXANDER. Mr. President, I and then send the bill to me to pay. different kind of secure document that will not ask unanimous consent that Then that same Senator or Congress- might be better than a driver’s license the pending amendment be set aside man more than likely would be back in for this purpose. And there are some because I understand from the bill’s Tennessee within the next few weeks privacy standards we are worried managers that at this point there making a big speech at the Lincoln about. would be an objection to that. Day or Jackson Day dinner about local In addition to that, the experience That disappoints me. I have an control. with national identification cards amendment I would like to offer. It is This is such an important issue that around the world hasn’t been all that an amendment we discussed in the full the 1994 elections turned on it, to a promising. In Nazi Germany it wasn’t a Appropriations Committee when it was great extent. I remember dozens of Re- good story. Those who remember the considered, and I hope I have the op- publican Congressmen and candidates more recent history of South Africa, portunity to offer the amendment at standing with Newt Gingrich on the when every citizen had a card to carry another time. Capitol steps, saying: around which would decree what their The amendment was filed earlier No more unfunded Federal mandates. If we race is and whether they were of mixed today. It is No. 2405. The amendment break our promise, send us home. blood, that sort of ‘‘Big Brother’’ atti- has as cosponsor Senator COLLINS. That may be one of the reasons the tude is of great concern in the land of I ask unanimous consent at this time Republican Congress got sent home liberty, the United States of America. that Senator VOINOVICH and Senator last year, because we hadn’t paid So the negotiated rulemaking process WARNER be added as cosponsors to enough attention to that promise. I was to take into account all of that. amendment No. 2405. can remember Senator Dole, when he Then came along the REAL ID Act of The PRESIDING OFFICER. Without was the majority leader in the Senate 2005 in the midst of all this careful con- objection, it is so ordered. in 1995. He was campaigning for Presi- sideration. It was attached to the Mr. ALEXANDER. Mr. President, dent, campaigning around the country emergency supplemental appropria- this amendment, the Alexander-Col- and I was often at the same events. He tions bill of 2005. In other words, it was lins-Voinovich-Warner amendment, has would hold up his copy of the Constitu- stuck in, by the House of Representa- to do with the law we call REAL ID. tion and talk about the 10th amend- tives, on the troop funding bill and it

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00033 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20372 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 was signed into law by the President in whether to raise college tuitions, raise rent backlog is 2.3 million passports. May. We had no choice but to pass it. property taxes, or cut services over Prior to the new regulations, turn- We had our men and women in Afghan- here—worry how do we pay for this new around time was 6 weeks on regular istan and Iraq. We had to pay the bills mandate? service and 2 weeks on expedited serv- for their service. This was just stuck in No wonder 17 States now have passed ice. At the worst part of this year, they there. We had to vote it up or down and legislation opposing the REAL ID Act, were running 12 to 14 weeks on regular REAL ID became law. The Senate including Tennessee, which became the service and 4 to 6 weeks on expedited didn’t hold any hearings. It was swept 16th State on June 11 of this year. service. This massive backlog de- through Congress. To get an idea of what REAL ID stroyed summer vacations, ruined wed- The REAL ID Act superseded that ne- would require, first, you have to prove ding and honeymoon plans, disrupted gotiated rulemaking process included the applicant’s identity, which would business meetings and educational in the Intelligence Reform bill, in take a passport, birth certificate, a trips, caused people to lose days of which the States and the Federal Gov- consular report—there are a number of work waiting in line, and caused people ernment were working back and forth other documents that could be used. to lose money for nonrefundable travel to set minimum standards for State Then you have to prove your date of and hotel deposits and reservations. driver’s licenses in an effort to deter birth. That might mean you have to My office has worked with the pass- terrorists. REAL ID established a de bring in two documents. Then you have port office over the last few months. I facto national ID card by setting Fed- to prove your Social Security number. would compliment them for the dedica- eral standards for State driver’s li- That might mean you have to go find tion of the employees and how they censes and making the States create your Social Security card. I wonder were trying to deal with this massive and issue them. how many people have their Social Se- surge, but we imposed upon them a One might say the States don’t have curity card today. You are up to three burden they simply could not handle. to do it. They don’t have to do it unless documents. You need the address of What do we say to the people of Ten- they want their citizens to be unable to your principal residence—you have to nessee: Show up at our 53 driver’s li- fly on airplanes or obtain other nec- prove that. Then you have to prove you cense offices with the correct docu- essary Federal services. It is a Hob- are lawfully here. That is not just for mentation; otherwise, you may wait son’s choice. So, in effect, the REAL ID someone who is becoming a citizen or for 2 hours, you get up to the window, law, with no hearings, no consideration someone coming here, this is for every and then they tell you’ve forgotten of whether there might be some other single person who drives a car or gets your Social Security card and you kind of card or set of different cards an ID; he or she has to prove they are must come back again. If they show up that would be more appropriate, be- lawfully here under REAL ID. In all over 1 month, this is going to make the came law. The States had to comply the States, that is 245 million people. passport application surge look like a with that and that meant 245 million In Tennessee last year, there were small problem. U.S. driver’s licenses or ID holders 1,711,000 new or renewed driver’s li- I believe we have a choice in Con- would have to get new identification. censes. I renewed mine by mail; 154,000 gress. I think insofar as REAL ID goes, The Department of Homeland Secu- renewed theirs online. There will be no we should either fund it or we should rity has not yet issued final regula- mail renewals, there will be no online repeal it. Fund it or repeal it. tions of this massive act, even though renewals in Tennessee or Maryland or It may be that we need to have a na- the States are supposed to be ready to Mississippi or Washington State. Ev- tional identification card. I have al- comply with these new standards and erybody will get to go to the driver’s li- ways been opposed to that, but we live measures by May 11 of next year, 2008. cense office. There are 53 of those in in a different era now. But I would Final regulations are expected to be re- Tennessee, and 1.7 million of us will much prefer to have seen the Senate leased in the early fall, and this will show up at those 53 offices, not just at debate this in the usual way and let us give States just months to reach the one time, not just in 1 week, but just in consider, for example, whether a secure May 2008 deadline. 1 month, scrambling around, trying to work card, such as the kind Senator It is true that, thanks to Senator figure out what documents we need to SCHUMER and Senator GRAHAM have COLLINS and others, and our willing- have. I can imagine there are going to proposed and Senator CORNYN and I ness to forgo an amendment earlier be phone calls coming into our offices have talked about, might not be a bet- this year, the Department of Homeland that make the phone calls on immigra- ter form of ID card. Security agreed to grant waivers to tion look like a Sunday school class. Most of our immigration problems, States to delay implementation. But, We need only look at the recent pass- for example, are related to work. still, under the present route, 245 mil- port backlog to imagine what might Maybe a secure identification card lion people in America will need to get happen with the REAL ID backlog. We would be better, a secure Social Secu- new ID cards by May of 2013. remember that the passport quagmire rity card would be better, or maybe, REAL ID is a massive unfunded man- in which we have been in the last few because of privacy concerns and our date on the States to begin with. Last months was triggered by a very well in- memory of Nazi Germany and our fall the National Governors Associa- tentioned policy change designed to memory of South Africa, we want to be tion and others released a study put- thwart terrorists. Specifically, new very careful about having anything ting the cost of REAL ID at $11 billion rules were implemented in January of that is actually called a national ID over 5 years. The Department of Home- 2007 requiring Americans to have pass- card or even a de facto ID card. So land Security itself said the cost may ports for travel between the United maybe we can work over a period of reach $20 billion over 10 years. To date, States and Canada, Mexico and most of years and help to create several cards: the Federal Government has appro- the islands of the Caribbean. This maybe a travel card that some can use priated $40 million for the States to caused a massive surge in passport ap- on airplanes or other forms of travel; comply with REAL ID, and only $6 mil- plications. There were 12 million pass- maybe a work card; maybe some States lion of the $40 million has actually ports issued in 2006. The State Depart- would want to use the driver’s license been given to the States. ment expects to issue 17 million this as that form of ID card. But the point Here we go again. After a lot of year—a 42-percent increase. Prior to would be that there would be three or promises from Washington, DC, on this the passport regulations, applications four choices which could be used for ID side of the aisle and on that side of the were increasing at a rate of 1 to 2 mil- which would be secure and would help aisle—we say no more unfunded man- lion a year. We are expecting an in- with the terrorism threat we face. dates, but we have a real big idea, we crease of 5 million applications from I regret very much that we did not announce it, take credit for it and send 2006 to 2007. have a chance to take this problem, the bill to the Governors and the legis- In March of this year, there was a this recommendation of the 9/11 Com- latures. We let them worry about backlog of 3 million passports. The cur- mission, properly through the Senate

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00034 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20373 and consider it. I was glad to see the partment of Homeland Security for that happened in this incident and, legislation that created the negotiated issues of fraud, waste, and abuse. within 15 days of enactment of this rulemaking process that at least in- We need to enlist the public’s help. In law, FEMA must report to Congress volved the States in what is going on. order for them to do that, they have to what action they have taken in re- We have an obligation in this body to know what is going on. It is my goal sponse to this issue. recognize the fact that if we are going eventually to make sure the IG Web When, finally, this all came to light to have something called REAL ID— site is on the home page of every Fed- in a very well run House hearing in and according to our own Department eral agency, and this is a good start in July of 2007, they promised swift ac- of Homeland Security, it is going to the Department of Homeland Security. tion. We need to know what is ‘‘swift cost $20 billion over 10 years—then we The other amendment I have is trou- action.’’ We have to have the indoor have a responsibility to appropriate bling. In fact, it is scary. After the hur- quality testing and the root cause de- that money or most of that money to ricanes in 2005, there were a number of termination. We must make available pay for it. Today, we are at $40 million. trailers that were distributed to the alternative safe housing, and we obvi- That is why Senator COLLINS and Sen- victims of Katrina and Rita. Less than ously have to make sure the Office of ator WARNER and Senator VOINOVICH a year later, there was a complaint re- General Counsel is held accountable for and I intend to offer this amendment garding the condition of these trailers, an attitude that is all about covering to the appropriations bill to provide and it related to the health of the peo- our risk instead of protecting Amer- $300 million in funding to the States to ple in the trailers. There was testing ican citizens. implement REAL ID. In the meantime, done, one test, by FEMA. It found dan- Senator OBAMA and Senator PRYOR I am going to work with other Sen- gerously toxic levels of formaldehyde. are working with me on this amend- ators to either reestablish the nego- What happened after those test results, ment. I anticipate it will have bipar- tiated rulemaking process or to repeal and test results also done by inde- tisan support and many other Senators REAL ID and let us move ahead with a pendent organizations? Nothing. Toxic will join us. different way of developing a secure levels of formaldehyde in trailers the There is a lot of talk around right identification card. Government provided to victims of a now about whether Congress is doing I yield the floor. hurricane. its job, whether we are asserting our- The PRESIDING OFFICER. The Sen- Here is the scary part. The scary part selves in terms of a branch of Govern- ator from Washington is recognized. is the General Counsel’s Office within ment that is supposed to provide over- Mrs. MURRAY. Mr. President, I sug- FEMA was advising the department: sight and accountability. I am confused gest the absence of a quorum. Let’s keep this quiet. We don’t want to as to why this did not reach the The PRESIDING OFFICER. The own this issue. public’s attention prior to January of clerk will call the roll. I am quoting now from things writ- this year. I am proud that it has now. The bill clerk proceeded to call the ten by the lawyers in FEMA. A man ac- I am proud that these kinds of hearings roll. tually died in a trailer. There was a are going on and that we are providing Mrs. MCCASKILL. Mr. President, I conference call. As a result of the call, the kind of oversight and account- ask unanimous consent that the order the General Counsel’s Office put out a ability of the executive branch that for the quorum call be rescinded. directive: We are in litigation on this protects the American people. The PRESIDING OFFICER (Mr. issue. We must be on every conference I urge my colleagues to support this SANDERS). Without objection, it is so call. Nothing should be done on this amendment so we can make sure our ordered. without going through us. We don’t job is to protect the people we serve Mrs. MCCASKILL. Mr. President, want to own this issue. and not to protect Government offi- while I am not offering any amend- All of these kinds of messages were cials. ments now on Homeland Security ap- sent throughout FEMA. Now we have a I yield the floor. Mrs. MURRAY. I suggest the absence propriations, I do wish to speak about problem; we have a safety issue for of a quorum. a couple of amendments I will be offer- American citizens living in trailers The PRESIDING OFFICER. The ing. that we have given them. clerk will call the roll. First, we all understand that the in- FEMA finally goes out and does some The bill clerk proceeded to call the spector generals are the eyes and ears testing. They open all the windows and roll. for not only the public and the execu- turn on the exhaust fans and then say: Mr. KYL. Mr. President, I ask unani- tive branch but also for Congress with- We don’t think the problem is that se- mous consent that the order for the in Federal agencies. rious. We better notify people. We want quorum call be rescinded. As part of a piece of broader legisla- to notify people, but don’t put our The PRESIDING OFFICER. Without tion I have previously filed, I wanted to phone number on it. Tell them there objection, it is so ordered. include in this bill the provisions that might be a problem. In other words, Mr. KYL. Mr. President, I want to would relate to the Department of let’s see if we can’t avoid being held re- talk about the pending amendment to Homeland Security. Keep in mind, the sponsible by giving out information. the bill. This amendment is called the Department of Homeland Security has But for gosh sakes don’t let them ask a Graham-Gregg-Kyl-Sessions, et al., been on the high-risk list as long as it question about what they do to get out amendment. I wanted to make a couple has been in existence. The high-risk of the trailer, how they get a new trail- of quick comments about it. list is put out, in terms of management er, how they can find out how the prob- Because the immigration bill failed issues, by the Government Account- lem is being addressed. on the floor of the Senate, a variety of ability Office. We can take two attitudes in Govern- States have begun to pass their own There are so many areas I could go ment. We can take the attitude that we laws to enforce certain elements of im- into of mismanagement and problems want to try to ‘‘CYA’’ and look good or migration policy, including deter- within FEMA and other parts of Home- we can take the attitude we are here to mining employment eligibility. My land Security, but suffice it to say that serve the public. Those people in FEMA State of Arizona is one of those States. my amendment is going to help the were using Federal tax dollars, and What I noticed that at least a couple public get access to the inspector gen- their goal was to help people in times of them have done, including Arizona, eral’s information. It would require of need and make sure they stayed is to require that employers check with that the Department of Homeland Se- safe. the Department of Homeland Security, curity put on the home page of their This Congress has a solemn obliga- and the basic pilot program we have es- Web site a direct link to the inspector tion to make sure we get to the bottom tablished as a pilot program, to deter- general’s report and, furthermore, pro- of this. My amendment will require the mine the validity of the Social Secu- vide information on the home page of inspector general to do an immediate rity status of the prospective em- how people can, in fact, turn in the De- and thorough report as to everything ployee. It may well be that as States

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00035 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20374 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 fill the gap created because the Federal Here is one specific example: Most make a difference in enforcing immi- Government has not adopted immigra- folks like to refer to securing the bor- gration policy, they are not going to tion reform legislation, especially deal- der, and the symbol of that is the hir- give us the green light to adopt a more ing with that subject, that the Depart- ing of more Border Patrol. That is fine; comprehensive immigration reform ment of Homeland Security and Social we need them. But we also know that bill. That is why I am supportive of Security will be increasingly called 40 percent of illegal immigrants in the this amendment as the next step to- upon to provide information to the United States didn’t cross the border ward solving the problem. I think we States. Because of that, they are prob- illegally. They came here on visas and want to solve it. I think this is a step ably going to need to be able to im- then overstayed their visas illegally. in that direction and I, therefore, urge prove their systems; not to change The question is, what can we do to en- my colleagues to support the legisla- what they do or create a Federal pro- force our visa policy, as well as what tion. gram but at least to be able to respond can we do to secure the border? Mr. COCHRAN. Mr. President, I sug- to those State inquiries. This bill focuses on that visa over- gest the absence of a quorum. My understanding from the Depart- stayer problem and provides funding The PRESIDING OFFICER. The ment of Homeland Security is that for the kind of particular investigators clerk will call the roll. they have the capacity to deal with ad- and agents for Immigration and Cus- The legislative clerk proceeded to ditional inquiries now, but they wish toms Enforcement that would ordi- call the roll. to improve their capabilities and make narily be looking at that problem. In Mr. SESSIONS. Mr. President, I ask sure the accuracy level is high of the addition, it explores ways in which the unanimous consent that the order for information passed back to the States entry-exit system can be implemented the quorum call be rescinded. and to the employers requesting infor- and we can understand who has over- The PRESIDING OFFICER. Without mation, and perhaps even to expand stayed their visas so that can be en- objection, it is so ordered. what it is they can provide by way of forced. Mr. SESSIONS. Mr. President, I filed verification of the validity of the So- There is much else in this amend- earlier a number of amendments. I cial Security numbers. So as this proc- ment that is good policy and that want to talk about some of those and ess unfolds, we are going to have to backs up that policy by the expendi- why I think that they are important. I make sure all of our Government agen- ture of funds. The $3 billion figure in am pleased to say many of them have cies—primarily the Department of here is, very roughly, an approxima- been included, all or in part, in the Homeland Security—have what they tion of what the immigration bill that Graham-Gregg-Kyl-McConnell amend- need to respond to these requests. we debated provided for, minus the im- ment that I have cosponsored. I think, To that end, one of the elements of plementation of a couple of programs, in effect, it represents a positive step the amendment that has been offered the biggest one of which was the em- to creating a lawful system of immi- here authorizes the expenditure of ployee verification system. That sys- gration, which I believe we owe to the funds for the specific purpose of im- tem obviously failed along with the American people. They expect that. proving the reliability of the basic What good is it for us to pass new pilot program and associated programs rest of the immigration bill. That was ideas, new laws, and new provisions of the Federal Government that would a pretty expensive item. You will recall that we had manda- concerning immigration if they will respond to State inquiries. Obviously, tory spending of $4.4 billion—money not be enforced any better than those my preference is that the Federal Gov- that would have been collected from we have had before? That is the real ernment undertake that ourselves. Our fines and fees. The $3 billion here rep- rub, the real problem we have. That responsibility is to form the immigra- resents the bulk of what that money was my fundamental concern and ob- tion laws and secure the border. Having jection to the comprehensive bill that failed to pass legislation, they can help would have been spent on, minus the our citizens around the country by employee verification system and a few failed to pass a few weeks ago. It would having the most robust database pos- other odds and ends. not have done the job, it would not That is the explanation for the par- sible that is easy to access and, there- have been effective, and it did not ac- ticular amount of funding in the bill. I fore, States and employers throughout complish what we need to accomplish. hope our colleagues will think care- the States can take advantage of. I want to share some ideas about the The only other thing is that I support fully about this amendment. Its pur- amendments that I have offered and this amendment because it includes pose is good. I think its execution is why they are important. I believe Sen- many of the features that were part of good. It is on the right bill. What it ator KYL said that we have broad bi- the immigration bill that almost ev- does that is a bit troublesome to some partisan support for this. There was erybody agreed with. What you heard Members is provide some authoriza- some belief that if enforcement amend- in the debate was that we all agree we tion, though that is not the primary ments are passed, then some people need to secure the border, enforce the element; it would not be the first time would never confront the other aspects laws, return to the rule of law, but— we provided authorization on an appro- of immigration that others believe there was always a ‘‘but’’ and different priations bill, but I can see there is need to be confronted. I think the people had different reasons they didn’t some of that in here. The other aspect truth is that people tried to hold hos- want to support the bill. But the bot- is the emergency funding nature. One tage enforcement in order to gain sup- tom line was that almost everybody way or another, we are going to have to port for a new idea of immigration, and here supported the essential enforce- get the funding to do the things the an amnesty, or a legalization process ment features. American people have insisted on. I that the American people didn’t agree The Department of Homeland Secu- have no objection to doing this as to. It didn’t work. So let me share a rity appropriation bill, therefore, is the emergency funding. If we can fund $100 few thoughts that I think are impor- appropriate place to include funding billion for the Iraq war, for example, I tant with regard to having a good legal for the execution of the laws that cur- think we can fund $3 billion to secure system for our borders. rently exist and, almost without excep- our own border. If the loss of the immi- First, we have to have more barriers, tion, this amendment does not add new gration bill a month ago taught me more fencing. The funding for the fenc- authority or programs for enforcement anything, it was that the American ing that we asked for—the 700 miles of but rather identifies areas in which en- people are very skeptical that we are fencing—would be included in the forcing existing law would be enhanced committed to enforcing the law. I be- amendment that has been proposed, of- through greater capability achieved lieve until we demonstrate to them a fered, and called up. That is a good step through the expenditure of funds that seriousness of purpose by actions rath- in the right direction. I will offer sepa- could, among other things, hire more er than words, by the appropriation of rately an amendment asking the personnel or in other ways make the money and by the expenditure of that GAO—our Government Accountability system more robust. money on things that they can see Office—to analyze the cost. The cost

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00036 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20375 factor that I have heard is about $3.2 We need to know how much money has seek out these agreements and partici- million per mile for the fence. That ex- been spent thus far—there is a lot of pate in them. The Federal Government ceeds my best judgment of how much confusion out there—how much fencing needs to welcome State and local law that I think it ought to cost to build a is now in place after all the money we enforcement’s assistance at every op- fence based on my experience of build- have spent, how much it is costing and portunity, not discourage it. ing a fence in the country in the past. will cost the American taxpayers in Alabama was the second State, I am Fences usually do not cost millions of the future, and whether there are bet- pleased to say, in the Nation to sign dollars but, this fence on the border is ter techniques and procedures by which such an agreement. We have trained 3 going to cost a lot of money. Yes, we we can build more fencing for less cost classes of approximately 20 State need a lot of fencing on the border, and faster without significantly sacrificing troopers each for a total of 60 State maybe double and triple fencing in quality. That is what that study would troopers who are now ‘‘cross-des- some areas. We need high-tech cam- include. The Government Account- ignated’’ to work with the immigration eras, and that will run the cost up. But ability Office regularly evaluates those agency, ICE. Each class cost the State sometimes you get the impression that kinds of issues, and I believe they will of Alabama about $40,000. The State of the people who don’t believe in fencing give us a valuable report that will help Alabama had to pay to train their offi- are running the cost up so high that us in the future. cers in this fashion so they could par- maybe the American people will A second amendment calls for full ticipate with the Federal Government. change their mind about the fence. We funding of the fencing. They have spent about $120,000 to date know the fence at San Diego was a The Secure Fence Act of 2006 that I to help the Federal Government en- great success. People on both sides of offered, which was signed into law, re- force Federal immigration laws. I the border appreciate it. What was a quires 700 miles of fencing. This think we can do better. We should en- rundown, crime-prone area on both amendment which I offered would fully courage State law enforcement offi- sides of the border in San Diego is now fund the 700 linear miles of southern cers, and we should help fund this part- making economic progress, and illegal border fencing required by providing nership program. I have no doubt in my immigration and crime in that sector $1.548 billion to be used for the con- mind that is the right way. is way down. Putting up a strong fence struction of topographical mile 371 Then I have an amendment that af- firms State and local authority and ex- is the right thing for us to do and we through 700. That is what the law re- pands of the immigration violators must do it if we are serious about en- quires. files in the National Crime Information forcement. The Congressional Research Service I ask for commonsense purposes, tell and the Department of Homeland Secu- Center, that is not in the Gregg amend- me how we can have enough border rity have told us that 700 linear miles ment. My amendment would reaffirm agents to cover 1,700 miles for 24 hours in the act will actually require more the inherent authority of State and local law enforcement to assist the a day, 7 days a week? Are they just miles topographically; so the 700 linear Federal Government in the enforce- going to stand out there all day and all miles becomes close to 854 topo- graphical miles. So my amendment ment of immigration laws. night? We need barriers that will mul- Confusion among the circuit courts, will fund the remaining 484 topo- tiply the Border Patrol officer’s capa- particularly dicta in a Ninth Circuit graphical miles of fencing not cur- bility to respond in an effective way to decision that appears to be somewhat rently funded for construction by De- apprehend those who break into the contradictory to the Fifth and Tenth cember 31, 2009. country. Circuits, is involved. That has led to a Through a combination of these ef- I have drafted this amendment in two Department of Justice Office of Legal ways. One is to be paid for with an forts, we can get to the point where we Counsel opinion that questioned some across-the-board cut, and the other is go from an open border to a border that powers of State and local law enforce- designated as emergency spending. people understand to be closed, and, as ment. And then the Department of Jus- If we are able to adopt the amend- a result, we could see a reduction in tice withdrew that opinion. So there is ment offered earlier today by Senator the number of people who attempt to uncertainty—the Presiding Officer GRAHAM and others, perhaps that will come into our country illegally. knows how uncertain it can get involv- go a long way to solving the problems I am pleased that a good part of the ing the prosecution of cases in multiple I have raised, but, in fact, we could go State and local law enforcement provi- jurisdictions—about what the power of further and should go further. sions I have provided for will be in- local law enforcement is to participate My next set of amendments addresses cluded in the amendment. I am pleased in helping to enforce immigration State and local law enforcement’s abil- that a good part of the National Guard laws. provisions I have offered, including ity to assist Federal law enforcement. The issue is very real. Just today in continuing Operation Jump Start, will My amendment allows for some of the the Washington Times, there is an arti- be included, and the criminal alien pro- grant moneys appropriated by the bill cle about it. The article is entitled visions dealing with removing those to go for State and local training exer- ‘‘Virginia eyes plan to deport illegals. aliens who have been convicted of cises, technical assistance, and other Panel suggests a statewide policy.’’ It crimes are deported. programs under the law. This would be is being discussed all over the country. I am pleased that we are moving to- a pot of up to $294 million to be used to They say in that article: wards ensuring that illegal entrants reimburse State and local expenses re- Other areas, such as the role of local and will be prosecuted when they come into lated to the implementation of the INA State police officers in enforcing immigra- the country illegally. This can be done section 287(G) agreements. tion law, are more ambiguous. It is not clear by expanding the Del Rio, TX, zero-tol- Under the Immigration and Nation- what the State’s role is in enforcing immi- erance policy to other areas of our bor- ality Act, State and local governments gration law, Mr. Cleator said. der so that illegal aliens who come can sign memorandums of under- He is senior staff lawyer for the Vir- across the border are not just met and standing—they are referred to as MOUs ginia State Crime Commission. He said greeted, given free meals, and taken in the Government. When two foreign it is not clear what the State role is, back home, but actually are convicted nations do it, they call them treaties. and there is some ambiguity, less than of the crime that they committed when It is about as complex. MOUs are im- most people understand, but there is a they came across the border illegally. portant—with the Department of perception of ambiguity, and there is We have seen good results from that Homeland Security to have their law some ambiguity. That is why my program. And there are some other enforcement officers trained to work amendment is needed and important. provisions that are important. with DHS and to enforce immigration My amendment will place additional I have filed three amendments deal- law. That is how State and local people information in the National Crime In- ing with the fence. The first deals with work together. My amendment encour- formation Center’s immigration viola- a GAO study of the cost of the fencing. ages State and local governments to tors file so that critical information on

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00037 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20376 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 final orders of removal, revocation of If we take all these actions and keep through the paperwork, and the admin- visas, and expired voluntary departure the National Guard at the border, we istrative removal process can be com- agreements can be readily available to can help reach that tipping point that pleted while they are in jail. This al- State and local law enforcement offi- I referred to earlier. lows the criminal alien to be put di- cers. They need that information so In addition, my amendment will rectly into the Department of Home- they can make the right decisions allow the National Guard members to land Security’s custody at the end of when they apprehend somebody going have a greater role in stopping illegal their prison term, so that they can be about their normal business on matters aliens along the border. National quickly deported. such as speeding and the like. Guard members should be permitted to My amendment expands the criminal The National Crime Information Cen- aid in the apprehension of illegal aliens alien program by directing that the ter is the bread-and-butter database of crossing the border, at least until a Secretary of DHS implement a pilot local law enforcement, and they need Border Patrol agent comes on the project to evaluate technology to auto- this information properly inputted into scene. Today, they are only permitted matically identify incarcerated illegal that computer center because the to use nondeadly force for self-defense aliens before they are released. Man- State law officers will be the ones rou- or the defense of others. So they can- power alone won’t get this job done. tinely coming into contact with unlaw- not apprehend illegal aliens that they But if we start correctly with tech- ful and deported aliens during the see crossing the border because they nology, we can make great progress. It course of their normal duties, such as a cannot use force unless it is to defend can be a big improvement in our cur- DUI charge. They want to know some- themselves or others. The rules of en- rent system. thing about them, and the information gagement prevent them from effec- In addition, my amendment ensures is not being readily placed in that com- tively apprehending illegal aliens. My that when a criminal alien commits a puter. amendment will allow those brave and crime, then the original conviction and Everybody knows that virtually effective National Guard members to sentencing will stand when DHS has every law enforcement officer in Amer- apprehend illegal border crossers until determined whether the alien is deport- ica who stops somebody for an of- the Border Patrol officer can come to able based on their crimes. This en- fense—such as DUI, theft, burglary, their location. sures that the trial judge’s decision to robbery—runs the suspect’s name in Another big deal is that we want to change the sentence or the judgment of the National Crime Information Cen- make sure criminal aliens are de- conviction won’t be able to undermine ter, and this is done to determine ported. In effect, this language in the the immigration impact of the original whether there are pending charges amendment I will offer and filed is in- judgment. Madam President, we have a real against the suspect, whether the sus- cluded in the Gregg amendment. It problem. We have a situation in which pect had been convicted of other deals with this problem. The American 27 percent of the persons in the Federal crimes or if other charges will require people understand the need to deport and State penitentiaries are foreign that the suspect be held in addition to aliens, legal and illegal, who have com- born—this is an amazing number to the charge for the original stop. This is mitted crimes in the United States, me—and they are there for crimes done every day through tens of thou- crimes that make them deportable. We other than immigration—for drugs, sands of inquiries to NCIC. I have dis- have laws that say that if you are here fraud, sexual abuse, violent crimes. covered that they are not putting a in a nonpermanent status and you Large numbers of them—the majority sufficient amount of the immigration commit a crime, then you are to be de- of them—are persons who are not citi- violation information in NCIC. We ported; nonpermanent status means zens. They have been involved in have to do that if we want that a law- that you do not have legal permanent crimes of a serious nature, and they ful system of immigration to work. If status or citizenship in America. And should be deported when they complete someone doesn’t want lawful immigra- one of the conditions of that admission serving their sentence for those crimes. tion to work then they will not put is that you don’t commit crimes. That That is what is not occurring. that immigration violators’ informa- is not too much to ask. That is our In fact, we have at this moment, we tion in NCIC. standard. Most countries have a simi- believe, some 600,000 absconders. These Another issue I have raised is Oper- lar standard. are people who have been apprehended ation Jump Start. This deals with Na- And criminal aliens should be de- and ordered deported, who are told to tional Guard funding through the end ported, as a matter of policy, at the report for deportation, or similar or- of the year 2008 and improvement in end of their State or local criminal ders, and have just simply absconded the rules of engagement. There is fund- sentences. They should not be allowed into the country and never shown up. ing in the Gregg amendment for this to slip through the cracks and be re- That is a huge number of illegal aliens matter, but it did not include rules of leased back into society. That is not that we could eliminate, or reduce, if engagement language. what our laws call for, but it is hap- we could handle this process of taking My amendment, and a similar pening every day. care of their deportation as soon as amendment filed by Senator KYL for Additionally, State court judges they have finished their criminal time another bill, provides the funding, should not be allowed to vacate convic- in jail. which is $400 million, needed to keep tions or to remit sentences for the pur- Currently, the Department of Home- the current National Guard presence of pose of allowing the alien to escape the land Security and the Department of 6,000 guardsmen on the southern border immigration consequences of their Justice have implemented a zero toler- through the end of 2008. The adminis- crimes. Those events that criminal ance policy at the Del Rio sector of the tration’s plan is to reduce those forces aliens are not being deported and that border. This policy makes sure that by half—down to 3,000—by September some criminal aliens are avoiding the every illegal alien is prosecuted for 2007. So by next summer, they want to immigration consequences of their their illegal entry into the United have those numbers in half. The Na- crimes are of great concern to the States. It is a misdemeanor for the tional Guard is working to deter illegal American people and Border Patrol first offense. It is a criminal offense, border crossings. They are big making agents who are out there working their but it is a misdemeanor for the first of- a difference there. They are also help- hearts out. fense of coming into our country ille- ing us create the impression that our So my amendment will double the gally. This policy has decreased illegal border is no longer open, that it is funding—$300 million—that DHS has entry into the Del Rio sector by 58 per- closed and it is not a good thing for for the institutional removal program, cent. someone to try to come across it ille- a program that allows DHS to identify Now, when you consider that last gally. Removing the National Guard criminal aliens while they are in jail year we arrested 1 million people at- members when they have been so suc- serving State and local sentences. Once tempting to enter our country ille- cessful would be premature. they have been identified, they go gally, you get an understanding of

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00038 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20377 what a 58-percent reduction in illegal promised that the sponsors would pay The assistant legislative clerk pro- entries means when that kind of policy back the money for any benefits that ceeded to call the roll. is enacted. Though there are nine bor- the immigrants received. Mr. KENNEDY. Madam President, I der sectors, Del Rio is the only one So those are some of the amendments ask unanimous consent the order for that has such a policy. My amendment I offered. There is much that we can do the quorum call be rescinded. would expand the success of the Del to make our system of immigration at The PRESIDING OFFICER. Without Rio project to the two border sectors the border more effective. I would just objection, it is so ordered. with the highest crossing rates—Tuc- cite that it is a matter of national se- son, AZ, and San Diego, CA. curity. We absolutely know that we Mr. KENNEDY. Madam President, My amendment also requires that have many people who simply want to before the Senate, I understand, is a until a zero tolerance policy is fully in come to America to work and don’t Graham amendment dealing with bor- place, the Department of Homeland Se- want to cause any attack on the United der security. Then there is a second-de- curity must refer all illegal entries States, and they are good people. They gree amendment that has been offered along the Tucson-San Diego sector to simply would like to make more on top of that which effectively is the respective U.S. Attorneys’ Offices money, which is available in the where we are at the present time. I for prosecution. The U.S. Attorneys’ United States, than if they stay in would like to make a few comments Offices must then provide a formal ac- their home country. But we also know about this whole issue that has been ceptance or declaration of that pros- that since we are not able to accept ev- brought up by Senator GRAHAM in ecution request, which would then eryone who would like to come to terms of the security aspects at the allow a record so that Congress can America, we have to have rules about border. know what all is happening—whether who can come and who cannot come Those of us who supported a com- additional resources are needed to fully and those we let come have to obey our prehensive program on immigration re- implement this highly effective policy laws. form supported strong border enforce- along the entire border. I think that is One of the first and toughest rules ment because we know there are 400,000 a good step in the right direction. should be that we don’t allow people to or 500,00 people who have come across Also, Madam President, we have the come here who are terrorists, or have the border, minimally, a year. We don’t question of affidavits of support and terrorist connections that could know their names. We don’t know their lack of use and my amendment threaten our country. where they go. They disappear into deals with that. Since 1997, most fam- Next, we need to ask ourselves how American society. There is no ques- ily-based and some employment-based many persons should come in legally, tion, on a matter dealing with home- immigrants have to have, and do have, and under what conditions, what kind land security, we have to be serious a sponsor that guarantees the immi- of skills and abilities and education about dealing with our borders. We un- grant will not become a public charge. level and language skills they should derstand that. In other words, they are admitted into have. That should be part of a good and That is why it is so interesting to the country, but only on the condition effective immigration policy. me, when I saw we had that oppor- that if they have financial needs, this I will just say, however, that any tunity 2 years ago, we had a great deal sponsor will take care of that, not the such rules are absolutely worthless if of fuss on the other side about building taxpayers of the United States. That is we have a wide open system where peo- a fence along the border and then, after a legitimate condition, I submit, to ple come across illegally on a regular they got their vote, the Republicans place on entrance into the United basis and they know they have a high never funded that particular program. States. probability for success to come here il- So the sponsor would enter into a legally. Indeed, we know they do be- When we had a chance a few weeks contract with the Federal Government, cause we have about 12 million people ago to do something on comprehensive promising to pay back any means-test- here illegally. border control, again the Republicans, ed public benefits the immigrant would So those are some steps I suggest we the other side, voted no; they voted it receive. There are some exceptions— can take that will improve our legal down. Now we have the proposal to try medical assistance, school lunch, Fed- system. I am pleased that a number of to, I guess, make them politically OK eral disaster relief. those will be included in the Gregg- among the voters. We know this issue To my knowledge, the Federal Gov- Graham amendment and will not re- of undocumented and illegal immigra- ernment has never gone after sponsors quire a separate vote. tion is a complex one, is a difficult one. to ensure they follow through on the I hope we will take this responsi- We know the primary reason people commitment they have made. My bility seriously. I see no reason we come across the border down in the amendment will require a study to be should not undertake the actions that I Southwest is because of the magnet of done by the Government Account- have suggested, which have bipartisan jobs in the United States. This amend- ability Office to determine the number support in the Congress. I hope they ment does nothing about the magnet of of immigrants with signed affidavits of will not become part of some grand jobs. We should not delude ourselves, if support that are receiving or have re- agreement that everything else that we we say we are going to support this ceived Federal, State, and local bene- can’t agree on has to be a part of it. In particular proposal and then not deal fits when those immigrants really are other words, these provisions, which I with what is the basic cause of the not eligible and should have turned to think would have broad bipartisan and hundreds of thousands of people who their sponsors for support. A GAO public support, these provisions should come here, and that is the magnet of study is needed to determine how much not be used as a vehicle to try to drag jobs. This amendment doesn’t deal revenue the Federal Government could on things that people don’t agree with the magnet of jobs. Maybe it has collect if they enforced these contracts with—certainly not at this time. a good political ring to it out there on and insisted that the individual who So I support these amendments. I am the hustings, that we are doing some- sponsored the person into the country glad we do have the Graham-Gregg- thing, but as we have seen time and actually pays what they are supposed McConnell-Kyl amendment on the time again, as long as we are not going to pay. floor, and I support that. And I would to deal with the magnet of jobs, the ef- We need to preserve means-tested ask these amendments be considered in forts we have on the border—we can public benefits for those who are truly due course. build the fences, people have ladders to needy. We don’t have enough money to Madam President, I yield the floor, go over them; or you can build fences take care of all the people in our coun- and I suggest the absence of a quorum. and people will burrow and go under- try and shouldn’t have to take care of The PRESIDING OFFICER (Mrs. neath them—as long as you have the people when they have a sponsor who MCCASKILL). The clerk will call the powerful magnet of jobs, the efforts promised to take care of them and roll. will fail.

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00039 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20378 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 We are going to have a vote on this great agribusiness in our country that bipartisan support. Let’s insist we are issue, although I, for one, believe hav- is going to demand workers. We have a going to include the DREAM Act, ing strong border security is a key as- way of responding to that, a way about which has strong bipartisan support as pect of having comprehensive reform. which Senator FEINSTEIN and Senator well. That is why a number of us are going LARRY CRAIG have spoken to this body, Let’s move on and accept that con- to support an alternative to the a familiar path that makes a great deal cept. That includes the basic thrust of Graham amendment, an alternative of sense. That will be part of the pro- the amendment of the Senator from that recognizes, No. 1, this is a complex posal. Then we say to some of the most South Carolina. Then let’s move ahead problem—we are for border security vulnerable individuals here, we recog- with the Homeland Security bill. and control, to the extent we can—but, nize the challenges you are facing. I know my friend from Connecticut No. 2, that we have a situation affect- The proposal we are going to offer is wishes to address the Senate. ing millions of Americans in agri- a downpayment on a day where we Mr. GREGG. Will the Senator yield culture and that is, if we are going to might be able to come to a more com- for a question? have border control we are going to prehensive approach, which will be Mr. KENNEDY. I will yield briefly, have to be able to provide agricultural clearly in the interests of the Nation without losing my right to the floor, workers. That is why I hope the Senate and in the interests of those who have yes. will consider an amendment which will come here and hopefully are looking Mr. GREGG. I understand the Sen- have the border control provisions but forward to being a part of the Amer- ator is essentially embracing the con- also have what is called the AgJOBS ican dream—pay their fines, pay their cept of moving forward independently provisions that will address what is the dues but be a part of the American with the DREAM Act, essentially; is need in agricultural America. dream. that the position of the Senator? Without it, as we have heard so elo- I also mention I was somewhat trou- Mr. KENNEDY. We would have an quently from Senator FEINSTEIN, as we bled by the provisions of the Graham amendment that would have border se- heard from Senator LARRY CRAIG, we amendment, which effectively will say, curity and AgJOBS and the DREAM are going to have devastation in major for those who have overstayed their Act together, put in together, so we parts of our country. visa—and we know that is about 46 per- will deal with border issues but also If you are going to have border secu- cent of all the undocumented. You recognize, if you are going to have a rity, you are going to have to have can’t deal with the problem of the un- strong border, if we are going to keep some way for these workers to get in. documented here in the United States out agricultural workers, that we have The AgJOBS bill is the bill that has and just close the border because al- a major agricultural industry here, and had over 60 Members of the Senate who most half of those who are undocu- we ought to accept AgJOBS which, I have been supporters of that program. mented here come from overstays. So think at last count, has 66 cosponsors, That seems to me to begin to make a let’s not confuse the American people Republicans and Democrats. Also, we good deal of sense. and beat our chests and say we have have an emergency with that par- Recognize, in dealing with this whole taken a strong security position by ticular proposal. Also, look at those issue in a comprehensive way, the most dealing with the border and not dealing who are the most vulnerable people in vulnerable people inside our borders, with the undocumented. this country, and those are the chil- those individuals who are here and are We have 12.5 million undocumented dren who have been brought here undocumented in so many instances here. We simply do not have enough de- through no fault of their own, trying to are young people, brought here through tention centers in which to detain be a part of our system. Many of them no fault of their own because their par- them. are in the Armed Forces of our coun- ents brought them here when they We want to deal with the terrorists. try. It is called the DREAM Act. The were under 16 years of age, who are We want to deal with the drug smug- Senator from Illinois has been a prime here for more than 5 years, serving 2 glers. We want to deal with the hard- sponsor. years in the military, graduating from ened criminals. Rather than focusing We think, with that combination, the high schools of this country—it is our attention on those goals, we would that will be much more responsive to called the DREAM Act. divert precious resources to what? the real challenges we are facing, both I see my friend and the principal Jailing women and children, taking the from a security point of view and from spokesperson and sponsor of that, the overstays and putting them into deten- an economic point of view, an agricul- Senator from Illinois, Senator DURBIN, tion? We have an undocumented prob- tural point of view and from a humane on the floor. He speaks so well to this lem and what are we going to do? This point of view. issue. When we have the amendment is not the solution. This whole scenario Mr. GREGG. If I could simply make before the Senate, I will review some of sounds like another plan like we had in the point in the form of a rhetorical the great, important successes of many Iraq: Al-Qaida in Afghanistan was the question: I am not sure the DREAM young individuals who came here un- organization who attacked the United Act, as viable as it may be, has a great documented and have worked long and States and what did we do? We went deal to do with Homeland Security’s hard and have graduated from high into Iraq, wasting our resources. This job on the border. Of course the school, which is no mean feat when you amendment is focused on roundups and Lindsey Graham amendment, of which have more than a 50-percent dropout mass detention, rather than target the I was a sponsor, is focused at Homeland rate among the Hispanic community. real threats which are terrorism and Security’s responsibility on the border. The fact that these individuals are crimes. This amendment on the Home- But I appreciate the point of the Sen- here, want to be part of the American land Security Appropriations bill is not ator. I am not sure why he stopped dream, want to contribute to our Na- the answer. there. Why doesn’t he just reoffer the tion—the DREAM Act gives them the It seems to me an alternative ap- entire comprehensive immigration hope and opportunity for the future, proach makes a great deal of sense. bill? which so many who have come here as This is a modest program. It is a well- Mr. KENNEDY. This, I believe, is the immigrants and as children, who want thought-out program. It is a tried and downpayment. I remind my friend, and to be a part of the American dream, tested program. It is a program where then I will yield the floor: have felt. they have had hearings and the Senate Enforcement alone will not do the job of This will be a proposal I hope we will is familiar with it. Let’s do what is securing our borders. Enforcement at the have a chance to vote on. It will have necessary at the border. Let’s do what border will only be successful in the long term if it is coupled with a more sensible ap- the border security aspects included in is necessary to ensure that agriculture proach to the 10 to 12 million illegal aliens in the Graham proposal. It will recognize, and those workers who have worked in the country today and the many more who if you are going to try to close the bor- the fields are going to have the respect will attempt to migrate to the United States der, you are still going to have the and dignity they should have. That has for economic reasons.

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00040 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20379 This is from the Coalition for Immi- We found exactly that same problem communications. This is a high pri- gration Security. This is from a White existing years later in the response to ority for our first responder commu- House official charged with homeland Hurricane Katrina. In fact, we found nity, for those who are on the front security. This is a security issue, and that within the same parish of New Or- lines when disaster strikes. we believe it is important. leans, police and firefighters often had I yield to the Senator from Con- The final point I mention to my incompatible communications equip- necticut. friend from New Hampshire is a key as- ment. It should be evident if our first Mr. LIEBERMAN. Madam President, pect of the DREAM Act is to encourage responders cannot talk to one another I thank my friend from Maine for an these young people to serve in the mili- in the midst of an emergency, the re- excellent statement. tary. At a time when we have critical sponse is going to be greatly hampered, First, I thank the leadership of the needs in the military, the opportuni- and in some cases that means addi- Appropriations Committee, Senator ties for these young people to serve in tional loss of life. That is just unac- BYRD, Senator COCHRAN, Senator MUR- the military will give a very important ceptable. RAY, for working as hard and effec- boost to the Armed Forces of the coun- State and local governments recog- tively as they have to provide funds try, and that obviously is dealing with nize their problems with emergency that are critical to securing our home- the security of the Nation. communications, which is why the De- land. The PRESIDING OFFICER. The Sen- partment of Homeland Security re- In fact, the committee added two and ator from Connecticut. ceives more requests for funding to up- a quarter billion dollars for Homeland Mr. LIEBERMAN. Madam President, grade and purchase compatible emer- Security above the request of the I rise to discuss an amendment Senator gency communications equipment President’s budget. For that, they are COLLINS and I intend to introduce. I under the State Homeland Security to be thanked. That is exactly the gather the parliamentary situation is Grant Program and the Urban Areas right thing to do at a time when the such that there will not be a grant of Security Initiative than for any other threat of terrorism continues to be a unanimous consent to set aside the allowable use. clear and present danger for our Amer- pending amendment, so we did want to The experts tell us the only way we ican homeland. take this opportunity to discuss an are ever going to get a handle on this Senator COLLINS and I are offering amendment which would add $100 mil- problem is if we dedicate funding for this amendment because, as she said, lion to the Homeland Security appro- this purpose. The Homeland Security we believe the committee has not pro- priations bill for the purpose of funding bill that is about to emerge from con- vided anything for one of our Nation’s efforts at the State and local level to ference would establish a multiyear highest priorities, and thus an adjust- make communications between our law program to achieve that goal. But we ment is needed and I speak of inter- enforcement personnel interoperable— need to make a downpayment on that operability of communications systems they can talk to each other. This is a program through this appropriations among law enforcement personnel, first pressing need for homeland security, bill. responders, the very fundamental ca- for disaster response. I know the leaders of the Appropria- pacity in an emergency to pick up I know my friend and colleague from tions Subcommittee on Homeland Se- whatever means of communication Maine cannot remain on the Senate curity have worked very hard, and they have and speak to the firefighters, floor for long. So I yield to her for there are many demands on the money police officers, and emergency respond- some comments about our amendment. that is available. But I would urge ers wherever they may be. Then I will retake the floor. them to take a look at our proposal. As Senator COLLINS indicated, just to The PRESIDING OFFICER. The Sen- Creating an interoperability emer- build some history, in the Senate budg- ator from Maine. gency communications network is a et resolution conference report earlier Ms. COLLINS. Madam President, complicated, expensive, and lengthy this year adopted by the Senate, we first, let me thank the committee process. It is the type of multiyear provided for $400 million to be spent chairman, Senator LIEBERMAN, for his project that requires States to know next year for this program in helping graciousness in yielding to me. how much money they will be getting States and localities to allow their I am pleased to be a cosponsor of each year for several years in order to first responders to talk to each other Senator LIEBERMAN’s amendment to come up with the kind of regional plan in a crisis. That is the budget resolu- add $100 million for an interoperability that is needed to address this problem. tion. It is a first step, but it was an im- communications grant program. Last Even the most effective preincident portant step. year, the Homeland Security Com- planning will prove ineffective if first Senator COLLINS also referred to the mittee spent 8 months investigating responders are unable to communicate conference committee on the 9/11 legis- the flawed response to Hurricane with each other effectively in real lation that passed both Houses of the Katrina. time, on demand, during an actual inci- Congress. We have been in conference It was very disappointing for the dent, and in the immediate aftermath. for some period of time. I am happy to committee to learn that the same I would point out that Senator say we concluded the conference suc- kinds of problems in the ability of LIEBERMAN and I also sponsored an cessfully within the last 24 hours, and a emergency first responders to commu- amendment when the budget was on report is now circulating among the nicate with one another that were evi- the Senate floor, which was adopted members of the committee to have dent in the response on 9/11 still existed just 4 short months ago, that provided them sign it. I gather that a majority that many years later and hampered $400 million for this critical purpose. of members of the House committee the response to the victims of Hurri- Yet, unfortunately, the appropriations have already signed, and Senators, in cane Katrina. bill before us contains no funding for their wisdom, are taking a little longer When the 9/11 Commission reviewed interoperability communications to read the report. But I am confident all that went up to the attacks on our grants. that before the end of the day we will country on 9/11 and evaluated the re- Now, we recognize the competing de- have a majority there, too, as well. sponse, it identified the tragic truth mands, and that is why the Senator Well, the conference report on the that many firefighters, police officers, from Connecticut and I are proposing a 9/11 legislation, which is before us, to and other emergency responders lost modest program of only $100 million implement as yet unimplemented parts their lives on 9/11 because their com- rather than the $400 million that was of the 9/11 Commission Report, or those munications equipment was incompat- adopted during consideration of the parts that have been inadequately im- ible. The police could not talk to the budget resolution. plemented, and/or, frankly, ideas that firefighters, who could not, in turn, I urge my colleagues to join Senator the respective committees in the House talk to the emergency medical per- LIEBERMAN and me in supporting fund- and the Senate have had on our own sonnel. ing for interoperability emergency initiative to strengthen our homeland

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00041 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20380 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 security against the threat of ter- and in Shanksville, PA. Then, as Sen- sis so they can react swiftly, effi- rorism, which as I said earlier is clear ator COLLINS said, during Hurricane ciently, and effectively when the alarm and present, as the most recent reports Katrina, and the gulf coast, we saw a bell rings and duty calls them to re- on al-Qaida and its intention to strike problem of communications that went spond. us make painfully clear, and to create beyond interoperability; it was the fail- At the appropriate moment, when it the kind of apparatus that will protect ure to operate in that crisis. is possible to do so, Senator COLLINS the American people in the event of Phone lines, cell towers, and elec- and I will introduce an amendment to natural disasters because there is an trical systems were destroyed by the achieve the purposes I have stated. obvious overlap in what those capabili- storms, making it nearly impossible at I yield the floor. ties will do. times for many first responders and The PRESIDING OFFICER. The ma- So the 9/11 legislation conference re- government officials on the gulf coast jority leader. port will be before the Senate soon. It to talk to each other, to get the public Mr. REID. Madam President, before does authorize a new interoperability assistance, to rescue people in danger. the Senator from Connecticut leaves emergency communications grant pro- This massive failure was so bad that the floor, I appreciate his leadership on gram. It should, hopefully, provide ad- some emergency officials on the gulf the 9/11 Commission recommendations ditional and much needed resources to coast were forced to resort to runners conference report and the bill gen- help the Nation’s first responders. to communicate with their first re- erally and, of course, the work he has Now, I used the word ‘‘hopefully’’ ad- sponders in the field. done on the other conference report, visedly because this new grant program Think of that. Here we are in the 21st the only two we have had to speak of, the 9/11 legislation creates will not help century, and this great American Na- on ethics and lobbying reform. He has our first responders unless we put some tion that has spawned a revolution in been essential to moving these things money into it. That is what this bill global communications technologies, along. We have approached these two and this amendment to this bill that where in a catastrophic crisis, our first measures on a very bipartisan basis Senator COLLINS and I are offering responders, whose duty it is to protect which is, I am confident, the reason we would do. It would provide $100 million us, had to resort to communications were able to get them to the floor. The for the program in fiscal year 2008. It is techniques that we thought we had left work of the Senator from Connecticut below the $400 million authorized in behind on the battlefields of the Civil has been exemplary. the budget resolution. But this $100 War, and that was to resort to runners. Mr. LIEBERMAN. I thank the major- million is a good start and an oppor- This amendment would provide the ity leader. tunity to essentially put our money $100 million for this emergency grant Mr. REID. I wish a number of things. where our promise was in the 9/11 legis- program created in the 9/11 bill. The One of the things I wish is that we lation. funding would come from a small, could legislate the way I remember the This actually is a very modest across-the-board cut in all other De- Senate legislating. There have been amount compared to the overall needs partment of Homeland Security pro- editorials written, there was a cartoon there are across the country. Yet it is grams. That is the only way we can this morning in the Washington Post, a good beginning. 9/11 taught us many think fairly to do it. It is real small, about all the many filibusters led by lessons about what we need to better about a quarter of 1 percent of the DHS Republicans. We came to our first ap- protect our homeland, and one clearly budget, to be exact 0.27 percent, a propriations bill. We have two individ- was improve the ability of our first re- small amount to shift into a program uals who are historic in their knowl- sponders to talk to one another. that is necessary to save lives when edge of the Senate, Senator BYRD and I know none of us will ever forget disaster strikes. Senator COCHRAN. I have lamented with 9/11/01, that day we watched live on tel- It is important to note that these my friend from Mississippi on a num- evision as the extraordinarily brave funds will be provided to States only ber of occasions how we would like to New York City police, firefighters, and after the Office of Emergency Commu- follow regular order. We try to do that other emergency personnel raced into nications in the Department of Home- as much as we can. the doomed buildings trying to save land Security has approved statewide There are a number of ways to kill lives, many of them not actually on interoperability communications plans legislation. One is to get on the floor duty but knowing a crisis had oc- so we are not just going to have city A and talk forever. That is the old-fash- curred, running to help their fellow or fire department B or ambulance ioned filibuster. The other way is to do citizens, to help their fellow first re- company C apply and get their own it by diversion, other ways. That is sponders. grants. You have to be part of a plan in what we have before us today. We have But as we watched, we could not see every State. here a bill dealing with Homeland Se- what was happening inside the building I note again the $400 million in dedi- curity. We all know border security is where another tragedy was occurring. cated funding for this program that important, and we know the under- Inside the World Trade Center build- was provided for in the Senate-passed lying bill is $2.3 billion more than the ings, the uncommon heroism of the and House-passed budget resolution President requested, most of that first responders was running into un- earlier this year in anticipation of this money going directly to border secu- necessary chaos. The incredible brav- new program. Perhaps because the 9/11 rity—3,000 new detention beds, 3,000 ery of those men and women was run- bill that has just been completed in new Border Patrol agents. It is a good ning into avoidable confusion, all of it conference was not finished when the bill. But my friends who want to not caused by their inability to talk to one Appropriations Committee met to have this bill have now done what another on the communications sys- adopt this Homeland Security appro- would seem almost impossible: They tems they had. priations bill, the committee did not want to relegislate immigration. We One fire chief told the 9/11 Commis- include any funding for interoper- have spent about a month on immigra- sion: ability communications. tion this year, about a month last year, People watching on TV that day certainly House appropriators did include $50 far more than any other issue. had more knowledge of what was happening million to start the program. Now the Now we have pending before us an 100 floors above us than we did in the lobby Senate must do its part. amendment, the Graham amendment, of that building. We owe it to our first responders, the that in effect relegislates immigration. The sad, tragic fact is we know that men and women whose duty it is to Of course, there is a piece in there for this failure of interoperability of com- protect us and all the people they pro- border security. We all support that. munications cost lives, too many lives. tect in cities and towns across the Na- But there are also pieces in that that There were other communications tion, to help them create the kinds of take away basic rights people have, breakdowns that day that hampered communications systems that will en- people who are American citizens. So it the response efforts at the Pentagon able them to talk to each other in cri- is unfortunate we are at this juncture.

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00042 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20381 I have no alternative, and I have The PRESIDING OFFICER. Is there years for us on a bipartisan basis to go thought of everything I could think of objection? back to where we were. to try to avoid this collision. It is my Mr. REID. When you finish, I won’t On appropriations bills, you will be understanding the Graham amendment need as much time as you. I will take able to put in an appropriations bill is pending; is that true? 21⁄2 minutes. anything you want. We will get back to The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without the days of appropriations bills just OBAMA). The Graham amendment is objection, it is so ordered. putting anything you want in them. pending. Mr. GREGG. So our colleagues under- One of the good things about the appro- Mr. REID. The Graham amendment stand the lay of the land, because it is priations process is you should not be is in violation of Senate rules. It is leg- a fairly complicated parliamentary sit- able to legislate on an appropriations islating on an appropriations bill. I uation, the Graham amendment, which bill. That is what this is all about. raise that as a point of order. increases funding for Border Patrol by I also say to my friend from New The PRESIDING OFFICER. The Sen- $3 billion, I would point out that the Hampshire and all those people who be- ator from New Hampshire. majority leader, I believe, misspoke lieve this is a way to vote on immigra- Mr. GREGG. Parliamentary inquiry when he said the extra $2.2 billion in tion, it is not. It will lower the stand- initially: Is the second-degree amend- this bill went to border security. The ards here in the Senate significantly. I ment the pending amendment or is the extra $2.2 billion in this bill, the major- would say, the funding aspect, none of Graham amendment pending? ity of it exceeds the President’s request us have any problem with that. We The PRESIDING OFFICER. Both in the area of first responders, and that agree. That is one of the things I said amendments are pending. is why we did not move that money out publicly, that I appreciated the Presi- Mr. GREGG. Is the majority leader’s of the first responders to fund this. dent when we had our immigration de- motion to both amendments? This is in addition to the funding in bate. He provided money that was The PRESIDING OFFICER. The this bill to fully fund 23,000 Border Pa- emergency, direct funding of $4.4 bil- point of order goes to the underlying trol agents, 45,000 detention beds, the lion for the border. I supported that. It first-degree amendment. virtual fence, the hard fence, and to allowed us to pick up more votes. It Mr. GREGG. It is a point of order make sure there are enough ICE en- was a very important thing. I ap- that this is legislating, this is the rule forcement officers. So it is a major ini- plauded the President for having done XVI point of order; is that correct? tiative in the funding area. that. I told the President after that Mr. REID. Yes. There is also authorizing language in legislation fell through how much I ap- Mr. GREGG. I raise the defense of here. It is the authorizing language preciated his leadership. germaneness with respect to the pend- which I guess the majority leader has But we need some leadership. This is ing amendment. the most concerns about. But that is going to lower the standards of the ap- The PRESIDING OFFICER. The the underlying bill. The question be- propriations process and the Senate. Chair is not aware of an arguably legis- fore the body is, as I understand it, the We accept the funding measure. We lative provision in the House bill, H.R. underlying bill, probably because the would agree right now. Do it by unani- 2638, to which amendment No. 2412, of- authorizing language may not be ger- mous consent. We agree to that. Then fered by the Senator from South Caro- mane. This will be a vote basically on let’s have the immigration debate lina, could conceivably be germane. the issue, in my opinion, of whether Mr. GREGG. So the amendment is some other time. We have spent 2 you want to increase funding for border germane? months on it already. Isn’t that The PRESIDING OFFICER. The security by $3 billion, fully funding enough? Chair does not believe that the defense what is necessary in order to make the Mr. President, I want all Senators to of germaneness is appropriately placed border secure, including undertaking know, Democrats and Republicans, if at this time. specific authorizing language which we the Chair is overturned, this will set a Mr. GREGG. Mr. President, I dis- think is important in order to give the precedent for all future appropriations agree with the ruling of the Chair and, Border Patrol and ICE agents the nec- bills, lowering, most likely elimi- therefore, I appeal the ruling of the essary tools they need in order to re- nating, the legislating on appropria- Chair. I ask for the yeas and nays. move people from this country who tions threshold. We should not go down The PRESIDING OFFICER. Is there a have come to this country illegally or that road. I want to pass some of these sufficient second? have done illegal acts while they are appropriations bills. We want to get Mr. GREGG. I suggest the absence of here. This is essentially a vote on the things done. Is this the picture we are a quorum. underlying amendment. going to have? The PRESIDING OFFICER. The The PRESIDING OFFICER. The ma- I will use leader time at this time. I clerk will call the roll. jority leader. came here this morning. I felt so good The assistant legislative clerk pro- Mr. REID. Mr. President, I have ex- because we passed by unanimous con- ceeded to call the roll. pressed my affection for my friend sent the Wounded Warrior legislation. Mr. REID. I ask unanimous consent from New Hampshire on many occa- The distinguished Republican leader that the order for the quorum call be sions. He is a wonderful Senator. I am said: Well, why don’t you add to that dispensed with. very aware of his great record of public the pay raise for the troops? I said: It The PRESIDING OFFICER. Without service—Congressman, Governor, Sen- is OK, we will do that. I walked out of objection, it is so ordered. ator. But the statement he made is here—if I had some muscles, Mr. Presi- Mr. REID. I know we are not in de- wrong. This is not a vote on immigra- dent, I would flex them because we bate, but I wanted to inform Senators, tion. This vote we are going to take really did well this morning. But the there has been an evacuation order today, if the Chair is overturned, will fact is, this afternoon we are back in issued on the Hart and Dirksen build- set a precedent for all future appropria- the bog trying to claw through legisla- ings. We are going to go ahead and tions bills, all of them, lowering, if not tion we should not have to. start the vote, but when the buildings eliminating, the legislation on appro- We have filed cloture 45 times this allow the Senators to come, we will priations threshold. So this will mean year. Why? For this bill we have now make sure they have an opportunity to any appropriations bill that comes on the Senate floor, Homeland Secu- vote. We are not going to cut anybody through here, you can put anything on rity appropriations, we had to file clo- off because they are locked in a build- it. Some of us will remember—I know ture on a motion to proceed to it. That ing someplace. Senator COCHRAN will remember—I is hard to comprehend, but we did. We The PRESIDING OFFICER. The Sen- raised a point of order against some- had to file cloture. ator from New Hampshire. thing that Senator Helms did, and it I do not want to file cloture on this Mr. GREGG. I would like 3 minutes was one of the biggest mistakes I made bill because the first thing that would to quickly point out where we are. because we overruled the Chair. It took happen is people would come and say: I

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00043 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20382 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 have not had a chance to vote on an NAYS—44 I yield the floor at this time and, amendment. Alexander DeMint Lugar again, express my appreciation for the So I don’t want to file cloture on this Allard Dole Martinez bipartisan vote that we had. Barrasso Domenici McConnell The PRESIDING OFFICER. The Re- bill. I want people to have the oppor- Bennett Ensign Murkowski tunity to offer amendments and vote Bond Enzi Roberts publican leader is recognized. on them. But let’s try to stay within Bunning Graham Sessions Mr. MCCONNELL. Mr. President, we the rules. This is legislating on an ap- Burr Grassley Shelby are on the verge of an important bipar- Chambliss Gregg Smith propriations bill. Coburn Hagel tisan accomplishment to actually seri- Snowe Coleman Hatch ously begin to secure the border. I If my friends on the other side of the Specter Collins Hutchison aisle want to overrule the Chair, that Sununu thank Senator GRAHAM for his amend- Corker Inhofe ment. I thank the majority leader for is really too bad and that will go into Cornyn Isakson Thune part of the writing where people will Craig Kyl Vitter his willingness to pass that portion of Warner talk about how this Republican minor- Crapo Lott it that clearly is directed at border se- ity—I understand our majority is pret- NOT VOTING—4 curity. I think once we have had an oppor- ty thin: 50 to 49. Come September, it Brownback Johnson will be 51 to 49. That is pretty close. So Clinton McCain tunity to actually read the amend- it is not an issue where we are bulling The PRESIDING OFFICER. The Sen- ment, which Senator GREGG and his our way over and through everybody. ate sustains the decision of the Chair. staff and Senator GRAHAM and his staff Every vote we take here is close. But Mrs. MURRAY. Mr. President, I are doing, we will have an opportunity this is not the way to go. move to reconsider the vote. to do something important for the country later tonight. This may make everybody happy, but Mr. REID. I move to lay that motion on the table. The PRESIDING OFFICER. The ma- then there will be no appropriations The motion to lay on the table was jority leader is recognized. bills. We will just do a big omnibus at agreed to. Mr. REID. Mr. President, I am not the end of the year and do away with Mr. REID. Mr. President, I appreciate sending this up in the form of an the appropriations process because now the vote turning out the way it did. amendment. I want this to be placed in it does not matter what bill we bring First of all, I want the record to clear- the RECORD to indicate what we would up—we can bring up the Veterans’ Ad- ly reflect that the author of this legis- like to have accepted by unanimous ministration, the VA, Military Con- lation, my friend from South Carolina, consent. If there is an agreement on struction appropriations bill, and with LINDSAY GRAHAM, offered it because he both sides, we will propose the amend- that, we can put anything in that we thought it was the right thing to do. ment together. This is not an amend- want that does not have anything to do He has very strong feelings about a lot ment, but I ask unanimous consent with the purview and the scope of that of issues and he expresses them. One of that it be printed in the RECORD. bill. That is what people are getting those he feels strongly about is the There being no objection, the mate- into here. It is a shame. issue of immigration. He offered this rial was ordered to be printed in the Mr. President, I ask the vote be amendment in good faith, and I want RECORD, as follows: started. everybody to know that is how I feel. (Purpose: To appropriate an additional The PRESIDING OFFICER. Is there a Procedurally, though, sometimes $3,000,000,000 to improve border security) sufficient second? here we get in the way of each other. In At the appropriate place, insert the fol- fact, that is what has happened. What I There appears to be a sufficient sec- lowing: would like to do is ask unanimous con- ond. TITLE BORDER SECURITY sent that the money portion—the por- ENHANCEMENTS The question is, Shall the decision of tion of the Graham amendment that For an additional amount for ‘‘U.S. Cus- the Chair stand as the judgment of the funds border security for all the things Senate? toms and Border Protection, Salaries and he and Senator GREGG laid out—that Expenses’’, $1,000,000,000, to hire, train, sup- The clerk will call the roll. we accept that by unanimous consent. port, and equip additional Border Patrol The assistant legislative clerk called My friend from New Hampshire agents and Customs and Border Protection the roll. wants to look at the legislation they Officers and for enforcement of laws relating Mr. DURBIN. I announce that the have. I am hopeful that sometime to- to border security, immigration, customs, night I can offer that in the form of a and agricultural inspections, and regulatory Senator from New York (Mrs. CLINTON) activities related to plant and animal im- and the Senator from South Dakota unanimous consent request. I wish to make sure everybody on both sides has ports. (Mr. JOHNSON) are necessarily absent. the opportunity to look at the legisla- For an additional amount for ‘‘U.S. Cus- toms and Border Protection, Border Security Mr. LOTT. The following Senators tion. In effect, I again state simply it are necessarily absent: the Senator Fencing, Infrastructure, and Technology,’’ would give more money for border se- $1,000,000,000, to remain available until ex- from Kansas (Mr. BROWNBACK) and the curity. I will not harp on this, other pended. Senator from Arizona (Mr. MCCAIN). than to say we in Nevada have a tre- For an additional amount for ‘‘U.S. Cus- The result was announced—yeas 52, mendous problem. We arrest illegals, toms and Border Protection, Air and Marine nays 44, as follows: and there is no place to put them. So Interdiction, Operations, Maintenance, and [Rollcall Vote No. 277 Leg.] they are let loose. This money would Procurement’’, $100,000,000, to remain avail- allow us to build more detention beds, able until expended. YEAS—52 hire more border security officers, and For an additional amount for ‘‘U.S. Cus- toms and Border Protection, Construction’’, Akaka Feinstein Nelson (NE) it will add the first part of the legisla- Baucus Harkin Obama $150,000,000, to remain available until ex- Bayh Inouye Pryor tion that is absolutely necessary—that pended, for construction related to addi- Biden Kennedy Reed we do something about immigration. tional Border Patrol personnel. Bingaman Kerry Reid We always talk about border security For an additional amount for ‘‘U.S. Immi- Boxer Klobuchar Rockefeller Brown Kohl wherever any of us go. But then there gration and Customs Enforcement, Salaries Salazar are other things that would not happen and Expenses’’, $700,000,000, to remain avail- Byrd Landrieu Sanders Cantwell Lautenberg able until expended, to hire additional Schumer today with this legislation. Cardin Leahy agents to enforce immigration and customs Stabenow Hopefully, within the next hour or Carper Levin laws, procure additional detention beds, Stevens so, when Senator GREGG has had a Casey Lieberman carry out detentions and removals, and con- Cochran Lincoln Tester chance to look at that—and I will clear Voinovich duct investigations. Conrad McCaskill it with Senator KENNEDY and others— Webb For an additional amount for ‘‘Federal Dodd Menendez we can, by unanimous consent, pass Dorgan Mikulski Whitehouse Law Enforcement Training Center, Salaries Durbin Murray Wyden that portion of the bill dealing with fi- and Expenses’’, $25,000,000, to remain avail- Feingold Nelson (FL) nancing border security. able until expended, to train newly hired

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00044 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20383 Border Patrol agents and other immigration to? They are taking their capital and cent. What is happening is farmers are and customs personnel funded in this amend- equipment and they are moving to renting land in Mexico. They don’t ment. Mexico and Argentina and Brazil and want us to know that. It is difficult to For an additional amount for ‘‘Federal Chile. America’s investment will move get these figures, but we got them, and Law Enforcement Training Center, Acquisi- tions, Construction, Improvement, and Re- south of the border. this is what is happening. Now, what lated Expenses’’, $25,000,000, to remain avail- Here we are now, 60 percent depend- will happen to the land in California, able until expended, to provide facilities to ent on foreign oil to fuel our cars. Are Idaho, Washington, and in other train the newly hired Border Patrol agents we going to become 60 or 70 percent de- places? It will lie fallow. Farmers will and other immigration and customs per- pendent on foreign countries to soon decide they would rather farm in sonnel funded in this amendment. produce our fruits and our vegetables? Mexico, with fewer restrictions on pes- These amounts are designated as an emer- If this Senate cannot get it right with- ticides and lower phytosanitary stand- gency requirement pursuant to section 204 of in a decade, that is where we will be— ards. Their land will be sold for devel- S. Con. Res. 21 (110th Congress). maybe even less time than that. opment and we will lose our farmland Mr. GREGG. Mr. President, if I can So while we debate border security— in this Nation. ask the leader a question, as I under- and while we are all for it, and while I The catastrophe, the crisis, is now. stand it, we are going to try to work have been aggressive in moving legisla- The harvest system is coming up now. out an agreement on the funding and tion with Senator BYRD, starting 2 What Senator BOXER, Senator CRAIG, the language which is behind the fund- years ago, to tighten our borders—al- and many others ask is please pass this ing that didn’t authorize the lan- ways in my mind tied to that was re- 5-year pilot program and enable people guage—— form of the guest worker program and who have worked in agriculture, who Mr. REID. That is directed at border getting a workforce for American agri- will continue to work in agriculture, to security, yes. culture that was legal, that was trans- be able to do so legally. Reform the H2– Mr. GREGG. Is that the money that parent, that came and worked and A program so it functions for the rest increases border agents from 23,000 up went home. But we can’t do that. We of us. to 30,000 and increases the number of would not do it. We refuse to do it be- The fact of the matter is, 90 percent beds to 45,000 and covers the fence, the cause of grounds of political intimida- of agriculture is undocumented labor. virtual fence, and the number that tion. Why doesn’t the Senate recognize that? funds ICE? Shame on us if we destroy American Why doesn’t the Senate recognize you Mr. REID. We will take a look at agriculture because we cannot get it cannot get Americans to do this work? your language, and you can look at right. So the Senator from California Why do we want to drown American ours, but the answer to your question and I are left with no alternative. Do agriculture? Why do we want to send it is yes. we object to unanimous consent to se- over the border? The PRESIDING OFFICER. The Sen- cure the border? Of course we would What Senator CRAIG, Senator BOXER, ator from Idaho is recognized. not. We cannot and we should not. But and I are saying is, with this money, Mr. CRAIG. Mr. President, I think we we will ask this Senate to vote time you take away our leverage to get this are all concerned that we get border se- and time again and either say you are bill done, unless we can have some kind curity right. The Graham amendment for American agriculture or you are of commitment that we can do this bill offered us that opportunity. It looks against it. as a stand-alone bill or move it on an- like we may get there tonight. Therein lies the question this Senate other bill. We ought to just face that Let the Senate understand there is a has yet to answer, and they must an- right now, that Senator CRAIG and I Catch-22 to what we are doing. While swer if we are to supply America with would like to have a commitment that Americans want their border security— its fresh fruits and vegetables and the we can put this bill on another bill, or my guess is what the majority leader is kind of abundant food supply that we move it as a stand-alone bill without proposing we adjust to will pass by the have grown use to—but more impor- amendments, and hopefully get it unanimous support of this Senate. The tant that we expect. passed so agriculture in America can Catch-22 is that American agriculture I yield the floor. harvest their crops this fall. We ought is now in crisis, in part because we The PRESIDING OFFICER. The Sen- to have a discussion because this have failed to pass an immigration bill ator from California is recognized. money we all would like to do, no ques- that addresses their guest worker need Mrs. FEINSTEIN. If I may, I thank tion about it. We all want border secu- problem and the border closes and the the Senator from Idaho for those com- rity. We all want to fund border secu- human labor flow stops. We want it ments. He is absolutely right in what is rity. stopped. We want the illegal movement happening. It is happening to a great (Ms. CANTWELL assumed the Chair.) to stop, but we need a legal system tied extent as well in California. Referring Mrs. BOXER. Will the Senator yield to this to solve a problem. to this chart, I wish to show the Senate for a question? Last agricultural season, under- what has happened. Agriculture is Mrs. FEINSTEIN. I certainly will. employed by 25 percent, $3 billion lost moving to Baja, Mexicali, and the Mrs. BOXER. I thank Senator FEIN- at the farm gate, the consumer picked Nogales regions—more than 20,750 STEIN. She and I have gone to the up the bill. Then we struggled mightily acres of agriculture have moved from farms. We have seen what is happening. to solve the problem, and we could not. the United States to this area here and We have seen the fruit just fall from Now we are heading into another har- more than 8,600 employees have moved the trees and wither when people are vest season, with 35 percent under- to this area in Mexico. Over here, more hungry. This is a ridiculous situation. employment, with a projected $5 bil- than 25,350 acres have moved to the The question I have for my friend is— lion to $6 billion loss in American agri- center of Mexico, with more than 2,460 it is rather rhetorical, given the rules culture—fruit, vegetables, and nuts left employees. of the Senate—all of us have worked so hanging on the trees and oranges rot- Mrs. BOXER. Mr. President, the Sen- hard for so many years for the AgJOBS ting in the orange groves. ate is not in order. bill. Isn’t it a fact that it has been The Senator from California and I The PRESIDING OFFICER. The Sen- years since Howard Berman in the have said, please, help us a little bit ate will be in order. House started this and we all got in- and reinstate a guest worker program Mrs. BOXER. The Senator deserves volved? And isn’t it so that instead of with border security; give us a 5-year to be heard. being a contentious matter, AgJOBS pilot temporary program to solve a Mrs. FEINSTEIN. I thank my col- has had strong support, not only in the near disastrous problem for American league from California for this. I speak Senate but all over the country? Isn’t agriculture. We fumble through and we on her behalf as well. Agriculture is in it true that AgJOBS is supported not cannot do it. So what are America’s crisis. We have a $34 billion industry. only by the owners of the ranches and farmers doing—the ones who can afford Labor is down by as much as 30 per- the farms but also supported by all the

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00045 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20384 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 unions and the labor people? And isn’t country if we don’t have a legal way What I think we should do tonight is, that a reason to pull together, to for people to hire workers for jobs that if people have amendments to offer on unite? Isn’t it so that it pulls together are otherwise going unfilled. this very important piece of legisla- Republicans and Democrats? I commend the Senator from Cali- tion, do it. Tomorrow is Thursday. I re- Mrs. FEINSTEIN. The Senator from fornia, the Senator from Idaho, and the mind everyone, we still have a lot to California is absolutely correct. It Senator from Georgia who is on the do. I spoke with Senator INOUYE. I be- does. It pulls together all of us. We be- floor as well who has worked for lieve he was the last one to sign the lieve we have 60 votes in this body for AgJOBS. We need a temporary worker conference report on the 9/11 rec- AgJOBS because we believe there are program that, going forward, provides ommendations. That will be done. We 60 Senators at least who understand for our economic basis. I hope we can should have something on ethics and what the problem is, there is no ques- have a freestanding bill that will be lobbying reform. SCHIP, we have to be tion about it. amendable so that we can do that part on that legislation next week. We have Senator BOXER has been on this issue of comprehensive reform. to finish this bill. for at least 7 years. Senator CRAIG, the I believe 90 percent of the people in Even though there have been a lot of Senator from Idaho, was the original this body want border security, which starts and stops today, we have had sponsor of AgJOBS, along with Senator we may be able to achieve tonight, and some progress. BOXER and Senator KENNEDY. That was the majority leader and the minority Mrs. FEINSTEIN. Will the majority 7 years ago. Is that not correct, I ask leader have begun to get an agreement leader yield for a question? the Senator from Idaho, Mr. CRAIG? on that issue. Plus, I believe there is 90 Mr. REID. In 1 second, I will. Mr. CRAIG. That is correct. percent agreement on a temporary Unless the two managers have some Mrs. FEINSTEIN. Seven years ago. worker program and taking care of the objection, I would hope we could have This bill is known by everybody in this agricultural businesses. I hope those people offer amendments tonight. If body, and everyone in this body should who are saying immigration reform is their amendments requires votes, we know there is a need. We believe we dead are wrong in that we can do cer- will set those for as early in the morn- have the votes in the House to pass the tain parts of it where there is an over- ing as we can. It would be wonderful if bill as well if it is a stand-alone bill, a whelming consensus in this body. we could finish this bill tomorrow. As I 5-year pilot that enables farmers to I thank the Senator from California said early on, I don’t want to file clo- hire workers. for bringing this issue up and sticking ture on this bill. I don’t want to. This Let me say one other thing. There is to it. is the first appropriations bill. We have Mrs. FEINSTEIN. Speaking through a myth out there that anybody can do to set an example of trying to move the Chair to the Senator from Texas— agricultural labor. If you stand by a forward. I see the majority leader is going to freeway and watch people pick lettuce, I have just been notified that I am say something. Madam President, is he you will see precision movements, you asked to go to the White House with going to make us an offer? will see an organized crew, you will see The PRESIDING OFFICER. The ma- the Speaker on Wednesday to talk they are trained in how to do it, and jority leader. about appropriations bills. This would you will also see it is backbreaking Mr. REID. Madam President, if I may be something really important to talk labor that Americans will not do. say a few words so people know what to him about on Wednesday, and we There is no industry in the United the schedule is, first of all, this may may be able to get one of them done. States that faces the crisis agriculture surprise people, but we care about agri- Unless somebody has an objection to does right now, I say to Senator BOXER. cultural jobs in America. Where most my suggestion, I think we will have no She knows that. I know that. We know people see the bright lights of Las more votes tonight. what is happening to our farms and Vegas and Reno, we specialize in garlic Mrs. FEINSTEIN. I believe I had the growers. Whether they operate 50,000 and white onions. We have tremendous floor. acres or 50 acres, it is the same prob- need for agricultural workers, and they Mr. REID. I didn’t want to take the lem. It takes, in California, 40,000 are hard to get in central Nevada. So I floor away from the Senator from Cali- workers to harvest grapes. They are personally am in favor of the AgJOBS fornia. I wanted to let people know grown in four counties. It takes 40,000 bill. It is something that I know I have what we were doing here. workers to harvest 1 crop. spoken with the Senator from Idaho, Mrs. FEINSTEIN. If I may, through Does the Senator from Texas want Mr. CRAIG, about on many occasions the Chair to the majority leader, my me to yield? and the Senator from California on interest was piqued in what the major- Mrs. HUTCHISON. Yes. Madam more occasions than she and I could ity leader had to say. My question is, President, I was going to ask if the ever calculate. Would the majority leader be prepared Senator from California will yield be- I am committed to doing something to give Senator BOXER, Senator CRAIG, cause I do think there is a bipartisan about AgJOBS. I hope we can do some- Senator HUTCHISON, and me a commit- consensus that we need to address thing soon. One of the bills we have to ment that perhaps the majority leader AgJOBS. We need to have a temporary do in September is the farm bill. We and the minority leader could sit down worker program going forward that have to do it. It has been 5 years. We and agree to allow a vote on AgJOBS fills the need for the economy of our have to renew it. Part of that has to be as part of the farm bill without amend- country to continue to thrive. AgJOBS. If we can figure out a way to ments, or some version of AgJOBS? I know the Senator from California do it as freestanding legislation, I am Mr. REID. Madam President, I say to has worked for years on this issue, as willing to do that. I want all those who my friend, I am happy to make that has the Senator from Idaho. I hope we are concerned about AgJOBS to know commitment. I will do everything I can can have a freestanding bill that would that I am on their side. I will do what- to make sure it is part of the farm bill. encompass agricultural workers and ever I can to help expedite this legisla- I will do what I can. I will talk with other temporary workers, such as food tion. Senator HARKIN. I will talk with Sen- processors. I will also say, getting back to the ator CHAMBLISS, who is on the floor. I I was visited this week by a food Homeland Security legislation, I have am sure he is in favor. I ask through processor who very much wanted com- conferred with the managers of this the Chair, is the Senator from Georgia prehensive immigration reform and bill, Senator MURRAY, Senator COCH- in favor of the temporary worker pro- worked very hard for it. He is trying to RAN, and Senator BYRD. It seems to me gram for agricultural workers? do the right thing. But he is very con- it would be in everyone’s best interest Mr. CHAMBLISS. Madam President, cerned about the business being able to not to have any more votes tonight. If I will respond this way: Obviously, I do the job it needs to do to get its prod- there is something the managers can am in favor of a temporary worker pro- uct out on the market. I think we are work out by voice vote, then we should gram for agriculture. We have one now. going to have an employer crisis in this certainly do that. Senator CRAIG, Senator FEINSTEIN, and

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00046 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20385 I worked diligently to try to come to we have been trying to resolve this ple who are here in a legal capacity some accord on H–2A reform, but I issue not for weeks and months but for under a valid temporary worker pro- have to tell the majority leader, we years. We have been working on this gram, as long as it is truly a temporary have never been able to reach that ac- issue. We have some major differences, worker program, and that those indi- cord, and there are some issues that as we have discussed. We had hoped to viduals are required to go back home are going to require some major have an immigration reform bill on at the time their job is completed— amending before we will be agreeable which we could resolve this issue. We then we don’t have an argument. to bringing that bill up on the farm moved a long ways in that direction. But as long as you continue to give bill. Madam President, I would like to ask them a pathway to citizenship, it is Mr. REID. Madam President, I appre- my friend from California a question. going to be a problem. We have just ciate the Senator from Georgia being As you know, I agree with everything had that debate. So I would say this: I so candid. you said, everything Senator CRAIG would hope between Senator CRAIG, I say to the Senator from California, said about the dire straits in agri- Senator FEINSTEIN, myself, and others Senator CHAMBLISS obviously is not in culture. We have a huge labor problem, who are interested, that if we could agreement with her. I will make a com- and we are in need, in California, in come up with an AgJOBS-like, that mitment without any qualification Idaho, in Georgia, and in every part of would truly be a like version of that I will do whatever I can to make the country, for agricultural labor to AgJOBS, then perhaps that is a way sure that is part of the farm bill. I will harvest our crops as we move toward that we could work our way through talk with Senator HARKIN, that is sure, the harvest season. The problem with this year. It is going to take some time the chairman of the committee. It is the AgJOBS bill has always been it has to get that done, and we don’t have important we do this, and the Senator an amnesty provision in it. It is called much time. Time is getting short. Here from California has my commitment— earned adjustment. That has been the we are at the end of July almost, and all four Senators—to do whatever I major issue. harvest season is upon us. can. If it is not impossible, we may try Does the Senator intend to include If we could come up with some agree- to work something else out. Rather that earned adjustment provision in ment to get us through this year, to than have it part of the farm bill, we the 5-year pilot program that the Sen- give us time, maybe, to work out in the may try to do something freestanding. ator is talking about offering now? long run a more permanent program Mrs. BOXER. Will the Senator yield Mrs. FEINSTEIN. If I may, through that does not include that pathway to further? I wish to tell my friends that the Chair to the Senator from Georgia, citizenship, I would be in agreement I have discussed this with Senator what we have said is, a version of the with the Senator. HARKIN. We had a meeting in my office AgJOBS bill. Mrs. FEINSTEIN. If I might, through about California priorities. I talked The AgJOBS bill was negotiated over the Chair to the Senator from Georgia, with him about how much Senator 7 years between the growers and the I would like to make one point. FEINSTEIN and I would like this bill. I United Farm Workers Union and oth- I understand your concern is with the think he is very open. I am sorry the ers. So it is a negotiated product. I ac- H–2A part of the bill. The other part of Senator from Georgia does not feel as tually thought that we had satisfied the bill is for different States because we do about it, but I think we have a the Senator’s concerns in many of our what happens in my State is, these good chance of getting it in the farm discussions. I am trying to recall, but I crews work different produce. They go bill, or at least getting a version of it believe there were at least three areas from one harvest to another to another and, if not, getting it done free- where we made some changes specifi- to another because the harvests are standing. cally because of the Senator’s concerns staged at different times. So the bill It is at a crisis point. Senator FEIN- in the discussions that we had. has two component parts to it. STEIN has shown us that we are losing So I thought we had agreement on Of course, we are willing to talk. We our people, we are losing farms, we are the H–2A part of the bill, which I be- are happy to sit down and talk. But we losing workers, we are losing whole lieve was your interest, in return for tried to do that with you, as you know, economies, and it is just the start. which, with respect to the earned ad- and I thought we had a product that we Seven years ago, we knew this was justment part of the bill, I would be agreed to. going to happen. It is time to act. happy to discuss this with you more. My understanding is the Senator I appreciate Senator REID’s commit- But the bill is based on, if a worker has from Idaho would like to ask a ques- ments, and this is a man of his word. I worked in agriculture, he or she can tion. hope we can all work with Senator submit documentation to that effect, Mr. CRAIG. Madam President, I REID and also Senator MCCONNELL to for so many hours over so many years, would like, for a moment, to react to bypass some of the negativity we have that individual can get what we call a the Senator from Georgia. It is often- heard tonight. blue card in the original bill and con- times confused that AgJOBS was two Mr. REID. Madam President, also, tinue to work in agriculture for a sub- bills that were merged together—two Senator CHAMBLISS is a reasonable stantial additional period. If they sat- problems solved. One was to create a man. You never know, he might wake isfied the hours, the filing, the taxes, new, modern, guest worker—or I should up some morning and say maybe we and everything required of them, then say flexible guest worker program that should help those onion farmers out in they could apply after that period for a fits the needs of American agriculture. Nevada. green card. That is as far as our bill That was over here. We reformed the Mr. CHAMBLISS. Will the majority went, the original bill. H–2A program. But over here was, what leader yield for a question? First of all, Mr. CHAMBLISS. Madam President, do you do with 1.2 million illegals who I would love to invite the majority if I can again ask the Senator a ques- are here and are now working in agri- leader to Georgia to eat some really tion. That has been the problem area. culture and have been here for 4 or 5 good Vidalia onions, and I look forward Mrs. FEINSTEIN. I thought the prob- years? That was the other side of it. to trying some of his. lem area was citizenship. We said: If you stayed here and Mr. REID. I say to my friend, I hope Mr. CHAMBLISS. That is a pathway worked and became legal and met it doesn’t violate any of the ethics to citizenship, giving them priority on these qualifications, there would be rules, but somebody sent me a box of getting the green card. something at the end of the road be- onions, and my wife and I ate all we But let me say to the Senator from cause we believe if you don’t do that, if could and we gave some to our daugh- California, I think the fact that we all you say: Oh, yeah, you can stay and ter. They were really quite good. recognize there is a problem and that you can work, but you have to stay in Mr. CHAMBLISS. That was Senator we all want to get to the end which is agriculture to do so—specific to agri- ISAKSON. We are glad you enjoyed a viable program that will allow all our culture—you have created indentured them. My friend from California knows farmers access to a quality pool of peo- servitude. You and I do not want that,

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00047 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20386 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 nor do we want to be accused of that in The problem with waiting until Sep- this goal and objective. For the most any respect. tember is part of the harvest is over, part, it meets it in a substantial way. So we have to look at the two reali- and we have lost a crop. I cannot tell But I would like to remind all of us ties. The two realities are an H–2A pro- you how much is going to be on the here, my colleagues, though it is hard gram that does not meet the need of ground come September, but I can tell to remember or to put in perspective, American agriculture today and a cur- you in my State it is going to be a sub- but a few years ago, just over 5, we rent workforce that is here and illegal. stantial amount. I worry about land didn’t have a Homeland Security ap- How you bring legality to that work- lying fallow and then being sold by propriations bill. Until Osama bin force that is here and is illegal remains farmers for development and the loss of Laden and al-Qaida established a net- the question on which we differ. I think rich, great American farmland. I don’t work and put 19-plus men on planes we have come awfully close to agreeing think that is what either one of us that took out buildings in New York, a on a new guest worker program. And in want. section of the Pentagon here in Wash- that, the Senator from Georgia is We will try to work with you, Sen- ington, and crashed into a field in right: It is very clear: They come, they ator BOXER, Senator CRAIG and I, and, Pennsylvania, this department didn’t work, they go home. That is a true hopefully, we will be able to come up even exist. guest worker program. Now, that is not with something by September. This department has been put to- today, that is tomorrow. Today is how So I thank the Senator and the gether to try to help this country stand do you meet the needs and solve the il- Chair. up against a great and growing legality problem of those currently The PRESIDING OFFICER. The Sen- threat—a great and growing threat. here? Therein lies our struggle. ator from Louisiana. Unfortunately, according to the latest Somehow we have to be able to fix AMENDMENT NO. 2468 TO AMENDMENT NO. 2383 intelligence report—and I have the un- that and require compliance and not be Ms. LANDRIEU. Madam President, I classified summary—this is not a di- accused or meet the test of not pro- send an amendment to the desk, and I minishing threat. One would think ducing indentured servitude by saying ask for its immediate consideration. that, after the money we have spent the only way you can become legal is The PRESIDING OFFICER. The prosecuting the war, the diplomacy, to stay in agriculture. That is not very clerk will report. and all the other things we are doing, fair either. So I guess they all have to The legislative clerk read as follows: this report would say that al-Qaida is go home. Some would like that, too. The Senator from Louisiana [Ms. weakened. But it doesn’t say that. It You and I will never escape the defi- LANDRIEU] proposes an amendment num- says al-Qaida is strengthening. Of nition of amnesty because anytime we bered 2468. course, we know that Osama bin Laden touch an illegal and give them any- Ms. LANDRIEU. Madam President, I is still on the loose. thing, we will be accused by the anti- ask unanimous consent to dispense So I come to the floor to offer an immigration forces in this country of with the reading of the amendment. amendment to the Homeland Security having morphed a new form of am- The PRESIDING OFFICER. Without bill to try to refocus our attention on nesty. At the same time, they are forc- objection, it is so ordered. how this whole thing got started. It all ing us to refuse dealing with the real The amendment is as follows: got started by a guy named Osama bin problem and solving it, or at least they (Purpose: To state the policy of the United Laden and the al-Qaida network. My are forcing some to run for cover in States Government on the foremost objec- amendment says it should be the policy search of something that is impossible, tive of the United States in the Global War of the United States to refocus our ef- and that is zero amnesty. You can’t get on Terror and in protecting the United forts to find him, to destroy him, and there. I don’t believe it is possible. States Homeland and to appropriate addi- to focus on the al-Qaida network wher- If you touch an illegal in any way, tional sums for that purpose) ever it is found. and in any way give them something At the end, add the following: There are pieces of it in Iraq, I am that offers them some stability in the SEC. 536. (a) POLICY OF THE UNITED not going to debate that here. But STATES.—It shall be the policy of the United current environment, tomorrow morn- States Government that the foremost objec- there are pieces of al-Qaida that are ing Lou Dobbs will say: Amnesty. And tive of the United States in the Global War still focused, according to this Na- it is a new creation he thought of over- on Terror and in protecting the United tional Intelligence Estimate, right night while in one of his 1932 labor States Homeland is to capture or kill Osama here in our homeland. So my amend- dreams. bin Laden, Ayman al-Zawahiri, and other ment is substantive in the sense that it I yield the floor. members of al Qaeda and to destroy the al simply restates, or states for the first Mr. CHAMBLISS. Madam President, Qaeda network. time but clearly, that it is the policy of let me finally say to the Senator from (b) FUNDING.— the United States that the foremost (1) ADDITIONAL AMOUNT FOR COUNTERTER- California, again, we agree there is a objective of the global war on terror RORIST OPERATIONS.—There is hereby appro- problem. I think at the end of the day priated for the Central Intelligence Agency, and protecting the homeland of the we agree what we want to do is give $25,000,000. United States is to capture or kill your farmers, my farmers, Texas farm- (2) EMERGENCY REQUIREMEN6T.—The Osama bin Laden and to destroy his ers, and all farmers and ranchers the amount appropriated by paragraph (1) is network and other members of his net- ability to have that quality pool of hereby designated as an emergency require- work. I understand this is not just the labor. And if there is a way to get there ment pursuant to section 204 of S.Con.Res.21 work of one person. It adds $25 million that is truly a means by which those (110th Congress). to the Central Intelligence Agency for workers who are here are temporary, I Ms. LANDRIEU. Madam President, that purpose. I know there are other think that is going to be the key. the underlying bill that Chairman amounts of money that are being Hopefully, we will continue the dia- BYRD and Ranking Member COCHRAN spent, and resources, some readily ob- logue to see if we can’t work something have put together is really good work. tainable and some that are classified. out. As a member of the Appropriations But there are additional resources that Mrs. FEINSTEIN. If I may respond Committee, I am pleased to have need to be brought to bear on this and, through the Chair to the Senator from worked on this bill. Senator MURRAY most importantly, a focus to help us Georgia, we had hoped, I say to the has provided some extraordinary lead- remember how we got here in the first Senator, that we had worked it out. We ership to add to this appropriations bill place and what this Homeland Security believe there are 60 votes for the bill. some resources to match the words bill should be doing, by protecting our We are happy, all of us—those of us that come out of this Capitol about se- Nation and keeping focus on al-Qaida. who have worked on this bill—to sit curing our ports, securing our rail, and That is the essence of my amendment. down with you and go over it again and stepping up additional resources for I thank the leader for allowing me to hopefully have something for the Sep- our airports. offer it tonight. Anytime the Senate tember farm bill. I think it is impor- This underlying bill, the Homeland feels we can vote on this in accordance tant. Security appropriations bill, reflects with the schedule will be fine by me.

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00048 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20387 Mr. DORGAN. Will the Senator yield this one. Again, I offer it as I think ap- and ignored 45 percent of the illegal for a question? propriate on this bill which lays out immigration in this country caused by Ms. LANDRIEU. Yes, I will. the resources to protect our homeland. people who enter with a visa that is Mr. DORGAN. I visited earlier with Let’s make sure those resources are legal but then they overstay. My sug- my colleague from Louisiana. I think used so there is a big target on the gestion to the distinguished majority this is an awfully good amendment. It back of this man Osama bin Laden and leader and other colleagues is that we establishes a priority which should his very dangerous network that is not ignore that 45 percent but, rather, have been established long ago. still alive, unfortunately well, and ac- include that as an acceptable expendi- As you know, the President, when cording to our own estimates growing ture under current law for part of the asked about Osama bin Laden, at one as a threat. $3 billion. point said, I don’t care about Osama I yield the floor. He has explained to me that there is bin Laden. I don’t care about Osama The PRESIDING OFFICER. The ma- objection on his side to including that bin Laden. Now we have the National jority leader. 45 percent of illegal immigration as Intelligence Estimate that says the Mr. REID. Madam President, I sug- part of the accepted expenditures for greatest terrorist threat to this coun- gest the absence of a quorum. this $3 billion. I am sure he has accu- try is the leadership of al-Qaida and The PRESIDING OFFICER. The rately reported what his conference or Osama bin Laden. If that is the case, it clerk will call the roll. caucus has said. But my concern is ought to be job one to eliminate the The legislative clerk proceeded to that we not spend money on the border leadership of al-Qaida. Eliminating the call the roll. security component and then pat our- greatest terrorist threat to our country Mr. REID. Madam President, I ask selves on the back and claim success ought to be the most important goal. unanimous consent that the order for when, indeed, the proposal would have That is what the Senator states in her the quorum call be rescinded. ignored 45 percent of the cause of ille- amendment. The PRESIDING OFFICER. Without gal immigration. We need an approach I spoke yesterday about this issue at objection, it is so ordered. that will deal both with border secu- some length, describing the kind of Mr. REID. Madam President, we have rity as well as the interior enforcement Byzantine position we are in with ev- spent this time wanting to get the leg- caused by visa overstays. eryone telling us that here is the great islation passed dealing with border se- Mr. REID. Mr. President, if I could threat to our country. Yet, on the curity. It would have been the Graham- say to my friend, I also think this is a other hand, we are going door to door Pryor amendment. We basically would problem we should deal with. But I in Baghdad in the middle of a civil war have taken the amendment offered by think the language as written in this with our soldiers while there is what is the Senator from South Carolina, the legislation would allow that. I would be called a safe harbor or secure haven ap- first several pages of it, dealing with happy to join with my friend in a letter to the Secretary of Homeland Security. parently in Pakistan or Afghanistan or border security, the money part of it. I would be happy to meet with him somewhere on the border. My friend, the distinguished junior when we get this done to tell him that My point is there ought not be a Senator from Texas, objects to that. this legislation, in my opinion, and square inch of safety anywhere, no safe That is unfortunate. He wants to add hopefully in the opinion of a distin- harbor, no secure hideaway anywhere additional language to that. As I ex- guished former member of the Texas on this planet for the leadership of al- plained to him, we have had many Sen- Supreme Court, a great legal back- Qaida. ators want to add language. ground, as we have propounded it I think this is a good amendment. I But Senator GRAHAM, he came to us would also allow this. We could make a intend to offer the amendment that I after all the changes, the suggested very good case to the executive branch offered on the Defense authorization changes in the legislation, and he said: of Government that that is so. I hope bill as well tomorrow. It was passed You take our bill as it is written. Now my friend would take that as an offer unanimously and my hope is it will be it was not easy to get that approved on of good faith to try to move this along. accepted unanimously. Senator CONRAD our side, but we did get it done. There I am convinced that if we pass what offered it, but the Defense authoriza- is an objection now. I am sorry that has been suggested by GRAHAM and tion bill was pulled. I intend to offer there will not be the money for border PRYOR—and the Senator from Texas that amendment tomorrow, but my security, but that is the way it is. I re- knows this better than I do—this does hope is the Senate will approve the gret that. I am sorry to have taken so cover the fact that the Department of amendment offered by the Senator much of the Senate’s time to do that. Homeland Security certainly should from Louisiana because I think it ad- It is 7 o’clock at night. We are back to use some of this money to make sure vances this country’s interest in de- where we were. we know where people are. It is abso- feating terrorism, and that is a very We will move forward. There are a lutely wrong that we have people here important goal. number of amendments pending. My who come on study visas and we lose Ms. LANDRIEU. I thank the Senator friend Senator ALEXANDER has waited track of them. That is one example. I from North Dakota. He has been a lead- around for a long time to offer his know a significant number of Senators er in helping us to stay focused by in- amendment. My understanding is that would agree. I think Secretary Chertoff creasing the reward. We have to re- Senator VITTER is here. Is he ready to would think this is something he member—I wish I had my poster but I go? should do with part of that money. don’t, but this is what a small version I apologize. I hope other Senators The PRESIDING OFFICER. The Sen- of it looked like. I know the Chair may will come and offer amendments. We ator from Texas. have a hard time seeing it, but this is will do our best to try to finish this bill Mr. CORNYN. I welcome the oppor- what Osama bin Laden looks like. It is tomorrow. tunity always to work with the distin- important for us to continue to see his Is there anything my friend from guished majority leader on legislation, picture. He is on the FBI’s ‘‘Most Texas wishes to say in addition to what including this legislation. But the fact Wanted’’ list. This was before he orga- I have said? is, the American people have lost con- nized the attack against our country The PRESIDING OFFICER (Mr. fidence in the Federal Government that has killed over 3,000 innocent ci- PRYOR). The Senator from Texas. when it comes to broken borders and vilians and, as we know, now 4,000 of Mr. CORNYN. Mr. President, I dis- our lack of enforcement of our immi- our soldiers, approximately, have lost agree with the characterization of the gration system. It is more appropriate their lives and 38,000 to 40,000 wounded, distinguished majority leader. The ob- that we contain the requirements in trying to retaliate against this attack. jection to the proposed unanimous con- the amendment itself and not in letters I thank the Senator from North Da- sent was to only a portion of the origi- he and I might write to the Secretary kota. I intend to be a cosponsor of his nal Graham amendment of which I was of the Department of Homeland Secu- amendment. It is complementary to a cosponsor. It completely overlooked rity. The fact is, the Department is not

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00049 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20388 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 going to do anything unless we direct 7,500 pounds and 100,800 pounds. I will politan areas; they are rural homes them to do so in legislation. put this in language that people, at where the nearest neighbors could be I regret the distinguished majority least in rural America, can understand. miles away. But under the current reg- leader has to object to my request to We have a situation where you don’t ulation, counting all tanks on one include, in addition to border security, have natural gas, and that is on most property, they would be subject to the provisions saying that the money could farms, a lot of small businesses, and screening requirements and also sub- be spent for interior enforcement as small towns. Homes are heated with ject to penalties if they failed to com- well. If that is the way it is, that is propane, 500-gallon tanks that are plete the screen. where we are. somewhere on the property, usually be- Most people listening to me are prob- The PRESIDING OFFICER. The ma- hind the house or, in the case of a ably saying: So what. If the Depart- jority leader. farm, out by the grain bins where you ment lists the chemicals, these folks Mr. REID. It seems sometimes people dry your corn or other grains using should register. Well, in its own regu- like to have the issue rather than solv- propane gas. Things of that nature are latory analysis—I am quoting from the ing the problem. This would have gone what I am talking about. Department now—the Department cal- a long way toward easing the friction Let me be very clear; my amendment culates that the average cost to com- on both sides toward problems with im- is limited and narrowly tailored in that plete the top screen process will be be- migration. It hasn’t. My friend, I could it only limits use of funds for enforcing tween $2,300 and $3,500 per screen. That say, will still have an issue to talk one listed chemical. That one listed is not a lot of money to some large about. Maybe that is more important chemical is propane. Some people refer chemical facility, but to John Q. Pub- to him than solving this problem. to it as LP gas, liquid propane gas—one lic who owns three tanks on his farm The PRESIDING OFFICER. The Sen- and all the same. to heat his home as well as to heat his ator from Texas. It would allow the Department to use sheds and barns and maybe dry grain, Mr. CORNYN. Mr. President, I funds to enforce the regulation for $2,300 to $3,500 is very real money. thought we were getting along well larger facilities, things that can hon- Further, the top screen requires indi- until that last comment by the major- estly be said could be used for terrorist viduals to fill out a lengthy form that ity leader. I want to solve this problem activity, but not the propane tank be- is highly detailed and may require help too. I think my record of involvement hind some farmhouse or by some grain from attorneys to ensure that the in the immigration and border security bin. This amendment is necessary to forms are filled out properly. Once this issue has demonstrated that. I am not ensure that these regulations truly is completed, the Department then interested in scoring political points; I protect our homeland but not burden makes a determination if the site will am interested in solving the problem. farmers and small businesses and cre- need to complete a security vulnerabil- But I am suggesting that the proposal ate a bigger problem with regard to ity assessment. If this assessment is by the majority leader will not solve propane security that I will mention in necessary, the Department then deter- the problem. It solves 55 percent of the a minute. mines if a site needs a site security problem, not the remaining 45 percent. This final rule was published by the plan for chemical security. I assure the distinguished majority Department of Homeland Security on The bottom line is that many rural leader that I am interested in a solu- April 9, 2007, and became effective June homes, farms, and small businesses tion. That is why I proposed that some 8 of this year. These regulations were could be required to pay $2,300 to $3,500 of this money would be able to be allo- required by Congress as part of the De- as just a preliminary step to determine cated for interior enforcement, includ- partment of Homeland Security appro- whether they are ‘‘high risk’’ for a ter- ing the 632,000 absconders, people under priations bill of 2007 and are known as rorist attack. These lengthy forms, final orders of deportation who have the chemical facility antiterrorism complex requirements, and high costs simply gone underground or who have standards. The regulations include an pose a harsh, undue burden upon rural left the country and then reentered il- appendix that lists chemicals of inter- America; hence my amendment and legally, both of which are classified as est to the Department and the stored hence my begging for consideration of felons under the Immigration and Nat- quantities that will trigger reporting this from my colleagues. uralization Act. I would have thought and screening requirements for those I also believe this regulation has a that the majority leader would think who house the listed chemicals. In- possibility of increasing threats to our that an appropriate use for some of cluded in the list of chemicals of inter- country as opposed to making it safer. this $3 billion in this amendment, to go est is propane stored in quantities As written, this rule and the current after those felons, to make sure our greater than 7,500 pounds. quantities of propane may lead many laws are enforced according to the let- Propane is used by virtually every homeowners, farmers, small ter of the law as written by Congress. I arm of agriculture, from small family businesspeople to limit how full they regret he does not see it the way I do. farms to large agribusinesses across might keep their onsite storage tanks. I guess that is where we are. the country. Propane is used to dry For example, a home with multiple I yield the floor. grain, to heat facilities for livestocks tanks may only fill a backup tank part The PRESIDING OFFICER. The Sen- and poultry, and to heat thousands of of the way to stay under the threshold ator from Iowa. rural homes across the country. This so they do not have to fill out the top Mr. GRASSLEY. Mr. President, I vis- listed quantity of 7,500 pounds is rough- screen. ited with the managers about speaking ly 1,785 gallons. Now, as a result of that, that home, on some amendments. For those who are not from rural that small business, that farm may The first amendment I am going to America, the typical rural home has at have to increase the number of times reference, I will just speak about it be- least one thousand-gallon tank for its tanks are filled once or twice during cause it is still in Legislative Counsel, heating and maybe has two or three of the winter months. This increase in the but we will have it shortly. That prob- these tanks for home heating and cook- number of tank fills—because they are ably means tomorrow. But I wish to ing, depending upon the size of the only going to be partially filled— alert people to a problem we have with home. Some family farms may have a means the number of trips propane Homeland Security that I would like to home tank and multiple farm tanks. trucks make is very much increased, fix through amendment. The amend- Under the current regulation and leading to more propane tankers per ment would restrict the Department of thresholds, these rural homes and business and more propane tankers Homeland Security from using any farms would qualify as a chemical fa- going down our highways. funds appropriated in this bill for the cility and would have to complete what Now, I ask all of you to consider, enforcement of interim final chemical is known as the ‘‘top screen’’ process to what is a more vulnerable threat to security regulations relating to the register the site as a chemical facility. America, John Q. Public’s family home stored quantity of propane gas between These are not homes in large metro- in rural Iowa—or in any other State—

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00050 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20389 or an increase in hundreds, maybe The PRESIDING OFFICER. Without Administration and Homeland Security thousands, of extra propane tankers on objection, it is so ordered. databases. America’s highways and roads? The amendment is as follows: The immigration bill before the Sen- Now, I tried to solve this problem be- (Purpose: To provide that none of the funds ate last year and this year would have fore this amendment. On June 25, 2007, made available under this Act may be ex- required all employers to use the basic I sent a letter to Secretary Chertoff pended until the Secretary of Homeland pilot program over a period of time by asking him to consider the impact of Security certifies to Congress that all new hires by the Department of Homeland Se- phasing it in. Both the administration including propane in quantities of 7,500 and Congress were poised to pass legis- pounds in the regulations. I asked Sec- curity are verified through the basic pilot program authorized under section 401 of lation mandating participation in this retary Chertoff to consider including the Illegal Immigration Reform and Immi- program. It has been argued that the an exemption for rural homes, farms, grant Responsibility Act of 1996 or may be employment verification system is cru- and small businesses that store and available to enter into a contract with a cial to enforcing the laws already on provide propane in excess of 7,500 person, employer, or other entity that does the books. Many say the system is a pounds. To date, I have only received a not participate in the such basic pilot pro- needed tool for employers to check the gram) response saying the Department is eligibility of their workers. ‘‘giving careful consideration’’ to my On page 69, after line 24, insert the fol- Since 1996, the system has been up- letter. lowing: dated, the system has been improved. Now, I appreciate the careful consid- SEC. 536. None of the funds made available under this Act may be expended until the It is a Web-based program, and employ- eration being given to my letter, but I Secretary of Homeland Security certifies to ers can go online quickly and very eas- wish to know what is being done to en- Congress that all new hires by the Depart- ily when hiring an individual. Employ- sure there is no undue burden placed ment of Homeland Security are verified ers in all 50 States can use the pro- upon rural Americans and that these through the basic pilot program authorized gram, and it is voluntary for the pri- rules have the impact that is intended. under section 401 of the Illegal Immigration vate sector. Currently, over 18,000 em- We all want to ensure our homeland is Reform and Immigrant Responsibility Act of ployers use the basic pilot program. as safe as possible, but we need to do so 1996 (8 U.S.C. 1324a note). without overburdening rural Ameri- SEC. 537. None of the funds made available Under current law, however, the Fed- under this Act may be available to enter into cans and threatening the growth of a eral Government is supposed to be a contract with a person, employer, or other using the employment verification sys- small business. entity that does not participate in the basic Further, as I pointed out, there is an pilot program authorized under section 401 of tem—emphasis upon ‘‘current law’’ and additional possible safety concern that the Illegal Immigration Reform and Immi- ‘‘supposed to be using.’’ We are talking may be a consequence of the regula- grant Responsibility Act of 1996 (8 U.S.C. about the Federal Government as an tion. As such, I will offer an amend- 1324a note). employer and whether we are setting a ment that would prohibit the use of Mr. GRASSLEY. This amendment to good example for the private sector on any funds to the Department to enforce this appropriations bill is to strength- checking whether people are legally in the current regulations for propane en our efforts to verify if people in the this country if they are going to work when the site of that propane has more United States are legal to work in this for us. Of the 18,000 users I have men- than 7,500 pounds but less than 1,800 country. tioned, Homeland Security says 403 pounds, until it amends these regula- Without a doubt, we have an illegal Federal agencies are using this pilot tions to provide an exemption for rural immigration problem. People are cross- program. But my colleagues will be homesteads, agricultural producers, ing our borders each day to live and shocked to hear that very few of the 22 and small business concerns. work in the United States. Some indi- agencies at the Department—the De- Again, this amendment is narrowly viduals may have innocent motives, partment of Homeland Security—are tailored only toward propane and does some may not. Some may be living in actually participating in this program. not impact enforcement of the regula- the shadows and wish to do our country I asked Secretary Chertoff in Janu- tions for other listed toxic chemicals. harm. ary of this very year about requiring Additionally, this amendment includes We do not live in a pre-9/11 world all agencies to use this system and ex- safety provisions to ensure that if a anymore. We must do all we can to pro- tending the requirement to contractors threat is imminent to rural America, tect our country. That is why I am pro- who do business with the Federal Gov- the Department can inform Congress of posing this amendment. It would do ernment. such threat and continue with its cur- two things very appropriate in the De- The Department of Homeland Secu- rent regulations. This amendment is partment of Homeland Security appro- rity responded by saying these 403 Fed- necessary to ensure that Government priations bill. It would require the en- eral agencies are participating in the regulations meet a commonsense test tire Department of Homeland Security basic pilot program. The Department and do not unduly burden rural Amer- to use the basic pilot program—also said it was also on track to make sure ica. known as the electronic employment all agencies were using this system by AMENDMENT NO. 2444 TO AMENDMENT NO. 2383 verification system. the end of the fiscal year. The Immigration Reform and Control Mr. President, I am now going to go I ask unanimous consent, Mr. Presi- to an amendment I do have written and Act of 1986 made it unlawful for em- dent, to have printed in the RECORD my would like to offer. I send amendment ployers to knowingly hire and employ aliens not eligible to work. It required letter to the Secretary and the Depart- No. 2444 to the desk and ask for its con- ment’s response. sideration. Mr. INHOFE should be listed employers to check the identity and as a cosponsor. work eligibility documents of all em- There being no objection, the mate- The PRESIDING OFFICER. Is there ployees. rial was ordered to be printed in the objection to setting aside the pending The easy availability of counterfeit RECORD, as follows: amendment? documents has made a mockery of the U.S. SENATE, Without objection, it is so ordered. 1986 bill. Fake documents are produced Washington, DC, January 24, 2007. The clerk will report. by the millions and can be obtained Hon. MICHAEL CHERTOFF, The assistant legislative clerk read very cheaply. Secretary, Department of Homeland Security, as follows: In response to the illegal hiring of Washington, DC. DEAR SECRETARY CHERTOFF: Thank you for The Senator from Iowa [Mr. GRASSLEY], for immigrants, Congress created the basic your time on Monday to discuss the worksite himself and Mr. INHOFE, proposes an amend- pilot program in 1996. This program al- ment numbered 2444 to amendment No. 2383. enforcement actions against Swift & Com- lows employers to check the status of pany. I appreciate the time you took to hear Mr. GRASSLEY. Mr. President, I ask their workers by checking one’s Social our concerns, and discuss solutions to im- unanimous consent that reading of the Security number and alien identifica- prove our efforts to reduce identity theft by amendment be dispensed with. tion number against Social Security illegal aliens.

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00051 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20390 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 As I stated in our meeting, our government whether each agency should individually the Federal Government. Because the agencies must do a better job of commu- conduct the verifications for its own new second part of the amendment would nicating with each other. That is why I au- hires. The Department of Homeland Security require all contractors—in just the De- thored an amendment last year to the immi- (DHS) would be pleased to keep your staff partment of Homeland Security—to gration bill that would give your department apprised of the status of this planning effort. access to taxpayer information maintained DHS’s goal is to ensure that all executive use the basic pilot program to check by the Social Security Administration. I branch new hires are verified through the the eligibility of their workers. look forward to pushing this measure into Basic Pilot by the end of FY 2007. Now, I think it ought to go beyond law. With respect to whether or not depart- contractors for the Department of Additionally, I want to reiterate my con- mental contractors use the Basic Pilot pro- Homeland Security, but we are work- cerns about the need for federal government gram, DHS is exploring options to encourage ing on the Homeland Security appro- agencies to use the basic pilot program. The contractor participation in the program. priations bill so I am limiting it to Illegal Immigration Reform and Immigrant I appreciate your interest in the Depart- that. It is my opinion that those who Responsibility Act of 1996 included a provi- ment of Homeland Security, and I look for- sion requiring select entities to participate ward to working with you on future home- do business with Homeland Security in the program. The law states that ‘‘Each land security issues. If I may be of further agencies should also be required to use Department of the Federal Government shall assistance, please contact the Office of Leg- the electronic employment verification elect to participate in a pilot program and islative and Intergovernmental Affairs at system. They may be private-sector shall comply with the terms and conditions (202) 447–5890. people, but they are working for the of such an election.’’ I would like to know Sincerely, Federal Government and they are in how this law is being enforced, and how your DONALD H. KENT, Jr., place of Federal employees. department is working to ensure compliance Assistant Secretary. There have been many examples of by all federal agencies. Mr. GRASSLEY. Since receiving the aliens illegally in the country working Furthermore, I would like the Depart- letter from Secretary Chertoff, this is ment’s legal opinion about the ability to re- for Government contractors and being quire contractors and subcontractors of the what I have found out: that this re- allowed to work in sensitive areas. I federal government to use the basic pilot sponse—that 403 Federal agencies are gave a number of examples last week program. Last July, the U.S. Immigration using the program—was deliberately during consideration of the Defense au- and Customs Enforcement (ICE) arrested misleading. In fact, congressional of- thorization bill when I tried to apply nearly 60 illegal immigrants at Fort Bragg in fices make up to 99 percent of the Fed- this same principle to that bill when it North Carolina. Last week, ICE arrested eral users. Of the 411 or more Federal was up. nearly 40 illegal immigrants hired by con- Government users, 400 are congres- But the Department of Defense, I tractors working on three military bases sional offices—136 in the Senate and 264 (Fort Benning, Creech Air Force Base, and want you to know, is not the only cul- Quantico Marine Base), one of which was re- in the House. prit. This week, a man from Houston portedly a member of the dangerous MS–13 So I am taking issue with the De- was sentenced for harboring illegal gang. There are many similar stories of ille- partment for their response to me and aliens, some of whom had access to an gal aliens being hired by contractors who feel this is deliberately misleading the Alexandria airbase and Louisiana Na- work at critical infrastructure sites through- Congress on the use of the basic pilot tional Guard facility under a Federal out the United States. Requiring those who program—when I get back a letter that Emergency Management Agency con- do business with the federal government says 403 Federal agencies are using the struction contract. should be held to the same standard as our program, and 99 percent of them are executive department agencies. I encourage The company employed 30 to 40 work- you to take steps to ensure that contractors here on Capitol Hill, not downtown. ers, contracted with FEMA, and was are using the tools that we have provided, According to staff at the Citizenship able to send illegal aliens to a worksite and are participating in the department’s and Immigration Service, only 11 exec- where they had access to a National electronic employment verification system. utive branch agencies are using the Guard facility and airbase. I appreciate your time and consideration of program—only 11—and only 5 of the 22 There were many news stories about these views. I look forward to hearing from agencies at Homeland Security are undocumented individuals working in you. using the program—only 5. the construction industry in New Orle- Sincerely, The President visited a Dunkin’ ans after Hurricane Katrina. CHARLES E. GRASSLEY U.S. Senator. Donuts shop last year. The company Then there was ‘‘Operation Tarmac,’’ announced all of its franchises would launched by Immigration and Customs OFFICE OF LEGISLATIVE AND INTER- use the basic pilot program to verify Enforcement in 2002, to enhance secu- GOVERNMENTAL AFFAIRS, U.S. DE- their workers. If Dunkin’ Donuts can rity at our airports and remove un- PARTMENT OF HOMELAND SECU- use the system, so can the Federal documented immigrants from these RITY, Government, particularly the Depart- critical facilities. Washington, DC. ments with the mission of protecting The operation resulted in investiga- Hon. CHARLES E. GRASSLEY, the homeland. tions of hundreds of thousands of peo- U.S. Senate, We ought to be setting an example, Washington, DC. ple and more than 900 arrests of unau- DEAR SENATOR GRASSLEY: On behalf of Sec- the Federal Government, for all em- thorized workers. Aliens illegally in retary Chertoff, thank you for your letter re- ployers. But within the Federal Gov- this country were working as janitors, garding federal agencies and government ernment, the very department enforc- baggage checkers, and luggage han- contractors using the Basic Pilot Employ- ing the law, suggesting it is being used, dlers. ment Verification Program (Basic Pilot). ought to set the example. Whether it is FEMA or the Transpor- Currently, there are 403 federal agencies I am ashamed to say the Department tation Security Administration or Bor- that are participating in the Basic Pilot. The of Homeland Security—the most valu- der Patrol or the Citizenship and Immi- majority of the federal Basic Pilot partici- able component of the executive pants are member offices of the legislative gration Service, we must make sure branch, although there are several key exec- branch in securing our Nation from those hired by the agencies are legally utive branch participants, such as the U.S. terrorism—then is setting a very bad able to work in the United States. Citizenship and Immigration Services head- example. While Immigration and Customs En- quarters office and components of the U.S. Congress and the administration forcement has taken some steps to find Coast Guard. The U.S. Citizenship and Immi- must be a model of good employment unauthorized workers at secure sites, gration Services, which oversees the Basic practices for the rest of the country. illegal aliens should not be hired in the Pilot, is exploring several approaches this My amendment is needed to push exec- first place. We cannot allow people ille- fiscal year to use Basic Pilot to verify all ex- utive branch participation in this pro- gally in our county to check our bags ecutive branch new hires. Also under consid- eration is whether the Office of Personnel gram. or process immigration benefits. Management (OPM) could conduct the Now, there is a second part to my One way to get at that problem, then, verifications through the Basic Pilot on be- amendment. It would extend this prin- is to require Departments, particularly half of all executive branch new hires or ciple to contractors who do work for the Department of Homeland Security,

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00052 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20391 to use the basic pilot program up front. (b) All discretionary amounts made avail- described in section 7209(b)(1) of the Intel- There is no cost to employers. Instead, able under this Act, other than the amount ligence Reform and Terrorism Prevention the American public will be more pro- appropriated under subsection (a), shall be Act of 2004 (8 U.S.C. 1185 note), the Secretary tected than it is today. reduced a total of $300,000,000, on a pro rata of State and the Secretary of Homeland Se- Earlier this year, the Senate voted basis. curity, using funds appropriated by this Act, (c) Not later than 15 days after the date of shall jointly conduct an independent tech- unanimously to debar employers from the enactment of this Act, the Director of nology evaluation to test any card tech- Government contracts if they are the Office of Management and Budget shall nologies appropriate for secure and efficient found to hire aliens illegally in the report to the Committee on Appropriations border crossing, including not fewer than 2 country. That vote signified an over- of the Senate and the Committee on Appro- potential radio frequency card technologies, whelming opinion that our Govern- priations of the House of Representatives on in a side by side trial to determine the most ment should only be doing business the accounts subject to pro rata reductions appropriate solution for any passport card in with those who take our immigration pursuant to subsection (b) and the amount to the land and sea border crossing environ- be reduced in each account. laws very seriously. Therefore, this ment. Mr. COCHRAN. Mr. President, I will (b) EVALUATION CRITERIA.—The criteria to part of my amendment should not be be evaluated in the evaluation under sub- problematic. set this amendment aside and take it up in due course in the consideration of section (a) shall include— I hope my amendment can be consid- (1) the security of the technology, includ- ered this week. It is not overly expan- the bill. ing its resistance to tampering and fraud; The PRESIDING OFFICER. The Sen- sive. It is to the Department we are ap- (2) the efficiency of the use of the tech- ator from New York is recognized. propriating money for. I don’t believe nology under typical conditions at land and Mr. SCHUMER. Mr. President, I ask it is overly burdensome because the sea ports of entry; unanimous consent that the pending Federal Government is preaching to (3) ease of use by card holders; amendment be temporarily set aside so (4) reliability; the private sector. They are preaching that I may offer four amendments. (5) privacy protection for card holders; and to the other Government agencies that The PRESIDING OFFICER. Is there (6) cost. we ought to be doing it. We in Congress objection? (c) SELECTION.—The Secretary of State and have adopted it more than anybody Without objection, it is so ordered. the Secretary of Homeland Security shall else in the Federal Government has. If Mr. SCHUMER. Mr. President, I jointly select the most appropriate tech- nology for the passport card based on the we can do this in our hiring of people, thank Chairman BYRD, Senator MUR- surely other Government agencies can. performance observed in the evaluation RAY, and Senator COCHRAN for their under subsection (a). I hope this amendment—I think a leadership on this outstanding bill commonsense amendment—can be con- which will help make America safer Mr. SCHUMER. Mr. President, I am sidered. I am happy to debate it, but I and, of course, we in New York particu- introducing an amendment that will am finished presenting it. I have it be- larly care about homeland security. I require the Government to test an fore the Senate and I will let the man- want to commend the committee for array of possible card technologies be- agers of the bill take the course from putting together a bill that shows the fore creating new passport cards for that point. Nation where our priorities lie. After land border crossings. The PRESIDING OFFICER. The Sen- years of shortchanging the Department Under the Western Hemisphere Trav- ator from Mississippi is recognized. of Homeland Security, the committee el Initiative, the Department of Home- Mr. COCHRAN. Mr. President, I has now put forth a bill that will suffi- land Security is moving toward new thank the distinguished Senator from ciently fund the Department, in my rules to require travelers to show a Iowa for his contribution to the debate judgment. In the next year, DHS will passport or an approved alternative and consideration of this legislation. I finally be equipped to do its job of document at land ports of entry. As we ask unanimous consent that it be set making our Nation safer from harm. all saw from the record passport back- aside so that I may call up another The bill will make America safer by logs over the past few months, the Na- amendment. investing in high priority projects— tion suffers when the administration The PRESIDING OFFICER. Without such as the kind of technology we need makes big changes at the border with- objection, it is so ordered. to keep us safe—while also protecting out adequate preparation. Yet with the AMENDMENT NO. 2405 TO AMENDMENT NO. 2383 us at our borders, in our skies, at our new passport cards, DHS and the State Mr. COCHRAN. Mr. President, on be- ports of entry, and on our subways, Department seem to be rushing for- half of the Senator from Tennessee, rail, and mass transit systems. ward blindly again. They have already Mr. ALEXANDER, I call up amendment AMENDMENT NO. 2416 TO AMENDMENT NO. 2383 issued a proposed rule on passport card No. 2405 and ask for its consideration. Mr. SCHUMER. Mr. President, I call technology, but when I questioned offi- The PRESIDING OFFICER. The up amendment No. 2416. cials from DHS and the State Depart- clerk will report. The PRESIDING OFFICER. The ment, they admitted they had not done The assistant legislative clerk read clerk will report. any on-the-ground testing of their pro- as follows: The assistant legislative clerk read posed cards. This lack of testing is es- The Senator from Mississippi [Mr. COCH- as follows: pecially shocking because the adminis- RAN], for Mr. ALEXANDER, proposes an The Senator from New York [Mr. SCHUMER] tration is making a very unusual move amendment numbered 2405 to amendment proposes an amendment numbered 2416 to in trying to use a type of technology No. 2383. amendment No. 2383. that has weaker security capabilities Mr. COCHRAN. Mr. President, I ask Mr. SCHUMER. Mr. President, I ask than some of the other options that are unanimous consent that the reading of unanimous consent that the reading of out there. We don’t know whether it the amendment be dispensed with. the amendment be dispensed with. would work on the border unless we The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without test it. objection, it is so ordered. objection, it is so ordered. I think that with proper preparation The amendment is as follows: The amendment is as follows: and testing, we can have a border docu- (Purpose: To make $300,000,000 available for (Purpose: To evaluate identification card ment that is both secure and efficient, grants to States to carry out the REAL ID technologies to determine the most appro- that preserves both security and allows Act of 2005) priate technology for ensuring the optimal commerce to continue to flow freely On page 40, after line 24, insert the fol- security, efficiency, privacy, and cost of lowing: across the border. That is what I want passport cards) to see. But if we let the DHS push this REAL ID GRANTS TO STATES At the appropriate place, insert the fol- forward, I am concerned that travelers SEC. ll. (a) For grants to States pursuant lowing: will get the worst of both worlds. to section 204(a) of the REAL ID Act of 2005 SEC. ll. INDEPENDENT PASSPORT CARD TECH- (division B of Public Law 109–13; 119 Stat. NOLOGY EVALUATION. DHS in this case has it all backward. 302), $300,000,000 to remain available until ex- (a) IN GENERAL.—Before issuing a final rule They need to do the testing before pended. to implement the passport card requirements making a final choice of technology.

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00053 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20392 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 We need to know that any new cards AMENDMENT NO. 2447 TO AMENDMENT NO. 2383 money here will be approved without will be reliable, secure, efficient, and Mr. President, I ask unanimous con- much debate by my colleagues. easy to use. If the administration sent that the pending amendment be AMENDMENT NO. 2448 TO AMENDMENT NO. 2383 won’t do that testing on its own, then set aside and I call up amendment No. Finally, Mr. President, I ask that the Congress must step in. My amendment 2447. pending amendment be set aside and I says DHS and the State Department The PRESIDING OFFICER. Without call up amendment No. 2448. need to do a serious evaluation com- objection, it is so ordered. The PRESIDING OFFICER. Without parison of two or more card tech- The clerk will report. objection, it is so ordered. The assistant legislative clerk read nologies before they issue a final regu- The clerk will report. as follows: lation to start selling these cards to The assistant legislative clerk read people. This is a smart and straight- The Senator from New York [Mr. SCHUMER] as follows: forward way to make sure the adminis- proposes an amendment numbered 2447 to amendment No. 2383. The Senator from New York [Mr. SCHUMER] tration is spending money wisely. I proposes an amendment numbered 2448 to can’t see why anyone would object to Mr. SCHUMER. I ask unanimous con- amendment No. 2383. it, and I hope we can certainly agree sent that the reading of the amend- ment be dispensed with. Mr. SCHUMER. Mr. President, I ask without much controversy to pass it unanimous consent that further read- into law. The PRESIDING OFFICER. Without objection, it is so ordered. ing of the amendment be dispensed AMENDMENT NO. 2461 TO AMENDMENT NO. 2383 The amendment is as follows: with. Mr. President, I ask unanimous con- (Purpose: To reserve $40,000,000 of the The PRESIDING OFFICER. Without sent that the pending amendment be amounts appropriated for the Domestic objection, it is so ordered. set aside and I call up amendment No. Nuclear Detection Office to support the The amendment is as follows: 2461. implementation of the Securing the Cities (Purpose: To increase the domestic supply of The PRESIDING OFFICER. Without initiative at the level requested in the nurses and physical therapists, and for objection, it is so ordered. President’s budget) other purposes) The clerk will report. On page 49, line 22, strike the period at the On page 69, after line 24, add the following: end and all that follows through ‘‘2010:’’ on The assistant legislative clerk read SEC. 536. INCREASING THE DOMESTIC SUPPLY as follows: page 50, line 2, and insert the following: ‘‘, of OF NURSES AND PHYSICAL THERA- which $10,000,000 shall be available to support PISTS THROUGH THE RECAPTURE The Senator from New York [Mr. SCHUMER] the implementation of the Securing the Cit- OF UNUSED EMPLOYMENT-BASED proposes an amendment numbered 2461 to ies initiative at the level requested in the IMMIGRANT VISAS. amendment No. 2383. President’s budget. Section 106(d) of the American Competi- Mr. SCHUMER. I ask unanimous con- ‘‘SYSTEMS ACQUISITION tiveness in the Twenty-first Century Act of sent that the reading of the amend- ‘‘For expenses for the Domestic Nuclear 2000 (Public Law 106–313; 8 U.S.C. 1153 note) is ment be dispensed with. Detection Office acquisition and deployment amended— The PRESIDING OFFICER. Without of radiological detection systems in accord- (1) in paragraph (1)— objection, it is so ordered. ance with the global nuclear detection archi- (A) by inserting ‘‘1996, 1997,’’ after ‘‘avail- The amendment is as follows: tecture, $182,000,000, to remain available able in fiscal year’’; and (B) by inserting ‘‘group I,’’ after ‘‘schedule (Purpose: To increase the amount provided until September 30, 2010, of which $30,000,000 shall be available to support the implemen- A,’’; for aviation security direction and enforce- (2) in paragraph (2)(A), by inserting ‘‘1996, ment) tation of the Securing the Cities initiative at the level requested in the President’s budg- 1997, and’’ after ‘‘available in fiscal years’’; On page 2, line 11, strike ‘‘$100,000,000’’ and et:’’. and insert ‘‘$94,000,000’’. (3) by adding at the end the following: On page 18, line 2, strike ‘‘$5,039,559,000’’ Mr. SCHUMER. Mr. President, I am ‘‘(4) PETITIONS.—The Secretary of Home- and insert ‘‘$5,045,559,000’’. joined by my New York colleague Sen- land Security shall provide a process for re- On page 18, line 10, strike ‘‘$964,445,000’’ and ator CLINTON and my colleagues from viewing and acting upon petitions with re- insert ‘‘$970,445,000’’. New Jersey, Senator LAUTENBERG and spect to immigrants described in schedule A On page 18, line 20, strike ‘‘$2,329,334,000’’ Senator MENENDEZ, in offering an not later than 30 days after the date on and insert ‘‘$2,335,344,000’’. amendment to fully fund the Securing which a completed petition has been filed.’’. Mr. SCHUMER. Mr. President, the the Cities initiative at the level of $40 Mr. SCHUMER. Mr. President, it Law Enforcement Officer Reimburse- million. This is what was requested by should be a secret to no one that DHS ment Program reimburses local law en- the President. Securing the Cities is an is far behind in processing visas. One forcement for security services that innovative partnership between the consequence of these lags is that thou- TSA requires at all airports around the Federal Domestic Nuclear Detection sands of visas go unused every year. country. But due to a planned expan- Office and local law enforcement to set This amendment takes approximately sion, the program is not fully funded at up a ring of radiation detection devices 61,000 of these unused visas from past the level needed to maintain the around the perimeter of urban centers years and allocates them for two pro- present level of service. Currently, 275 to stop dirty bombs or nuclear weap- fessions that have been hit very hard airports are part of the program, which ons. The Nuclear Detection Office by the visa crisis: nurses and physical is funded at $64 million. As the pro- chose the New York region as the first therapists. Hospitals in New York, gram moves from a reimbursement area to pilot this approach, and local from the large ones in New York City agreement model to a cooperative authorities have been working together to the small rural ones upstate, and agreement model, TSA hopes to in- for months to plan and train. But the hospitals around the country are feel- clude 300 airports, but they will at- committee proposes to provide only ing the crunch from the huge nursing tempt to do this with the same level of three-quarters of the funding requested shortage. There are now more than funding used for 275 airports. Most of by the President. 100,000 nurse vacancies nationwide, by these airports are smaller, rural. They When it comes to protecting cities some counts. are not the kind of airports that can from nuclear or radiological attack, we This amendment doesn’t do anything easily come up with the tens of thou- can’t stop halfway. Securing the Cities to change existing law, and doesn’t—I sands of dollars that might be required. is a cutting-edge plan to safeguard the repeat, doesn’t—create a single new So this is a smart and straightforward people and assets of our most threat- visa. It is a one-time fix that does one way to make sure the administration is ened city centers. This program is thing: It takes one small pool of exist- spending money wisely. My amend- moving ahead and it needs the full ing visas that now isn’t being used and ment will make sure the level of secu- amount the President requested: $30 sets it aside for two professions that rity service provided at airports does million to purchase equipment and $10 desperately need the help. not suffer as more airports become part million for planning and research. I I look forward to working with the of this important program. hope the relatively small amount of committee on these amendments, as I

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00054 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20393 believe they are important additions to The PRESIDING OFFICER. Without ing the cost of the bill. I repeat, my the great work the committee has al- objection, it is so ordered. amendments do not add any cost to ready done. I will ask for the yeas and The amendment is as follows: this legislation. nays at the appropriate time. (Purpose: To set aside $75,000,000 of the funds I urge my colleagues to support these I yield the floor. appropriated for training, exercise, tech- measures, and I truly hope these com- Mrs. MURRAY. Mr. President, I sug- nical assistance, and other programs under monsense amendments are fully con- gest the absence of a quorum. the heading State and local programs for sidered. training consistent with section 287(g) of The PRESIDING OFFICER. The Mr. President, I ask unanimous con- clerk will call the roll. the Immigration and Nationality Act) On page 39, line 21, insert ‘‘, of which not sent that my amendment be laid aside, The legislative clerk proceeded to and I yield the floor. call the roll. less than $75,000,000 shall be used for train- ing, exercises, and technical assistance con- The PRESIDING OFFICER. The Sen- Mrs. DOLE. Mr. President, I ask sistent with section 287(g) of the Immigra- ator from Mississippi is recognized. unanimous consent that the order for tion and Nationality Act (8 U.S.C. 1357(g))’’ AMENDMENT NO. 2476 TO AMENDMENT NO. 2383 the quorum call be rescinded. before the semicolon at the end. The PRESIDING OFFICER. Without Mr. COCHRAN. Mr. President, a mo- Mrs. DOLE. Mr. President, the under- ment ago, the Senator from Iowa, Mr. objection, it is so ordered. lying bill provides over $51 million for Mrs. DOLE. Mr. President, I ask GRASSLEY, was speaking and described training to support implementation of an amendment to require the Secretary unanimous consent that the pending 287(g) agreements. My amendment amendment be temporarily set aside in of Homeland Security to establish rea- would make an additional $75 million sonable regulations relating to stored order for me to offer two amendments. available for this purpose by providing The PRESIDING OFFICER. Without quantities of propane. On his behalf, I that a portion of the $294 million al- objection, it is so ordered. send that amendment to the desk and ready appropriated under the bill for ask that it be reported. AMENDMENT NO. 2462 TO AMENDMENT NO. 2383 general State and local training grants The PRESIDING OFFICER. Without Mrs. DOLE. Mr. President, I call up be used specifically for 287(g) training. objection, it is so ordered. amendment No. 2462, which is at the Mr. President, in recent months, I desk, and I ask for its immediate con- have heard from local law enforcement The clerk will report. sideration. officials from every corner of my home The legislative clerk read as follows: The PRESIDING OFFICER. The State of North Carolina who, frankly, The Senator from Mississippi [Mr. COCH- clerk will report. have had it. They are fed up. They are RAN], for Mr. GRASSLEY, proposes an amend- The legislative clerk read as follows: ment numbered 2476 to amendment No. 2383. fed up because they are powerless to The Senator from North Carolina [Mrs. bring justice to illegal aliens who are Mr. COCHRAN. Mr. President, I ask DOLE] proposes an amendment numbered 2462 unanimous consent that reading of the to amendment No. 2383. committing crimes, such as drinking and driving and gang-related activity. amendment be dispensed with. Mrs. DOLE. Mr. President, I ask They are fed up that Federal agents The PRESIDING OFFICER. Without unanimous consent that reading of the lack the manpower to help them proc- objection, it is so ordered. amendment be dispensed with. The amendment is as follows: The PRESIDING OFFICER. Without ess these criminals. They are fed up objection, it is so ordered. with the catch and release of dangerous (Purpose: To require the Secretary of Home- land Security to establish reasonable regu- The amendment is as follows: individuals. Local law enforcement of- ficers are fed up that when they try to lations relating to stored quantities of pro- (Purpose: To require that not less than pane) $5,400,000 of the amount appropriated to solve these serious problems—that is, On page 69, after line 24, add the following: United States Immigration and Customs they seek authority under a program Enforcement be used to facilitate agree- called 287(g) to process illegal aliens SEC. 536. CHEMICAL FACILITY ANTITERRORISM ments described in section 287(g) of the Im- who committed crimes—they are put STANDARDS. migration and Nationality Act) through the bureaucratic ringer and (a) IN GENERAL.—Except as provided in subsection (b), none of the funds in this Act On page 16, line 1, strike ‘‘may’’ and insert often turned away. may be used to enforce the interim final reg- ‘‘shall’’. Why would the Department of Home- ulations relating to stored quantities of pro- Mrs. DOLE. Mr. President, the under- land Security deny our local law en- pane issued under section 550(a) of the De- lying DHS appropriations bill makes forcement agencies the tools that are partment of Homeland Security Appropria- available $5 million for facilitating readily available to them under cur- tions Act, 2007 (6 U.S.C. 121 note), including 287(g) agreements. As the bill is cur- rent law that would help address major the regulations relating to stored quantities rently written, the Secretary of DHS challenges in their communities? Most of propane in an amount more than 7,500 could ignore the will of Congress and simply, the answer is funding. Immi- pounds under Appendix A to part 27 of title refuse to use the money to facilitate gration and Customs Enforcement, or 6, Code of Federal Regulations, until the Sec- retary of Homeland Security amends such 287(g) agreements. The current amend- ICE, does not have the money to train regulations to provide an exemption for agri- ment would simply require that the and provide assistance to these local cultural producers, rural homesteads, and Secretary use this funding for its in- entities that are textbook examples of small business concerns (as that term is de- tended purpose. places that desperately need 287(g) sta- fined in section 3 of the Small Business Act I ask unanimous consent that this tus. (15 U.S.C. 632)) that store propane in an amendment be temporarily laid aside In the aftermath of the immigration amount more than 7,500 pounds and not more so that I may call up my second debate, it is abundantly clear Ameri- than 100,800 pounds. amendment. cans have no confidence that their (b) EXCEPTIONS.— The PRESIDING OFFICER. Without Government is taking the critical steps (1) IMMEDIATE OR IMMINENT THREAT.—Sub- section (a) shall not apply if the Secretary of objection, it is so ordered. to secure our borders or enforce the Homeland Security submits a report to Con- AMENDMENT NO. 2449 TO AMENDMENT NO. 2383 laws on the books. The public will con- gress outlining an immediate or imminent Mrs. DOLE. Mr. President, I send to tinue to distrust and rightly reject any threat against such stored quantities of pro- the desk my amendment No. 2449. so-called comprehensive immigration pane in rural locations. The PRESIDING OFFICER. The reform until they wholeheartedly be- (2) QUANTITY.—Subsection (a) shall not clerk will report. lieve these steps have been taken to apply to any action by the Secretary of The legislative clerk read as follows: keep their communities and families Homeland Security to enforce the interim final regulations described in that subsection The Senator from North Carolina [Mrs. safe. relating to stored quantities of propane, if DOLE] proposes an amendment numbered 2449 The 287(g) program is an invaluable the stored quantity of propane is more than to amendment No. 2383. tool to achieving these goals, and it 100,800 pounds. Mrs. DOLE. Mr. President, I ask should be fully utilized. My amend- (c) RULE OF CONSTRUCTION.—Except with unanimous consent that reading of the ments will help ensure that it is fully respect to stored quantities of propane, noth- amendment be dispensed with. utilized, and without actually increas- ing in this section may be construed to limit

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00055 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20394 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 the application of the interim final regula- Mr. COCHRAN. I move to lay that (3) RIVER.—The term ‘‘River’’ means the tions issued under section 550(a) of the De- motion on the table. Rio Grande River. partment of Homeland Security Appropria- The motion to lay on the table was (4) SECRETARY.—The term ‘‘Secretary’’ tions Act, 2007 (6 U.S.C. 121 note). agreed to. means the Secretary of Homeland Security. (b) DEVELOPMENT OF PLAN.— Mr. COCHRAN. Mr. President, I ask AMENDMENT NO. 2387, AS MODIFIED, TO unanimous consent that the amend- (1) IN GENERAL.—The Secretary shall de- AMENDMENT NO. 2383 velop a plan for the control and management ment be set aside for consideration Mrs. MURRAY. Mr. President, I call of Arundo donax along the portion of the later. up amendment No. 2387 on behalf of River that serves as the international border The PRESIDING OFFICER. Without Senator FEINSTEIN and send a modifica- between the United States and Mexico. objection, it is so ordered. tion to the desk. (2) COMPONENTS.—In developing the plan, Mr. COCHRAN. Mr. President, I sug- The PRESIDING OFFICER. Without the Secretary shall address— gest the absence of a quorum. objection, the clerk will report. (A) information derived by the Secretary The PRESIDING OFFICER. The The legislative clerk read as follows: of Agriculture and the Secretary of the Inte- rior from ongoing efforts to identify the clerk will call the roll. The Senator from Washington [Mrs. MUR- most effective biological, mechanical, and The legislative clerk proceeded to RAY], for Mrs. FEINSTEIN, proposes an amend- chemical means of controlling and managing call the roll. ment numbered 2387, as modified, to amend- Arundo donax; Mrs. MURRAY. Mr. President, I ask ment No. 2383. (B) past and current efforts to under- unanimous consent that the order for Mrs. MURRAY. Mr. President, I ask stand— the quorum call be rescinded. unanimous consent that the reading of (i) the ecological damages caused by The PRESIDING OFFICER. Without the amendment be dispensed with. Arundo donax; and objection, it is so ordered. The PRESIDING OFFICER. Without (ii) the dangers Arundo donax poses to Fed- AMENDMENT NO. 2386 TO AMENDMENT NO. 2383 objection, it is so ordered. eral and local law enforcement; Mrs. MURRAY. Mr. President, I call The amendment is as follows: (C) any international agreements and trea- up amendment No. 2386 on behalf of At the appropriate place in the bill: ties that need to be completed to allow for SEC. ll. SEXUAL ABUSE. the control and management of Arundo Senator FEINSTEIN. donax on both sides of the River; The PRESIDING OFFICER. Without Sections 2241, 2242, 2243, and 2244 of title 18, United States Code, are each amended by (D) the long-term efforts that the Sec- objection, the clerk will report. retary considers to be necessary to control The legislative clerk read as follows: striking ‘‘the Attorney General’’ each place that term appears and inserting ‘‘the head of and manage Arundo donax, including the The Senator from Washington [Mrs. MUR- any Federal department or agency’’. cost estimates for the implementation of the RAY], for Mrs. FEINSTEIN, proposes an amend- efforts; and ment numbered 2386 to amendment No. 2383. Mrs. MURRAY. Mr. President, I be- (E) whether a waiver of applicable Federal lieve this amendment has been cleared Mrs. MURRAY. Mr. President, I ask environmental laws (including regulations) on both sides. unanimous consent that the reading of is necessary. Mr. COCHRAN. Mr. President, we (3) CONSULTATION.—The Secretary shall de- the amendment be dispensed with. have no objection to the amendment. velop the plan in consultation with the Sec- The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. retary of Agriculture, the Secretary of the objection, it is so ordered. SALAZAR). If there is no further debate, Interior, the Secretary of State, the Chief of The amendment is as follows: the question is on agreeing to amend- Engineers, and any other Federal and State (Purpose: To amend title 18, United States ment No. 2387, as modified. agencies that have appropriate expertise re- Code, to make technical corrections to the The amendment (No. 2387), as modi- garding the control and management of new border tunnels and passages offense) Arundo donax. fied, was agreed to. (c) REPORT.—Not later than 90 days after On page 69, after line 24, add the following: Mrs. MURRAY. I move to reconsider SEC. ll. TECHNICAL CORRECTIONS. the date of enactment of this Act, the Sec- the vote. retary shall submit the plan to— (a) IN GENERAL.— Mr. COCHRAN. I move to lay that (1) the Committees on the Judiciary of the (1) REDESIGNATIONS.—Chapter 27 of title 18, United States Code, is amended by redesig- motion on the table. Senate and the House of Representatives; nating section 554 added by section 551(a) of The motion to lay on the table was and the Department of Homeland Security Ap- agreed to. (2) the Committees on Appropriations of propriations Act, 2007 (Public Law 109–295; AMENDMENT NO. 2430 TO AMENDMENT NO. 2383 the Senate and the House of Representatives. 120 Stat. 1389) (relating to border tunnels and Mrs. MURRAY. Mr. President, I call Mrs. MURRAY. Mr. President, I be- passages) as section 555. up amendment No. 2430 on behalf of lieve this amendment as well has been (2) TABLE OF SECTIONS.—The table of sec- Senator CORNYN. cleared on both sides. tions for chapter 27 of title 18, United States The PRESIDING OFFICER. Without Mr. COCHRAN. Mr. President, we Code, is amended by striking the item relat- objection, the clerk will report. have no objection to the amendment. ing to section 554, ‘‘Border tunnels and pas- The PRESIDING OFFICER. If there sages’’, and inserting the following: The legislative clerk read as follows: The Senator from Washington [Mrs. MUR- is no further debate, the question is on ‘‘555. Border tunnels and passages.’’. RAY], for Mr. CORNYN, proposes an amend- agreeing to amendment No. 2430. (b) CRIMINAL FORFEITURE.—Section ment numbered 2430 to amendment No. 2383. The amendment (No. 2430) was agreed 982(a)(6)of title 18, United States Code, is to. amended by striking ‘‘554’’ and inserting Mrs. MURRAY. Mr. President, I ask ‘‘555’’. unanimous consent that the reading of Mrs. MURRAY. I move to reconsider (c) DIRECTIVE TO THE UNITED STATES SEN- the amendment be dispensed with. the vote. TENCING COMMISSION.—Section 551(d) of the The PRESIDING OFFICER. Without Mr. COCHRAN. I move to lay that Department of Homeland Security Appro- objection, it is so ordered. motion on the table. priations Act, 2007 (Public Law 109–295; 120 The amendment is as follows: The motion to lay on the table was Stat. 1390) is amended in paragraphs (1) and (Purpose: To provide for the control and agreed to. (2)(A) by striking ‘‘554’’ and inserting ‘‘555’’. management of Arundo donax, commonly AMENDMENT NO. 2425, AS MODIFIED, TO Mrs. MURRAY. Mr. President, I be- known as ‘‘Carrizo cane’’) AMENDMENT NO. 2383 lieve this amendment has been cleared At the appropriate place, insert the fol- Mrs. MURRAY. Mr. President, I call on both sides. lowing: up amendment No. 2425 on behalf of Mr. COCHRAN. Mr. President, we SEC. llll. PLAN FOR THE CONTROL AND MAN- Senator MCCASKILL and send a modi- have no objection to the amendment. AGEMENT OF ARUNDO DONAX. fication to the desk. (a) DEFINITIONS.—In this section: The PRESIDING OFFICER. If there The PRESIDING OFFICER. Without is no further debate, the question is on (1) ARUNDO DONAX.—The term ‘‘Arundo donax’’ means a tall perennial reed com- objection, the clerk will report. agreeing to amendment No. 2386. monly known as ‘‘Carrizo cane’’, ‘‘Spanish The legislative clerk read as follows: The amendment (No. 2386) was agreed cane’’, ‘‘wild cane’’, and ‘‘giant cane’’. The Senator from Washington [Mrs. MUR- to. (2) PLAN.—The term ‘‘plan’’ means the plan RAY], for Mrs. MCCASKILL, proposes an Mrs. MURRAY. I move to reconsider for the control and management of Arundo amendment numbered 2425, as modified, to the vote. donax developed under subsection (b). amendment No. 2383.

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00056 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20395 Mrs. MURRAY. Mr. President, I ask The amendment (No. 2390), as modi- tion, expand opportunities for greater small unanimous consent that the reading of fied, was agreed to. business participation, provide greater ac- the amendment be dispensed with. Mrs. MURRAY. I move to reconsider countability and transparency in their pro- The PRESIDING OFFICER. Without the vote. curement processes, and provide greater op- tions for addressing the challenges of the de- objection, it is so ordered. Mr. COCHRAN. I move to lay that partment’s acquisition workforce. Indeed, The amendment is as follows: motion on the table. there are clear advantages for all parties At the appropriate place in the bill: The motion to lay on the table was when agencies operate under common rules SEC. lll. REPORTING OF WASTE, FRAUD, AND agreed to. and procedures. Moreover, as TSA seeks to ABUSE. Mrs. MURRAY. Mr. President, we train its current workforce and further ex- Not later than 30 days after the date of en- have made some progress on the Home- pand its acquisition workforce, the degree of actment of this Act— land Security appropriations bill commonality between its acquisition proce- (1) the Secretary of Homeland Security today. We just adopted some amend- dures and other federal agency practices will shall establish and maintain on the home- have a real effect on the cost and efficiencies page of the website of the Department of ments and worked our way through of bringing in skilled professionals. Homeland Security, a direct link to the several issues today. A number of Sen- We appreciate your leadership on this mat- website of the Office of Inspector General of ators have offered amendments to- ter. If you have any questions or need any the Department of Homeland Security; and night. I hope that early tomorrow additional information, please do not hesi- (2) the Inspector General of the Depart- morning we can go to those amend- tate to let me know. ment of Homeland Security shall establish ments and get votes on them and begin Sincerely, and maintain on the homepage of the to move this bill. ALAN CHVOTKIN, ESQ., website of the Office of Inspector General a The majority leader has made it very Senior Vice President and Counsel. direct link for individuals to anonymously AMENDMENT NO. 2405 report waste, fraud, or abuse. clear to all of us that he wants this bill completed this week, and we intend to Mr. WARNER. Mr. President, I am Mrs. MURRAY. Mr. President, I be- do that. If any Senators have amend- pleased to join with my colleague Sen- lieve this amendment as well has been ments they would like to offer, we en- ator ALEXANDER as a cosponsor of his cleared on both sides. courage them to come as early as pos- important amendment. I understand Mr. COCHRAN. Mr. President, we sible tomorrow to get them offered so that Senator COLLINS and Senator have no objection to the amendment. we can work our way through them and VOINOVICH are also cosponsors. The PRESIDING OFFICER. If there finish this bill in a timely manner. This amendment is simple. It pro- is no further debate, the question is on Mr. KERRY. Mr. President, I ask vides funding—$300 million—for grants agreeing to amendment No. 2425, as unanimous consent to have a letter to the States for the continued devel- modified. from the Professional Services Council opment and implementation of the The amendment (No. 2425), as modi- in support of my amendment to apply REAL ID program. This funding is fied, was agreed to. standard contracting laws to the fully offset by an across the board re- Mrs. MURRAY. I move to reconsider Transportation Security Administra- duction of all discretionary amounts the vote. included in the underlying bill. Mr. COCHRAN. I move to lay that tion printed in the RECORD. There being no objection, the mate- Mr. President, the REAL ID program motion on the table. is critical for our national security. The motion to lay on the table was rial was ordered to be printed in the RECORD, as follows: We know, from history, that the du- agreed to. plication and falsification of drivers’ li- PROFESSIONAL SERVICES COUNCIL, AMENDMENT NO. 2390, AS MODIFIED, TO Arlington, VA, July 24, 2007. censes is a reality, and this fact is a AMENDMENT NO. 2383 Hon. JOHN KERRY, national security concern. As you may Mrs. MURRAY. Mr. President, I call Hon. OLYMPIA SNOWE, recall, all but one of the 9/11 hijackers up amendment No. 2390 on behalf of U.S. Senate, obtained some form of U.S. identifica- Senator CLINTON and send a modifica- Washington, DC. tion—some by fraudulent means— tion to the desk. DEAR SENATORS KERRY AND SNOWE: During which aided them in boarding commer- The PRESIDING OFFICER. Without the Senate’s consideration of the fiscal year cial flights. We need confidence that objection, the clerk will report. 2008 Homeland Security Appropriations Act, the individual that displays this card The legislative clerk read as follows: we understand that you will offer an amend- ment to repeal the provision in the Aviation is, in fact, the rightful owner of it. And The Senator from Washington [Mrs. MUR- and Transportation Security Act (P.L 107–71) this card, the REAL ID, will provide RAY], for Mrs. CLINTON, proposes an amend- that the Transportation Security Adminis- that confidence. ment numbered 2390, as modified, to amend- tration’s procurements are to be governed The proposed regulation for the ment No. 2383. exclusively by the Federal Aviation Admin- REAL ID program sets out common Mrs. MURRAY. Mr. President, I ask istration’s Acquisition Management System standards for the security and informa- unanimous consent that the reading of (AMS) and are specifically exempt from cov- tion on the card itself. These standards the amendment be dispensed with. erage of most of the Federal procurement require: minimum data visible on the The PRESIDING OFFICER. Without laws and the Federal Acquisition Regula- tions (FAR). This amendment is identical to card, such as full names; verification of objection, it is so ordered. identity documents, such as birth cer- The amendment is as follows: the provision you offered and the Senate adopted by voice vote last year during the tificates and Social Security numbers; At the appropriate place in the bill insert Senate’s consideration of the fiscal year 2007 physical security features embedded in the following: Homeland Security Act; regrettably the pro- the card to protect privacy and make SEC. . The Secretary of Homeland Se- lll vision was not enacted into law. tampering more difficult; security of curity shall require that all contracts of the As you know, the Professional Services Department of Homeland Security that pro- manufacturing facilities and back- Council (PSC) is the principal national trade ground checks for employees handling vide award fees link such fees to successful association for companies providing services acquisition outcomes (which outcomes shall to virtually every agency of the Federal gov- these applications and cards. be specified in terms of cost, schedule, and ernment. Many of our member companies In my view, the Federal Government performance). now do business with the Transportation Se- must be a good working partner with Mrs. MURRAY. Mr. President, I be- curity Administration (TSA) and other com- the States, and this amendment, which lieve this amendment as well has been ponents of the Department of Homeland Se- provides funding for the program, is a cleared on both sides. curity. On behalf of the more than 220 mem- step in the right direction. We must Mr. COCHRAN. Mr. President, we ber companies, thank you for the invitation proceed with this program on a part- have no objection to the amendment. to provide our views on this amendment. nership concept of States and the Fed- On behalf of PSC, we support this amend- The PRESIDING OFFICER. If there ment. Bringing TSA at least under the com- eral Government working together. is no further debate on the amendment, mon rules applicable to the Department of For that reason, I am pleased to learn the question is on agreeing to the Homeland Security and to the preponderance that the National Governors Associa- amendment No. 2390, as modified. of the federal agencies will increase competi- tion supports this amendment. This

VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00057 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.001 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20396 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 program is an important step in HONORING OUR ARMED FORCES device. Sergeant Packer was assigned achieving some type of identification Mrs. BOXER. Mr. President, today I to the 2nd Battalion, 14th Infantry that will help America feel more secure rise to pay tribute to 55 young Ameri- Regiment, 2nd Brigade Combat Team, in our daily requirements to identify cans who have been killed in Iraq since 10th Mountain Division, Fort Drum, ourselves and to otherwise conduct our April 28, 2007. This brings to 777 the NY. He was from Clovis, CA. life here at home. number of soldiers who were either PFC Victor M. Fontanilla, 23, died Mr. SPECTER. Mr. President, I seek from California or based in California May 17 in Iskandariya, Iraq, of wounds recognition to offer my support for the who have been killed while serving our suffered when an improvised explosive amendment to be offered by Senator country in Iraq. This represents 21 per- device detonated near his vehicle. Pri- CASEY with regard to homeland secu- cent of all U.S. deaths in Iraq. vate First Class Fontanilla was as- rity grant timelines. This amendment PFC Jay-D H. Ornsby-Adkins, 21, died signed to the 725th Brigade Support would lengthen the amount of time on April 28 in Salman Pak, Iraq, of in- Battalion, 4th Brigade Combat Team, available to obligate funds provided in juries sustained when an improvised 25th Infantry Division, Fort Richard- fiscal year 2008 under the State Home- explosive device detonated near his son, AK. He was from Stockton, CA. land Security Grant Program and the military vehicle and then encountered SSG Christopher Moore, 28, died May Rail and Transit Security Grant Pro- small arms fire. Private First Class 19 in Baghdad, Iraq, of wounds suffered gram from a maximum of 36 months to Ornsby-Adkins was assigned to D Com- when an improvised explosive device a maximum of 48 months. pany, 1st Battalion, 15th Infantry Regi- detonated near his vehicle. Staff Ser- I am advised that several transit ment, 3rd Infantry Division, Fort geant Moore was assigned to the 1st agencies have encountered problems obligating homeland security grant Benning, GA. He was from Ione, CA. Battalion, 5th Cavalry Regiment, 2nd 1LT Travis L. Manion, 26, died on funding within the current timetable, Brigade Combat Team, 1st Cavalry Di- April 29 while conducting combat oper- particularly for large and complex vision, Fort Hood, TX. He was from ations in Al Anbar Province, Iraq. projects such as installing underground Alpaugh, CA. First Lieutenant Manion was assigned emergency communications networks PFC Joseph J. Anzack, Jr., 20, died in to 1st Reconnaissance Battalion, 1st in subway tunnels. Al Taqa, Iraq. Private First Class The Southeastern Pennsylvania Marine Division, I Marine Expedi- Anzack was initially reported as Duty Transit Authority, SEPTA, in par- tionary Force, Camp Pendleton, CA. Status Whereabouts Unknown on May ticular, has encountered problems SPC Astor A. Sunsin-Pineda, 20, died 12, 2007, when his patrol received small which have thus far prevented it from on May 2 in Baghdad, Iraq, when an im- arms fire and explosives. Private First being able to utilize federal homeland provised explosive device detonated Class Anzack was assigned to D Com- security grant dollars to install an near his military vehicle. Specialist pany, 4th Battalion, 31st Infantry Regi- emergency communications network in Sunsin-Pineda was assigned to A Com- ment, 10th Mountain Division, Fort its 20-mile subway tunnel system pany, 4th Brigade Special Troops Bat- Drum, NY. He was from Torrance, CA. which runs underneath portions of the talion, 1st Infantry Division, Fort PFC Daniel P. Cagle, 22, died in city of Philadelphia. The absence of a Riley, KS. He was from Long Beach, Balad, Iraq, died May 23 of wounds suf- communications system capable of CA. fered when an improvised explosive de- functioning underground severely lim- SGT Felix G. Gonzalez-Iraheta, 25, vice detonated near his unit in Ramadi, its the ability of SEPTA and first re- died May 3 in Baghdad, Iraq, of wounds Iraq. Private First Class Cagle was as- sponders to deal with a potential emer- suffered when his unit came in contact signed to the 3rd Battalion, 69th Armor gency in Philadelphia’s subway tunnels with enemy forces using small arms Regiment, 1st Brigade Combat Team, and does not provide an adequate level fire. Sergeant Gonzalez-Iraheta was as- 3rd Infantry Division, Fort Stewart, of protection for the traveling public. signed to the 1st Battalion, 18th Infan- GA. He was from Carson, CA. try Regiment, 2nd Brigade Combat Specifically, SEPTA claims that a 3- CPL Victor H. Toledo Pulido, 22, died Team, 1st Infantry Division, year period is not sufficient time to co- May 23 in Al Nahrawan, Iraq, of wounds Schweinfurt, Germany. He was from ordinate regional interoperability suffered when an improvised explosive issues with the city of Philadelphia and Sun Valley, CA. Cpl Charles O. Palmer II, 36, died device detonated near his vehicle. Cor- the surrounding first responder agen- poral Toledo Pulido was assigned to 3d cies. It is my understanding that pre- May 5 while conducting combat oper- ations in Al Anbar Province, Iraq. Cor- Squadron, 1st Cavalry Regiment, 3rd liminary engineering requirements and Brigade Combat Team, 3rd Infantry Di- the time associated with procuring the poral Palmer was assigned to 8th Com- munication Battalion, II Marine Expe- vision, Mechanized, Fort Benning, GA. necessary technology further com- He was from Hanford, CA. pound the problem. Finally, SEPTA ditionary Force Headquarters Group, II MEF, Camp Lejeune, NC. He was from SPC Gregory N. Millard, 22, died on claims that it does not receive enough May 26 in Salah Ad Din Province, Iraq, homeland security grant funding in a 3- Manteca, CA. PFC William A. Farrar Jr., 20, died of injuries sustained when an impro- year period to complete such a complex vised explosive device detonated near project. May 11 in Al Iskandariyah, Iraq, of his military vehicle. Specialist Millard This amendment will provide SEPTA wounds suffered when an improvised was assigned to A Company, 2nd Bat- and other transit agencies in similar explosive device detonated near his ve- talion, 505th Parachute Infantry Regi- predicaments with additional time to hicle. Private First Class Farrar was ment, 82nd Airborne Division, Fort plan, coordinate, secure technology for assigned to the 127th Military Police Bragg, NC. He was from San Diego, CA. and fund important and complex Company, 709th Military Police Bat- projects such as underground commu- talion, 18th Military Police Brigade, SGT Clayton G. Dunn II, 22, died on nications systems. I urge my col- Darmstadt, Germany. He was from May 26 in Salah Ad Din Province, Iraq, leagues to support this amendment. Redlands, CA. of injuries sustained when an impro- SPC Rhys W. Klasno, 20, died May 13 vised explosive device detonated near f in Haditha, Iraq, of wounds suffered his military vehicle. Sergeant Dunn MORNING BUSINESS when an improvised explosive device was assigned to A Company, 2nd Bat- Mrs. MURRAY. Mr. President, I ask detonated near his vehicle. Specialist talion, 505th Parachute Infantry Regi- unanimous consent that there now be a Klasno was assigned to the 1114th ment, 82nd Airborne Division, Fort period for the transaction of morning Transportation Company, Bakersfield, Bragg, NC. He was from Moreno Valley, business, with Senators permitted to CA. He was from Riverside, CA. CA. speak therein for up to 10 minutes SGT Steven M. Packer, 23, died May SPC Mark R. C. Caguioa, 21, died on each. 17 in Rushdi Mullah, Iraq, of wounds May 24 at the National Naval Medical The PRESIDING OFFICER. Without suffered when his dismounted patrol Center, Bethesda, MD, died of injuries objection, it is so ordered. encountered an improvised explosive sustained on May 4, 2007, in Baghdad,

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