17682 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 13 June 27, 2007 (2) in clause (iii)— Mr. REID. I ask unanimous consent this request, the Secretary of the Sen- (A) in the heading, by striking ‘‘YEAR’’ and the resolution be agreed to, the pre- ate be authorized to make corrections inserting ‘‘THE APPLICABLE PERIOD’’; and amble be agreed to, the motion to re- in the engrossment of this bill. (B) by striking ‘‘the year’’ and inserting consider be laid upon the table, and The PRESIDING OFFICER. Without ‘‘the period described in such clause’’. any statements be printed in the objection, it is so ordered. SEC. 3. OFFSETTING ADJUSTMENT IN MEDICARE ADVANTAGE STABILIZATION FUND. RECORD. f The PRESIDING OFFICER. Without Section 1858(e)(2)(A)(i) of the Social Secu- ORDER FOR ADJOURNMENT rity Act (42 U.S.C. 1395w–27a(e)(2)(A)(i)), as objection, it is so ordered. amended by 301 of division B of the Tax Re- The resolution (S. Res. 259) was Mr. REID. Mr. President, I ask unan- lief and Health Care Act of 2006, is amended agreed to. imous consent the Senate stand ad- by striking ‘‘the Fund during the period’’ The preamble was agreed to. journed following the remarks, for 28 and all that follows and inserting ‘‘the The resolution, with its preamble, minutes or thereabouts, or however Fund— reads as follows: much time the distinguished Senator ‘‘(I) during 2012, $1,600,000,000; and S. RES. 259 from Alabama has left under the order ‘‘(II) during 2013, $1,790,000,000.’’. before this body. When he finishes, we Mr. REID. I compliment Senators Whereas on June 24, 2007, the Oregon State University baseball team won the 2007 Col- would adjourn. BAUCUS and GRASSLEY for getting this lege World Series in Omaha, Nebraska after The PRESIDING OFFICER. The Sen- done. We were running out of time. defeating California State University, Ful- ator from Alabama. f lerton by a score of 3 to 2; Arizona State Uni- Mr. SESSIONS. Mr. President, re- versity by a score of 12 to 6; University of serving the right to object, what is the COMMENDING THE OREGON STATE California, Irvine by a score of 7 to 1; and the plan for debate time in the morning UNIVERSITY BASEBALL TEAM University of North Carolina at Chapel Hill prior to the cloture vote? I have been Mr. REID. Mr. President, I ask unan- in the championship by scores of 11 to 4 and involved in the debate and would like imous consent that the Senate proceed 9 to 3; to be involved in having some oppor- Whereas this is the second consecutive Col- to the immediate consideration of S. lege World Series championship Oregon tunity to speak in the morning prior to Res. 259, submitted earlier today. State University has won, making the Uni- the vote, if that would be appropriate. The PRESIDING OFFICER. The versity the first repeat Mr. REID. I would say through the clerk will report the resolution by champion in a decade; Chair, the time is equally divided be- title. Whereas the success of the team was a di- tween Senator KENNEDY and Senator The assistant legislative clerk read rect result of the skill, intensity, and resolve SPECTER. Whatever time the Senator as follows: of every player on the Oregon State Univer- would request, I am sure one of those sity baseball team, including Erik Ammon, A resolution (S. Res. 259) commending the Senators might yield him time. , Hunter Beaty, Scotty Berke, Mr. SESSIONS. How does that hap- Oregon State University baseball team for Reed Brown, Brian Budrow, , winning the 2007 College World Series. Bryn Card, Brett Casey, Jackson Evans, Kyle pen when they both agree on this bill? There being no objection, the Senate Foster, Drew George, Mark Grbavac, Chad Mr. REID. As I understand it, it is proceeded to consider the resolution. Hegdahl, Chris Hopkins, Koa Kahalehoe, automatic, an hour before cloture. Mr. WYDEN. Mr. President, just Greg Keim, Blake Keitzman, Josh Keller, Mr. SESSIONS. They both agreed. about a year ago, Senator SMITH and I , Joey Lakowske, Lonnie Lechelt, That is the problem. Is there any time came down to the floor of the Senate to , Mike Lissman, Anton set aside for the opposition? Maxwell, Jake McCormick, Chad Nading, take a few moments to talk about the Mr. REID. I think the Senator raises Jason Ogata, Ryan Ortiz, , a valid point there. It is for the pro- Oregon State University baseball team, Tyrell Poggemeyer, Joe Pratt, , which had just won its first College ponents of the resolution. Scott Santschi, Kraig Sitton, , Mr. SESSIONS. I ask for 10 minutes. World Series national championship Dale Solomon, , Daniel Mr. REID. I ask unanimous consent out in Omaha, NE. Turpen, John Wallace, Braden Wells, and out of Senator SPECTER’s time and Sen- I can’t tell you how happy I am to be ; ator KENNEDY’s time, you have 10 min- standing here on the floor of the Sen- Whereas freshman pitcher Jorge Reyes was utes. How is that? ate 1 year later to applaud the team’s recognized as the Most Outstanding Player of the 2007 College World Series tournament; Mr. SESSIONS. That will be fine. defense of that title. Whereas Darwin Barney, Mitch Canham, Mr. REID. Mr. President, if we wait, This is a tough, determined baseball Mike Lissman, Jorge Reyes, Scott Santschi, we are going to check to see if time has team. When most folks counted them and Joey Wong were named to the 2007 All- been allocated yet. out, they didn’t give up. After finishing College World Series tournament team; and I suggest the absence of a quorum. 6th in the Pac–10, they squeaked their Whereas the 2007 College World Series vic- The PRESIDING OFFICER. The way into the post-season and never tory of the Oregon State University baseball clerk will call the roll. looked back. team ended a terrific season in which the The assistant legislative clerk pro- On the road and at home, the Oregon team compiled a record of 49 wins to 18 losses: Now, therefore, be it ceeded to call the roll. State squad was virtually unstoppable, Resolved, That the Senate— Mr. REID. Mr. President, I ask unan- winning their last 10 games. In fact, (1) commends the Oregon State University imous consent the order for the the team trailed in just one of the 45 baseball team, Head Coach and his quorum call be rescinded. innings it played in Omaha and it was coaching staff, Athletic Director Bob The PRESIDING OFFICER. Without the first team to ever win 4 College DeCarolis, and Oregon State University objection, it is so ordered. World Series games by 6 or more runs. President Edward John Ray on their tremen- Mr. REID. Mr. President, what I had The Beavers are the first back-to- dous accomplishment in defending their 2007 requested is that the Senator from Ala- back champions since Louisiana State College World Series championship title; and bama would be recognized for 10 min- (2) respectfully requests the Secretary of University accomplished the feat back the Senate to transmit an enrolled copy of utes; five minutes would come from the in 1996–97 and the first ‘‘cold-weather’’ this resolution to the President of Oregon time of Senator KENNEDY, 5 minutes state repeat champions ever. State University. from that of Senator SPECTER, and I It is a proud day for the players and f would further say the last 20 minutes coaches on the Oregon State team. It is of the debate wouldn’t count against a proud day for the University. And it REQUEST FOR THE RETURN OF any of this time. The first 10 minutes is a proud day for all Oregonians. PAPERS—S. 1612 would be for Senator MCCONNELL, if he Today, with Senator SMITH as my co- Mr. REID. Mr. President, I ask unan- so chooses and, if I so choose, I would sponsor, I have therefore submitted a imous consent the Senate request the have the last 10 minutes, right before resolution commending the Oregon return of papers on the bill S. 1612 from the vote. That is additional time. That State University baseball team for win- the House of Representatives. I further doesn’t count against the time we have ning the 2007 College World Series. ask consent that upon compliance with allocated here earlier.

VerDate Mar 15 2010 11:38 Jun 18, 2010 Jkt 059102 PO 00000 Frm 00122 Fmt 0685 Sfmt 0634 E:\BR07\S27JN7.004 S27JN7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD June 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 13 17683 The PRESIDING OFFICER. Without Under that compromise, all of the So, bottom line, the bill is not going objection, it is so ordered. water is still going to leak out. to do what supporters are promising it The Senator from Alabama. The problem with the immigration will do. Those of us who were not in the Mr. SESSIONS. Mr. President, is it bill currently before the Senate, and I little group of grand bargainers cer- now appropriate that I utilize a few of have seen this problem repeatedly in tainly have no responsibility to affirm the minutes I have remaining—I am the immigration realm, is that when the deal they may have reached, espe- not going to use them all—before we we come up with provisions and con- cially if we know that it is not going to adjourn? Is that what we agreed to? cepts that would actually work, ones work. The PRESIDING OFFICER. The Sen- that would restore lawfulness to the If the bill before us was a good piece ator has 28 minutes. immigration system, we pull back, we of legislation and it solved the prob- The PRESIDING OFFICER. The Sen- compromise too much. In my own lems it claims to solve, then maybe we ator from Alabama is recognized for 28 mind, it has been like trying to jump would just have to hold our noses and minutes. across a 10-foot cavern, but only jump- live with this sort of secret pressure Mr. SESSIONS. Mr. President, this ing 9 feet. You still fall to the bottom. that our good friends, the masters of has been a very important day, a day You do not get across, you do not the universe, have put on us by meet- that was pretty contentious. The pro- achieve your goal. ing and writing up a bill and telling us cedural mechanism that the Majority Until we complete some of the cur- we have to take it or leave it. They tell Leader had invoked to control the de- rently inadequate enforcement provi- us they will only allow a few little bate in the Senate had its wheels come sions, until we draft a bill that will amendments, but anything that goes to off today. The plan by the group, the create a legal system that will actually the core of the legislation we will not grand bargainers and the leadership, work, compromising about this or that allow you to change. They tell us they was to push through a controlled series matter is not going to amount to are all going to stick together and vote of 27 or so amendments today. The plan much. against it amendments that offer any The bill, I do believe, as I have indi- was to vote on this controlled group of real changes to the deal. hand picked amendments, mostly by cated before, is only going to reduce il- I have had members of the group say motions to table, today. Had they legal immigration by a net 13 percent to me, and I find this very disturbing: over the next 20 years. That number voted on all of these amendments Well, JEFF, that is a pretty good comes straight from the Congressional today we would have heard claims amendment you have, but it changes Budget Office Cost Estimate on this about the full and fair amendment what we agreed on. I might agree with bill, which they released June 4th, I did process that had taken place this your amendment, but I cannot support not make it up. Our own Congressional week—even though it was all just a your amendment. That is a rather un- Budget Office, has told the Senate that show—no amendment would have got- usual way to do business on the floor of we can expect to have an additional 8.7 ten a vote unless the Majority Leader the Senate, it is not a way of doing million people illegally in our country had approved it. My amendments, Sen- business that should make us proud, after this bill becomes law. ator CORNYN’s amendments, and That is not what we had been prom- not one that is worthy of a matter of amendments by Senators DOLE, ised by the grand bargainers that this importance. VITTER, COBURN, and DEMINT would not brought this bill back to the floor. Constituents all across the country have gotten votes. That is not what they are claiming will are opposed to this legislation. I think Well, the Baucus amendment was happen. They have promised us that I earlier said 20 percent support it. I part of their plan but a surprise hap- this bill will secure the border. I as- think more accurately it is 22 percent pened, it was not tabled. As a result, sume that they mean they believe this that support this legislation. Accord- that amendment remained alive and bill will end illegal immigration. Well, ing to the latest Rasmussen poll, there the majority leader had the plan that it just simply will not secure the bor- has been a continual drop in support had been so carefully constructed, al- der and end or even substantially re- for the last 3 consecutive weeks in the most to the degree of the Normandy in- duce illegal immigration. The Congres- tracking they have been doing. vasion, come to a halt. So we are now sional Budget Office has told us it will Twice as many said they prefer no no longer voting and debating tonight. not. In the beginning, I analyzed the legislation at all to the bill that is be- But we will be getting ready for a key bill and my staff worked on it, and we fore us today. We have been told by our vote in the morning. So I would say to did not believe it would be an effective colleagues promoting this legislation, anyone who might be listening, tomor- enforcement mechanism. The Congres- that the only way to get the enforce- row morning is a very important vote. sional Budget Office has now also con- ment we want, is to vote for this legis- I believe a number of Senators who cluded that the bill will not fulfil the lation. Well, I don’t think that all en- voted yesterday to move forward on enforcement promises being made on forcement items should be held hostage this bill, some of the 64 who did, may the floor of this Senate. to amnesty, and I have just explained not be for the legislation tomorrow. I will note again that the Association why the enforcement they promise is I firmly believe that as the legisla- of Retired Border Patrol Agents round- not going to work. tion and debate has gone along this ly criticized the legislation. Two The bill does have some concepts week, more people have seen the fatal former chiefs of the Border Patrol of that are fairly significant. For exam- flaws that are in the legislation. I the United States, one of them under ple, the idea that people get legal sta- think we are going to see an erosion of President Bush, one under President tus in the form of the probationary the support tomorrow. I would say to Reagan, have strongly and totally con- benefits visa a mere 24 hours after fil- my colleagues, let’s end this tomorrow. demned the legislation. ing an amnesty application is very sig- Let’s have this bill come down tomor- The current Association of Border nificant. These are legal documents we row. Let’s not invoke cloture. Let’s not Patrol Officers opposes the legislation. will be giving them, a certification continue to move forward on this bill The former Assistant Attorney Gen- that a person is in our country legally. because the legislation cannot be fixed eral, Kris Kobach, who served in the as It can then be utilized to get a state in its present form. counsel to Attorney General Ashcroft driver’s license, a Social Security card, I have had some people ask me, JEFF, on issues dealing with immigration and and those kind of things. why can’t you compromise on this leg- national security says this bill will not So the only thing that is going to be islation? Why can’t a compromise be make us safer but will make us less done before people are given this docu- reached? Well, I would just say that if safe. So does Mr. Cutler, a former INS ment just 24 hours after filing an appli- you are trying to fix a leaky bucket, agent of many years of experience. He cation is a cursory background check. I you can’t compromise to fix the bucket is worried that we will be issuing U.S. submit to my colleagues that a full by fixing four holes in the bucket and government identities to people who background check can not possibly be leaving six more holes in the bucket. we have no idea who they really are. performed within 24 hours. The only

VerDate Mar 15 2010 11:38 Jun 18, 2010 Jkt 059102 PO 00000 Frm 00123 Fmt 0685 Sfmt 0634 E:\BR07\S27JN7.004 S27JN7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 17684 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 13 June 27, 2007 way an amnesty application will not what the American people want. I sug- embedded in the communities. We get legal status in 24 hours is if they gest that if we can come up with a can’t ask them to leave. But what had been arrested and fingerprinted credible enforcement mechanism—and about a person who ran past the Na- somewhere in the country, and their we can—then we need to enact it. Then tional Guard last December? How can fingerprints have been put into the na- we can begin to talk about the future that person be deeply embedded in our tional fingerprint index. That is really flow in immigration levels. I don’t society after sneaking in after we have the only thing that will disqualify think most people know—I am not sure said that the border is no longer open? them within that 24 hour period. most Senators have fully understood— What do you tell our Border Patrol of- But I wish my colleagues would this bill over the next 20 years will ficers when they are out there trying think back to 9/11. Several of the 9/11 double the number of people given to enforce the law and somebody just hijackers were stopped by state and green cards, legal permanent residence got past them last November and now local police at various times prior to 9/ in America. It will double the current they are free and on the path to receiv- 11 for speeding or such and each time numbers. It has only a 13-percent re- ing some type of permanent status? they were let go by local law enforce- duction in the 500,000 or so who come Congress just says: Forget it, those ment. Local law enforcement was now illegally every year. Remember, it was who snuck past the border six months aware that some of them were here il- last year when we arrested 1 million ago are going to be given a legal status legally. In the future, all of these 12 people coming into our country ille- and a path to citizenship. million would be given an identifica- gally. What kind of system is this when These concerns should not be lightly tion document that would give them our Border Patrol agents are out there dealt with. Politicians can meet and legal status, so, in fact, their position working their hearts out and risking plot and think, but you have to remem- would be enhanced to an even greater their lives to arrest a million people ber what we are doing here. This is a status than the 9/11 hijackers. They and we want to give immigration bene- great nation. A great nation creates would have U.S. government issued fits for those that snuck past our laws. That nation should see that those identification and a driver’s license. agents? laws are enforced and followed through They could travel the whole country That type of immigration system effectively. If the laws are not enforced with freedom under these documents. does not work. The way to make it then that nation loses respect. Its law So Mr. Kris Kobach and Mr. Mike work is for this Nation to state with officers lose respect. Instead, people Cutler and others have written op-eds crystal clarity that our border is not who are inclined to violate laws are en- and editorials that point out that this open anymore. Don’t bother to try to couraged. Clearly, the nation will have could be a tremendous advantage for illegally cross our border. People are more violations if that nation doesn’t terrorists, not a disadvantage. coming from all over the world, not enforce the laws it passed. The bottom These are complex issues. I think it just Mexico, to sneak across the Mexi- line is that this bill evidences a lack of would be better if our wise colleagues can border, because it is wide open in commitment to make sure that the had invited somebody like Mr. Kobach, their thoughts and it has been easier to system that is getting established will who is a professor of law now, a former get into the United States that way. It work any better than the old one. So if Assistant Attorney General, to speak is not that difficult to create the re- we are not able to establish with con- on these issues. Maybe they should ality that it is not open, and people fidence and clarity and conviction a have sought his opinion instead of the will not spend their money trying to go new system of immigration that we in- special interests they were listening to through deserts and so forth to get into tend to enforce, what is the point of when they cobbled together this polit- this country if the word gets out that legislating another immigration bill ical deal. it is no longer possible to be successful that won’t achieve those goals? Maybe they would have been better at it. That is what we need to do, reach But the American people aren’t ready off if they asked some of experts, such that tipping point. We could see a big to quit. If any Senator doubts that, I as the former chairmen of the Border drop in the flow of illegal immigrants suggest they sit at their front desk a Patrol, what they thought, or the into our country. Then we could focus while and answer the phone. That is present head of the Border Patrol Asso- on a compassionate solution to those the deal. We need as a nation to make ciation. who have been here for a long time, a decision, are we going to create a So, the question is, what do we need who have children and families and lawful system of immigration or not? to do now? The first thing we need to have jobs and solid ties to our country. That is the question. This bill answers do is take this bill off the agenda to- But the legislation before us today it in the negative. This bill is not going morrow by defeating the cloture mo- moved the date by which you could to create a legal system. To pass it is tion. Let’s just end this agony, please. make claim for legal status from Janu- one more indication of our lack of will Let’s not continue down this path. ary of 2004 to January of 2007. Basi- and commitment. It will breed cyni- Let’s say: No, it is time to pay a decent cally, no illegal alien is left behind; ev- cism and unhappiness among our con- respect to the opinions of our constitu- erybody is going to be a participant in stituents. ents. They do not like this. Let’s re- this deal. I was stunned at that. Sen- spect them. Let’s acknowledge that ator WEBB offered an excellent amend- I thank the Chair for its patience al- independent experts say this bill will ment today on that point to say it lowing me to wrap up. I do believe the not work. This is not just the opinions ought to go back 4 years. Why would last vote on the Baucus amendment of some radio talk show hosts, as I we do that? The reason that is impor- that did not table the amendment sent have heard my colleagues talking tant is because we made an announce- a signal that Senators are frustrated about this week, but we have inde- ment that we were going to close the and uneasy about this process. I do be- pendent experts saying it will not border down. The President said so. He lieve more and more Senators, some of work. I will just observe that the radio looked the American people in the eye whom voted for cloture just yesterday, talk show hosts know more about the and said we were going to do this. He may not vote for cloture tomorrow. bill than most of the Senators do, if called out the National Guard last I urge my colleagues not to worry. you want to know the truth. year, and the National Guard has been The issue is not going away. We have But at any rate, this is where we are. at the border, I guess, now over a year. had it going since 1986. Just because I think we ought to come down with it. This bill would say, if you got past this grand compromise by the grand We should probably follow what the the National Guard before last Decem- compromisers didn’t work does not people have suggested in the polling ber 31, then you are in the pot. And the mean we don’t have a problem that data that I saw. The American people argument that I have heard is that we needs to be fixed. But next time let’s would favor incremental steps empha- need to do something about the people make sure we do it right for our coun- sizing enforcement. There are some who have been here for a long time. try. things that we could do to achieve They have children. They are deeply I thank the Chair and yield the floor.

VerDate Mar 15 2010 11:38 Jun 18, 2010 Jkt 059102 PO 00000 Frm 00124 Fmt 0685 Sfmt 0634 E:\BR07\S27JN7.004 S27JN7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD June 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 13 17685 ADJOURNMENT UNTIL 9:30 A.M. NOMINATIONS MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY. (NEW POSITION) TOMORROW Executive nominations received by the Senate June 27, 2007: EXECUTIVE OFFICE OF THE PRESIDENT The PRESIDING OFFICER (Mr. DEPARTMENT OF STATE SCOTT M. BURNS, OF UTAH, TO BE DEPUTY DIRECTOR SALAZAR). Under the previous order, OF NATIONAL DRUG CONTROL POLICY, VICE MARY ANN GEORGE A. KROL, OF NEW JERSEY, A CAREER MEMBER SOLBERG, RESIGNED. the Senate stands adjourned until 9:30 OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND THE JUDICIARY a.m. tomorrow. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA Thereupon, the Senate, at 8:10 p.m., TO TURKMENISTAN. REED CHARLES O’CONNOR, OF TEXAS, TO BE UNITED FEDERAL EMERGENCY MANAGEMENT AGENCY STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT adjourned until Thursday, June 28, OF TEXAS, VICE A. JOE FISH, RETIRING. W. ROSS ASHLEY, III, OF VIRGINIA, TO BE AN ASSIST- 2007, at 9:30 a.m. ANT ADMINISTRATOR OF THE FEDERAL EMERGENCY

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