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 the quorum call be rescinded.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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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