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

Vol. 153 WASHINGTON, TUESDAY, OCTOBER 23, 2007 No. 161 Senate The Senate met at 10 a.m. and was APPOINTMENT OF ACTING lobby of the U.S. Marine Corps’ head- called to order by the Honorable JON PRESIDENT PRO TEMPORE quarters. The bomb exploded with the TESTER, a Senator from the State of The PRESIDING OFFICER. The force of 18,000 pounds of dynamite. It Montana. clerk will please read a communication transformed the four-story cinder The PRESIDING OFFICER. Today’s to the Senate from the President pro block building into rubble. opening prayer will be offered by Cap- tempore (Mr. BYRD). It was so powerful, the U.S. District tain Margaret Kibben, United States The assistant clerk read the fol- Court for the District of Columbia Navy. lowing letter: later described it as ‘‘the largest non- U.S. SENATE, nuclear explosion that had ever been PRAYER PRESIDENT PRO TEMPORE, detonated on the face of the Earth.’’ The guest chaplain offered the fol- Washington, DC, October 23, 2007. Some of the men and women lost lowing prayer: To the Senate: that day were murdered in their sleep. Let us pray. Under the provisions of rule I, paragraph 3, Others who saw the truck come crash- Gracious Creator, whose presence of the Standing Rules of the Senate, I hereby ing in may have seen the face of the appoint the Honorable JON TESTER, a Sen- permeates like sunlight, whose mercy ator from the State of Montana, to perform enemy as their last sight on Earth. Ei- is revealed through Your ceaseless the duties of the Chair. ther way, 241 Americans wearing their compassion, and whose authority has ROBERT C. BYRD, country’s uniform were killed in a bru- called the world into being, we call on President pro tempore. tal attack that shocked America and You to bring forth this day in accord- Mr. TESTER thereupon assumed the the world. ance with Your grace plan. chair as Acting President pro tempore. Five Kentuckians were among the 241 As the men and women who serve in who died in that attack. They were: f the Senate gather together in this PFC Sidney James Decker, U.S. Marine Chamber to exercise the processes of RECOGNITION OF THE MINORITY Corps, of Clarkson, KY; LCpl Virgil D. power and politics, remind them that it LEADER Hamilton, U.S. Marine Corps, of is Your transcendence that presides The ACTING PRESIDENT pro tem- McDowell, KY; Hospital Corpsman 3rd over today’s deliberations, Your mer- pore. The Republican leader is recog- Class Robert S. Holland, U.S. Navy, of ciful will that guides the political de- nized. Gilbertsville, KY; SGT Thomas C. bate, and Your ultimate authority that Keown, U.S. Marine Corps, of Louis- is the source and foundation of their f ville, KY; and SGT Daniel S. Kluck, objectives. MARKING THE 24TH ANNIVERSARY U.S. Army, of Owensboro, KY. So reminded, ordain these elected of- OF THE U.S. MARINE BARRACKS Terrorists and their favorite tactic— ficials this day to wield this Nation’s BOMBING IN BEIRUT, LEBANON the suicide attack—are still with us legislative power guided by Your pres- Mr. MCCONNELL. Mr. President, today. Thankfully for America, so are ence; to engage in partisan discourse in normally the majority leader would the U.S. Marines. response to Your mercy; and to align proceed first. Since he is not on the Founded in 1775, the U.S. Marine their objectives in accordance with floor at the moment, I wish to make a Corps has been ‘‘at the tip of the Your authority, so that all that is said few remarks on leader time here as we spear’’ in every one of this Nation’s and done here may reflect Your pres- get started. wars, and they will never be stopped by ence, Your mercy, and Your power. I rise today in honor of the 241 U.S. a terrorist’s suicide attack. This No- We stand in Your grace and pray in marines, sailors, and soldiers who were vember, the country will celebrate the Your holy Name. Amen. killed in a despicable suicide bombing Corps’ 232nd birthday, and thank them attack on the U.S. Marine barracks in for defending our freedoms. f Beirut, Lebanon. That attack occurred By taking the fight to the terrorists 24 years ago today on October 23, 1983. wherever they hide, the Marines have PLEDGE OF ALLEGIANCE President Ronald Reagan had dis- put terrorists on the defensive, making The Honorable JON TESTER led the patched U.S. forces in 1982 to maintain it less likely they will hit us again here Pledge of Allegiance, as follows: the peace in Lebanon. On the morning at home. By their courage on the bat- I pledge allegiance to the Flag of the of October 23, one Lebanese terrorist tlefield and constant risk of danger, to- United States of America and to the Repub- drove a truck packed with explosives day’s Marines honor every one of their lic for which it stands, one nation under God, through three guard posts and a forebears who died defending our coun- indivisible, with liberty and justice for all. barbed-wire fence, straight into the try.

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

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VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13206 CONGRESSIONAL RECORD — SENATE October 23, 2007 America still remembers her brave Mr. HARKIN. Mr. President, we en- money to follow the people who had men and women lost in the Marine bar- tered into a unanimous consent agree- the problem. racks bombing of 1983. We honor them ment last night. I will repeat it for the Today, in this bill, there is an ear- and their families for their sacrifice. benefit of Senators. mark that provides for money now to We continue to fight terror today with Senators should be aware that we go to people who may no longer even a steady hand, even if it is at times will now start a series of debates and exist—people who are dead. It is a way paired with a heavy heart. And we are we will stack the votes. The first that they are trying to change the au- proud of the brave men and women who amendment will be the amendment of thorization process we went through so fight for their country against the the Senator from Wyoming, Mr. ENZI, meticulously, so unanimously, in such would-be terrorists of today and tomor- amendment No. 3437. There will be 30 a way that it undoes it in an appropria- row. minutes of debate equally divided. tions bill. We shouldn’t be changing Mr. President, I yield the floor. That will be the first one. law in an appropriations bill. We espe- f The second one will be the amend- cially shouldn’t be changing law for a ment of the Senator from South Caro- specific area of the country in an ap- RESERVATION OF LEADER TIME lina, Mr. DEMINT; that is amendment propriations bill. That is why I bring The ACTING PRESIDENT pro tem- No. 3387. There will be 20 minutes of de- this amendment. pore. Under the previous order, the bate equally divided. I want to discuss the Ryan White pro- leadership time is reserved. The third one would be the amend- gram and the need to ensure that this f ment No. 3365 by the Senator from Labor-HHS bill does not undo our re- Kansas, Senator ROBERTS. There will cent work. Last December, after DEPARTMENTS OF LABOR, be 10 minutes of debate equally di- months of negotiations, the House and HEALTH AND HUMAN SERVICES, vided. the Senate passed a new 3-year Ryan AND EDUCATION APPROPRIA- Then the fourth one would be the White reauthorization. Most impor- TIONS ACT, 2008 amendment No. 3358 offered by the Sen- tantly, we ensured that those new for- The ACTING PRESIDENT pro tem- ator from Oklahoma, Senator COBURN. mulas focused on the lifesaving treat- pore. Under the previous order, the There will be 20 minutes of debate ment by including individuals with Senate will resume consideration of equally divided. At the end of all of HIV, not just AIDS. that time, the Senate will proceed to H.R. 3043, which the clerk will report. One of the key items that delayed vote on and in relation to those amend- The assistant legislative clerk read this reauthorization for months was ments. as follows: the careful negotiations surrounding We are ready for the amendment of A bill (H.R. 3043) making appropriations the funding formulas. In that bipar- the Senator from Wyoming as soon as for the Departments of Labor, Health and tisan, bicameral agreement, we were he arrives, and he is here. Human Services, and Education and related very clear about the implications of agencies for the fiscal year ending Sep- AMENDMENT NO. 3437 TO AMENDMENT NO. 3325 tember 30, 2008, and for other purposes. those new formula changes. We pro- Mr. ENZI. Mr. President, I call up vided GAO data runs that were nearly Pending: amendment No. 3437. identical to how the funding has been Harkin/Specter amendment No. 3325, in the The ACTING PRESIDENT pro tem- distributed. I hope everybody takes a nature of a substitute. pore. The clerk will report. look at those GAO data runs. Vitter amendment No. 3328 (to amendment The assistant legislative clerk read Those funding formulas also included No. 3325), to provide a limitation on funds as follows: with respect to preventing the importation hold-harmless provisions to ensure the The Senator from Wyoming [Mr. ENZI] pro- by individuals of prescription drugs from formula funding would not decrease by poses an amendment numbered 3437. Canada. more than 5 percent from the previous Dorgan amendment No. 3345 (to amend- Mr. ENZI. Mr. President, I ask unani- year. While I would have preferred no ment No. 3325), to require that the Secretary mous consent that the reading of the hold-harmless provisions or ones that of Labor report to Congress regarding jobs amendment be dispensed with. allowed for more dramatic fluctuations lost and created as a result of the North The ACTING PRESIDENT pro tem- so the money could follow the HIV-in- American Free Trade Agreement. pore. Without objection, it is so or- Ensign amendment No. 3342 (to amendment fected person, that was what we agreed dered. upon a few short months ago. No. 3325), to prohibit the use of funds to ad- The amendment is as follows: minister Social Security benefit payments We didn’t pull the wool over anyone’s under a totalization agreement with Mexico. AMENDMENT NO. 3437 eyes; we provided clear information Ensign amendment No. 3352 (to amendment (Purpose: To prohibit the use of funds to about the implications about those No. 3325), to prohibit the use of funds to proc- modify certain HIV/AIDS funding formulas) funding formulas. Now, with one sim- ess claims based on illegal work for purposes At the appropriate place in title II, insert ple pen stroke, the House majority of receiving Social Security benefits. the following: would like to undo all of those care- Lautenberg/Snowe amendment No. 3350 (to SEC. ll. Notwithstanding any other pro- amendment No. 3325), to prohibit the use of vision of law, no funds shall be made avail- fully crafted, bipartisan, bicameral funds to provide abstinence education that able under this Act to modify the HIV/AIDS compromises and insert a new hold- includes information that is medically inac- funding formulas under title XXVI of the harmless provision with little thought curate. Public Health Service Act. to how this change will affect others. I Roberts amendment No. 3365 (to amend- Mr. ENZI. Mr. President, at the am pleased to note that the Senate did ment No. 3325), to fund the small business present time, the last numbers that I not include this egregious provision, childcare grant program. and I hope today the Senate will go on Coburn amendment No. 3358 (to amend- saw, Congress’s approval rating was 12 ment No. 3325), to require Congress to pro- percent. There is a reason for that. We record for opposing doing so. vide health care for all children in the U.S. have been nibbling around the edges on What is even more ridiculous is that before funding special interest pork projects. a lot of things, and we have been doing this provision primarily benefits San Chambliss modified amendment No. 3391 earmarks. I have an amendment that Francisco, a city that continues to re- (to amendment No. 3325), to provide for a deals with one of the most egregious ceive funding to care for dead people. declaration of a public health emergency earmarks I have seen. San Francisco received two-thirds of with respect to Sumter County, GA. Less than a year ago we passed a bill the $9 million available, racking up $6 Cardin amendment No. 3400 (to amendment No. 3325), to provide support to Iraqis and Af- in this body unanimously, that the million of new dollars. All the while, ghans who arrive in the United States under House then passed unanimously, that nearly every other city would have re- the Special Immigrant Visa program. addressed the Ryan White AIDS pro- duced funding just so San Francisco Landrieu amendment No. 3446 (to amend- gram, and it included transparency, it can receive more riches. That addi- ment No. 3325), relative to the Elementary included accountability, and it in- tional $6 million is not based on the and Secondary School Counseling program. cluded a change in the formula. The number of people they are treating or The ACTING PRESIDENT pro tem- change in the formula gave some pro- on how many new cases they have. As pore. The Senator from Iowa is recog- tection to those who have had a declin- a hold-harmless provision, it is related nized. ing population, but it allowed the to what that city has received before.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13207 As GAO noted in the report last the disease. By taking an extra $6.2 Senator ENZI, Senator KENNEDY, and month, even within their current fund- million and sending it to San Fran- the rest of the HELP Committee ing, they are receiving money for peo- cisco, it violates, No. 1, the agreement worked tirelessly for most of last year ple who have died. Let me repeat that. on that bill, but most importantly, it to reauthorize the Ryan White CARE GAO, the Government Accountability takes away the opportunity for health Act. I voted for this reauthorization, Office, confirmed that San Francisco for minority women, which is where and I recognized at the time that the currently receives funding under Ryan the disease is growing the greatest method of counting HIV/AIDS victims White for dead people. That is without amount. We have all these women had to change to more clearly reflect this additional $6 million earmark. throughout the country who have been living victims. However, this then Now, I don’t know about my col- on waiting lists for drugs for treat- mandated huge cuts to vital programs, leagues, but I find this a little rep- ment. They are getting some, but they despite the fact that States and eligi- rehensible. Where I come from, that is are not getting what is going to save ble metropolitan areas were assured called cheating. This is patently unfair their lives. And we are going to steal that no jurisdiction would face desta- to those cities and States that are that opportunity for minority women bilizing losses. striving to come up with the moneys to be adequately and fairly treated The HELP Committee staff provided for basic HIV/AIDS treatment. under this bill. GAO data during the debate projecting House Democrats reneged on a bipar- The Ryan White bill we passed last that San Francisco would receive ap- tisan, bicameral solution and are try- year was a good compromise, knowing proximately $17.1 million in fiscal year ing to slide this authorizing legislation that we needed to shift money to where 2007. But San Francisco did not receive into an appropriations bill, hoping no the disease is. What happened in the that amount. Their formula award to- one will notice. Well, I noticed. I object House bill is we have actually reneged taled $14.6 million, which is $2.5 million to this provision and the implications on that commitment. What we are ac- less than estimated. of it. Rather than providing nearly $10 tually saying is that the establishment A compromise was to offset losses by million to help those cities that don’t age groups in northern California de- clearly making available supplemental need it, why aren’t we providing funds serve more money than a single Afri- award funding so that the Health Re- to those cities with large numbers of can-American woman who was infected sources and Services Administration people with HIV? with HIV and cannot get the medicines could consider the funding losses when So I offer my amendment to Labor- to treat her disease. That is the choice. awarding this supplemental funding. HHS, Enzi amendment No. 3437. This For the first time, the Ryan White This amendment seeks to do away with amendment is quite simple. It states Act changed the direction of where the all of this. that the Labor-HHS bill cannot be used money went. The Ryan White Act, as Despite these estimates and built-in to undo all of the work we did on Ryan we passed it, had the money following protection, several areas of the country White. We should not be diverting key the disease, going to those who need received significant funding cuts when funds from cities with rising HIV cases treatment rather than to established the 2007 awards were announced earlier to go to San Francisco—a city that is organizations that are used to a cer- this year. still receiving funds for treating people tain budget. So the tragedy will be The San Francisco eligible metro- who have already died from AIDS. If that if we don’t pass the Enzi amend- politan areas, which also include Marin you support keeping people alive, I be- ment, we are taking a step backward and San Mateo Counties, lost approxi- lieve you should also support my from the very principle—a public mately $8.5 million. That is just those amendment. We did last December. We health principle, by the way—that you three counties—an $8.5 million loss. should again. We need to keep it on put the money where the epidemic is. This accounts for 30 percent of the track to take care of the problem. What is in the House bill negates that. Ryan White funding—a loss too great I yield some time to my fellow Sen- What we are doing is playing politics for any jurisdiction to absorb in 1 year. ator from Oklahoma, such time as he with the lives of African-American It didn’t surprise me when San Fran- would like. women, who are the fastest growing cisco lost money in 2007. The city knew The ACTING PRESIDENT pro tem- numbers of people who have HIV in it would likely face losses. But the pro- pore. The Senator from Oklahoma is this country. We are taking $6.2 mil- tections put in place clearly were not recognized. lion away from them and we are put- adequate. The loss of one-third of total Mr. COBURN. Mr. President, I wish ting it in facilities that, quite frankly, funding is clearly destabilizing. To be to make a few comments about what is have done quite well under the Ryan very candid with you, I find it highly in the bill and what is going to happen White Act. The availability, the access, objectionable. if we don’t accept Senator ENZI’s and the programs are at the greatest This isn’t only unique for San Fran- amendment. level in San Francisco as compared to cisco. Five other cities also lost 20 per- When we crafted the Ryan White Act, any other place in this country. Yet we cent or more of their funding: Hartford, the goal was to make sure the dollars choose, if we do not accept the Enzi CT, 32.1 percent; New Haven, CT, 23.7 followed the disease and to make sure amendment, to say that is a higher pri- percent; Nassau-Suffolk County, NY, people who were infected with HIV who ority than a poor African-American 21.7 percent; Ponce, Puerto Rico, 28.9 had no other means of seeking treat- woman in the South. That is the percent; Caguas, Puerto Rico, 34.3 per- ment and having a life that is not the choice. cent. scourge of this disease with the modern I support this amendment. I think No jurisdiction can absorb cuts of medicines that have come about, to the Senate, in good conscience, ought this magnitude in 1 year without sig- create a platform where we could have to live up to its agreement on the Ryan nificant harm to those they serve. To fair availability for medicines and White Act. address this, the House of Representa- treatment and care to where the dis- I yield back my time. tives included a stop-loss provision to ease is growing. The ACTING PRESIDENT pro tem- cap the losses faced by these jurisdic- What has come out of the House, pore. The Senator from California is tions in their version of the fiscal year with Speaker PELOSI’s direction, is to recognized. 2008 Labor-HHS appropriations bill. actually take money from African- Mrs. FEINSTEIN. Mr. President, I This provision limits the fiscal year American women and the medicines rise in opposition to the Enzi amend- 2007 losses for eligible metropolitan they need to stay alive, or medicines to ment. I congratulate the chairman and areas, or EMAs, to 8.4 percent—not 30 treat their newborn infants, and send it the ranking member for the work they percent but 8.4 percent—which is a to San Francisco, which in the last few have done on this bill. But this amend- manageable amount. Transitional years has not even spent the entire ment significantly disadvantages at grant areas will have their losses amount of money that has gone to it. least nine jurisdictions facing HIV/ capped at 13.4 percent. Senator ENZI is right in the fact that AIDS crises throughout the country So there is a willingness to respond this violates the very agreement we because it essentially would prevent to the mandate; that is, change your made over a long period of time to get any stop-loss provision enacted by the method of counting and, secondly, ab- Ryan White funds to start following House from going into effect. sorb reasonable cuts. I don’t think that

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13208 CONGRESSIONAL RECORD — SENATE October 23, 2007 is too much to ask. I think this is over- large purple lesions all over their bod- cent cut in 1 year when you have the kill. ies, and we don’t know what it is. largest number of HIV/AIDS victims in I was the mayor who first found His name is Merv Silverman. I said: the history of the epidemic in a city AIDS, and I can take you back to 1981 Merv, find out what it is and come that has suffered such as no other city and I can tell you what it was like. You back and tell me. in America. I am not saying there won’t like it. What I tried to do in the Three weeks later, they came back, shouldn’t be cuts. I voted for the reau- task force of the Conference of Mayors and it was the discovery for the first thorization knowing there would be was to bring mayors into the modern time of AIDS in this country. So I feel cuts. What I am talking about is the day. San Francisco essentially led the very sensitive about it. I started the level of cuts and the way these cuts fall Nation in the fight against AIDS. I first AIDS program in the Nation. We because they decimate programs in an think to have to take a 30-percent cut, funded it with property tax dollars. area that was ground zero on AIDS in when we are seeing some regeneration That is how we became a leader in the the United States. of AIDS, is a terrible mistake. area. If you are going to take cuts, take Senator ENZI’s amendment could nul- To take a 30-percent cut when we those cuts so the communities involved lify the House’s solution. Let me be have the largest number of HIV/AIDS in fighting HIV with prevention, with clear. Under the House language, San victims in our history in the city, to education, with care, with treatment, Francisco would still lose $2.3 million. me, is discriminatory, wrongheaded, with drugs, with all of it, can essen- All of the cities will still face signifi- and it need not happen. So I very much tially meet the mandate, which is to cant cuts. This provision is designed hope this body will respond. prevent the suffering of AIDS in HIV not to stop all reductions but to limit I understand Senator ENZI wants to patients and also to prevent the disease them to a level that can be absorbed in protect the reauthorization and the from spreading. That is not easy to do, 1 year. The House provided funding for funding formula he authored, but I I can tell you that firsthand. the stop-loss on top of a $23 million in- think we have to admit that the im- You take a 30-percent cut in 1 year crease for part A of the Ryan White pact on some areas of the country was and you decimate these programs. That CARE Act. So virtually every area not anticipated. Fixing these unin- is why the House put the stop-loss in. across the country sees an increase in tended consequences does not require Take a moderate cut, and we will stand funding. But these areas take a dra- reopening the legislation. It can be ad- up like men and women and we will matic 30-percent cut in funding. I don’t dressed with a one-time solution that take that cut. Take a third cut and it think that is right, and I don’t believe will still leave some cities with a de- is much more difficult and you affect we should accept it. cline in funds; that means the House services to people. That is all I am say- The Government Accountability Of- solution of stop-loss. ing. I urge my colleagues to join me in fice examined the impact this stop-loss So I would very much hope the Sen- opposing the Enzi amendment, which provision would have on jurisdictions ate would understand the need and the would strike a dastardly blow to a city in 2008. In addition to benefiting the 11 compassion to defeat this amendment that has seen too much suffering, as jurisdictions whose cuts are reduced, and, once again, I would urge a ‘‘no’’ well as others. the House bill results in increased vote. I thank the chair and yield the floor. The ACTING PRESIDENT pro tem- funding for 42 of the remaining 45 juris- The ACTING PRESIDENT pro tem- pore. The Senator from Wyoming. dictions. The very minor cuts projected pore. Who yields time? Mr. ENZI. Mr. President, before we in the remaining three jurisdictions Mr. ENSIGN. I yield to the Senator passed the legislation, there were wait- are less than one-tenth of 1 percent. A from Oklahoma. ing lines in many of the States in this reduction of 30-percent is simply not Mr. COBURN. Mr. President, I wish country, lines of people waiting to get manageable. to make a couple of points. treatment and care for AIDS. I am The provision makes no changes to I know this is a large step down for pleased to let you know there are no the underlying reauthorization. It San Francisco EMA and a smaller step waiting lines today. No waiting lines doesn’t prevent it from moving forward down for some of the others. But the anywhere—not in San Francisco, not in at all. It caps the total losses faced by thing that needs to be kept in mind is Connecticut, not in New Jersey or in any jurisdiction in fiscal year 2007 with the amount of dollars spent per HIV New York. a one-time solution. It doesn’t reopen patient in those areas is 21⁄2 times what There has been a cut. The cut is the reauthorization so carefully crafted the average is around the rest of the guaranteed to be no more than 5 per- by Senators KENNEDY and ENZI and country—21⁄2 times. We spend 21⁄2 times cent under the formula. Now, there has their committee. more per HIV case in those areas than always been supplemental money be- The epidemic, as I mentioned, is far we do in North Carolina or Florida or sides the formula. We did not guar- from over in San Francisco. AIDS con- Mississippi or Michigan or Kansas or antee the supplemental money. The tinues to be the second leading cause of Texas or Arizona. So what we are talk- supplemental money was never guaran- premature death in the city and count- ing about is proportionality; giving the teed. And if there are larger cuts, it ing. Nearly 23,000 people are currently same opportunities to everybody who comes out of the supplemental money, living with HIV/AIDS in San Francisco, has HIV, not more opportunities. not the formula. So I certainly hope we which is more than at any point in the So with the 30-percent cut, you are don’t change the formula under the ap- epidemic. Listen to that—nearly 23,000 still going to be spending 11⁄2 to 13⁄4 propriations bill instead of through the people in San Francisco are living with times more per HIV case in San Fran- proper process, which is authorization. HIV now, and that is more than at any cisco as you are in the rest of the coun- Mr. President, I ask unanimous con- point during the epidemic. In addition, try. So I appreciate the work of the sent to have printed in the RECORD a the population of San Francisco living Senator in the HIV area, which is ex- letter from the Department of Health with HIV/AIDS is increasingly impov- emplary, and I understand she would and Human Services in North Carolina erished, homeless, and struggling. want to protect this, but it is not fair with some very pertinent quotes. Many have serious medical needs. to the rest of the country. It is not fair There being no objection, the mate- About 2 weeks ago, the San Fran- to tell somebody that you are going to rial was ordered to be printed in the cisco Chronicle reported that San spend 21⁄2 times as much on somebody RECORD, as follows: Francisco doctors diagnosed 15 HIV pa- with HIV in San Francisco as you are NORTH CAROLINA DEPARTMENT tients with Kaposi sarcoma. That is a in Dallas, TX, or Miami, FL. That is OF HEALTH AND HUMAN SERVICES, form of cancer commonly found in pa- what this amendment is about—keep- October 15, 2007. tients early in the epidemic but had be- ing the fairness that was in the Ryan Hon. MICHAEL ENZI, Ranking Member, Committee on Health, Edu- come rare. White Act. I will never forget, in a staff meeting cation, Labor, and Pensions, Hart Senate I yield the floor. Office Building, Washington, DC. I had with department heads back in The ACTING PRESIDENT pro tem- DEAR SENATOR ENZI: Thanks to your lead- 1981, when the director of public health pore. The Senator from California. ership on the Committee on Health, Edu- said: Madam Mayor, something is hap- Mrs. FEINSTEIN. Mr. President, I cation, Labor, and Pensions (HELP), Con- pening. We are finding patients with don’t think it is fair to take a 30-per- gress took an important step last year and

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13209 modernized the Ryan White CARE Act Mrs. FEINSTEIN. Through the Chair, I am very sympathetic to San Fran- (RWCA). You and many of your congres- Mr. President, if I may, to the distin- cisco’s problem and I understand the sional colleagues—both Democrats and Re- guished Senator from Pennsylvania, distinguished Senator from California publicans—took a principled stance in order to ensure that patients in need, no matter first of all, it is my knowledge that the was mayor of San Francisco and it is where they live, can access basic medical cut to San Francisco and to 11 other within the district of the Speaker of services to treat and prevent HIV. jurisdictions is very large. With respect the House, so I understand their inter- The new Ryan White program funding is to the reauthorization of Ryan White, est there—what I am trying to evalu- having a profound impact in North Carolina. we do not agree that it applies only to ate is whether there is undue funding The increase in North Carolina’s AIDS Drug the fiscal year 2007 cuts. It takes re- going because of the prominence of the Assistance Program (ADAP) eligibility from advocates of the position by the Sen- 125% to 250% over the past two years is the sources, actually, from other jurisdic- direct result of your legislative initiative, tions. The Pelosi fix in the House en- ator from California. resources provided by the new Ryan White sures a significant increase for title I I think I understand it now and I will funding and new state investments. The in- that would both reduce cuts to a man- weigh and consider it. I thank the Sen- creased eligibility levels will result in ap- ageable level for 11 jurisdictions and ator from California for yielding me proximately 600–750 new North Carolinians still increase for other jurisdictions. So the time. having access to ADAP services. The reforms this isn’t taking money away from Mr. ENZI. Mr. President, I yield back you championed are making a crucial dif- the remainder of my time. ference in the lives of people living with HIV. other jurisdictions, as I understand it. The provisions in the House bill in- Mrs. FEINSTEIN. I yield back the re- Unfortunately, an effort is underway in the mainder of my time. Congress to modify the original intent of the creases funding for 42 of the remaining The ACTING PRESIDENT pro tem- reauthorization—that funding would be 45 jurisdictions under title I. pore. Time is yielded back. based on demonstrated need. As you are Now, I don’t know the particulars, to aware, according to a Health Resources Serv- Mr. HARKIN. Mr. President, under be candid with you, of how these cuts the unanimous consent agreement en- ices Agency document and the newly-re- fell, but I do know the cut received in leased GAO report that you and your col- tered into last night, I believe the Sen- leagues requested, the impact of the House- the Bay Area was substantial. I suspect ator from South Carolina would be rec- passed version of the FY2008 Labor-HHS Ap- it was from the way they counted AIDS ognized next for amendment No. 3387, propriations bill that would cap losses for cases, and they knew they had to with 20 minutes of debate equally di- certain EMAs would result in decreased change the methodology. But basically vided. funding for states that would have otherwise the point is the cut is substantially Mr. President, I ask unanimous con- received new funding based on higher inci- large and means you have to cut 30 per- dence of HIV. sent that the Senate now proceed to As a direct result of your efforts last year, cent across the board of AIDS pro- the consideration of the Roberts North Carolina and other parts of the coun- grams at a time when San Francisco amendment first, and then we would, try that have been hit hardest by new HIV has the largest number of HIV/AIDS after the disposal of the Roberts cases now have a fighting chance to effec- cases in its history—23,000. amendment, then proceed to the tively increase HIV screening, link infected Mr. SPECTER addressed the Chair. DeMint amendment. individuals to care and reduce the number of The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- HIV infections reported from year-to-year. If pore. Who yields time to the Senator? pore. Is there objection? The chair this attempt to undermine the basic premise The time is controlled by the Senator of the landmark Ryan White HIV/AIDS hears none, and it is so ordered. Treatment Modernization Act of 2006 is suc- from Wyoming and the Senator from The Roberts amendment has been cessful, CARE Act funding will be diverted California. Who yields time? proposed and is now pending. The Sen- from regions of the country that are most in Mrs. FEINSTEIN. May I ask how ator from Kansas. need of federal assistance. Unless the harm- much additional time I have? AMENDMENT NO. 3365 ful provision in the appropriations legisla- The ACTING PRESIDENT pro tem- Mr. ROBERTS. Mr. President, I rise tion is eliminated, I am gravely concerned pore. A minute 10. in support of the Roberts amendment, for patients who are in desperate need of life- Mrs. FEINSTEIN. A minute 10. I am No. 3365, to fund a small business saving medical care, individuals who will be not sure I should yield it to the Sen- newly infected because their partners did not childcare grant program. The program have access to CARE Act services and ulti- ator. was authorized earlier this year as part mately, the future prospects of addressing Mr. SPECTER. That is up to the Sen- of the supplemental spending bill. It the HIV epidemic in North Carolina and ator. I am not decided on how I am does have wide bipartisan support at throughout the country. going to vote, so you have to decide this time, as well as last Congress Thank you for your leadership on the that question and I will decide— when it was unanimously approved by Health Subcommittee, and thank you for Mrs. FEINSTEIN. I beg your pardon? the HELP Committee as part of the your attention to this important issue. Whose side did you say? Sincerely, Child Care Community Development Mr. SPECTER. I am considering it. EVELYN FOUST, Block Grant. State AIDS Director. Mrs. FEINSTEIN. Oh. Then I will This program is different from other yield. If the mind is open, I am happy Mr. ENZI. Mr. President, I yield the childcare initiatives because it specifi- to yield. floor, and I reserve my remaining time. cally targets small businesses and be- The ACTING PRESIDENT pro tem- Mr. SPECTER. I know it is cause it encourages them to work to- pore. The Senator from Pennsylvania. unsenatorial to say that, but I haven’t gether. These small businesses are the Mr. SPECTER. Mr. President, in lis- made up my mind. lifeblood of many urban and rural com- tening to this debate and having re- The ACTING PRESIDENT pro tem- munities. These grants will allow the ceived a letter from the Speaker, the pore. The Senator from Pennsylvania. local convenience store or the beauty concerns I have are whether there was Mr. SPECTER. I was listening to the shop, the auto shop, the implement a disproportionate share going to some Senator from Wyoming and the Sen- dealer, the bank, to cooperatively work localities in California. ator from California and trying to fig- together to offer their employees qual- If I could direct a question to the ure it out. I don’t want to be too ity childcare while they work. Right Senator from California: What is your unsenatorial, to think about it, but now, these daycare facilities are sim- response to the concerns raised by the that is where I am. ply not available. Senator from Wyoming that the for- Mrs. FEINSTEIN. I would be happy My program is also different from mula was settled last year and that to yield my remaining minute to the other grants because it encourages sus- this, in effect, reopens the formula and Senator from Pennsylvania. tainability and ownership over these is going to direct funds to areas in your Mr. SPECTER. The problem is one of childcare facilities. With an annual in- State where those funds could be di- enormous seriousness, and it is very creasing match requirement and a 2012 rected to the same serious problem difficult to find the funding with what sunset provision, my program offers a which Pennsylvania has in our big cit- we have allocated on our discretionary fiscally responsible approach to plug- ies—Pittsburgh and Philadelphia? spending. In a context where some $36 ging the lack of childcare for many If you could first respond on the issue million is being added in the House bill hard-working American families. as to whether the formula was resolved and some $6 million has been allocated I wish to thank Senators SPECTER, last year. to San Francisco in the House bill—and HARKIN, KENNEDY, DODD, and SALAZAR

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13210 CONGRESSIONAL RECORD — SENATE October 23, 2007 for their support of this program in the AMENDMENT NO. 3387 TO AMENDMENT NO. 3325 get the most value for their tax dol- supplemental spending bill. I am proud Mr. DEMINT. Mr. President, I ask lars. That is exactly what my amend- this was a bipartisan effort from the unanimous consent the pending amend- ment will do. It replaces these two ear- get-go, and I want that to continue. If ment be set aside and amendment No. marks that total $3.7 million with com- you support hard-working American 3387 be called up for immediate consid- petitive grants. families, if you support small business eration. Let me be clear. I am not taking the and community development, if you The ACTING PRESIDENT pro tem- money out of the bill. The money is support fiscal responsibility, then sim- pore. The clerk will report. still there for the purposes for which it ply support this amendment. The assistant legislative clerk read is intended, but it allows organizations Let me say I recognize and appre- as follows: to compete to deliver these services so ciate the concern of my good friends The Senator from South Carolina [Mr. that the taxpayers get the most for and colleagues, Senators COBURN and DEMINT] proposes an amendment numbered their money. DEMINT. They feel this program could 3387. Let me say a few things about the be duplicative. I do not think it is be- Mr. DEMINT. I ask unanimous con- performance of the AFL–CIO organiza- cause the program targets small busi- sent the reading of the amendment be tion so my colleagues understand why nesses and encourages them to cooper- dispensed with. there is such concern. The AFL–CIO ate with other entities to develop sus- The ACTING PRESIDENT pro tem- Working for America Institute origi- tainable childcare facilities. Because of pore. Without objection, it is so or- nally received grants under the Work- the matching and sunset require- dered. force Investment Act. The grants were ments—50 percent the first year here, The amendment is as follows: given to national organizations for the 67 percent the second year, and the (Purpose: To replace non-competitive ear- purpose of providing technical assist- third year, 75 percent, and then it sun- marks for the AFL–CIO with competitive ance in setting up systems of local and sets—I think we are much more fis- grants) State workforce investment boards for cally responsible. Beginning on page 4, strike line 22 and all the purpose of helping unemployed There was a suggestion to use TANF that follows through line 7 on page 5, and in- workers get the training and the jobs funds. These are being held by States sert the following: ‘‘workers: Provided fur- they need. in emergency contingency accounts in ther, That $3,700,000 shall be for competitive After 3 years, these capacity-building case of a sudden economic downturn. grants, which shall be awarded not later services were no longer needed, and the This would be another allowable use of than 30 days after the date of enactment of grants were terminated. However, the this Act’’. these funds. That is not the case. This Working for America Institute failed is apples and oranges. This is a fiscally The ACTING PRESIDENT pro tem- to complete its mission in 3 years, so responsible plan on the part of the pore. The Senator from South Caro- the Department gave it a fourth year States and we should encourage that. lina. of funding. After the fourth year, the I yield back the remainder of my Mr. DEMINT. Mr. President, I do Department terminated its contract time. want to make sure we have called up with the Working for America Insti- The ACTING PRESIDENT pro tem- amendment No. 3387. I appreciate the tute and explained: chairman agreeing to this slight pore. Who yields time? The Senator It is difficult to make the case that the from Iowa. change in the purpose statement, not AFL–CIO should receive yet a fifth year of Mr. HARKIN. Mr. President, I yield the legislative language. funding for organizational purposes when the myself about 3 minutes. This amendment is part of an effort other national organizations were able to The amendment offered by Senator to clear up what a lot of us have called achieve their goals in 3 years. Additionally, given that there are so many workers seek- ROBERTS is a good amendment. This the culture of corruption over the last several years. A lot of this has come ing training or retraining opportunities, we was authorized in the emergency sup- believe the Department of Labor’s emphasis plemental bill for fiscal year 2007. The from Americans connecting the dots between the earmarks that we give to is rightly placed on promoting employment grants are for small businesses that and reemployment projects having measur- want to partner with each other or our favorite causes back home and able outcomes. many of the campaign contributions other organizations to establish em- The Department believes the tech- and political support that we get back ployer-owned childcare programs. nical assistance given by the institute here in Congress. While motivations Funds can be used for startup costs, is duplicative and less effective than a are generally good, at best the appear- technical assistance, and training and similar program already funded in ance of what is going on here has special services for sick kids or chil- their Employment and Training Ad- alarmed the American people. dren with disabilities. ministration. It said: The program is authorized at $50 mil- My earmark amendment today ad- dresses two specific earmarks in the We should focus limited financial resources lion in fiscal year 2008. As the Senator on programs that deliver actual training said, funding was not included. I think appropriations bill that is in front of services to workers, rather than pour addi- it is time we do fund it. I have long us. One of the earmarks provides $1.5 tional funds into organizational infrastruc- been a supporter of expanding the role million for the AFL–CIO Working for ture. After 4 years, the AFL–CIO should have of small businesses in providing the America Institute and $2.2 million for developed sufficient ability to participate ef- kind of childcare that their employees the AFL–CIO Appalachian Council. fectively in the Workforce Investment Act need. These funds come in the form of what system. I think the amendment of the Sen- are referred to as noncompetitive Despite these failures, Congress ator will further that goal, and I offer grants, according to the text of the bill overrode the Department and ear- my support to the Senator’s amend- and the committee report—which marked funds for $1.5 million in fiscal ment and I hope the Senate will adopt means no one else can compete to de- year 2005 in the appropriations bill in it. liver the services that are intended by that year, and it continued the project I yield back whatever time we may the bill, that these are a specific ear- through June of this year. Now this ap- have. mark to divisions of the AFL–CIO. propriations bill is trying to do the The ACTING PRESIDENT pro tem- These earmarks are problematic be- same thing again. This is a clear exam- pore. All time is yielded back. cause they fund two organizations that ple of Congress interfering with agency Without objection, that amendment are not competitive. They provide decisions because of parochial or polit- is agreed to. funds that could be better spent to ical interests. Congress should not fund The amendment (No. 3365) was agreed achieve the mission of the Department a program that is duplicative and not a to. of Labor set out by Congress in the critical priority for an agency. It Mr. HARKIN. Mr. President, I move Workforce Investment Act of 1998. should have to compete for funds like to reconsider the vote, and I move to Rather than continuing to give these every other organization. lay that motion on the table. groups handouts without any competi- Let me address the second earmark The motion to lay on the table was tion, we should force them to compete in this bill. The AFL–CIO Appalachian agreed to. with other organizations so Americans Council had a longstanding sole-source

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13211 contract with the Department of Labor tive grants into competitive grants so the budget for a considerable period of that spanned several decades. The pur- we accomplish the purpose in an ac- time. They have established their bona pose of the contract was to provide ca- countable way. I ask my colleagues to fides and their worthwhile nature. reer technical training and career tran- vote for my amendment later on this I believe they are worth the money. I sition services at job placement cen- morning. I appreciate their support. urge my colleagues to reject the ters in Pittsburgh, PA, Charleston, I yield the floor. DeMint amendment. WV, and Batesville, MS. It is impor- The ACTING PRESIDENT pro tem- I yield to my distinguished colleague tant to note that the council does not pore. Who yields time in opposition? from Iowa. manage or run these three centers. It Mr. SPECTER. How much time do we The ACTING PRESIDENT pro tem- simply provides the training, place- have, Mr. President? pore. The Senator from Iowa. ment, and transition services. The ACTING PRESIDENT pro tem- Mr. HARKIN. I wish to join with Sen- The Department of Labor reviewed pore. There is 10 minutes in opposition. ator SPECTER in opposing the DeMint the council’s performance in 2004 in The Senator from Pennsylvania is rec- amendment, which would strike two light of the new requirements of the ognized. congressionally directed fundings in Workforce Investment Act. The review Mr. SPECTER. Mr. President, the the bill—one for the Appalachian Coun- resulted in the Department termi- two programs which have been com- cil, and the other one would be for the nating the council’s sole-source con- mented on by the Senator from South Working for America Institute. tract because it was no longer the only Carolina are very good programs, con- This institute was created, first of and unique provider of career transi- trary to his assertions. The AFL–CIO all, in 1989 and then in 1998 was spun off tion services and because it experi- Appalachian Council is a nationally and made into a totally separate non- enced a steady decline in program per- recognized provider of educational profit organization with a functioning formance over a 5-year period. training service. It was founded in 1964 board of directors and everything else. Despite these failures, Congress and the council has represented Ala- They have over 30 years of experience stepped in and earmarked $2.2 million bama, Georgia, Kentucky, Maryland, in the field of job training, workforce for the council in fiscal year 2005, forc- DC, Mississippi, North Carolina, Ohio, development. They work with busi- ing the Department to continue the Pennsylvania, South Carolina, Ten- nesses, the private sector, they work contract. Following this, the Depart- nessee, Virginia, and West Virginia. I with unions, and they work with com- ment canceled the contract again, but believe if the Senator from South Caro- munities. The institute has basically Congress reversed the agency’s decision lina looked closely at what has hap- been a showcase of how to pull people a second time with another $2.2 million pened in his own State, which has been together and get people together for workforce development. It is doing earmark in 2006. a beneficiary, he would find it has been great work, and it benefits commu- After the second year came to a a good program. The council operates close, the Department reviewed the nities throughout the United States. In major employment and training pro- performance outcomes of the council. fact, I had the list of some here. Just grams through the Department of In 2006, the council placed 265 grad- last year alone, the institute provided Labor and Job Corps, as well as em- uates in apprenticeship programs and assistance to Portland, OR, the Ohio ployee assistance programs, and pro- 71 graduates in jobs matching their vo- State Workforce Board, the National vides funding for recruitment/replace- cational training. With the earmark Governors Association, and the Na- ment of some 1,000 Job Corps students funded at $2.2 million, the cost of each tional Alliance of Workforce Boards. in long-term jobs. of these graduates was $6,547. Each of So you can see they do things all over When you talk about the Job Corps, the council’s 21 staff members placed the country. you are talking about a group of young less than 2 students per month in a reg- I point out that this institute re- people who might well be at risk. With istered apprenticeship program. De- ceived funding through the Department the rising rates of violence in major spite being given a second chance by of Labor for over 30 years, through Re- American cities—two of them in my Congress, the Department terminated publican and Democratic administra- State, Pittsburgh and Philadelphia; the contract again this year. tions. I can go back to Nixon and Ford Unfortunately, the appropriations Philadelphia had 406 homicides last and Carter, all through the Reagan bill we are considering gives another year—taking some of these at-risk stu- years, the first Bush administration, earmark to the council to continue the dents off the streets, young people off the Clinton administration, and actu- services and designates it a non- the streets, and providing job training ally the first part of this Bush adminis- competing earmark, which means no is very important. tration until just a couple of years ago one else can compete to do the service The Working for America Institute, when the Department of Labor decided right. Here we have two examples of which is a program very near and dear to cut all funding for it. So we had to earmarks that circumvent the normal to the heart of the senior Senator from come in here a couple of years ago and competitive process and abuse the West Virginia, Mr. BYRD, has an impor- put directed funding in there for the in- American taxpayer. tant retraining component of our man- stitute. It was widely supported. The AFL–CIO has plenty of funds to ufacturing base, where we have seen So when the Senator from South continue these programs. In 2006, the too many high-paying jobs shipped Carolina says that: Well, we will just AFL–CIO reported $96 million in assets overseas. During the current adminis- make it competitive. Well, the Depart- and $157.2 million in receipts. Their top tration, more than 3 million American ment will not do it anyway. They are five executive officers made from manufacturing jobs have been lost. We not interested in it. They will not put $179,000 to $291,000 a year, with 204 em- are dealing with an area of some of the it out for competitive grant. So this is ployees making more than $75,000 a Rust Belt States where job training another instance where I think con- year. Of their disbursements, about $30 and job development is very important gressionally directed funding has valid- million, or nearly 40 percent of their and the Appalachian Council runs ity because we have looked at these total receipts, went for political activi- through those States and provides a programs from a bipartisan standpoint, ties and lobbying. very important service. and we agree they should be funded, The AFL–CIO should either fund the When the Senator from South Caro- even though the Department of Labor program itself or help the institute de- lina talks about a political factor, that does not want the funding. velop a competitive grant proposal, but depends upon the eye of the beholder. Now, the second issue I wanted to ad- these organizations should not get a These programs have worked very well. dress is—I do not know whether I handout. My amendment, as I said be- They are a very modest allocation with caught the Senator from South Caro- fore, does not eliminate the funds, but a total of $3.7 million tackling an issue lina correctly, but I heard something it does require the AFL–CIO to com- of job training in an area which has about lobbying and political activity. I pete based on real criteria and account- been beset by unfair foreign competi- just wanted to make it very clear that ability to deliver the services for the tion. They have been very carefully section 503 of the bill reads—and I will American taxpayer. considered by the subcommittee, very read it in its entirety: I urge my colleagues to support my carefully considered by the full com- No part of any appropriation contained in amendment to turn these noncompeti- mittee, and they have been a part of this Act shall be used, other than for normal

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13212 CONGRESSIONAL RECORD — SENATE October 23, 2007 and recognized executive-legislative rela- is the best source to deliver these serv- Senate an opportunity to vote on tionships, for publicity or propaganda pur- ices, there should not be any problem whether those are the most important poses, for the preparation, distribution or with this at all. All we are asking is to priorities or whether we ought to have use of any kit, pamphlet, booklet, publica- make this a competitive grant so that children’s health care because what tion, radio, television or video presentation, designed to support or defeat legislation we can have criteria and account- this amendment does is redirects this pending before the Congress or any State ability in a system so that what we money in abeyance until we say we legislature, except in presentation to the want to accomplish will actually get have the kids in this country covered. Congress or any State legislature itself. accomplished. I yield back the remain- There is a large debate over the B. No part of any appropriation contained der of my time. SCHIP bill that the President recently in this Act shall be used to pay the salary or The ACTING PRESIDENT pro tem- vetoed. There are a lot of things wrong expenses of any grant or contract recipient pore. The Senator from Pennsylvania. with it. It is not wrong to help poor or agent acting for such recipient related to Mr. SPECTER. When you talk about kids get health care. Nobody in the any activity designed to influence legisla- tion or appropriations pending before the accountability, it is present. It is an Senate opposed that. What they did op- Congress or any State legislature. open book. The Job Corps is adminis- pose is changing, under the guise of a So the recipients cannot do it, and tered by the Department of Labor. It is debate for children, a debate of having they cannot hire lobbyists, either, to not unusual to have a sole-source con- the Government start running all of lobby for them for any legislation tract. When you have somebody like the health care for kids. What it did do pending before the Congress. So I want- the AFL–CIO, which has so much is spend $4,000 to buy $2,300 worth of ed to make it clear that none of this knowledge, and so many of their ex- care, and a lot of other things. money can be used for lobbying or for perts are at work on this program, it So what this amendment is about is any kind of partisan activities, nor can makes very good sense to give the op- asking the Senate to choose—choose it even be used for them to hire a lob- portunity to carry out the program. It your directed earmarks for back home byist or a lobbying firm for that activ- is all subject to the review by the De- or make a statement that says: We ity. So I wanted to make that clear. partment of Labor. I think the quality really believe kids health care is im- I support the Senator from Pennsyl- of this program speaks for itself. There portant, and we are not going to spend vania. The Appalachian Council has is agreement on it. It has an important the money on directed earmarks until done a great job. They are doing great purpose. I believe the record shows we have solved that problem. work in a number of States. The Work- that these funds have been wisely I know this makes some of my col- ing for America Institute, again, is one spent. leagues bristle, that we would chal- that has proven its worth. It has been I yield the floor. lenge the direction. This is not saying widely supported throughout America, The ACTING PRESIDENT pro tem- specific earmarks are not good ideas. A through business concerns, and State pore. All time has expired. lot of the earmarks in this bill are good workforce investment boards all over Mr. HARKIN. Mr. President, I move ideas. What it does say is: Should they this country. to table the DeMint amendment and be a priority before we take care of one Now is not the time to pull the rug ask for the yeas and nays. of the greatest problems this country out from underneath them. So I would The ACTING PRESIDENT pro tem- is facing, which is health care? Are we pore. Is there a sufficient second? join with Senator SPECTER in opposing going to go after and really change the DeMint amendment. There is a sufficient second. The yeas health care to where we get value, we I yield to the Senator from Pennsyl- and nays are ordered. Under the pre- get controllable costs, we get freedom vania. vious order, that vote will occur after of choice, or are we going to continue Mr. SPECTER. Mr. President, just a debate on the Coburn amendment. to do the same thing of putting ear- supplemental comment or two. The Job AMENDMENT NO. 3358 marks into bills and ignoring the big Corps program, which is part of this Mr. HARKIN. Mr. President, now we problems that are in front of us? overall operation, funds young people are going to go to the Coburn amend- So what this amendment says is that ages 16 through 24. In Philadelphia, ment. until the Secretary of HHS, whoever there is a program which places grad- I ask unanimous consent that the they may be, certifies that we have the uates with 61 major health care em- vote sequence be changed and that the kids under 18 in this country covered, ployers in higher skill jobs which are vote in relation to the Coburn amend- we should not be spending money on di- in great demand in Philadelphia. That ment be second in the sequence; that rected political benefits for ourselves attacks an area of great importance, the remaining provisions remain in ef- and our careers; instead, we should be considering the homicide rate in Phila- fect. spending our time solving the health delphia, much of which is caused by The ACTING PRESIDENT pro tem- care needs of the kids in our country. young people, so many at-risk youth. pore. Without objection, it is so or- I reserve the remainder of my time. This goes right to the heart of a very dered. The ACTING PRESIDENT pro tem- serious problem, to support the fund- The Senator from Oklahoma. pore. Who yields time in opposition? ing. Mr. COBURN. Mr. President, amend- The Senator from Iowa. I want to supplement that, too, with ment No. 3358 is a pending amendment Mr. HARKIN. Mr. President, I assume the hearing which we held on July 22, we discussed this last Friday. I believe it comes as no surprise that I oppose 2004, where we had extensive testimony under the unanimous consent agree- the amendment offered by the Senator taken on the subject to establish the ment I have 10 minutes, and those in from Oklahoma. value of the program. opposition do also. I am going to speak I appreciate that the amendment of How much time remains, Mr. Presi- a few moments, if I may. the Senator from Oklahoma raises dent? What the country is looking for us to again the issue of children’s health The ACTING PRESIDENT pro tem- do is to choose priorities, to make good care. I think that debate should go on pore. Just under 1 minute 50 seconds. choices about the priorities of what we since the plight of poor children in this Mr. SPECTER. We reserve the re- do with their money. Quite frankly, country needs as much attention as we mainder of that time awaiting the ar- there has not been a top-down review can give it. But I do not think this gument of the Senator from South on all the Government programs, ever. amendment is serious about addressing Carolina. We have had very limited oversight the health of children. The amendment The ACTING PRESIDENT pro tem- hearings, which should be the No. 1 does not put any money into it at all; pore. The Senator from South Caro- part of our job. And we have in front of it just says that we will not have any lina. The Senator has 30 seconds. us a bill that has $400 million in di- congressionally directed funding until Mr. DEMINT. Mr. President, I agree rected earmarks, which we think, every child in America has health care with all the purposes the Senator stat- through what the appropriations proc- coverage. I believe that is the way it is ed, all of the ideas of getting teenagers ess has brought to us, is an important worded. So it really does not fund it. It to work in Philadelphia. All of those priority. does not do anything at all. I think it things are good. I am not taking argu- What this amendment says is that we is the kind of thing that kind of gives ment with any of them. If the AFL–CIO are going to give the Members of the Congress a bad name in that we say we

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13213 want to do these things, but we do not to provide primary care to indigent cated $400 million, which is about one- provide any funding for them. children along the gulf coast. There is quarter of 1 percent. So 993⁄4 percent We really already know how to in- funding for Child Sight in New Mexico, goes to the bureaucrats in the Depart- crease the number of children insured a vision screening and eyeglass pro- ment of Education, the Department of in this country—by providing an in- gram especially for Native Americans Health and Human Services, and the crease in the SCHIP bill program. The on reservations. There is funding for Department of Labor. I suggest that is Senate recently voted 68 to 31 to do St. Anthony’s Hospital in Oklahoma an imbalance. People in the House of that—68 to 31, pretty overwhelming. City for construction of a newborn Representatives know their districts That bill would have provided insur- nursery. All of these would be cut out much better than people sitting down- ance to millions of children who do not if the amendment were adopted. They town in big bureaus in Washington. have any. Well, maybe the Senator are good provisions, and they will go a Senators know their States better than from Oklahoma did not agree with how long way toward helping children’s the bureaucrats. I dare say the astute that was done but, nonetheless, 68 Sen- health in all of these instances. Senator from Oklahoma, the proponent ators did agree on both sides of the Again, I don’t see this as a serious of this amendment, knows what is aisle on that approach. means of doing anything to help chil- going on in Oklahoma better than the So, again, if the Senator was really dren’s health. It is an attack on con- bureaucrats and would be in a better concerned about the plight of these gressionally directed funding to which position to identify projects which are children, I would suggest that rather the Senator is opposed. As I said, I sup- worthwhile. But to limit congressional then voting against the SCHIP bill, port congressionally directed funding. I control to one-quarter of 1 percent is which obviously provides some guid- always have. I especially support it certainly not appropriate, certainly ance and direction, that there is an- now with the new provisions on trans- not overbearing. I wouldn’t call it de other way of doing it. Again, I point parency and accountability as a result minimis because no dollar amount is de out that the Senate voted overwhelm- of the ethics bill we recently passed. minimis. We understand it is not the ingly to do that. I reserve the remainder of my time. Government’s money; it is the tax- The ACTING PRESIDENT pro tem- That vote on SCHIP was a key one on payers’ money. pore. Who yields time? children’s health insurance, not a com- The Senator from Iowa has made a Mr. SPECTER. How much time re- pletely unrelated vote dealing with very fundamental point. In fact, he congressionally directed spending, mains? The ACTING PRESIDENT pro tem- made a couple of fundamental points; which is what this is. in fact, he has made several funda- I say to my friend from Oklahoma, if pore. The opposition has 4 minutes 50 seconds. The proponents have 6 min- mental points. One is the transparency. he wants more kids to have health in- It is all out in the open. We are pre- surance, then vote for a bill that would utes 50 seconds. Who yields time? pared to debate any move to strike any provide more health insurance to kids. Mr. HARKIN. I yield to the Senator of the so-called earmarks. Earmarks If it is not the SCHIP bill, then what is whatever time he requires. has become a dirty word. But when you it? It has been suggested that maybe a The ACTING PRESIDENT pro tem- reach a real need somewhere and have vote for the Coburn amendment might pore. The Senator from Pennsylvania. an application for Federal funds that a be a nice cover vote for those who op- Mr. SPECTER. I thank the chairman. Member of the House or the Senate un- pose the SCHIP bill. I don’t think so. Mr. President, the Senator from derstands, and in the broader context Perhaps more and more people are find- Iowa, chairman of the subcommittee, of one-quarter of 1 percent, I don’t ing out that a vote against the SCHIP has already advanced the substantive think that goes too far to having Mem- bill was not a very popular one, as we argument about our efforts to deal bers who know their States and know hear from communities and States. But with health care for children. I have their districts make those allocations. an amendment such as this doesn’t supported it with a very solid vote. We I yield the floor. change the facts about the SCHIP bill, will take care of that issue. The Presi- The ACTING PRESIDENT pro tem- one way or the other. dent has vetoed the bill, and I and oth- pore. Who yields time? I also disagree with the Senator’s im- ers have signified our willingness to Mr. COBURN. Mr. President, may I plication, if I might say, that congres- vote to override. It was not overridden inquire as to the remaining time? sionally directed projects in the bill in the House. The President has sig- The ACTING PRESIDENT pro tem- are unworthy of Federal spending. I am nified his willingness to negotiate. pore. The Senator has 6 minutes 50 sec- proud of the projects I included in this There are some who do not want to ne- onds, and the opposition has 23 sec- bill. I will be glad to defend every one gotiate on the congressional side. I be- onds. of them. Again, with the transparency lieve that is a mistake. If they want to Mr. COBURN. I thank the Chair. we have that came with the new ethics attach political blame to the President I stand somewhat amused that we are reform bill, all of these have been if the program should lapse, ulti- so powerless that the bureaucracy is spread upon the record. We know who mately, we will have a negotiation be- going to decide where everything goes. asked for them and we know how much cause the American people would see Earmarks are not the only way to de- money is involved. I am happy to de- through the facade and understand cide how the budget is put out, and the fend every one of the ones I put in that those who refuse to negotiate are fact that we use the excuse that we there. I should add that many of the the ones responsible if the program don’t have any control, it is called projects the Senator wants to elimi- lapses and is terminated. We will take oversight. Last year in the last Con- nate are, in fact, directed to children’s care of congressional and Federal ac- gress more oversight hearings were health. Let me cite a few examples. tion for children’s health. held by myself and TOM CARPER, true There is congressionally directed What the amendment seeks to do is oversight hearings, than all the rest of funding for St. Francis Hospital in to eliminate earmarks. Earmarks have the Senate. The fact is, we don’t want Delaware to expand prenatal maternity a specific congressional designation to do the hard work of oversight be- and pediatric services to indigents. budget-wise and are vitally important cause it is easy to earmark something. There is funding for the Youth Crisis projects, such as the dredging of the But in fact, in dredging, you can hold Center in Jacksonville, FL to address Delaware in Philadelphia to provide a the Corps of Engineers to a priority the serious health consequences facing 45-foot channel which traditionally has list. You can bring them before Con- runaway and homeless youth. There is been the responsibility of the Federal gress and say: Why aren’t you dredging funding for St. Luke’s Regional Med- Government under constitutional pro- this? How is this a priority against ical Center in Boise, ID to expand pedi- visions on waterways and related mat- something else? We don’t do the hard atric services. There is funding for the ters. It would eliminate flood control, work of oversight. That is our problem. St. Louis Children’s Hospital in St. which is vital. It would eliminate many Instead, we want to do it the easy way. Louis for neonatal intensive care unit items where there is congressional ex- I don’t deny these are good projects. expansion. There is funding for the pertise and understanding. They are. I am not saying they are not. Mississippi Gulf Coast Children’s Take the budget that is on the floor What I am saying is, what about the Health Project which uses mobile units now. It is $152 billion. We have allo- long term? What about the fact that a

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13214 CONGRESSIONAL RECORD — SENATE October 23, 2007 child born today is inheriting $400,000 next year when the transparency bill Mr. HARKIN. Mr. President, I say to in unfunded liabilities and that ear- comes about. my friend from Oklahoma, it was on or marks happen to be the tool that al- Senator HARKIN mentioned that we in relation to. So, yes, ask that again. lows us to spend more than we should, didn’t offer an option. Senator BURR Mr. COBURN. Mr. President, I ask not directly through the earmarks but and I both did, the Every American Kid for the yeas and nays. by voting for bills that should not be Insured Act. We talked about it on this The ACTING PRESIDENT pro tem- voted on? But because we have an ear- floor during the debate on the SCHIP pore. The yeas and nays have been or- mark in the bill, we vote for the bill. bill. There are other ways to do this. dered on the amendment itself. We have an unfunded liability right Give them all a tax credit. Let them The Senator from Pennsylvania now on Medicare of $34 billion. We are buy the insurance. We have 9 million Mr. SPECTER. Mr. President, on the never going to be trusted to fix that kids out there uninsured, 3 million matter of management, after these problem when we can’t be trusted to more within 1 year. There are ways for votes we will move ahead to take up have an arm’s-length separate alloca- us to solve that. But this is not a farce any other amendments that any Sen- tion and look at what the problems are amendment. This is an amendment ators wish to offer. We had an under- in front of us in terms of labor, health, about a very real problem. Will we standing to conclude this bill by 12:30 today, and we are anxious to come as and human services. have the right priorities when it comes close to that time as we can. If Sen- I don’t deny what people want to do to this country or are we going to send ators want to pursue any other amend- in this bill could be prioritized. But the $42 million to international labor orga- ments, they ought to consult with the number of requests were 36,000 this nizations with no accountability what- managers immediately or we intend to year. The fact is, can we get what are soever from the United Nations? That go to third reading to complete this priorities for this country if we con- is what we are doing. That is what this tinue the process of using earmarks? bill. bill does. We have another $400 million The ACTING PRESIDENT pro tem- How about children’s health? Yes, we worth of earmarks that are not com- passed a bill. We passed a bill that pore. The Senator from Iowa. petitively bid and will never be over- Mr. HARKIN. Mr. President, I say to truly wasn’t paid for unless we want 22 seen, and you will never see where the my friend from Pennsylvania, I think million Americans to start smoking. money goes. So the question on the we are getting close. With these three We passed a bill that said: We are going amendment is, will we change the proc- votes coming up now, hopefully we are to pay $4,000 to buy $2,300 worth of ess. just a few amendments away from com- care. We are great stewards when it It is a serious amendment. We should pleting the bill, and hopefully we will comes to the American taxpayers’ not be earmarking things until we do have it done early this afternoon. I had money on this new SCHIP bill. There is our business of taking care of kids’ in- hoped we would have it done by 12:30, no question we are going to get an surance. but that does not look possible. But we SCHIP bill. That SCHIP bill is going to With that, I yield the floor. are getting close. I hope when Senators truly reflect the needs of the poor peo- Mr. SPECTER. Mr. President, how come over to the Chamber we can work ple who are not eligible for Medicaid. much time remains? out some other amendments that are We are going to put the money there The ACTING PRESIDENT pro tem- pending at this time, and perhaps we we need to accomplish that. But to pore. There is 23 seconds remaining for can get a consent to limit the number confuse that bill with a process which the opposition. of amendments and bring closure to has got us $9.5 trillion in debt and hung Mr. HARKIN. Mr. President, I point this bill sometime early this afternoon. every one of our kids out to dry, that out that the Coburn amendment AMENDMENT NO. 3437 is what this amendment is about. It is doesn’t put 1 cent into helping chil- The ACTING PRESIDENT pro tem- the process I am attacking. dren’s health, not 1 penny. Yet in the pore. Under the previous order, the I am not attacking individual Sen- bill itself, as I pointed out, there are a question recurs on the Enzi amend- ators. I am saying if we are going to number of programs that actually go ment. There is 2 minutes evenly di- get control of the spending, at some to help children’s health all over this vided. point in the future we have to look at country. The Coburn amendment would The Senator from Wyoming. the process and how it works. For us to eradicate those. Mr. ENZI. Mr. President, again, I say it is easier for us to earmark than Mr. COBURN. I ask for the yeas and would ask that Senators support my to hold the bureaucracy accountable nays. amendment to strike what we are talk- means we are not doing our job. We can The ACTING PRESIDENT pro tem- ing about, which is an earmark of $6.2 hold the bureaucracies accountable. pore. Is there a sufficient second? million for San Francisco and another All we have to do is have an oversight At the moment there is not a suffi- $3 million for a few other towns. hearing three times a week and make cient second. We are changing law that we passed them come up here and explain how The Senator from Iowa. less than a year ago under an author- they are spending their money. They Mr. HARKIN. Mr. President, I do ization process. It is much harder to will start spending on priorities Ameri- want to give the yeas and nays to the pass an authorization bill than it is an cans want. We don’t have our hands Senator. I was just going to move to appropriations bill. We should not be tied behind us just because we don’t do table the amendment and ask for the changing formulas under an appropria- earmarks. yeas and nays. tions bill. The real question America is asking The ACTING PRESIDENT pro tem- The GAO numbers that we said would is, are we going to change our ways pore. Is there a sufficient second on the happen are approximately what has about real priorities, the real future for amendment itself? happened. Of the $9 million, San Fran- our country, or are we going to con- Mr. HARKIN. Yes. cisco gets $6.2 million. They already tinue the same old process that has The ACTING PRESIDENT pro tem- get twice as much per HIV/AIDS case brought us all the corruption we have pore. There appears to be a sufficient as any of the rest of the towns. We put seen come through the House in the second. in a hold harmless provision so nobody past that leads to conflicts of interest? The yeas and nays were ordered. would lose more than 5 percent of their We talk about transparency. We gut- The Senator from Oklahoma. money. We have been staying by that. ted the transparency rules as far as ap- Mr. COBURN. Mr. President, par- We did not guarantee supplemental propriations are concerned in this bill liamentary inquiry: As to the unani- money. That was done less than a year and in our ethics bill, because no mous consent request that we agreed ago. This is an earmark. longer do you say who is getting it or to, was it not agreed to that we were There were waiting lines for people what it is for. You only say where it is going to have votes on these amend- who needed HIV treatment and care. going. The very things that are in the ments up or down? There are no waiting lines today. What House bill in terms of transparency are Mr. HARKIN. No. we did last year worked. We should not not available to us in the Senate, so we Mr. COBURN. That was not part of change it under appropriations now. can’t claim transparency. We are going the unanimous consent agreement? I ask that you vote for my amend- to get transparency in September of Fine. ment.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13215 The PRESIDING OFFICER (Mr. Who yields time? Mr. DURBIN. I announce that the CASEY). The Senator’s 1 minute has ex- Mr. HARKIN. Mr. President, first, I Senator from Delaware (Mr. BIDEN), pired. make a point of order that the Senate the Senator from New York (Mrs. CLIN- There is 1 minute in opposition to is not in order. TON), the Senator from Connecticut the amendment. The PRESIDING OFFICER. The Sen- (Mr. DODD), the Senator from Massa- Who yields time? ate will come to order. chusetts (Mr. KENNEDY), and the Sen- Mr. HARKIN. Mr. President, since no The Senator from Iowa is recognized. ator from Illinois (Mr. OBAMA) are nec- one wants to be recognized in opposi- Mr. HARKIN. Mr. President, we now essarily absent. tion, I yield back the time. proceed to 2 minutes on the Coburn I further announce that, if present Mr. ENZI. Mr. President, I ask for amendment. After that, then we will and voting, the Senator from Massa- the yeas and nays. have 2 minutes on the DeMint amend- chusetts (Mr. KENNEDY) would vote The PRESIDING OFFICER. Is there a ment and vote. These will be 10-minute ‘‘yea.’’ sufficient second? votes as per the prior agreement. There appears to be a sufficient sec- Mr. LOTT. The following Senator is The PRESIDING OFFICER. Who ond. necessarily absent: the Senator from The question is on agreeing to yields time? Arizona (Mr. MCCAIN). amendment No. 3437. The Senator from Oklahoma is recog- The PRESIDING OFFICER. Are there The clerk will call the roll. nized. any other Senators in the Chamber de- The bill clerk called the roll. Mr. COBURN. Mr. President, this is a siring to vote? Mr. DURBIN. I announce that the straightforward amendment. It is an The result was announced—yeas 68, Senator from Delaware (Mr. BIDEN), amendment about where our priorities nays 26, as follows: the Senator from New York (Mrs. CLIN- lie. Do they lie in our directed spending [Rollcall Vote No. 384 Leg.] TON), the Senator from Connecticut or do they lie with the children of this YEAS—68 (Mr. DODD), the Senator from Massa- country who aren’t covered? Akaka Grassley Nelson (NE) chusetts (Mr. KENNEDY), the Senator It is a very simple amendment. I Alexander Gregg Pryor from Missouri (Mrs. MCCASKILL), and know there are things in the bill for Baucus Hagel Reed Bayh Harkin the Senator from Illinois (Mr. OBAMA) children, but the fact is out of the 9.5 Reid Bennett Hatch are necessarily absent. million who are uncovered, we have 3.6 Roberts Bingaman Hutchison Rockefeller I further announce that if present million who have not been covered for Bond Inouye Salazar and voting, the Senator from Massa- a year. Boxer Johnson Sanders Brown Kerry chusetts (Mr. KENNEDY) would vote So this amendment simply states we Schumer Byrd Klobuchar Shelby ‘‘no.’’ are not going to spend any money on Cantwell Kohl Smith Mr. LOTT. The following Senator is the directed spending until the HHS Cardin Landrieu Carper Lautenberg Snowe necessarily absent: the Senator from Secretary certifies that we have done Specter Arizona (Mr. MCCAIN). Casey Leahy our job in terms of taking care of the Cochran Levin Stabenow The PRESIDING OFFICER. Are there kids. Whether that is the SCHIP bill, Coleman Lieberman Stevens any other Senators in the Chamber de- negotiations with the administration Collins Lincoln Sununu Tester siring to vote? or whatever it is, we are not going to Conrad Lugar The result was announced—yeas 65, Craig Menendez Voinovich spend the money. Domenici Mikulski Warner nays 28, as follows: Mr. HARKIN. Mr. President, I ask Dorgan Murkowski Webb [Rollcall Vote No. 383 Leg.] the Senate please be called to order. Durbin Murray Whitehouse YEAS—65 The PRESIDING OFFICER. The Sen- Feinstein Nelson (FL) Wyden Alexander Crapo Lugar ate will come to order. NAYS—26 Allard DeMint Martinez The senior Senator from Pennsyl- Allard Crapo Kyl Barrasso Dole McConnell Barrasso DeMint Lott Bennett Domenici vania is recognized. Mikulski Brownback Dole Martinez Bingaman Dorgan Mr. SPECTER. Mr. President, the Murkowski Bunning Ensign McCaskill Bond Durbin Nelson (FL) issue of providing health care for chil- Burr Enzi Brown Ensign McConnell Nelson (NE) dren will be taken care of on the Chambliss Feingold Sessions Brownback Enzi Pryor Coburn Graham Bunning Graham SCHIP bill, which ultimately will be Thune Roberts Corker Inhofe Burr Grassley Vitter Salazar subject to negotiations between the Cornyn Isakson Cardin Gregg Sessions President and the Congress. The alloca- Carper Hagel NOT VOTING—6 Casey Harkin Shelby tions on earmarks amount to approxi- Biden Dodd McCain Chambliss Hatch Smith mately one-quarter of 1 percent. Nine- Clinton Kennedy Obama Coburn Hutchison Stevens ty-nine and three-quarters percent will Sununu Cochran Inhofe go to the bureaucrats in the depart- The motion was agreed to. Coleman Isakson Tester Collins Kohl Thune ments. AMENDMENT NO. 3387 Conrad Kyl Vitter Members of the Senate and House The PRESIDING OFFICER. The Sen- Corker Levin Voinovich have more knowledge about what is ator from Iowa. Cornyn Lincoln Warner Mr. HARKIN. Mr. President, I under- Craig Lott Webb going on in their districts and their States, and this is a very modest appli- stand there will now be 2 minutes prior NAYS—28 cation for very worthwhile programs. to the vote on the DeMint amendment, Akaka Kerry Rockefeller The Senator from Oklahoma conceded which we already have moved. Baucus Klobuchar Sanders The PRESIDING OFFICER. Who Bayh Landrieu Schumer in the argument earlier that he is not Boxer Lautenberg Snowe challenging the worthwhileness of any yields time? Byrd Leahy Specter of these programs. Any of them are The Senator from South Carolina. Cantwell Lieberman Stabenow Mr. DEMINT. Mr. President, I appre- Feingold Menendez subject to attack to be stricken, and Whitehouse they are all defensible. ciate my colleagues’ attention. I would Feinstein Murray Wyden Inouye Reed I ask that the amendment of the Sen- first like to ask unanimous consent to Johnson Reid ator from Oklahoma be rejected. add Senator ENZI as a cosponsor of my NOT VOTING—7 The PRESIDING OFFICER. The Sen- amendment. Biden Kennedy Obama ator from Iowa is recognized. The PRESIDING OFFICER. Without Clinton McCain Mr. HARKIN. Mr. President, I move objection, it is so ordered. Dodd McCaskill to table the Coburn amendment and Mr. DEMINT. Mr. President, I want The amendment (No. 3437) was agreed ask for the yeas and nays. to make clear to my colleagues that to. The PRESIDING OFFICER. Is there a my amendment does not remove any AMENDMENT NO. 3358 sufficient second? money from this bill for its intended The PRESIDING OFFICER. There There is a sufficient second. purpose. In fact, the amendment ad- are now 2 minutes equally divided on The question is on agreeing to the dresses the Workforce Investment Act, the Coburn amendment. motion. money that goes to training and job

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13216 CONGRESSIONAL RECORD — SENATE October 23, 2007 placement in several places in the Harkin McCaskill Sanders (2) $2,000,000 shall be used to carry out part Inouye Menendez Schumer C of title III of such Act (42 U.S.C. 3030d–21 et country. My amendment only changes Johnson Mikulski Smith the language from a sole-source non- seq.) for fiscal year 2008 (for congregate and Kerry Murkowski Snowe home-delivered nutrition services to help ac- competitive grant, which we would Klobuchar Murray Specter count for increased gas and food costs); and refer to as a direct earmark, to a com- Kohl Nelson (FL) Stabenow Landrieu Nelson (NE) Stevens (3) $3,000,000 shall be used to carry out part petitive grant. Lautenberg Pryor Tester E of title III of such Act (42 U.S.C. 3030s et We have all seen that the competi- Leahy Reed Voinovich seq.) for fiscal year 2008 (for the National tive grant system is a better way to de- Levin Reid Warner Family Caregiver Support Program to fund liver Federal money to specific causes Lieberman Roberts Webb the program at the level authorized for that Lincoln Rockefeller Whitehouse program under that Act (42 U.S.C. 3001 et that we support as a Senate because Martinez Salazar Wyden there are criteria, there are standards, seq.)). NAYS—34 and there is accountability. So we are (b)(1) The 3 amounts described in para- not excluding the AFL–CIO as a pro- Alexander DeMint Isakson graph (2) shall be reduced on a pro rata basis, vider of the services that we intend, Allard Dole Kyl to achieve a total reduction of $10,000,000. Barrasso Ensign Lott but it opens it for competitive bids. Brownback Enzi Lugar (2) The amounts referred to in paragraph And it is important to realize that the Bunning Feingold McConnell (1) are— Department of Labor, after judging the Burr Graham Sessions (A) the amount made available under the Chambliss Grassley Shelby heading ‘‘SALARIES AND EXPENSES’’ under the performance of the AFL–CIO, has found Coburn Gregg Sununu heading ‘‘DEPARTMENTAL MANAGEMENT’’ in the performance lacking and has dis- Corker Hagel Thune title I, for administration or travel expenses; continued the contracts. Cornyn Hatch Vitter (B) the amount made available under the So please open this for competitive Craig Hutchison Crapo Inhofe heading ‘‘GENERAL DEPARTMENTAL MANAGE- bidding. Please vote no on the motion MENT’’ under the heading ‘‘OFFICE OF THE NOT VOTING—6 to table. SECRETARY’’ in this title, for administration The PRESIDING OFFICER. The sen- Biden Dodd McCain or travel expenses; and ior Senator from Pennsylvania. Clinton Kennedy Obama (C) the amount made available under the Mr. SPECTER. Mr. President, this The motion was agreed to. heading ‘‘PROGRAM ADMINISTRATION’’ under program has been in operation for dec- Mr. KERRY. Mr. President, I ask the heading ‘‘DEPARTMENTAL MANAGEMENT’’ ades and has proven to be very effec- unanimous consent the order be de- in title III, for administration or travel ex- tive. A hearing held by the sub- layed so the manager can propose a penses. committee back on July 22, 2004, went unanimous consent so that I can offer At the appropriate place in title II, insert into some of the detail. The program an amendment. the following: addresses job training and Job Corps. The PRESIDING OFFICER. Without SEC. ll. (a) Notwithstanding any other One program, illustratively, in Phila- objection, it is so ordered. provision of this Act, there shall be made delphia seeks to give training to young The Senator from Iowa is recognized. available under this Act a total of $7,500,000 people who are at risk, come from bro- AMENDMENTS NOS. 3351, AS MODIFIED; 3376, AS for the National Violent Death Reporting ken families—no father and a working MODIFIED; 3397, 3401, 3430, 3436, 3418, AND 3388 EN System within the Centers for Disease Con- BLOC trol and Prevention. mother. It is directed toward training Mr. HARKIN. Mr. President, if the across the Appalachian Council, States (b) Amounts made available under this Act Senator from Massachusetts will with- in the Rust Belt, which have been hit for travel and administrative expenses for hold for a second, I have two modifica- the Department of Labor, the Department of very hard by unfair foreign competi- tions I send to the desk, a modification Health and Human Services, and the Depart- tion, to have training and to have of amendment No. 3351, a Smith ment of Education shall be further reduced workmanship skills developed. amendment, and amendment No. 3376. I on a pro rata basis by the percentage nec- It has been a successful program, and have two modifications I send to the essary to decrease the overall amount of it ought to be retained. Vote aye to desk. such spending by $7,500,000. table. The PRESIDING OFFICER. Without The PRESIDING OFFICER. All time AMENDMENT 3397 objection, the amendments are so has expired. The question is on agree- (Purpose: To require the Secretary of Health modified. ing to the motion to table. The yeas and Human Services, acting through the Mr. HARKIN. Mr. President, I call up Administrator of the Centers for Medicare and nays have been ordered. amendments No. 3351, as modified; 3376, The clerk will call the roll. & Medicaid Services, to submit a report to as modified; 3397, by Senator LAUTEN- The assistant legislative clerk called the Committee on Appropriations of the BERG; 3401, by Senator CARDIN; amend- the roll. Senate on workers’ compensation set- Mr. DURBIN. I announce that the ment No. 3430, by Senator FEINGOLD; asides under the Medicare secondary payer amendment No. 3436, by Senator set-aside provisions under title XVIII of Senator from Delaware (Mr. BIDEN), HATCH; amendment No. 3418, by Sen- the Social Security Act) the Senator from New York (Mrs. CLIN- ator LIEBERMAN; and amendment No. TON), the Senator from Connecticut At the appropriate place in title II, insert 3388, by Senator DEMINT. These have (Mr. DODD), the Senator from Massa- the following: all been agreed to. I ask for their im- chusetts (Mr. KENNEDY), and the Sen- SEC. ll. (a) Not later than 30 days after mediate consideration en bloc. ator from Illinois (Mr. OBAMA) are nec- the date of enactment of this Act, the Sec- The PRESIDING OFFICER. Without essarily absent. retary of Health and Human Services, acting objection, it is so ordered. through the Administrator of the Centers for I further announce that, if present Without objection, the amendments and voting, the Senator from Massa- Medicare & Medicaid Services, shall submit will be considered en bloc. a report to the Committee on Appropriations chusetts (Mr. KENNEDY) would vote If there is no further debate, the of the Senate and the Committee on Appro- ‘‘yea.’’ amendments are agreed to without ob- priations of the House of Representatives on Mr. LOTT. The following Senator is jection, en bloc. workers’ compensation set-asides under the necessarily absent: the Senator from The amendments considered and Medicare secondary payer set-aside provi- Arizona (Mr. MCCAIN). agreed to en bloc are as follows: sions under title XVIII of the Social Security Act. The PRESIDING OFFICER. Are there AMENDMENT NO. 3351, AS MODIFIED any other Senators in the Chamber de- At the end of title II, add the following: (b) The report described in subsection (a) siring to vote? SEC. ll. (a) The amount made available shall contain the following information: The result was announced—yeas 60, under the heading ‘‘AGING SERVICES PRO- (1) The number of workers’ compensation nays 34, as follows: GRAMS’’ under the heading ‘‘ADMINISTRATION set-aside determination requests that have [Rollcall Vote No. 385 Leg.] ON AGING’’ in this title shall be increased by been pending for more than 60 days from the YEAS—60 $10,000,000 of which— date of the initial submission for a workers’ (1) $5,000,000 shall be used to carry out part compensation set-aside determination. Akaka Brown Coleman B of title III of the Older Americans Act of (2) The average amount of time taken be- Baucus Byrd Collins 1965 (42 U.S.C. 3030d) for fiscal year 2008 (for tween the date of the initial submission for Bayh Cantwell Conrad Bennett Cardin Domenici supportive services and senior centers to a workers’ compensation set-aside deter- Bingaman Carper Dorgan allow area agencies on aging to account for mination request and the date of the final Bond Casey Durbin projected growth in the population of older determination by the Centers for Medicare & Boxer Cochran Feinstein individuals, and inflation); Medicaid Services.

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(3) The breakout of conditional payments (c) The data collected pursuant to this sec- AMENDMENT NO. 3388 recovered when workers’ compensation is the tion shall be reported— (Purpose: To prohibit the use of funds by cit- primary payer separate from the amounts in (1) as data for all schools; and ies that provide safe havens to illegal drug Workers’ Compensation Medicare Set-aside (2) as data disaggregated by— users) Accounts (in this section referred to as (A) high-poverty schools; At the appropriate place, insert the fol- ‘‘WCMSAs’’). (B) low-poverty schools; lowing: (4) The aggregate amounts allocated in (C) schools with a student enrollment con- SEC. ll. Notwithstanding any other pro- WCMSAs and disbursements from WCMSAs sisting of a majority of minority students; vision of this Act, none of the funds appro- for fiscal year 2005 and fiscal year 2006. (D) schools with a student enrollment con- priated in this Act may be allocated, di- (5) The number of conditional payment re- sisting of a majority of non-minority stu- rected, or otherwise made available to cities quests pending with regard to WCMSAs after dents; that provide safe haven to illegal drug users 60 days from the date of the submission of (E) urban schools; through the use of illegal drug injection fa- the request. (F) suburban schools; cilities. (6) The number of WCMSAs that do not re- (G) rural schools; and AMENDMENTS NOS. 3350 AND 3446 WITHDRAWN ceive a determination based on the initial (H) schools identified as in need of im- complete submission. provement under section 1116 of the Elemen- Mr. HARKIN. Mr. President, regard- (7) Any other information determined ap- tary and Secondary Education Act of 1965 (20 ing amendment No. 3350 by Senator propriate by the Congressional Budget Office U.S.C. 6316). LAUTENBERG and No. 3446 by Senator in order to determine the baseline revenue (d) The representative sample described in LANDRIEU, I ask unanimous consent and expenditures associated with such work- subsection (b) shall be designed in such a they both be withdrawn. ers’ compensation set-asides. manner as to provide valid, reliable, and ac- The PRESIDING OFFICER. Without AMENDMENT NO. 3401 curate information as well as sufficient sam- objection, it is so ordered. (Purpose: To express the sense of the Senate ple sizes for each type of school described in The Senator from Massachusetts is that the Secretary of Health and Human subsection (c). recognized. Services should maintain ‘‘deemed status’’ AMENDMENT NO. 3436 AMENDMENT NO. 3398 TO AMENDMENT NO. 3325 coverage under the Medicare program for clinical trials that are federally funded or (Purpose: To assess the impact of education Mr. KERRY. Mr. President, I know reviewed as provided for by the Executive funding in western States with a high pro- we want to and need to break for recess Memorandum of June 2000) portion of public lands) in a moment so I will not be very long at all. I call up amendment No. 3398. I On the appropriate place, insert the fol- At the appropriate place, insert the fol- lowing: lowing: ask for its immediate consideration. SEC. ll. It is the sense of the Senate that The PRESIDING OFFICER. Is there the Secretary of Health and Human Services ‘‘Provided further, That the Secretary of objection to setting aside the pending Education shall assess the impact on edu- should maintain ‘‘deemed status’’ coverage amendments? Without objection, it is under the Medicare program for clinical cation felt by students in States with a high proportion of Federal land compared to stu- so ordered. trials that are federally funded or reviewed, The clerk will report. as provided for by the Executive Memo- dents in non-public land States. The study randum of June 2000. shall consider current student teacher ra- The legislative clerk read as follows: tios, trends in student teacher ratios, the The Senator from Massachusetts [Mr. AMENDMENT NO. 3430 proportion of property tax dedicated to edu- KERRY] proposes an amendment numbered (Purpose: To require the Comptroller Gen- cation in each State, and the impact of these 3398. eral of the United States to submit a re- and other factors on education in public land Mr. KERRY. I ask unanimous con- port to Congress on student preparation States. The Secretary shall submit the re- techniques for standards-based assess- port not later than 1 year after the date of sent the reading of the amendment be ments) the enactment of this Act.’’ dispensed with. At the end of title III, add the following: The PRESIDING OFFICER. Without AMENDMENT NO. 3418 SEC. ll. (a) Not later than May 31, 2009, objection, it is so ordered. the Comptroller General of the United States (Purpose: To prohibit the use of funds to The amendment is as follows: shall submit a report to Congress on student close a field office of the Social Security AMENDMENT NO. 3398 preparation techniques to meet State aca- Administration before submission of a re- (Purpose: To provice funding for the Fire demic achievement standards and achieve on port justifying the closure) Fighter Fatality Investigation and Preven- State academic assessments. tion Program) (b) The report required under subsection At the appropriate place, insert the fol- (a) shall include a compilation of data col- lowing: At the appropriate place in title I, insert lected from surveying a representative sam- SEC. ll. None of the funds appropriated the following: ple of schools across the Nation to determine or otherwise made available in this Act or SEC. ll. To enable the National Institute the range of techniques that schools are any other Act making appropriations to the for Occupational Safety and Health to carry using in order to prepare students to meet agencies funded by this Act may be used to out the Fire Fighter Fatality Investigation State academic achievement standards and close or otherwise cease to operate the field and Prevention Program, $5,000,000, which achieve on State academic assessments, in- office of the Social Security Administration shall include any other amounts made avail- cluding the extent to which schools have— located in Bristol, Connecticut, before the able under this Act for such Program. (1) extended the school day; date on which the Commissioner of Social Amounts made available under this Act for (2) hired curriculum specialists to train Security submits to the appropriate commit- travel expenses for the Department of Labor, teachers or work with individual students or tees of Congress a comprehensive and de- the Department of Health and Human Serv- small groups of students; tailed report outlining and justifying the ices, and the Department of Education shall (3) de-emphasized academic subjects of process for selecting field offices to be be reduced on a pro rata basis by the per- which State academic achievement stand- closed. Such report shall include— centage necessary to decrease the overall ards and assessments are not required under (1) a thorough analysis of the criteria used amount of such spending by $2,500,000. the Elementary and Secondary Education for selecting field offices for closure and how Mr. KERRY. Mr. President, in Feb- Act of 1965 (20 U.S.C. 6301 et seq.); the Commissioner of Social Security ana- ruary of this year, I sent a letter to the (4) used commercial test preparation mate- lyzes and considers factors relating to trans- inspector general for the Department rial; portation and communication burdens faced of Health and Human Services regard- (5) provided increased professional develop- by elderly and disabled citizens as a result of ing a report from the Centers for Dis- ment for teachers; field office closures, including the extent to (6) targeted low-performing students for which elderly citizens have access to, and ease Control that actually blocked an specialized instruction or tutoring; competence with, online services; and investigation into the death of six fire- (7) instituted formative or benchmark (2) for each field office proposed to be fighters whose personal safety equip- exams; closed during fiscal year 2007 or 2008, includ- ment had failed them between 1998 and (8) distributed old exam questions to teach- ing the office located in Bristol, Con- the year 2000. In the response to me, ers and students and focused instruction on necticut, a thorough cost-benefit analysis for the inspector general reported that these old exam questions; each such closure that takes into account— funding of the current funds that exist (9) increased instructional time on tested (A) the savings anticipated as a result of in the Firefighter Fatality Investiga- subjects; or the closure; (10) used any other techniques to prepare (B) the anticipated burdens placed on el- tion and Prevention Fund within the students to meet State academic achieve- derly and disabled citizens; and National Institutes of Occupational ment standards and achieve on State aca- (C) any costs associated with replacement Health and Safety is flat. Their re- demic assessments. services and provisional contact stations. sources are such that they have had to

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13218 CONGRESSIONAL RECORD — SENATE October 23, 2007 pick and choose where they can con- line-of-duty death. By doubling the funding are uncontained and out of control. duct those kinds of investigations. allocated for the FFFIPP in FY 2007, your The containment factor is very small. Every year, about 100 firefighters die amendment will allow NIOSH to better ful- More than half a million people have in the line of duty in America and fill its Congressional mandate and help pre- been told to evacuate their homes. vent fire fighter injuries and deaths. about 87,000 are injured. This fund is an Thank you for your leadership in pro- More than 309,000 acres have been de- investigative fund that helps find ways tecting the health and safety of our Nation’s stroyed by fire, over 400 miles, from in which we can protect firefighter first responders. We look forward to continue north of Los Angeles to San Diego and lives—whether there is a certain kind working with you to prevent future deaths now across the Mexican border, and of equipment that might have made a and injuries among fire fighters. more, we fear, will be destroyed. difference or a certain procedure that Sincerely, The deaths, fortunately, today are might have made a difference. Obvi- CHIEF STEVEN P. WESTERMANN, CFO, limited to one, with 34 injured through- ously, for those fire stations, fire President, International Association of Fire Chiefs. out southern California, some of them houses with the losses or those that HAROLD A. SCHAITBERGER, firefighters. High wind and high tem- face a future risk, to know we are se- General President, International peratures persist. A red flag warning is lectively choosing where we inves- Association of Fire Fighters. in effect for the California coast from tigate and where we do not does not do Monterey to the Mexican border. More the job. We need to investigate all of Mr. KERRY. I think both sides have than 1,000 homes have been destroyed; those fatalities, and we need to do ev- now agreed to this amendment. 11,500 are now threatened. Today more erything possible to provide our fire- The PRESIDING OFFICER. Is there than 100 commercial buildings have fighters the procedures and equipment further debate? been destroyed, and 2,000 are threat- necessary to save lives. Mr. HARKIN. Mr. President, can we ened; 52 outbuildings have been de- This funding will add an additional withhold for a second? The amendment stroyed and 550 are threatened. $2.5 million to that investigative fund by the Senator from Massachusetts is Health warnings have been issued be- and allow us to complete our responsi- accepted on both sides. cause of smoke and particulate matter. bility to those courageous firefighters The PRESIDING OFFICER. Without As you know, these fires are driven by across the country. objection, the amendment is agreed to. hurricane and gale-force Santa Ana I ask unanimous consent a letter The amendment (No. 3398) was agreed winds, which are hot and contrary to from the International Association of to. the prevailing westerly flow, east to Fire Fighters and the International As- Mr. KERRY. Mr. President, I move to west. They are fueled by bone-dry sociation of Fire Chiefs be printed in reconsider the vote. brush from years of drought and vir- the RECORD. Mr. HARKIN. I move to lay that mo- tually no humidity. Humidity is below There being no objection, the mate- tion on the table. 10 percent. The motion to lay on the table was rial was ordered to be printed in the Fires are raging still in Malibu, at agreed to. RECORD, as follows: Lake Arrowhead in Irvine and Santa Mr. KERRY. I thank the Chair and October 18, 2007. Clarita. The Arrowhead area is particu- the distinguished manager. Hon. JOHN F. KERRY larly dangerous because there are half 304 Russell Senate Office Building, f a million acres of pine-beetle infested Washington, DC. DEAR SENATOR KERRY: On behalf of the RECESS dead trees waiting to go up. International Association of Fire Chiefs, rep- The PRESIDING OFFICER. Under Of course, they are raging in San resenting nearly 13,000 chief fire and emer- the previous order, the Senate stands Diego County, which is bearing the gency officers, and the International Asso- in recess until 2:15 p.m. brunt of two major fires which well ciation of Fire Fighters, representing more could join. Already, the 300,000 people than 280,000 professional fire fighters and Thereupon, the Senate, at 12:41 p.m., recessed until 2:15 p.m. and reassem- in San Diego County alone have been emergency medical personnel, we are writing told to evacuate. More than 10,000 of to express our strong support for your bled when called to order by the Pre- amendment to the FY 2008 Labor, Health and siding Officer (Mr. CARPER). them are now taking refuge in Qualcomm Stadium, home to the San Human Services, Education and Related f Agencies Appropriations Act providing $5 Diego Chargers. These people will be million for the Fire Fighter Fatality Inves- DEPARTMENTS OF LABOR, there for 48 to 72 more hours and pos- tigation and Prevention Program (FFFIPP) HEALTH AND HUMAN SERVICES, sibly more. of the National Institute for Occupational AND EDUCATION APPROPRIA- Sanitary supplies are going to be- Safety and Health (NIOSH). TIONS ACT, 2008—Continued come a problem. It is going to be a real Of the 1.1 million fire fighters who self- lessly serve their communities and their The PRESIDING OFFICER. In my effort to get food and water to these country, approximately 100 die on the job capacity as a Senator from the State of evacuees and the hundreds of thou- each year. Additionally, the National Fire Delaware, I suggest the absence of a sands of people displaced around south- Protection Association estimates that 80,100 quorum. ern California. fire fighter injuries occurred in the line of The clerk will call the roll. Both Senator BOXER and I spoke to duty in 2005 alone. The FFFIPP is instru- The assistant legislative clerk pro- the Governor, and he has declared a mental in discovering the primary factors ceeded to call the roll. seven-county disaster area. Yesterday contributing to fire fighter deaths and rec- Mrs. FEINSTEIN. Mr. President, I the President declared southern Cali- ommending ways to prevent future deaths and injuries. ask unanimous consent that the order fornia a disaster area to be able to Since its inception in 1998, the FFFIPP—in for the quorum call be rescinded. speed the Federal Emergency Manage- cooperation with fire departments and fire The PRESIDING OFFICER. Without ment Agency’s relief, which is critical. fighters around the country—has conducted objection, it is so ordered. This is going to be a real test of over 300 fatality investigations. The findings Mrs. FEINSTEIN. I ask to speak as FEMA. We are going to learn whether and recommendations of these investigations in morning business. FEMA actually learned from the hurri- have led to increased awareness of fire fight- The PRESIDING OFFICER. Without cane in New Orleans, a test of whether er safety and health hazards, and led to nu- objection, the Senator is recognized. merous cooperative efforts among and be- FEMA has gotten its act together post- tween the fire service and NIOSH to improve CALIFORNIA WILDFIRES Katrina. fire fighter safety and health. Mrs. FEINSTEIN. Mr. President, I FEMA must act quickly and urgently Despite such successes, fatality investiga- wanted to take a few minutes to do to get help to California. The State is tions are not as common nor as comprehen- what Senator BOXER did yesterday, going to need cots; it is going to need sive as they should be. According to a recent which is essentially to update the Sen- blankets; it is going to need water, report by the inspector general of the De- ate on the catastrophic fires in Cali- food, and, most importantly, those san- partment of Health and Human Services, such shortcomings are caused, in part, by a fornia. I offer these words on behalf of itary facilities that are needed for the lack of resources. Senator BOXER and myself. people who are camping out today, Congress clearly intended for NIOSH to Today there are 14 fires, big fires, sleeping in cars, located in schools, or thoroughly investigate every fire fighter burning in California. The bulk of them in Qualcomm Stadium.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13219 Most importantly, this help has to be tures destroyed: 15 homes, 17 outbuildings; workers and their families with a basic spread throughout the 14 different fire structures threatened: 3,800; firefighters: level of protection against poverty 1,200; injuries: 1 firefighter and 3 residents. areas. It is not going to be enough to Orange County: Santiago Fire (Silverado when a worker can no longer work due simply put it in one place. Canyon, burning toward Portola Springs and to old age. Of course, we are all aware Last night, the Secretary of the Inte- Northwood village of Irvine)—Acres burned: of disability now being covered by So- rior informed me that the fires have 15,000 acres; containment: 30%; structures cial Security. Social Security benefits crossed the line and are entering into destroyed: 1 outbuilding; structures threat- are the only means of survival for mil- Baja California, Mexico, and urged ened: 2,000; residents evacuated: unk.; fire- lions of individuals with severe disabil- Mexican authorities to begin to speak fighters: 492. Lake Arrowhead: Slide and Grass Valley ities. These individuals rely on the So- out. cial Security Administration to These fires are fast moving. You see Fires (Green Valley Lake and Lake Greg- ory)—Acres burned: 1,800; containment: 0%; promptly and fairly adjudicate their them at a distance on a hill, and you structures lost: at least 450 homes; struc- applications for disability benefits. Un- do not believe you will be affected be- tures threatened: 1,900; firefighters: 82 en- fortunately, we are witnessing a trend cause the winds are contrary to what gines, 7 hand crews. where this is simply not happening. you expect. Then, suddenly, within a Mrs. FEINSTEIN. Mr. President, I According to the Social Security Ad- short period of time, 2 hours, the fire is suggest the absence of a quorum. upon you. The PRESIDING OFFICER. The ministration, there are currently over So people must be alert, and they clerk will call the roll. 756,000 cases waiting for hearing. That must evacuate these fire areas. The The assistant legislative clerk pro- is not waiting for a final determina- military is pitching in. Fifteen hundred ceeded to call the roll. tion, waiting for a hearing. The aver- National Guard personnel are actively Mr. HARKIN. I ask unanimous con- age time to get a hearing is 523 days. engaged or directly supporting fire- sent that the order for the quorum call That is the longest it has been in the fighting efforts. We have 550 Active- be rescinded. history of the Social Security Adminis- Duty marines, 17,000 California Na- The PRESIDING OFFICER. Without tration. The average processing time tional Guard personnel are available. I objection, it is so ordered. for a hearing is projected to increase believe we have more than 5,300 State Mr. HARKIN. For the benefit of Sen- next year, based on the numbers we of California firefighters on the line, ators, I understand a number of Repub- have in the appropriations bill before and hundreds more from local jurisdic- licans are at the White House for a us. This is a problem for individuals tions. Today, a combination of Na- White House meeting until 3:30, so with disabilities in my State of New tional Guard, Navy and Marine Corps there will not be any votes between Mexico. aircraft, are either supporting fire- now and 3:30. However, we want to get amendments up and debated. Hopefully Currently the average processing fighter efforts or are prepared to pitch time per case in the Albuquerque hear- in. at around 3:30 or shortly thereafter we can start a series of votes. Right now ing office is 528 days. Keep in mind, The problem is, with the wind and this is only the time it takes to get a dense smoke, it is difficult for a plane we have four amendments pending and three more amendments that are not hearing. This does not include the time or helicopter to know where they are it takes for an initial determination or going. Simply put, this is a disaster of pending but will be called up shortly. One of those will be offered by the Sen- for a final determination. This past huge proportions. It is catastrophic in May the Finance Committee, on which terms of property loss and environ- ator from New Mexico. That is the lay of the land. It looks as if we are down I am privileged to serve, received testi- mental damage. mony indicating there are thousands of Hopefully, it is not going to be a to about seven votes, possibly, starting individuals with disabilities who cur- huge catastrophe in terms of loss of at or around 3:30 or shortly thereafter. rently have cases pending with the So- life. I do not think there is anything I yield the floor and suggest the ab- cial Security Administration and have other than a catastrophic health inci- sence of a quorum. The PRESIDING OFFICER. The had those cases pending for 3 years or dent that is more serious to a person or clerk will call the roll. more. The Finance Committee received family than losing their home by flood The assistant legislative clerk pro- testimony regarding the extreme hard- or fire. ceeded to call the roll. I know Californians will respond in ships individuals with severe disabil- Mr. BINGAMAN. I ask unanimous ities must endure while awaiting a their traditional stalwart and generous consent that the order for the quorum manner to help their neighbors. Both final decision on their disability call be rescinded. claims. We heard instance after in- Senator BOXER’s and my heart go out The PRESIDING OFFICER. Without stance where individuals with severe to all Californians today. objection, it is so ordered. I ask unanimous consent that the Mr. BINGAMAN. Mr. President, I un- disabilities were unable to work and specific statistical roundup of these derstand there is still some checking to were forced to declare bankruptcy. larger fires be printed in the RECORD. see if there is any objection to setting They lost their homes, suffered deterio- There being no objection, the mate- aside the pending amendment so I may ration in their medical conditions, and rial was ordered to be printed in the offer an amendment. While we are some even died while their claims lin- RECORD, as follows: waiting, I wish to describe the sub- gered in Social Security Administra- Here is a roundup of the larger fires: stance of the amendment I intend to tion offices. San Diego: Witch Fire (NE S.D. County, offer. According to the Social Security Ad- near Santa Ysabel, burning toward Ramona This amendment is intended to re- and Julian)—Acres burned: 145,000; contain- ministration, staffing levels are at ment: 0%; residents evacuated: 100,000+; duce the Social Security backlog. Most their lowest since 1972. Thirty years structures destroyed: 500 homes, 100 commer- of us who go back to our home States ago, the Social Security Administra- cial properties; structures threatened: 2,000 on weekends and during recesses know tion had more than 82,000 employees. In homes, 400 commercial properties; fire- about the Social Security backlog. We 2005 the Social Security Administra- fighters: 625; injuries: none reported. hear from individuals in our States tion had 66,000 employees. In a few San Diego: Harris Fire (SE S.D. County, 75 about how long they have to wait to months, the expected employment at miles east of downtown San Diego near the find out whether their Social Security Mexican border)—Acres burned: 22,000; con- the Social Security Administration tainment: 5%; residents evacuated: 1,000+; disability claims have been approved. will drop below 60,000. We hear about elderly people waiting firefighters: 400; deaths—injuries: 1 man Thousands of employees are leaving in long lines for service at Social Secu- killed, 5 firefighters and 20 civilians injured. the Social Security Administration’s Malibu: Canyon Fire (Burning toward rity offices. We hear about busy signals field and hearing offices without being Pepperdine University and Pacific Ocean)— when they call the 1–800 number that is replaced. As many of us know, the field Acres burned: 3,800; containment: 10%; resi- provided for people trying to find out offices around the country are reducing dents evacuated: 1,500; structures destroyed: the status of their Social Security 6 homes, 1 church; structures threatened: 600; their hours. firefighters: 1,500; injuries: none. claim. But I am not sure most of us un- Agua Dulce—Santa Clarita: Buckweed Fire derstand the extent of the backlog, the In Carlsbad, NM—which I visited 2 (Mint Canyon area, burning toward Magic consequences of it, or the reasons. weeks ago—due to a reduction in hours Mountain)—Acres burned: 35,550; contain- For more than 70 years Social Secu- of service, seniors and people with dis- ment: 20%; residents evacuated: 15,000; struc- rity has provided millions of American abilities are forced to line up around

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13220 CONGRESSIONAL RECORD — SENATE October 23, 2007 the building, often waiting hours to get submitted, the Commissioner’s plan Who seeks recognition? served. Even worse, some field offices would include: accelerating review of The Senator from Virginia. are shutting their doors permanently. cases that are likely or certain to be Mr. WEBB. Mr. President, I ask Meanwhile, since 1990, the number of approved; improving hearing proce- unanimous consent to speak as in disabled workers drawing disability dures; increasing adjudicatory capac- morning business. benefits has more than doubled. That ity; and increasing efficiency through The PRESIDING OFFICER. Without number has gone from 3 million in 1990 automation and improved business objection, it is so ordered. to 6.8 million today. Field offices are processes. (The remarks of Mr. WEBB are print- averaging over 850,000 visitors a week Unfortunately, the amount of fund- ed in today’s RECORD under ‘‘Morning during this current year. ing in the bill does not go far enough, Business.’’) As we know from the press, the first in my view, to substantially reduce the Mr. WEBB. Mr. President, I yield the baby boomer officially filed for Social backlog. According to the Commis- floor. Security last week. So the demands on sioner, this amount of funding will The PRESIDING OFFICER. The Sen- Social Security are only going to in- merely ‘‘stem the tide.’’ It will not ad- ator yields back. crease. In addition, Congress has sig- dress the backlog in a significant way. Who seeks recognition? nificantly increased the Social Secu- The fiscal year 2008 budget resolu- Mr. WEBB. Mr. President, I suggest rity Administration’s responsibilities tion—which we all considered on the the absence of a quorum. as part of the Medicare Part D legisla- floor, and many of us voted for—rec- The PRESIDING OFFICER. The tion. ommends an increase of $430 million clerk will call the roll. So the Social Security Administra- above the President’s request for the The assistant legislative clerk pro- tion finds itself in a very dire cir- Social Security Administration’s ad- ceeded to call the roll. cumstance. The Social Security Ad- ministrative budget in order to reduce Mr. CASEY. Mr. President, I ask ministration has over 1,400 field and this backlog. The amendment I am in- unanimous consent that the order for hearing offices in cities and towns tending to offer later today would get the quorum call be rescinded. across the country. Mandatory costs, us to half that amount by increasing The PRESIDING OFFICER. Without such as program integrity, rent, the Social Security Administration’s objection, it is so ordered. guards, postage, employees’ salaries, administrative budget by an additional (The remarks of Mr. CASEY are print- and benefits are continuing to rise. Un- $160 million. The amendment would ed in today’s RECORD under ‘‘Morning fortunately, Congress appropriated on give the Social Security Administra- Business.’’) average each year for the last 7 years tion the resources it needs to reduce Mr. CASEY. Madam President, I about $150 million less than the admin- the backlog to help get rid of these yield the floor. istration requested. The current budget long lines. The PRESIDING OFFICER (Mrs. situation has simply been compounded The amendment is paid for. The MCCASKILL). The Senator from by years of sustained underfunding by amendment would shift excess Medi- Vermont is recognized. the Congress. care funds to pay for this critical in- Mr. SANDERS. Madam President, let According to the Social Security Ad- crease in funding to the Social Secu- me take this opportunity to thank ministration, the present cost of proc- rity Administration in this 1 year. Senator HARKIN and his staff for their essing the hearing backlog would be These offsetting funds have been iden- very hard work on the Labor-HHS leg- $794 million. The difference between tified in close collaboration with Fi- islation and commend the ranking the amount of funding requested for nance Committee staff and, of course, member, Senator SPECTER, and his administrative expenses and the Senator BAUCUS is a cosponsor of the staff as well. The reality is that the amount appropriated for fiscal years amendment. needs facing the people of our country Importantly, these funds would be 2001 through 2007 is $962 million—more who are impacted by this bill are enor- immediately replaced at the beginning than enough to address the backlog. So mous. There is, unfortunately, not of fiscal year 2009 with generally avail- if we had actually appropriated what enough funding available to accommo- able funding that was passed as part of date those needs, and within that con- the administration asked for during the Transitional Medical Assistance text, Senator HARKIN and Senator fiscal years 2001 through 2007, we would extenders package. SPECTER have done their very best. largely have this backlog problem Finally, the amendment would also I wish to say a few words about one solved. Unfortunately, we did not do permit the U.S. Treasury Department particular program which is important that. to invest its excess operating capital. to me, which is important to the people I thank the chairman and the rank- So this represents responsible over- of Vermont, and which is vitally im- ing member of this subcommittee on sight by the Treasury Department. the Appropriations Committee for This policy has been recommended by portant to this whole country as we try their significant efforts to address the the Government Accountability Office to deal with the health care crisis our backlog. As you know, the chairman of and others. It is estimated this policy country is now facing, a crisis in which the subcommittee has been a tireless will generate tens of millions of dollars 47 million Americans have no health leader on issues affecting individuals for the Federal Government over the insurance, even more are underinsured, with disabilities. For decades, he has next 10 years. and the cost of health care is soaring led the way in the Senate on reducing The bottom line is millions of Amer- every day. What this legislation deals barriers for individuals with disabil- ican workers and their families—people with and I think deals with quite well ities and ensuring full community par- whom we represent—rely on Social Se- is understanding that it is important ticipation. curity to protect them against poverty for us to grow the number of commu- Fortunately, the chairman and the in the event they are no longer able to nity health centers in this country. ranking member recognized the cur- work. This incredible insurance pro- The community health center pro- rent challenges individuals with dis- gram is breaking down because of our gram is a wonderful success story, and abilities are facing in accessing dis- failure to fund the administration of it is widely recognized as one of the ability benefits, and they have worked the program. most cost-effective programs in the en- hard to increase administrative funds So I urge my colleagues to support tire Federal Government. Community for the Social Security Administration my amendment. It is being offered on health centers are community-run. by $125 million over the amount that behalf of myself, Senator SNOWE from They are run by the people in the com- was requested by the President. I be- Maine, and Senator BAUCUS from Mon- munity themselves. They are run on a lieve we all recognize how important tana. nonprofit basis. They provide not only that infusion of funds will be. Mr. President, I do not believe we affordable health care to their people In the committee report accom- have yet gotten to a point procedurally but affordable dental care, which is a panying the bill that we are consid- where I am able to offer the amend- growing crisis all over rural America ering, the chairman requested the ment, so I yield the floor. and in the State of Vermont. They pro- Commissioner of Social Security to set The PRESIDING OFFICER. The Sen- vide mental health counseling—an- forth a plan to reduce the backlog. As ator yields the floor. other serious issue. They provide low-

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13221 cost prescription drugs—in fact, the In addition to this appropriations gering change. Adult meth use is down lowest cost prescription drugs avail- bill, we are also in the process of reau- in Montana by as much as 70 percent. able in America. thorizing the community health center The Montana Meth Project is an exam- These federally qualified health cen- program in the Health, Education, ple of a highly effective private sector ters serve people from all walks of life Labor and Pensions Committee on education and prevention effort. This and all incomes. Whether you have pri- which I serve, and I thank our chair- success is also good news for Arizona, vate insurance, whether you have man and our ranking member for put- Illinois and my State of Idaho, all Medicare, whether you have Medicaid, ting forth this important legislation three of which have started their own or whether you have no health insur- that has the support of 68 Members ‘‘Meth Projects.’’ While this is very en- ance, you are welcome into these com- from both sides of the aisle. couraging, we have a long way to go. munity health centers. For those with So I think this issue of community Montana and Idaho are just two no health insurance, payment is based health centers is very much an issue States that have been overwhelmingly on a sliding scale. If you don’t have a and an area supported by people from affected by meth production, use and whole lot of money, you don’t have to different political perspectives. It is addiction. Rural communities nation- pay a lot for your health or dental doing an enormous job in providing wide have been hit particularly hard by care. health care to millions of Americans. I the demand and presence of this lethal Today, over 16 million Americans—16 am glad we are going to take a step drug, creating major challenges for law million—benefit from the services forward when we pass this legislation. enforcement, health and welfare and health centers provide in every State The PRESIDING OFFICER. The Sen- environmental protection agencies, not and in almost every congressional dis- ator from Idaho is recognized. to mention our families and school sys- trict in our country. For an average Mr. CRAPO. Madam President, I ask tems. Federal grant expenditure of only $124 unanimous consent to speak as in I have been approached by police offi- per patient per year, these centers offer morning business. cers, community leaders, health advo- comprehensive health care, regardless The PRESIDING OFFICER. Without cates, school administrators, and of ability to pay. At a time when more objection, it is so ordered. criminal justice leaders about the se- and more Americans are losing their METHAMPHETAMINE CONTROL vere toll that this drug takes on our health insurance, when they are find- Mr. CRAPO. Madam President, in citizens, particularly teens and young ing it hard to secure primary health September, the Finance Committee adults. They have witnessed destroyed care, these centers play an extraor- held a hearing on the efficacy, over the relationships and families torn apart, dinary role, and they deserve to be ade- past year, of the Combat Methamphet- all suffering from this drug that in- quately funded. amine Epidemic Act, or the Combat This legislation provides $2.24 billion vades neighborhoods, friends, and fami- Meth Act, for short. The Combat Meth for the community health center pro- lies. According to Idaho’s Department Act implemented restrictions on drugs gram—a $250 million increase above the of Health and Welfare, the number of that go into the production of fiscal year 2007 level. I thank Senators children in foster care increased by 40 methamphetamines. Methamphet- Harkin and Specter very much for percent between 2002 and 2006. Approxi- amine abuse has devastated lives, fami- their support for this program. It is es- mately 3,000 children enter foster care lies, and communities across our Na- timated that this increase will allow us in Idaho every year; the majority of to expand or create some 500 new com- tion and across the world. The testi- them are children of meth-addicted munity health centers all over this mony given at this hearing by the U.S. single mothers. Our children are the country, serving an additional 2 mil- Department of Homeland Security, the unwitting and helpless victims of this lion Americans. That is a big deal at a U.S. Department of State, and State menacing drug epidemic. time when millions and millions of agencies indicated that while the Com- There is some encouraging news but, people are unable to find primary bat Meth Act helped reduce the home as is the case with drug trafficking, it health care or just don’t have the funds production of methamphetamine is tempered with alarming trends. In to pay for it. Given the fact that we across the U.S., it is now flowing at 1999, Idaho implemented an initiative have 47 million uninsured, it is clear historic levels across our borders from to fight meth production, coordinating this is not enough, but it is a signifi- countries where production controls regional and State level law enforce- cant step forward. are much less rigid. ment efforts. These efforts have proven In Vermont in recent years, we have A 2006 Substance Abuse and Mental highly successful. In 2000, 186 meth labs expanded the number of federally Health Services Administration report were seized. In 2004, the number had qualified health centers from two to found that my home State of Idaho had dropped to 38 thanks to this enhanced six, and my hope is that we can add an one of the highest rates of meth- coordination strategy. According to additional three or four more centers amphetamine use in the preceding 12 Idaho law enforcement agencies, meth in the next 3 years. These centers now months of those aged 12 and older. In lab seizures are now at an all-time low, serve over 86,000 Vermonters and pro- rural Idaho, especially, the issue of which has resulted in less danger to vide quality health care, quality dental methamphetamine abuse has almost neighborhoods and communities, as care, low-cost prescription drugs, and become commonplace: I visit with local well as to environmental protection mental health counseling in some 23 officials and community leaders to workers who are responsible for doing different locations around the State of hear about problems affecting their clean up of these sites after they are Vermont. The centers are the medical community when I am home in Idaho. seized. home for 24 percent of Vermont’s Med- When I ask if it is still a problem, the At the Finance Committee hearing icaid beneficiaries and serve 19 percent response is almost always ‘‘of course,’’ last month, Gary Kendall, director, of our uninsured. as if the very question was a little State of Iowa Governor’s Office of Drug Nationally, health centers are not naive. This troubles me greatly. Control Policy, testified that Iowa had only providing quality, efficient care in Thomas Siebel, chairman and found- also seen success with ‘‘State and local underserved communities, they are fill- er of the highly successful Montana prevention efforts’’ and ‘‘multijuris- ing a major gap in our Nation’s health Meth Project, also testified at the Sep- dictional task forces.’’ care system where primary care is be- tember Finance Committee hearing on At the national and international coming a lost profession. It is no secret the Combat Meth Act. The Montana level, according to the State Depart- that in many parts of America, espe- Meth Project was established in 2005 as ment Bureau for International Nar- cially rural America, it is very, very a nonprofit organization created to re- cotics and Law Enforcement, since the hard for people to locate a primary duce first-time methamphetamine use passage last year of the Combat Meth health care physician. It is also imper- through public-service messaging, pub- Act, methamphetamine abuse has been ative that these centers play a role, lic policy and community outreach. In trending slightly downward in the which allow people to go to them rath- the 2 years since the project has been United States; unfortunately, world- er than flooding emergency rooms in active in Montana, the State has gone wide consumption is growing. This is hospitals, which are much more expen- from being fifth in the Nation for per due in large part to the fact that, com- sive. capita meth use to 39th today—a stag- pared to organic illegal drugs such as

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13222 CONGRESSIONAL RECORD — SENATE October 23, 2007 opiates and cocaine, methamphetamine choice for 15 to 16 million people world- sponsibilities for the lie that is a meth is relatively easy to manufacture, can wide. high. We have seen the tragedy of new- be produced just about anywhere and Our work to combat meth is a born babies taken away from mothers has a very substantial profit margin. It multipronged process and, as I said ear- unable to care for them, and the in- is the State Department’s assessment lier, rural areas and States have been fants themselves suffering the same that international mitigation and con- hit particularly hard by this trend. terrible addiction. trol of this disturbing worldwide trend Small towns in Idaho, Montana, Wyo- Meth continues to ravage America’s can only be maintained by strong U.S. ming, and other States remain under communities, large and small. This leadership. We have seen some success siege by the meth epidemic. These are will require an increased effort from in recent months and years. During the not communities with substantial the Federal Government to bring an first 6 months of this year, Operation numbers of law enforcement personnel end to meth use and production in Crystal Flow, a joint operation be- and resources, massive revenue bases, these places. It is especially important tween the U.S. Government and gov- or specialized departments and offices to focus Federal dollars where they are ernments in North and South America to fight back. truly needed—in rural communities na- and West Asia, saw the halting, suspen- Recently, an Idahoan with over 20 tionwide that don’t have the manpower sion or seizure of 53 tons of chemicals years’ experience working with drug- or other resources to fight this battle that go into meth production—so- endangered children shared an idea alone. I call on my colleagues to sup- called precursor drugs. with me on how to best fight the meth port critical effective efforts in their This operation was the joint effort of problem in rural communities. His rec- respective States to work toward the International Narcotics Control ommendation was that the Federal meth-free communities, and to con- Board through its Project Prism Task Government should assist local com- tinue to support U.S. leadership and in- Force which includes the U.S. Drug En- munities in forming multi-organiza- volvement in international drug traf- forcement Agency and authorities in tion, school, parent, and agency task ficking interdiction and suppression ef- 126 other nations. This is just one of a forces to educate children and adults forts. number of international efforts in about the perils of meth addiction. He There are many things we can do which the U.S. Government is partici- reminded me that these task forces from the Federal level to the State pating. exert community and peer pressure to level to the local community and, With the crackdown here at home on report the presence of labs and those frankly, the family and individual lev- methamphetamine production, the sup- selling and using meth in the commu- els to fight meth in this country. ply source has changed. Today, Mexico nity. In Idaho, this approach has prov- One of the most important findings is is the principal foreign supplier of en to be the most effective way to com- simply educating people about the methamphetamine to the United bat meth problems in our rural com- risks involved in the use of States. According to the State Depart- munities. Educating people before they methamphetamines. It is critical to ment, 80 percent of drug addicts in try meth like the Montana Meth our ability to reduce the demand and Mexicali and Tijuana are using meth. Project has done, enabling and ener- to be able to get a handle on fighting Mexico itself has a very serious meth- gizing local collaborative task forces the supply. amphetamine addiction problem to spread the word that their commu- I yield back the remainder of my among its population and, because of nities say ‘‘no’’ to meth, and maintain- time. the success of the Combat Meth Act ing a zero tolerance policy that in- Mr. HARKIN. Madam President, I and activities undertaken by individual cludes severe penalties for breaking suggest the absence of a quorum. States, U.S. demand for the drug has the law, will help reduce demand and The PRESIDING OFFICER. The gone south, so to speak. Meth from so- dry up supply. clerk will call the roll. called ‘‘superlabs’’ in Mexico is reach- Integral to fighting methamphet- The legislative clerk proceeded to ing beyond the already-established de- amine in our communities is educating call the roll. mand of my State and surrounding our children. To that end in Idaho, I Mr. ENSIGN. Madam President, I ask western and southwestern States to have partnered with the Idaho State unanimous consent that the order for other areas in the United States: we’re Department of Education Safe and the quorum call be rescinded. seeing it in the Great Lakes, the Drug Free Schools program and issued The PRESIDING OFFICER. Without Northeast, and Southeast. a call for high schools across my State objection, it is so ordered. Again, the lure of an enormous profit to create public service announcements Mr. ENSIGN. I want to talk about margin, coupled with the highly ad- that seek to educate other students two amendments I have offered that dictive nature of meth is a proven rec- about the dangers of methamphet- hopefully will be voted on very shortly. ipe for even greater disaster. The Mexi- amine abuse, on the model of the high- Is there any kind of unanimous consent can Government has been working over ly successful Montana Meth Project. agreement? the past few years to exert more sweep- Getting our youth involved directly in The PRESIDING OFFICER. There is ing control of the movement of large this outreach and education effort will not. amounts of methamphetamine pre- reduce the potential for methamphet- Mr. ENSIGN. Just to alert the man- cursor drugs. Our Government is work- amine use. agers of the bill, I probably will not ing with the Mexican Government in Considering the growing inter- talk for more than about 10 minutes ongoing border security and drug traf- national methamphetamine epidemic, total. ficking initiatives, but as supply lines it is in our Nation’s interest to remain AMENDMENT NO. 3342 are squelched in one area, they restart very active in cooperative endeavors The first amendment I want to talk in other areas and other countries such as those in which the State De- about is the amendment that deals where controls and law enforcement partment, the U.S. Drug Enforcement with the totalization agreement be- are lacking. As I stated earlier, this is Agency, and the Department of Home- tween the United States and Mexico, an international problem and efforts, land Security are currently involved. the latest attempt to drain the Social led by the United States, must be glob- These successful programs deserve con- Security trust fund. al in scope. tinued funding in order to stop the sup- In 2004, the Commissioner of Social According to the Department of ply of meth coming into our neighbor- Security signed a totalization agree- Homeland Security and Immigration hoods. ment with the Director General of the and Customs Enforcement, meth- It is time for our Nation to mobilize Mexican Social Security Institute. amphetamine seizures have steadily in- to fight this deadly drug. It is time to While the President has not yet sub- creased. Although Immigrations and let foreign drug traffickers know that mitted the United States-Mexico total- Customs Enforcement has increased its the United States is closed to meth ization agreement to Congress, I am bilateral and multilateral drug inter- business. We have witnessed enough concerned that the agreement can se- diction efforts in recent years, and children with ruined bodies, minds, and verely impact the Social Security trust drug seizures are up, the supply is also lives. We have seen enough adults fund and threaten the retirement bene- increasing as it becomes the drug of abandon their parental and societal re- fits of hard-working Americans.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13223 The proposed totalization agreement $1 million on other people’s illegal presided over the Senate many hours with Mexico does not contain protec- work. myself—never 100 in a year, as the Sen- tions against fraud, and there are too There was also Caleb, who lives in ator has done—I know it is a very many unanswered questions about its Nevada with his wife and two young grueling process. You not only see the cost to American taxpayers. The Gov- children. In December of 2003 Caleb was debate going on here on the floor but ernment Accountability Office has al- unable to work and he applied for un- all things going on, as it has happened ready warned us that the proposed to- employment benefits. He was denied today, outside of the microphones. So talization agreement with Mexico will benefits that were rightfully his and with the Senator’s experience as a Gov- likely increase the number of unau- was told that it was because he was al- ernment worker, we are so glad to have thorized workers and make their fam- ready working as a landscaper in Las her in the Senate. The people of Mis- ily members eligible for Social Secu- Vegas. Las Vegas and Reno are about souri sent us a real dandy when they rity benefits. 500 miles apart. It would have been sent the Senator here. Congratula- Mexican workers, who ordinarily very difficult for this unemployed tions. would not receive benefits because they worker in Nevada. What I didn’t say is that when some- lack the required 10 years of legally Stories such as this are all too com- one serves for 100 hours, they get a documented employment in the United mon. States have experienced a crime golden gavel, which is a nice award. It States, could qualify for partial Social spree involving illegal immigrants has a nice case, and it is something the Security benefits with as little as 11⁄2 using the stolen identities of children. Senator will always have to remember years of work history. In one case in Utah, a child apparently her first year in the Senate. More family members living in Mex- owns a cleaning company and works as Madam President, I suggest the ab- ico would also qualify for United a prep cook at two restaurants in Salt sence of a quorum. States Social Security benefits, be- Lake City. That is a lot of responsi- The PRESIDING OFFICER. The cause the proposed agreement waives bility, especially for a little 8-year-old clerk will call the roll. The assistant legislative clerk pro- rules that prevent payments to non- boy. citizens such as children and spouses A little boy in Salt Lake City sup- ceeded to call the roll. Mr. REID. Mr. President, I ask unan- living outside the United States. posedly works for an express air freight imous consent the order for the Because the Mexican Government company; quite an important job for an does not keep sufficient records of quorum call be rescinded. 11-year-old. The PRESIDING OFFICER (Mr. births, deaths, and marriages, it would These stories are quite shocking. SALAZAR). Without objection, it is so be nearly impossible to determine Americans are being denied unemploy- ordered. whether someone died so that the So- ment benefits and are being unfairly Mr. REID. Mr. President, it is never cial Security Administration could dis- targeted for failure to pay taxes on really easy. We have a lot of procedural continue sending benefits. The Social money they did not earn. My amend- stuff. I have tried to be as patient as I Security Administration estimates ment prohibits the Social Security Ad- can be. I have acknowledged publicly that 50,000 additional Mexican workers ministration from using funds to proc- that the two managers have done ev- would qualify for these benefits in the ess claims for work performed under a erything within their power to move first 5 years, for a total estimated cost stolen or fraudulent Social Security this bill; 12:30 has passed but the good of over $500 million. During that same number. faith is still here. We are going to work time period, the agreement would save We should not reward individuals through and finish this bill. We have U.S. workers a little over $100 million. who have knowingly engaged in illegal lost a few hours, but I think with this If you do the math, it appears the cost behavior. My amendment will ensure agreement we will accomplish every- of the agreement could be almost four that the 218 illegal immigrants who thing we need to do, even if we had times the savings. stole Audra’s Social Security number completed this bill earlier today. Before we send scarce Social Secu- will not receive benefits from the So- Mr. President, I ask unanimous con- rity dollars to a foreign country, Con- cial Security trust fund. The sent the following be the only amend- gress must first determine whether a landscaper who stole Caleb’s Social Se- ments or motions remaining in order totalization agreement is in the best curity number will not get credit for to the bill; that there be 2 minutes of interests of our country. his work using one of my constituent’s debate prior to each vote, equally di- To protect Social Security benefits numbers, and the prep cook who stole vided and controlled in the usual form, to U.S. citizens, and to preserve the an 8-year-old’s Social Security number and that there be 20 minutes of debate program for future generations, I am will not get credit for victimizing a equally divided and controlled prior to offering this amendment today. My child either. a vote on the motion to commit; that amendment would bar funding for the We should value hard work and re- no second-degree amendments be in administration of benefit payments ward those who play by the rules. order other than as specified in this under a totalization agreement with Therefore, I urge my colleagues to sup- agreement; that upon disposition of all Mexico. port both of these important amend- amendments and motions, if the mo- AMENDMENT NO. 3352 ments. tion to commit is defeated, then the I am also offering a second amend- I yield the floor, and suggest the ab- substitute amendment, as amended, be ment. There have been many media re- sence of a quorum. agreed to, the bill be read a third time, ports recently about those who are The PRESIDING OFFICER. The and the Senate proceed to vote on pas- here illegally stealing American Social clerk will call the roll. sage of the bill with the vote sequence Security numbers. Every year employ- The legislative clerk proceeded to as listed below. ers are advised that nearly 800,000 em- call the roll. I will talk specifically about the list- ployees do not have valid matching So- Mr. REID. Madam President, I ask ing of the amendments and the order in cial Security numbers. In too many of unanimous consent that the order for which they will be voted upon because those cases, the numbers that are used the quorum call be rescinded. this has been negotiated for the last belong to someone else in America. The PRESIDING OFFICER. Without several hours. After the first vote, the Today, I am going take a few mo- objection, it is so ordered. time for each vote be 10 minutes each. ments to share with my colleagues a GOLDEN GAVEL They will be voted on in the following few of the stories of victims of identity Mr. REID. Madam President, the order: No. 1, Cardin, No. 3400; No. 2, En- theft. I have shared some of these sto- hour of 5 o’clock has arrived, and the sign, No. 3342; No. 3, Ensign, No. 3352; ries in the past. Last year I spoke occupant of the chair has now presided No. 4, Vitter, No. 3328, and that it be in about Audra, who had been a stay-at- over the Senate for 100 hours. That is order for the amendment to be modi- home mom since 2000. Her Social Secu- commendable. The Senator is the fied if agreed upon by the managers or rity number was being used by at least fourth to have done it this year. I am Senator VITTER; the Dorgan pending 218 different illegal immigrants, most- proud and appreciative of that. It is amendment, No. 3345, will be with- ly in Texas, to obtain jobs. The IRS ac- not easy to preside for 100 hours. Some- drawn—that will be done by either Sen- cused her of owing back taxes of over times it is difficult. Frankly, having ator DORGAN or the chairman, Senator

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13224 CONGRESSIONAL RECORD — SENATE October 23, 2007 HARKIN—No. 5, Bingaman, No. 3440, The PRESIDING OFFICER. The ma- practical technology to the mining environ- with 2 minutes each, BINGAMAN and jority leader is correct. Without objec- ment to improve miner protections during KYL; No. 6, Kennedy, No. 3433, as modi- tion, it is so ordered. mining at depths greater than 1500 feet, and research needed to develop improved tech- fied; No. 7, Grassley-Sanders, No. 3396, AMENDMENT NO. 3345 WITHDRAWN nology to improve miner protections during and that the amendment be modified Under the previous order, the Dorgan mining at such depths. with the changes at the desk, and it is amendment No. 3345 is withdrawn. (3) Not later than 90 days after the submis- my understanding there will be a voice The Senator from Iowa. sion of the report described in paragraph (2) to Congress, the Secretary of Health and vote on that; No. 8, Schumer, No. 3404, AMENDMENT NO. 3443, AS MODIFIED, TO Human Services shall publish a notice in the as amended by the Durbin amendment, AMENDMENT NO. 3325 No. 3449—voice vote; No. 9, DeMint Federal Register describing the actions, if Mr. HARKIN. Mr. President, before any, that the Secretary intends to take amendment on first-class air travel to we start, I send a modification to the based on the report. be offered and agreed to; No. 10, desk and ask for its immediate consid- AMENDMENT NO. 3430, AS MODIFIED, TO Chambliss amendment No. 3391, as eration on amendment No. 3443 for Sen- AMENDMENT NO. 3325 modified; No. 11, Republican motion to ator HATCH. Mr. HARKIN. Mr. President, I ask commit. The PRESIDING OFFICER. The unanimous consent to vitiate the pre- Further, I ask unanimous consent clerk will report. vious vote on amendment No. 3430, the that upon the passage of H.R. 3043 the The legislative clerk read as follows: Feingold amendment. I now send to the Senate insist on its amendment, re- The Senator from Iowa [Mr. HARKIN], for desk a modification of that amendment quest a conference with the House on Mr. HATCH, proposes an amendment num- and ask for its immediate consider- the disagreeing votes of the two bered 3443, as modified. ation. Houses, and the Chair be authorized to Mr. HARKIN. Mr. President, the The PRESIDING OFFICER. Without appoint conferees, and that the Senate amendment has been agreed to on both objection, it is so ordered. Amendment then proceed to executive session to sides. 3430, as modified, is agreed to. consider the nomination of Leslie The PRESIDING OFFICER. Without The amendment (No. 3430), as modi- Southwick to be U.S. Circuit judge; objection, the amendment is agreed to. fied, was agreed to, as follows: that a cloture motion on the nomina- The amendment (No. 3443), as modi- AMENDMENT NO. 3430, AS MODIFIED tion be filed at that time; that there be fied, was agreed to, as follows: At the end of title III, add the following: 4 hours for debate on the motion with SEC. ll. (a) Not later than May 31, 2009, AMENDMENT NO. 3443, AS MODIFIED the time to be divided between Sen- the Comptroller General of the United States At the appropriate place in title II, insert ators LEAHY and SPECTER or their des- shall submit a report to Congress on the the following: ignees, and that 2 hours of that time be strategies utilized to assist students in meet- SEC. ll. (a) The amount appropriated used today with the remaining time to ing State student academic achievement under the heading ‘‘DISEASE CONTROL, RE- standards, including achieving proficiency be used tomorrow; following the Sen- SEARCH, AND TRAINING’’ under the heading on State academic assessments. ate’s convening at 9 a.m., that the Sen- ‘‘CENTERS FOR DISEASE CONTROL AND PREVEN- (b) The report required under subsection ate vote on cloture on the nomination TION’’ in this title is increased by $1,000,000. (a) shall include data collected from a rep- to occur at 11 a.m. tomorrow; that if (b) The amount appropriated under the resentative sample of schools across the Na- cloture is invoked, the Senate then heading ‘‘GENERAL DEPARTMENTAL MANAGE- tion to determine the strategies utilized by vote immediately on confirmation of MENT’’ under the heading ‘‘OFFICE OF THE schools to prepare students to meet State SECRETARY’’ in this title is decreased by the nomination; if cloture is not in- student academic achievement standards $1,000,000. and achieve proficiency on State academic voked, the nomination be returned to (c)(1)(A) The Secretary of Health and assessments, including the following cat- the calendar and the Senate return to Human Services (acting through the Direc- egories of strategies: legislative session; if the nomination is tor of the National Institute for Occupa- (1) Adjusting the structure of the school confirmed, the motion to reconsider be tional Safety and Health) shall conduct, and day, which may include the expansion of the laid on the table, the President be im- shall invite the University of Utah and West school day, or modifications in the time mediately notified of the Senate’s ac- Virginia University to participate in con- spent on instruction in core academic sub- tion, and the Senate return to legisla- ducting, a study of the recovery of coal pil- jects. lars through retreat room and pillar mining tive session; that regardless of the out- (2) The professional development provided practices in underground coal mines at to teachers or additional school personnel to come, once the Senate returns to legis- depths greater than 1500 feet. assist low-performing students. lative session there be 20 minutes (B) The study shall examine the safety im- (3) Changes in the provision of instruction equally divided for debate between the plications of retreat room and pillar mining to students, including targeting low-per- two leaders or their designees prior to practices, with emphasis on the impact of forming students for specialized instruction the cloture vote on the motion to pro- full or partial pillar extraction mining. or tutoring. ceed to S. 2205, the DREAM Act. (C) The study shall consider, among other (4) Utilizing types of instructional mate- The PRESIDING OFFICER. Is there things— rials to prepare students. objection? (i) the conditions under which retreat min- (5) Instituting other State or local assess- ing is used, including conditions relating The minority leader is recognized. ments. to— (6) Using other strategies to prepare stu- Mr. MCCONNELL. Regretfully re- (I) seam thickness; dents to meet State student academic serving the right to object, after the (II) depth of cover; achievement standards and achieve pro- majority leader began to read this (III) strength of the mine roof, pillars, and ficiency on State academic assessments. agreement, I have one potential snag floor; and (c) The data collected pursuant to this sec- over here, and I think it will be cleared (IV) the susceptibility of the mine to seis- tion shall be disaggregated by— shortly. I would like to suggest we mic activity; and (1) schools with a high percentage of stu- have a quorum call briefly and let me (ii) the procedures used to ensure miner dents eligible for a free or reduced price safety during retreat mining. lunch under the Richard B. Russell National check out one more thing. We should (2)(A) Not later than 1 year after beginning School Lunch Act (42 U.S.C. 1751 et seq.); be able to go forward. the study described in paragraph (1), the Sec- (2) schools with a low percentage of stu- I suggest the absence of a quorum. retary shall submit a report containing the dents eligible for a free or reduced price The PRESIDING OFFICER. The results of the study to the Committee on lunch under the Richard B. Russell National clerk will call the roll. Education and Labor of the House of Rep- School Lunch Act (42 U.S.C. 1751 et seq.); The legislative clerk proceeded to resentatives, the Committee on Health, Edu- (3) schools with a student enrollment con- call the roll. cation, Labor, and Pensions of the Senate, sisting of a majority of racial and ethnic mi- Mr. REID. Mr. President, I ask unan- the Committee on Appropriations of the nority students; imous consent that the order for the House of Representatives, and the Com- (4) schools with a student enrollment con- quorum call be rescinded. mittee on Appropriations of the Senate. sisting of a majority of non-minority stu- (B) The report shall include recommenda- dents; The PRESIDING OFFICER. Without tions to enhance the safety of miners work- (5) urban schools; objection, it is so ordered. ing in underground coal mines where retreat (6) suburban schools; Mr. REID. It is my understanding mining in room and pillar operations is uti- (7) rural schools; and there is a unanimous consent pending; lized. Among other things, the recommenda- (8) schools identified as in need of improve- is that right? tions shall identify means of adapting any ment under section 1116 of the Elementary

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13225 and Secondary Education Act of 1965 (20 lives, are allowed to come to a safe Thune Voinovich Whitehouse U.S.C. 6316). haven, the United States. Vitter Webb Wyden (d) The representative sample described in This amendment extends a helping NOT VOTING—8 subsection (b) shall be designed in such a manner as to provide valid, reliable, and ac- hand to those who have helped us under Biden Dodd Obama very difficult and dangerous cir- Clinton Kennedy Warner curate information as well as sufficient sam- Conrad McCain ple sizes for each type of school described in cumstances. As I indicated, refugees subsection (c). are entitled to this benefit for up to 7 The amendment (No. 3400) was agreed (e) The data collected under subsection (b) years. This provides benefits for only to. shall be reported separately for the most up to 6 months for the SIV holders. Mr. REID. I move to reconsider the common types of strategies, in each of the It is carefully crafted. It has been vote. categories listed in paragraphs (1) through Mr. DORGAN. I move to lay that mo- (6) of subsection (b), used by schools to pre- scored at not adding additional costs to pare students to meet State student aca- the budget. I think this is a matter of tion on the table. demic achievement standards, including basic fairness. I urge my colleagues to The motion to lay on the table was achieving proficiency on State academic as- support the Cardin-Smith amendment. agreed to. sessments. The PRESIDING OFFICER. Who AMENDMENT NO. 3342 AMENDMENT NO. 3433, AS MODIFIED, TO yields time in opposition? The PRESIDING OFFICER. Under AMENDMENT NO. 3325 Mr. HARKIN. Mr. President, since no the previous order, there will now be 2 Mr. HARKIN. Mr. President, under one is here to speak in opposition, I minutes of debate equally divided on the previous unanimous consent agree- yield back all time. Ensign amendment No. 3342. ment, I call up Kennedy amendment The PRESIDING OFFICER. Without Who yields time? No. 3433, and I send a modification to objection, it is so ordered. The question Mr. REID. Mr President, I am going the desk and ask for its immediate con- is on agreeing to the amendment. to vote for the amendment offered by sideration. Mr. CARDIN. Mr. President, I ask for Senator ENSIGN with respect to the The PRESIDING OFFICER. The the yeas and nays. U.S.-Mexico Totalization Agreement, clerk will report. The PRESIDING OFFICER. Is there a and I wanted to take a few minutes to The legislative clerk read as follows: sufficient second? explain my thinking on this issue. The Senator from Iowa [Mr. HARKIN], for There appears to be a sufficient sec- The United States has negotiated to- Mr. KENNEDY, proposes an amendment num- talization agreements with more than bered 3433, as modified. ond. The clerk will call the roll. 20 countries. These agreements estab- The PRESIDING OFFICER. Under The legislative clerk called the roll. lish mechanisms for coordinating our the previous order the amendment is respective Social Security systems so Mr. DURBIN. I announce that the agreed to. that U.S. citizens working abroad are Senator from Delaware (Mr. BIDEN), The amendment (No. 3433) as modi- treated fairly. For example, the agree- the Senator from New York (Mrs. CLIN- fied, was agreed to, as follows: ments help prevent Americans from TON), the Senator from North Dakota AMENDMENT NO. 3433, AS MODIFIED being subject to unfair double taxation. (Mr. CONRAD), the Senator from Con- At the end of title III, insert the following: They also help ensure that work in necticut (Mr. DODD), the Senator from SEC. ll. Prior to January 1, 2008, the Sec- each country can be combined for pur- Massachusetts (Mr. KENNEDY), and the retary of Education may not terminate any poses of qualifying for benefits, so that Senator from Illinois (Mr. OBAMA) are voluntary flexible agreement under section those who split their careers between necessarily absent. 428A of the Higher Education Act of 1965 (20 countries are not left uncovered. Of U.S.C. 1078–1) that exists on the date of en- I further announce that, if present course, while their purpose is to pro- actment of this Act. With respect to an enti- and voting, the Senator from Massa- ty with which the Secretary of Education tect American interests, the agree- chusetts (Mr. KENNEDY) would vote ments also provide reciprocal benefits has a voluntary flexible agreement under ‘‘aye.’’ section 428A of the Higher Education Act of to citizens of the other countries. 1965 (20 U.S.C. 1078–1) on the date of enact- Mr. LOTT. The following Senator is Totalization agreements can be win- ment of this Act that is not cost neutral, if necessarily absent: the Senator from win arrangements that benefit both the Secretary terminates such agreement Arizona (Mr. MCCAIN). sides, provided they are crafted care- after January 1, 2008, the Secretary of Edu- The PRESIDING OFFICER (Mr. fully to ensure that their benefits and cation shall, not later than December 31, MENENDEZ). Are there any other Sen- their burdens are reasonably balanced. 2008— ators in the Chamber desiring to vote? (1) negotiate to enter, and enter, into a No agreement, no matter how carefully new voluntary flexible agreement with such The result was announced—yeas 92, drafted, is likely to impose identical entity so that the agreement is cost neutral, nays 0, as follows: costs on both countries. More likely, unless such entity does not want to enter [Rollcall Vote No. 386 Leg.] there will be some difference in the into such agreement. YEAS—92 burdens borne and benefits received by AMENDMENT NO. 3400 Akaka Dole Lott each nation. And if the United States Mr. HARKIN. Mr. President, Par- Alexander Domenici Lugar ends up paying far more in benefits to liamentary inquiry: What is the Allard Dorgan Martinez citizens of another country than Amer- amendment now before the Senate? Barrasso Durbin McCaskill ican citizens receive, our national in- Baucus Ensign McConnell The PRESIDING OFFICER. Under Bayh Enzi Menendez terests could dictate that we reject or the previous order, there will now be 2 Bennett Feingold Mikulski renegotiate that agreement. minutes of debate equally divided on Bingaman Feinstein Murkowski The need to carefully scrutinize a Bond Graham the Cardin amendment No. 3400. Murray proposed totalization agreement is es- Boxer Grassley Nelson (FL) Brown Gregg The Senator from Maryland is recog- Nelson (NE) pecially great because its costs could Brownback Hagel nized. Pryor directly affect the Social Security ben- Bunning Harkin Reed Mr. CARDIN. Mr. President, I urge Burr Hatch efits of virtually all Americans in the Reid my colleagues to support the amend- Byrd Hutchison future. This type of agreement has the Roberts ment. It is offered by Senator SMITH Cantwell Inhofe potential of imposing significant bur- Rockefeller and myself. Refugees who come to this Cardin Inouye dens on the Social Security trust fund. Carper Isakson Salazar country are entitled to loans to help Casey Johnson Sanders Although the Congressional Budget Of- them defray the cost of transportation Chambliss Kerry Schumer fice projects that the trust fund will be and to resettlement assistance once Coburn Klobuchar Sessions solvent through 2046, we should be Cochran Kohl Shelby they arrive. I am for that. Coleman Kyl Smith careful before approving any measure This amendment provides similar Collins Landrieu Snowe that would worsen the program’s long- benefits to those who qualify for Spe- Corker Lautenberg Specter term challenges. Otherwise, the end re- cial Immigration Visas. These are Iraqi Cornyn Leahy Stabenow sult could be unnecessarily deep cuts in Craig Levin Stevens and Afghan translators who have Crapo Lieberman Sununu benefits or excessive increases in taxes helped us, and now, in risk of their DeMint Lincoln Tester for Americans.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13226 CONGRESSIONAL RECORD — SENATE October 23, 2007 Given this, I believe it is important chusetts (Mr. KENNEDY) would vote I further announce that, if present that President Bush not be given uni- ‘‘no.’’ and voting, the Senator from Massa- lateral power to negotiate and imple- Mr. LOTT. The following Senator is chusetts (Mr. KENNEDY) would vote ment agreements without significant necessarily absent: the Senator from ‘‘aye.’’ congressional involvement. Current Arizona (Mr. MCCAIN). Mr. LOTT. The following Senator is law allows Congress to reject an agree- The PRESIDING OFFICER. Are there necessarily absent: the Senator from ment, but this mechanism probably is any other Senators in the Chamber de- Arizona (Mr. MCCAIN). unconstitutional under the Supreme siring to vote? The PRESIDING OFFICER. Are there Court’s Chadha decision, which invali- The result was announced—yeas 91, any other Senators in the Chamber de- dated so-called legislative vetoes. We nays 3, as follows: siring to vote? The result was announced—yeas 92, need to develop a new mechanism, and [Rollcall Vote No. 387 Leg.] nays 2, as follows: I am pleased that Senator BAUCUS and YEAS—91 [Rollcall Vote No. 388 Leg.] Senator GRASSLEY have been working Akaka Domenici Mikulski YEAS—92 in a bipartisan manner to develop one. Alexander Dorgan Murkowski While those efforts are ongoing, I be- Allard Durbin Murray Akaka Domenici Menendez lieve it is appropriate to take interim Barrasso Ensign Nelson (FL) Alexander Dorgan Mikulski Baucus Enzi Allard Durbin Murkowski steps to ensure that the Bush adminis- Nelson (NE) Bayh Feingold Pryor Barrasso Ensign Murray Baucus Enzi tration is not allowed to implement a Bennett Feinstein Reed Nelson (FL) Bayh Feingold totalization agreement unilaterally. Bingaman Graham Reid Nelson (NE) Bond Grassley Bennett Feinstein Roberts Pryor That is what the Ensign amendment Boxer Gregg Bingaman Graham Rockefeller Reed does. While not making a final deter- Brown Harkin Bond Grassley Salazar Reid mination about whether an agreement Brownback Hatch Boxer Gregg Roberts Sanders Brown Harkin Bunning Hutchison Rockefeller should be approved, the amendment ef- Schumer Brownback Hatch Burr Inhofe Salazar fectively would ensure that, for the Byrd Inouye Sessions Bunning Hutchison Sanders Cantwell Isakson Shelby Burr Inhofe next fiscal year, an agreement with Schumer Cardin Johnson Smith Byrd Inouye Mexico will not be implemented with- Sessions Carper Kerry Snowe Cantwell Isakson Shelby out congressional approval. I think Casey Klobuchar Specter Cardin Johnson Smith that makes sense. Chambliss Kohl Stabenow Carper Kerry Snowe Coburn Kyl Stevens Casey Klobuchar In my view, the Ensign amendment Specter Cochran Landrieu Sununu Chambliss Kohl would have been stronger had it ap- Stabenow Coleman Lautenberg Tester Coburn Kyl plied to all totalization agreements, Stevens Collins Leahy Thune Cochran Landrieu Sununu not just the agreement with Mexico. Conrad Levin Vitter Coleman Lautenberg Collins Leahy Tester Not only would that have helped en- Corker Lieberman Voinovich Cornyn Conrad Levin Thune Lincoln Warner sure that all agreements serve our na- Craig Lott Corker Lieberman Vitter Webb tional interests, but it would have Crapo McCaskill Cornyn Lincoln Voinovich Whitehouse eliminated any perception that we are DeMint McConnell Craig Lott Warner Dole Menendez Wyden Crapo Martinez Webb unfairly singling out Mexico for special DeMint McCaskill Whitehouse treatment. Having said that, I do un- NAYS—3 Dole McConnell Wyden derstand the view of the General Ac- Hagel Lugar Martinez NAYS—2 counting Office that the Mexican NOT VOTING—6 agreement is, ‘‘both qualitatively and Hagel Lugar Biden Dodd McCain NOT VOTING—6 quantitatively different than any other Clinton Kennedy Obama agreement signed to date,’’ largely be- Biden Dodd McCain cause of the potential impact of the The amendment (No. 3342) was agreed Clinton Kennedy Obama many workers who have come from to. The amendment (No. 3352) was agreed Mr. HARKIN. Mr. President, I move Mexico into the United States. The ex- to. to reconsider the vote, and I move to tent of that impact is unclear. In any AMENDMENT NO. 3328, AS MODIFIED lay that motion on the table. case, surely this complex issue deserves Mr. HARKIN. Mr. President, the next The motion to lay on the table was to be considered seriously here in the amendment up would be Senator agreed to. Congress before any agreement is im- VITTER’s amendment No. 3328. I have a plemented. AMENDMENT NO. 3352 modification I send to the desk. The Senator from Iowa. The PRESIDING OFFICER. Under The PRESIDING OFFICER. Under Mr. HARKIN. Mr. President, in con- the previous order, there will now be 2 the previous order, the amendment is sultation with Senator ENSIGN, he does minutes of debate equally divided on so modified. not wish to use his time. So, therefore, the Ensign amendment No. 3352. The amendment (No. 3328), as modi- we yield back all time. Who yields time? fied, is as follows: The PRESIDING OFFICER. The Mr. HARKIN. Mr. President, it is my On page 79, after line 4, insert: question is on agreeing to the amend- understanding we don’t need any time. SEC. ll. None of the funds appropriated in All time is yielded back. this Act may be used to prevent an indi- ment. vidual not in the business of importing a pre- Mr. ENSIGN. Mr. President, I ask for The PRESIDING OFFICER. The scription drug (within the meaning of sec- the yeas and nays. question is on agreeing to the amend- tion 801(g) of the Federal Food, Drug, and The PRESIDING OFFICER. Is there a ment. Cosmetic Act (21 U.S.C. 381(g)) from import- sufficient second? Mr. REID. Mr. President, I ask for ing a prescription drug from Canada that There appears to be a sufficient sec- the yeas and nays. complies with sections 501, 502, and 505 of the ond. The PRESIDING OFFICER. Is there a Federal Food, Drug, and Cosmetic Act (21 sufficient second? U.S.C. 351, 352, and 355) and is not— The clerk will call the roll. (1) a controlled substance, as defined in The assistant legislative clerk called There appears to be a sufficient sec- section 102 of the Controlled Substances Act the roll. ond. (21 U.S.C. 802); or Mr. DURBIN. I announce that the The clerk will call the roll. (2) a biological product, as defined in sec- Senator from Delaware (Mr. BIDEN), The legislative clerk called the roll. tion 351 of the Public Health Service Act (42 the Senator from New York (Mrs. CLIN- Mr. DURBIN. I announce that the U.S.C. 262). TON), the Senator from Connecticut Senator from Delaware (Mr. BIDEN), Mr. VITTER. Mr. President, I rise (Mr. DODD), the Senator from Massa- the Senator from New York (Mrs. CLIN- today to discuss my amendment, chusetts (Mr. KENNEDY), and the Sen- TON), the Senator from Connecticut Amendment No. 3328, which is cur- ator from Illinois (Mr. OBAMA) are nec- (Mr. DODD), the Senator from Massa- rently pending to the Labor-HHS-Edu- essarily absent. chusetts (Mr. KENNEDY), and the Sen- cation Appropriations bill before the I further announce that, if present ator from Illinois (Mr. OBAMA) are nec- Senate. My original amendment is sim- and voting, the Senator from Massa- essarily absent. ple. It would stop officials at HHS from

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13227 preventing individuals from bringing For citizens who are on disability to The question is on agreeing to the back a prescribed medication for them- have to wait 2 years on an appeal, as amendment. selves from Canada. I have agreed to the Senator said, is unacceptable. The The clerk will call the roll. make two modifications to my amend- money this is providing will take care The assistant legislative clerk called ment. My amendment, as modified, of that. He asked the administrator, the roll. would add explicit restrictions on con- and that is what is needed, and we Mr. DURBIN. I announce that the trolled substances and biological prod- ought to do it. We have Social Security Senator from Delaware (Mr. BIDEN), ucts from my amendment. and disability, and then they make the Senator from New York (Mrs. CLIN- Therefore, as modified, my amend- them wait 2 years, and all of the offices TON), the Senator from Connecticut ment prohibits funds from preventing are being cut back because they don’t (Mr. DODD), the Senator from Massa- individuals, not wholesalers, from im- have enough operating money. We chusetts (Mr. KENNEDY), and the Sen- porting prescriptions for themselves, should pass this amendment. ator from Illinois (Mr. OBAMA) are nec- and that because there is no restriction Mr. BINGAMAN. Mr. President, I call essarily absent. in my language as to how they may im- up amendment No. 3440, as modified. I further announce that, if present port these prescriptions, it is under- The PRESIDING OFFICER. The and voting the Senator from Massachu- stood that mail order and Internet im- clerk will report. setts (Mr. KENNEDY) would vote ‘‘aye.’’ portation is not prohibited along with The legislative clerk read as follows: Mr. LOTT. The following Senator is carrying on the person over the border. The Senator from New Mexico [Mr. BINGA- necessarily absent: the Senator from All controlled substances and biologi- MAN] proposes an amendment numbered 3440, Arizona (Mr. MCCAIN). cal products are prohibited. as modified. The PRESIDING OFFICER. Are there It is my understanding that my The amendment is as follows: any other Senators in the Chamber de- amendment will be accepted by voice At the appropriate place, insert the fol- siring to vote? vote today on the agreement that the lowing: The result was announced—yeas 88, chairman and ranking member of the GENERAL PROVISIONS nays 6, as follows: subcommittee, Senator HARKIN and SEC. 401. (a) Notwithstanding any other [Rollcall Vote No. 389 Leg.] Senator SPECTER, will work hard for its provision of this Act, the amount appro- YEAS—88 inclusion in the final conference report priated under the heading ‘‘LIMITATION ON Akaka Ensign Murkowski for the final legislative vehicle for this ADMINISTRATIVE EXPENSES’’ under the head- Alexander Enzi Murray bill. ing ‘‘SOCIAL SECURITY ADMINISTRATION’’ shall Barrasso Feingold Nelson (FL) be increased by $150,000,000. Baucus Feinstein Mr. HARKIN. Mr. President, I appre- Nelson (NE) (b) Section 1848(l)(2)(A) of the Social Secu- Bayh Graham Pryor ciate the sentiments by the Senator rity Act (42 U.S.C. 1395w–4(l)(2)(A)), as Bennett Grassley Reed from Louisiana and accept this pro- amended by section 6 of the TMA, Absti- Bingaman Hagel Reid Bond Harkin Roberts posal on this modified amendment and nence Education, and QI Programs Extension Boxer Hatch Rockefeller will ask that it be adopted by unani- Act of 2007 (Public Law 110–90), is amended Brown Hutchison Salazar by striking ‘‘$1,350,000,000’’ and inserting Brownback Inouye mous consent. I agree to work hard for Sanders inclusion of this amendment in the ‘‘$1,200,000,000, but in no case shall expendi- Bunning Isakson tures from the Fund in fiscal year 2008 ex- Byrd Johnson Schumer conference report of the final legisla- Sessions ceed $650,000,000’’ in the first sentence. Cantwell Kerry Shelby tion. (c) Section 323 of title 31, United States Cardin Klobuchar Smith Mr. SPECTER. Mr. President, I con- Code, is amended to read as follows: Carper Kohl cur with my colleague and confirm this Casey Kyl Snowe Mr. GRASSLEY. Mr. President, do Chambliss Landrieu Specter agreement with my colleague from we have an opportunity to address it? Cochran Lautenberg Stabenow Louisiana, Mr. VITTER. The PRESIDING OFFICER. There is Coleman Leahy Stevens Mr. HARKIN. Mr. President, we are Collins Levin Sununu 2 minutes on each side. ready to vote on the Vitter amend- Conrad Lieberman Tester The Senator from Iowa is recognized. Corker Lincoln Thune ment. Mr. GRASSLEY. Mr. President, I rise Cornyn Lott The PRESIDING OFFICER. All time Vitter in support of the goals of this amend- Craig Lugar Voinovich is yielded back. Crapo Martinez Warner ment. I want to speak about process so Dole The question is on agreeing to the McCaskill Webb Domenici McConnell that nobody gets the understanding Whitehouse amendment. Dorgan Menendez The amendment (No. 3328), as modi- that the Committee on Finance has Wyden given up jurisdiction over this area. We Durbin Mikulski fied, was agreed to. NAYS—6 Mr. HARKIN. Mr. President, I move also want to explain that the offset is to reconsider the vote. coming from the Medicare physician Allard Coburn Gregg Burr DeMint Inhofe Mr. DORGAN. I move to lay that mo- assistance and quality initiative fund, tion on the table. which we have set aside to make sure NOT VOTING—6 The motion to lay on the table was doctors don’t get a 10-percent cut this Biden Dodd McCain agreed to. year in their formula. That is some- Clinton Kennedy Obama The PRESIDING OFFICER. Under thing which is going to come out of the The amendment (No. 3440) was agreed the previous order, the Senator from Finance Committee in the next few to. New Mexico is to be recognized. weeks. Mr. CARDIN. I move to reconsider AMENDMENT NO. 3440, AS MODIFIED, TO The reason we are going along with the vote, and I move to lay that mo- AMENDMENT NO. 3325 this offset is we have found another off- tion on the table. Mr. BINGAMAN. Mr. President, this set that will fill the void in this fund I The motion to lay on the table was is an amendment to add $150 million to just referred to, so that we will be able agreed to. the Social Security Administration ac- to keep this whole. I advise people that AMENDMENT NO. 3396, AS MODIFIED, TO count so that they can deal with the just because we are allowing this fund AMENDMENT NO. 3325 enormous backlog of cases that are to be tapped, we are not going to tap The PRESIDING OFFICER. Under pending there in people applying for this fund again because we are going to the previous order, the Senator from disability benefits. The average wait is save this to make sure we can help doc- Iowa, Mr. GRASSLEY, is recognized to 523 days now. If a person filed today for tors not get cut in their reimburse- offer an amendment. a hearing in Social Security, they ment on Medicare. Mr. GRASSLEY. Senator SANDERS would expect to get that hearing in The PRESIDING OFFICER. Who should go first. June of 2009. That is unacceptable. We yields time? Mr. SANDERS. I call up my amend- need to do better. This amendment will Mr. BINGAMAN. Mr. President, I ment. help us do that. yield back the remaining time and ask Mr. HARKIN. Mr. President, I under- I yield the remainder of my time to for the yeas and nays. stand that under the unanimous con- Senator DOMENICI. The PRESIDING OFFICER. Is there a sent agreement, the next amendment Mr. DOMENICI. Mr. President, I sug- sufficient second? There is a sufficient will be No. 3396, the Grassley-Sanders gest that this is absolutely imperative. second. amendment. It has been modified.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13228 CONGRESSIONAL RECORD — SENATE October 23, 2007 The PRESIDING OFFICER. The Sen- (g) SUPPLEMENTAL H–1B NONIMMIGRANT PE- the amendment Senator GRASSLEY and ator is correct. The clerk will report TITIONER ACCOUNT; GIFTED AND TALENTED I offered last May on the immigration the amendment. STUDENTS EDUCATION ACCOUNT.—Section 286 reform bill which passed the Senate The assistant legislative clerk read of the Immigration and Nationality Act (8 with a bipartisan vote of 59 to 35. as follows: U.S.C. 1356) is amended by adding at the end This amendment is motivated by one the following: RASSLEY major concern. We want to make cer- The Senator from Iowa [Mr. G ], for ‘‘(w) SUPPLEMENTAL H–1B NONIMMIGRANT himself and Mr. SANDERS, proposes an PETITIONER ACCOUNT.— tain that young Americans receive the amendment numbered 3396, as modified, to ‘‘(1) IN GENERAL.—There is established in educational opportunities they need in amendment No. 3325. the general fund of the Treasury a separate order to obtain the professional, good- The amendment is as follows: account, which shall be known as the ‘Sup- paying jobs that are coming about in At the appropriate place, insert the fol- plemental H–1B Nonimmigrant Petitioner this country. To do that, we need to lowing: Account’. Notwithstanding any other section make sure they have the college edu- SEC. ll. AMERICAN COMPETITIVENESS SCHOL- of this Act, there shall be deposited as offset- cation they need in math, science, en- ARSHIP PROGRAM. ting receipts into the account 85.75 percent gineering, health care, and other pro- (a) SHORT TITLE.—This section may be of the fees collected under section cited as the ‘‘American Competitiveness 214(c)(15)(B). fessional fields. Scholarship Act of 2007’’. ‘‘(2) USE OF FEES FOR AMERICAN COMPETI- This amendment also expands the (b) ESTABLISHMENT.—The Director of the TIVENESS SCHOLARSHIP PROGRAM.—The Jacob Javits Gifted and Talented Edu- National Science Foundation (referred to in amounts deposited into the Supplemental H– cational Program, long supported by this section as the ‘‘Director’’) shall award 1B Nonimmigrant Petitioner Account shall Senator GRASSLEY. scholarships to eligible individuals to enable remain available to the Director of the Na- This amendment will accomplish such individuals to pursue associate, under- tional Science Foundation until expended for these goals by adding a $3,500 surcharge graduate, or graduate level degrees in math- scholarships described in the American Com- ematics, engineering, health care, or com- on companies that utilize the H–1B pro- petitiveness Scholarship Act of 2007 for stu- gram, the same surcharge that 59 Sen- puter science. dents enrolled in a program of study leading (c) ELIGIBILITY.— to a degree in mathematics, engineering, ators supported last May. (1) IN GENERAL.—To be eligible to receive a health care, or computer science. The PRESIDING OFFICER. Who scholarship under this section, an individual ‘‘(x) GIFTED AND TALENTED STUDENTS EDU- yields time? shall— CATION ACCOUNT.— Mr. GRASSLEY. Mr. President, I (A) be a citizen of the United States, a na- ‘‘(1) IN GENERAL.—There is established in wish to speak to what this bill does or tional of the United States (as defined in sec- the general fund of the Treasury a separate does not do for our most promising stu- tion 101(a) of the Immigration and Nation- account, which shall be known as the ‘Gifted dents. ality Act (8 U.S.C. 1101(a))), an alien admit- and Talented Students Education Account’. In his best selling book, ‘‘The World ted as a refugee under section 207 of such Act There shall be deposited as offsetting re- (8 U.S.C. 1157), or an alien lawfully admitted Is Flat,’’ Thomas Friedman discusses ceipts into the account 14.25 percent of the the challenges of globalism using the to the United States for permanent resi- fees collected under section 214(c)(15)(B). dence; metaphor of the world getting flatter. ‘‘(2) USE OF FEES.—Amounts deposited into (B) prepare and submit to the Director an the account established under paragraph (1) What he means is that international application at such time, in such manner, shall remain available to the Secretary of barriers to the movement of goods, and containing such information as the Di- Education until expended for programs and services, people, and ideas are breaking rector may require; and projects authorized under the Jacob K. Jav- down. That means that American busi- (C) certify to the Director that the indi- its Gifted and Talented Students Education nesses are facing competition from dif- vidual intends to use amounts received under Act of 2001 (20 U.S.C. 7253 et seq.).’’. the scholarship to enroll or continue enroll- ferent sources, and the competition (h) SUPPLEMENTAL AND DEFICIT REDUCTION ment at an institution of higher education will only get fiercer. FEES.—Section 214(c) of the Immigration and (as defined in section 101(a) of the Higher If Americans want us to remain an Nationality Act (8 U.S.C. 1184(c)) is amended economic leader and keep high paying Education Act of 1965 (20 U.S.C. 1001(a)) in by adding at the end the following: order to pursue an associate, undergraduate, ‘‘(15)(A) Except as provided under subpara- jobs, we will need to stay one step or graduate level degree in mathematics, en- graph (D), if the Attorney General, the Sec- ahead of others around the world in gineering, computer science, nursing, medi- retary of Homeland Security, or the Sec- coming up with new ideas and innova- cine, or other clinical medical program, or retary of State is required to impose a fee tive products and services. technology, or science program designated pursuant to paragraph (9) or (11), the Attor- Thomas Friedman likens this mo- by the Director. ney General, the Secretary of Homeland Se- ment in American history to the (2) ABILITY.—Awards of scholarships under curity, or the Secretary of State, as appro- height of the Cold War when the Soviet this section shall be made by the Director priate, shall impose a supplemental fee and a solely on the basis of the ability of the appli- Union leaped ahead of America in the deficit reduction fee on the employer in addi- space race by putting up the Sputnik cant, except that in any case in which 2 or tion to any other fee required by such para- more applicants for scholarships are deemed graph or any other provision of law, in the satellite. by the Director to be possessed of substan- amounts determined under subparagraph (B). In response to Sputnik, Congress tially equal ability, and there are not suffi- ‘‘(B) The amount of the supplemental fee passed the National Defense Education cient scholarships available to grant one to shall be $3,500, except that the fee shall be 1⁄2 Act, which really started the Federal each of such applicants, the available schol- that amount for any employer with not more involvement in education. arship or scholarships shall be awarded to than 25 full-time equivalent employees who According to Thomas Friedman, to the applicants in a manner that will tend to are employed in the United States (deter- meet the challenges of what he calls result in a geographically wide distribution mined by including any affiliate or sub- throughout the United States of recipients’ ‘‘flatism’’ will require, ‘‘as comprehen- sidiary of such employer). sive, energetic, and focused a response places of permanent residence. ‘‘(C) Of the amounts collected under sub- (d) AMOUNT OF SCHOLARSHIP; RENEWAL.— as did meeting the challenge of com- paragraph (B)— (1) AMOUNT OF SCHOLARSHIP.—The amount ‘‘(i) 85.75 percent shall be deposited in the munism.’’ of a scholarship awarded under this section Treasury in accordance with section 286(w); We have heard a lot of talk in Con- shall be $15,000 per year, except that no and gress about the need to do something scholarship shall be greater than the annual ‘‘(ii) 14.25 percent shall be deposited in the about American competitiveness. cost of tuition and fees at the institution of Treasury in accordance with section 286(x). In fact, earlier this year we passed higher education in which the scholarship re- ‘‘(D) Public hospitals, which are owned and cipient is enrolled or will enroll. the America COMPETES bill, author- operated by a State or a political subdivision (2) RENEWAL.—The Director may renew a izing a series of new programs designed of a State shall not be subject to the supple- scholarship under this section for an eligible to stimulate advanced learning by mental fees imposed under this paragraph.’’. individual for not more than 4 years. young Americans. But are we serious (e) FUNDING.—The Director shall carry out The PRESIDING OFFICER. Who about that? this section only with funds made available yields time? The bill before us today is a $5.35 bil- under section 286(w) of the Immigration and Mr. SANDERS. Mr. President, I will lion increase over the previous year. Nationality Act, as added by subsection (g). say a few words about this amendment. That is not small potatoes. That is (f) FEDERAL REGISTER.—Not later than 60 days after the date of the enactment of this I thank Senator GRASSLEY for work- enough to give a boost to a lot of pro- Act, the Director shall publish in the Federal ing with me on this amendment. We grams. Register a list of eligible programs of study modified the original amendment. This But one program that is not seeing a for a scholarship under this section. amendment is substantially similar to boost is the only source of Federal

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13229 funds currently focused on helping That is hardly a permanent solution SEC. 521. Section 106(d) of the American meet the unique learning needs of gift- to our need for talented workers. Competitiveness in the Twenty-first Century ed and talented students. Doesn’t it make sense to charge a fee Act of 2000 (Public Law 106–313; 8 U.S.C. 1153 The Javits Gifted and Talented Stu- to those investing in temporary talent note) is amended— (1) in paragraph (1)— dents Education Act has suffered a se- from abroad and use it to invest in per- (A) by inserting ‘‘1996, 1997,’’ after ‘‘avail- ries of cuts in recent years due to manent talent for the future here at able in fiscal year’’; and across-the-board rescissions. home? (B) by inserting ‘‘group I,’’ after ‘‘schedule For the current fiscal year, Congress The modified amendment at the desk A,’’; passed an unusual type of modified is a compromise that I worked out with (2) in paragraph (2)(A), by inserting ‘‘1996, continuing resolution. the Senator from Vermont, Mr. SAND- 1997, and’’ after ‘‘available in fiscal years’’; While the continuing resolution con- ERS. and tained no specific language further cut- The modification includes language (3) by adding at the end the following: ting funding for gifted education, the ‘‘(4) PETITIONS.—The Secretary of Home- that was agreed to during the immigra- land Security shall provide a process for re- program mysteriously suffered a sig- tion debate. viewing and acting upon petitions with re- nificant 21 percent cut. In fact, a similar amendment passed spect to immigrants described in schedule A In total, gifted and talented edu- the Senate with a 59-vote majority. not later than 30 days after the date on cation has taken a 33 percent cut since It would increase the fee for H–1B which a completed petition has been filed.’’. 2002, and that is not adjusted for infla- visas and use the revenue to support AMENDMENT NO. 3449 TO AMENDMENT NO. 3404 tion. The current bill retains that cut. gifted and talented education as well as (Purpose: To increase the number of nursing If we are serious about maintaining an American Competitiveness Scholar- faculty and students in the United States, America’s competitive edge inter- ship Program that the Senator from to encourage global health care coopera- nationally, our most promising stu- Vermont has authored. tion, and for other purposes) dents must be challenged and sup- I support his goal of creating a schol- Mr. HARKIN. Mr. President, I call up ported to reach their full potential. arship program for students pursuing a the Durbin amendment. We need these talented young people degree in math, engineering, health The PRESIDING OFFICER. The to go on to pursue advanced degrees care, or computer science. clerk will report. and make the technological innova- I appreciate Senator SANDERS’s will- The assistant legislative clerk read tions that drive our economy. ingness to help me and to provide need- as follows: Make no mistake, that will not hap- ed funding for gifted and talented stu- The Senator from Iowa [Mr. HARKIN], for pen by itself. dents. Mr. DURBIN, proposes an amendment num- Gifted students learn faster and to a We cannot continue to shortchange bered 3449 to amendment No. 3404. greater depth than other students and our best and brightest students and (The amendment is printed in today’s often look at the world differently than still expect excellence from them. RECORD under ‘‘Text of Amendments.’’) other students. As a result, it takes a Gifted students are the innovators of Mr. DURBIN. Mr. President, my sec- great deal more to keep them chal- tomorrow that will keep our economic ond degree amendment reflects my be- lenged and stimulated. pump primed. lief that we cannot continue to import If gifted students are not sufficiently For their sake and ours, we cannot nurses from other countries without stimulated, they often learn to get by afford to squander this vital national also taking steps to step up capacity with minimum effort and adopt poor resource. for training nurses here in the U.S. We learning habits that can prevent them I urge the adoption of my amend- all know that the United States faces a from achieving their potential. ment. serious shortage of qualified nurses. In fact, many gifted and talented stu- Mr. HARKIN. If there is no one else Projections show that by the year 2020, dents underachieve or even drop out of to speak, I yield back the remaining our country will fall short of the school. time. nurses we need by one million nurses. The book ‘‘Genius Denied,’’ by Jan The PRESIDING OFFICER. The Why do we have this looming short- and Bob Davidson from the majority question is on agreeing to the amend- age? Certainly it is due in part to our leader’s home, the State of Nevada, ment. Without objection, the amend- growing and aging population. But chronicles how we are letting gifted ment is agreed to. there are also structural problems with students throughout the Nation fall The amendment (No. 3396), as modi- the domestic nursing system that limit through the cracks, wasting their po- fied, was agreed to. the number of nurses we educate and tential. Mr. SANDERS. Mr. President, I move train in this country. The main struc- The Belin-Blank Center in my home to reconsider the vote. tural problems are an insufficient num- State of Iowa produced a report titled, Mr. HARKIN. I move to lay that mo- ber of nurse educators and a shortage ‘‘A Nation Deceived: How Schools Hold tion on the table. of clinical space for training. An Amer- Back America’s Brightest Students.’’ The motion to lay on the table was ican Association of Colleges of Nursing We must do a better job of developing agreed to. survey showed that nursing colleges American talent if America is to re- AMENDMENT NO. 3404 TO AMENDMENT NO. 3325 denied admission to nearly 43,000 quali- main competitive in the global econ- Mr. HARKIN. Mr. President, I under- fied applicants in 2006 academic year. omy. stand the next amendment is the Schu- The top reasons these applications Twice now, on the competitiveness mer amendment No. 3404. were not accepted were insufficient bill and the immigration bill, I have The PRESIDING OFFICER. That is faculty and not enough admissions proposed an amendment to provide an correct. slots. This is a bottleneck that is sti- appropriate funding source for gifted Mr. HARKIN. As amended by the fling the supply of nurses in this coun- and talented education. Durbin amendment No. 3449. try. And we need to fix it. My proposal would increase the fee The PRESIDING OFFICER. The We need to devote resources to train- employers pay for H–1B visas for highly clerk will report. ing and hiring new nursing faculty and skilled foreign workers to come to the The assistant legislative clerk read expanding clinical space for nursing United States and use that additional as follows: schools so they can accept more quali- funding for the Jacob Javits Gifted and The Senator from Iowa [Mr. HARKIN], for fied students. These investments will Talented Students Education Act. Mr. SCHUMER, for himself and Mrs. exponentially increase the number of H–1B visas are temporary visas. HUTCHISON, proposes an amendment num- trained American nurses. The Schu- Highly skilled foreign workers come bered 3404 to amendment No. 3325. mer-Hutchison amendment’s approach to the United States, often working for The amendment is as follows: to fixing our nursing shortage is to less than Americans, and garner useful (Purpose: To increase the domestic supply of allow up to 61,000 foreign nurses to experience with American companies. nurses and physical therapists, and for enter the country as green card hold- Then, by the nature of the H–1B pro- other purposes) ers. Importing these thousands of for- gram, they go home to use their talent On page 126, between lines 7 and 8, add the eign nurses is only a band-aid solution in their native country. following: to our projected nursing shortage of 1

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13230 CONGRESSIONAL RECORD — SENATE October 23, 2007 million. But it is also a step that de- not invest money in healthcare work- Senator CHAMBLISS can be withdrawn, flates any momentum towards finding ers who then renege on commitments so I ask unanimous consent that real solutions for our domestic nursing to work in their country without satis- amendment No. 3391 be withdrawn. crisis. We have done these nursing visa fying their commitment in some way, The PRESIDING OFFICER. Is there recaptures before. In fact, 2 years ago such as by a new voluntary agreement. objection? The chair hears none, and it in 2005, the President signed into law a There is a waiver available in case of is so ordered. recapture of 50,000 nursing visas as part coercion by the home country govern- The Republican leader. of that year’s Emergency Supple- ment. My amendment is strongly sup- MOTION TO COMMIT mental Appropriations Act. Did this ported by the American Nurses Asso- Mr. MCCONNELL. Mr. President, we 2005 visa recapture stop the nursing ciation and the American Association are now in the fourth week of the new shortage? Of course not. It was a band- of Nursing Colleges. fiscal year, and Congress still hasn’t aid solution. But it did undermine mo- I urge my colleagues to support the sent a single 1 of the 12 appropriations mentum for efforts to undertake the domestic nursing profession and sup- bills to the President. Those who made real reform that we know we need. And port global healthcare cooperation. I a lot of noise about Republican spend- so here we are again, 2 years later, urge passage of my amendment. ing habits before last year’s elections with hospitals desperate for more Mr. HARKIN. All time is yielded are now making the same mistakes nurses. back. themselves. My second degree amendment is a The PRESIDING OFFICER. If all There is a difference. This year, our reasonable compromise that will help time is yielded back, without objection Democratic friends are delaying the both the hospitals in the short term the second-degree amendment is agreed most essential business of Congress on and the domestic nursing supply in the to. a political gambit. They have stuffed long term. My amendment would re- The amendment (No. 3449) was agreed this bill with so much extra spending it quire employers who successfully peti- to. is guaranteed to draw a veto. Once tion for a recaptured nursing green The PRESIDING OFFICER. Without again, they are setting up the kind of card to pay a $1,500 fee. objection, the amendment, No. 3404, as media circus that has become so com- This fee would be used to fund a amended, is agreed to. mon this year. Instead of having a de- grant program that would provide The amendment (No. 3404), as amend- bate about the issues, about spending, grants to U.S. nursing schools for hir- ed, was agreed to. we will have a nondebate played out in ing nurse faculty, expanding training Mr. HARKIN. Mr. President, I move front of cameras, complete with props capacity, and recruiting more students. to reconsider the vote. and outrage. A story in Monday’s ‘‘Roll $1,500 is not a large fee—hospitals often Mr. DURBIN. I move to lay that mo- Call’’ laid out the strategy. It said our spend many times that amount for the tion on the table. Democratic friends think a Presi- services of foreign nurse recruiting The motion to lay on the table was dential veto of the Labor-HHS bill will companies. However, under my amend- agreed to. allow them to paint the administration ment, hospitals that are in dire finan- AMENDMENT NO. 3450 TO AMENDMENT NO. 3325 and Capitol Hill Republicans as ‘‘out of cial straits, like Health Professional The PRESIDING OFFICER. Under touch’’ with average Americans, just Shortage Area facilities and Louisiana the previous order, the Senator from like the effort that is underway on hospitals still recovering from Hurri- South Carolina, Mr. DEMINT, is recog- SCHIP. canes Katrina and Rita, would receive nized to offer an amendment. Well, it is time to stop painting and a waiver from paying this fee. Neither Mr. HARKIN. Mr. President, I have to start legislating. The fact is, the does my amendment also impose the an amendment for Mr. DEMINT, which I Labor-HHS bill is simply too expen- fee on the dependents of any nurses send to the desk. sive. It is $9 billion over the President’s who receive a recaptured green card. The PRESIDING OFFICER. The request, and we all know what that Again, the Durbin 2nd degree amend- clerk will report. means. Next year, Democrats will use ment is a reasonable compromise that The legislative clerk read as follows: that figure as their baseline, and on will help both the hospitals in the and on in perpetuity. They expect tax- short term and the domestic nursing The Senator from Iowa [Mr. HARKIN], for Mr. DEMINT, proposes an amendment num- payers to forget how much they in- supply in the long term. It will allow bered 3450 to amendment No. 3325. crease spending this year so they can for the additional nursing green cards Mr. HARKIN. Mr. President, I ask say it isn’t that much when they do it to address immediate needs, but it will unanimous consent that further read- again next year. also take steps that will put the Amer- Our friends on the other side of the ing of the amendment be dispensed ican nursing profession on a path to aisle like to downplay the spending with. sustainability. My amendment also hikes, but let’s stop for a second and The PRESIDING OFFICER. Without contains two measured steps to en- look at what some of their proposed in- objection, it is so ordered. hance global healthcare cooperation creases this year would actually look The amendment is as follows: and to safeguard against a crippling like down the line. The spending hike brain drain of foreign healthcare work- (Purpose: To prevent Federal employees they are asking for in this bill, if al- ers from countries where they are criti- from purchasing unnecessary first class or premium class airline tickets at taxpayers’ lowed to continue at the same rate, cally needed. The first provision would expense, and for other purposes) will cost the American taxpayer $120 allow a healthcare worker who is a At the appropriate place, insert the fol- billion over the next 10 years. Let me legal permanent resident in the U.S. to lowing: say that again. This spending increase temporarily provide healthcare serv- SEC. lll. None of the funds made avail- over what the President has requested, ices in a country that is under- able under this Act may be used to purchase if allowed to stand year after year, developed or that has suffered a dis- first class or premium airline travel that which is the way this always works, aster or public health emergency—like would not be consistent with sections 301– will cost the American taxpayers $120 the 2004 tsunami—without jeopardizing 10.123 and 301–10.124 of title 41 of the Code of billion over the next 10 years. That is his or her immigration status in the Federal Regulations. equivalent to the entire budget of the U.S. The second provision would re- Mr. HARKIN. Mr. President, the State of New York just in discre- quire a foreigner who is petitioning to amendment has been agreed to on both tionary increases, just on this one ap- work in the U.S. as a health care work- sides. propriations bill. So this increase on er to attest that he or she has satisfied The PRESIDING OFFICER. All time this bill, compounded out, $120 billion any outstanding commitment to his or is yielded back. Without objection, the over the next 10 years, is the equiva- her home country under which the for- amendment is agreed to. lent of the entire budget of the State of eigner received money for medical The amendment (No. 3450) was agreed New York. training in return for a commitment to to. So what we are telling taxpayers is work in that country for a period of AMENDMENT NO. 3391 WITHDRAWN this proposed $23 billion increase over years. The goal of this second provision Mr. HARKIN. Mr. President, I am in- the President’s request for this year’s is to ensure that foreign countries do formed that amendment No. 3391 by appropriations bills isn’t all that

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13231 much. How many times have we heard cures or treatments for cancer, diabe- power. If we automatically defer to the that: this isn’t all that much money? tes, Alzheimer’s, and other diseases. President on the total figure, all we do But let’s look at the 10-year totals. The Should we reduce funding for the Na- is fill in the blanks, and that would be $23 billion this year, at the same rate tional Institutes of Health? How about an abdication of our constitutional re- of growth, will end up costing tax- it? Do I hear a response? Ask yourself sponsibility. In fact, I think it would payers $252 billion over 10 years. before you vote: Where would you cut? be unconstitutional for us to delegate What can we do with $252 billion? We Where would you cut? that authority to the President. There could fund this year’s discretionary ap- The President proposes over $3 bil- is case law to the effect that Congress propriations for the Department of lion in cuts for education programs, in- may not delegate its constitutional au- Transportation, the Department of cluding special education, safe and thority. Housing and Urban Development, the drug-free schools, and improving teach- I discussed an alternative motion to Department of Justice, the Department er quality. Should we reduce funding commit, and that is to arrive at a fig- of Commerce, the Department of Agri- for educating our children? Should we? ure which would be acceptable to the culture, the Departments of Homeland Which educational programs shall we President. On SCHIP the President has Security, Interior, Energy, and still cut? Step up to the plate. stated his willingness to negotiate. The have more left over than the entire 2005 The President proposes cuts of nearly Senate has its figure; the President has Massachusetts State budget. $1 billion in health programs such as his figure. I would be prepared to com- So our friends are saying that is not rural health, preventive health, nurse mit this bill to committee to arrive at a lot of money. Only in Washington, training, and mental health grants. a compromise but certainly not to ab- DC, could this kind of spending be not Should we reduce funding for programs dicate our constitutional authority and much. We need to get serious about that improve the health of our Nation? responsibility. how we spend other people’s money, Should we? Ask yourself, which pro- The PRESIDING OFFICER. The Sen- and if we don’t start on this bill, which gram—which program—should be cut? ator from Iowa is recognized. represents the largest increase among Silence. The record will note silence Mr. HARKIN. Mr. President, first I all the appropriations bills, we won’t in answer to the question. thank Senator SPECTER for his help cut anywhere. The President proposes to cut low-in- through all this debate and developing Senator LOTT and I propose to send come home energy assistance by $379 this bill. I thank Senator BYRD for his this bill back to committee and in- million. Winter is coming on. It gets usual eloquence tonight. I think he en- struct them to prioritize spending in a pretty cold in those West Virginia capsulated what this is all about. way that is responsible and which will hills. As winter approaches and home This is a bipartisan bill. It passed the secure a Presidential signature. We heating oil prices rise, should we re- committee by a vote of 26 to 3. Frank- cannot continue to use the Govern- duce funding for home energy assist- ly, I think at least two, maybe all ment charge card knowing our children ance? No Senator will be cold this win- three of those were opposed to the stem and their children will have to pay the ter at home. I won’t be cold at home. I cell portion we had in there, which is bill. am a Senator, proud to be a Senator. no longer in the bill. Nonetheless, this On behalf of Senator LOTT and my- By how much should we slash low-in- passed 26 to 3. self, I move to commit H.R. 3043 to the come home energy assistance? By how To echo a little bit what Senator Committee on Appropriations with in- much? Those who want to cut, now is BYRD said, if you vote to commit, you structions to report back with total the time to answer the question. By are voting to cut community services amounts not to exceed $140.92 billion, how much should we slash low-income block grants, to zero it out, and your and I urge my colleagues to vote with home energy assistance? social services block grants that go to us to get us out of the business of polit- Mr. President, it is easy to demand your States will be cut by 30 percent. ical theater and back to the business of cuts until one has to say just what will You would cut NIH, as Senator BYRD governing in a responsible way. be cut. Whose ox—whose ox, yours or said, by $279 million. How about special The PRESIDING OFFICER. The Sen- mine—whose ox will be gored? Who will education? That would be cut by $748 ator from West Virginia. be left out in the cold? million. How about community health Mr. BYRD. Mr. President, first, I To all Senators listening, I urge a centers? That would be cut by $250 mil- commend Senator HARKIN for his skill- ‘‘no’’ vote on the motion to commit. lion. ful management of this bill. The Labor, I yield the floor. A ‘‘yea’’ vote means you agree with HHS, and Education bill requires The PRESIDING OFFICER. Who the President that we do not need any tough—did you hear me say that word, yields time? more community health centers, you tough?—tradeoffs between critical pro- Mr. HARKIN. Mr. President, how agree with the President we don’t need grams that serve our Nation well. I much time remains on our side? any more money to go to the States for thank Senator SPECTER for his many The PRESIDING OFFICER. The Sen- special education, you agree with the contributions to this legislation, which ator from Iowa has 3 minutes 15 sec- President that we can cut funding for is bipartisan, and I urge Senators to onds. NIH, you agree with the President we vote no on the motion to commit the Mr. HARKIN. I yield—how much can zero out the community services bill to the committee for the purpose time remains? block grants and cut the social services of reducing the bill to the President’s The PRESIDING OFFICER. The Sen- block grants to the States by 30 per- request. ator from Iowa has 3 minutes 15 sec- cent. That is what a ‘‘yea’’ vote means. Hear me now. Hear me now. Listen. I onds; the Republican leader has 5 min- Frankly, I hope we have an over- am going to pose a question. You will utes. whelming vote to reject this motion to commit and keep this a strong bipar- have an opportunity to answer it. If Mr. HARKIN. I will split it, 11⁄2 min- such a motion to commit were ap- utes to Senator SPECTER, and I will tisan bill with which we can go to con- ference. proved, the bill would need to be re- take the last 11⁄4 minutes. duced by $9 billion. To any Senator The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Re- who intends to vote for the motion to ator from Pennsylvania. publican leader. Mr. MCCONNELL. Mr. President, I commit so as to reduce the bill by $9 Mr. SPECTER. Mr. President, I op- yield the remainder of my time and ask billion, I ask: What programs would pose the motion to commit because the for the yeas and nays. you cut? What programs would you President’s budget is $3.5 billion under The PRESIDING OFFICER. Is there a cut? the current expenditures, and figuring sufficient second? The President proposes to cut Na- an inflation rate it would be $8.5 billion There is a sufficient second. tional Institutes of Health funding by less. The question is on agreeing to the $279 million for studying cancer, diabe- If we accept the President’s figure, motion. tes, and heart disease. Under the Presi- then we are abdicating our constitu- The clerk will call the roll. dent’s budget, the National Institutes tional responsibility of the appropria- The legislative clerk called the roll. of Health would have to eliminate 717 tions process. The Constitution gives Mr. DURBIN. I announce that the research grants that could lead to to the Congress the appropriations Senator from Delaware (Mr. BIDEN),

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13232 CONGRESSIONAL RECORD — SENATE October 23, 2007 the Senator from New York (Mrs. CLIN- fects has declined approximately 20 to guage to the Labor, HHS and Edu- TON), the Senator from Connecticut 30 percent. cation Appropriations bill that would (Mr. DODD), the Senator from Massa- While this represents significant direct the CDC to conduct a study of chusetts (Mr. KENNEDY), and the Sen- progress in the prevention of birth de- the additional disease prevention bene- ator from Illinois (Mr. OBAMA) are nec- fects, the decline falls short of the na- fits to the U.S. population that would essarily absent. tional policy objective to achieve a 50 be gained from expanded folic acid for- I further announce that, if present percent reduction by 2010. It also falls tification of the food and beverage sup- and voting, the Senator from Massa- short of the 50 percent to 70 percent re- ply consumed by populations currently chusetts (Mr. KENNEDY) would vote duction in birth defects that the Public at risk for inadequate folic acid intake. ‘‘nay.’’ Health Service has estimated would re- It is also my opinion that CDC should Mr. LOTT. The following Senator is sult if all U.S. women of childbearing use public-private partnerships to fa- necessarily absent: the Senator from age consumed the recommended cilitate that study. Arizona (Mr. MCCAIN). amount of folic acid daily. Mr. HARKIN. Senator SALAZAR, I The PRESIDING OFFICER. Are there Mr. HARKIN. Senator SALAZAR, I will work with you to expand folic acid any other Senators in the Chamber de- commend you for bringing this critical fortification of foods and beverages. siring to vote? issue to my attention and to my Col- Mr. SALAZAR. Thank you, Senator The result was announced—yeas 40, leagues’ attention. I agree with you HARKIN and SPECTER. I appreciate your nays 54, as follows: that we must do all that we can to re- interest in and dedication to address- [Rollcall Vote No. 390 Leg.] duce serious birth defects. ing this critical public health matter. YEAS—40 Mr. SALAZAR. Thank you, Senator Mr. SPECTER. I commend my col- HARKIN. Of great concern to me is that league for working on this important Alexander Crapo Kyl Allard DeMint Lott the scientific evidence indicates that issue and concur with Chairman HAR- Barrasso Dole Lugar the progress that has been made since KIN. Bennett Domenici Martinez the current fortification policy was COMMUNITY-BASED DOULA INITIATIVE Bond Ensign McConnell Brownback Enzi adopted is distributed unevenly, and Mr. DURBIN. Mr. President, I rise to Murkowski enter into a colloquy with the Senator Bunning Graham Roberts public health efforts have not been suc- Burr Grassley Sessions cessful in reaching some of the popu- from Iowa, chairman of the Labor, Chambliss Gregg Sununu lation groups that are at highest risk Health and Human Services, Education Coburn Hagel Thune Cochran Hatch of having a child affected by NTD birth and Related Agencies Appropriations Vitter Corker Hutchison defects. For example, research ana- Subcommittee, Mr. HARKIN. I am Warner Cornyn Inhofe lyzing the government’s 2001–2002 Na- pleased that the subcommittee has des- Craig Isakson tional Health and Nutrition Examina- ignated funding for a community-based NAYS—54 tion Survey data found that approxi- doula initiative within the Maternal Akaka Harkin Pryor mately 60 percent of non-Hispanic and Child Health Bureau. In particular, Baucus Inouye Reed white women, and nearly 80 percent of I am eager to see that this funding be Bayh Johnson Reid Bingaman Kerry Rockefeller Hispanic women and nearly 80 percent used in part to support technical as- Boxer Klobuchar Salazar African American women consumed sistance and evaluation activities. Brown Kohl Sanders less than the recommended amount of Poor and low-income adolescents Byrd Landrieu Schumer make up 38 percent of all women ages Cantwell Lautenberg Shelby folic acid daily. Cardin Leahy Smith CDC research suggests that current 15 to 19, yet they account for 73 percent Carper Levin Snowe fortification policy is a barrier to for- of all pregnancies in that age group. Casey Lieberman Specter tifying the types of food consumed by Teenage mothers are much less likely Coleman Lincoln Stabenow than older women to receive timely Collins McCaskill Stevens diverse groups and may help explain Conrad Menendez Tester the disparate results that have been prenatal care and are more likely to Dorgan Mikulski Voinovich achieved in diverse U.S. populations. In smoke during pregnancy. Because of Durbin Murray Webb view of the inadequacy of folic acid in- these and other factors, babies born to Feingold Nelson (FL) Whitehouse Feinstein Nelson (NE) Wyden take that persists among U.S. women teenagers are more likely to arrive too who are most at risk of having a child early and at a lower birth weight, NOT VOTING—6 affected by NTD birth defects, there is which puts them at greater risk for se- Biden Dodd McCain a need for further study to evaluate rious and long-term illness and devel- Clinton Kennedy Obama whether greater improvements in the opmental delays. The motion was rejected. nutritional status of women and the In Chicago, we have seen how the Mr. HARKIN. Mr. President, I move prevention of NTDs can be achieved community-doula model can improve to reconsider the vote and lay that mo- through the expansion of food and bev- the odds for those young moms and tion on the table. erage fortification with folic acid. their babies. The Chicago Health Con- The motion to lay on the table was Senator SPECTER, the statistics show nection pioneered this model. The agreed to. that our current fortification policy is group trained mentors from the com- STUDY ON FOLIC ACID not reaching all populations. Do you munity to work with at-risk moms, Mr. SALAZAR. The distinguished agree that we need the CDC to study many of whom had few ideas of where ranking member, Senator SPECTER, and this issue further, so that we can take else to turn. These mentors spend time I wish to engage in a colloquy about an appropriate action based on those re- in the neighborhood, finding and be- important public health matter. sults? friending pregnant women who need Folic acid is an essential ‘‘B vita- Mr. SPECTER. As a longstanding ad- help. With the guidance of the doula, min’’ that plays a critical role in the vocate of prevention and education the Chicago Health Connection found body’s natural processes for making programs, Senator SALAZAR, I believe that more young mothers were going new cells throughout the body. As the that the CDC should conduct critical to their prenatal care appointments, Labor/HHS appropriations committee public health research regarding our making better lifestyle choices, and has indicated in its committee report, current folic acid fortification policies, not surprisingly delivering healthier folic acid fortification can play a crit- so that we have a chance to meet our babies. The doulas stay with the moms ical role in reducing the incidences of public health objectives of signifi- through the early months, encouraging serious birth defects, such as spina cantly reducing the occurrences of breastfeeding, cuddling, interactive bifida. In that regard, according to re- spina bifida and other birth defects. play, and other critically important de- search conducted by the Centers for Mr. SALAZAR. I am familiar with velopmental activities. The key to suc- Disease Control, since the implementa- the distinguished Senator’s long his- cess in this model is the doula, who tion of the FDA’s policies governing tory of supporting public health pre- comes from the same communities folic acid fortification in enriched ce- vention and education programs, and I they serve. The doula provides cul- real grain products, the prevalence of ask that you work with me when we turally sensitive pregnancy and child- spina bifida and other neural tube de- get to conference to add report lan- birth education and helps ensure that

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13233 pregnant women know how to access In the Statement of Administration children with a parent in prison were under prenatal care and social services. Policy, SAP, issued last week, the ad- 5 years old. Prior to admission, less than half My request to the subcommittee to ministration echoed this sentiment and of the parents in State prison reported living transform this model into a national with their children 44 percent of fathers, 64 called on Congress to review the policy percent of mothers. priority was supported by Senators and balance the need for public access As a group, children of prisoners are OBAMA, BINGAMAN, BROWN and CASEY. against the impact it could have on sci- less likely than their peers to succeed In a time of budget constraints, I know entific publishing, peer review and in- in school and more likely to become that not many new programs were tellectual property. The private sector engaged in delinquent behavior. So, it begun and I thank the chairman for invests hundreds of millions of dollars is important that we support organiza- making this program a reality. I also in the peer review process which vets tions that provide positive adult men- commend the chairman for his fore- scientific research, and I believe that a tors to address the needs of these at- sight in expanding it to include com- change in the NIH public access policy risk children—organizations like the munity-based breastfeeding programs could undermine that investment. Seedling Foundation in Austin, TX; in rural areas. I would respectfully ask when this and national organizations like Big I am eager to see the Chicago Health bill is conferenced that the section of Brothers and Big Sisters, and Amachi, Connection model successfully rep- the Labor-HHS appropriations bill both of which have chapters in most licated and to make that happen, it is mandating the NIH public access policy important that new programs have States. be modified so it may receive further Many of these organizations depend guidance and help to not reinvent the study by the committees of jurisdic- on grants from the Mentoring Children wheel. I would hope that the national tion to ensure that it achieves its goals of Prisoners Program, authorized in program would include funding for a without unintended negative con- 2001 under section 439 of the Social Se- national leader with expertise in the sequences. curity Act and administered by the replication of the community-based Mr. INHOFE. I would like to add my U.S. Department of Health and Human doula model as well as expertise in voice to Senator ENZI’s concern regard- Services. This program was designed to breastfeeding promotion to provide ing the NIH public access mandate that keep children connected to a parent in training, technical assistance and eval- would force private sector publishers to prison in order to increase the chances uation services. make their articles freely available on that the family will come together suc- Mr. HARKIN. I thank my friend from an NIH Web site. I am concerned that cessfully when the parent is released. Illinois for his leadership on this issue. this proposal will harm the journal Unfortunately, this program has been I have worked hard in this bill to make businesses, hurt scientific communica- level-funded for the past few years. prevention a priority. Doula programs tion, and impose a severe regulatory The current allocation for the Men- provide the help and support that fami- taking on commercial and nonprofit toring Children of Prisoners Program lies need to create a safe environment publishers. I also believe that this is $507,000 below the President’s request for new infants, particularly when change in policy could have a negative and is at the fiscal year 2007 level. I mothers have nutritional challenges. impact on the intellectual property would have preferred that the Senate Everything we learn from the National protections for scientific journal arti- adopt an amendment to a modest in- Institutes of Health reminds us that cles. I believe this issue is different crease in fiscal year 2008 funding and this early stage of development is so from making underlying scientific data restore this amount to the Senate bill. key to our health and well-being. available. I believe that federally fund- At the very least, I would encourage And I want to applaud my friend Sen- ed scientific raw data should be avail- the conferees to retain the existing ator DURBIN for bringing this proven able for other researchers to review. I funding for this program. model to me last year. We worked hard would also ask that Senators HARKIN Mr. HARKIN. I agree with my col- to include funding and I agree with him and SPECTER agree to work with me to league and will work during the con- that expert technical assistance will be revise this NIH provision when this bill ference process to ensure that funding an important component to this initia- is conferenced. for this program is not reduced. tive. I look forward to working with Mr. HARKIN. I remain committed to Mr. SPECTER. I share my col- Senator DURBIN and Senator SPECTER retaining the provision in conference league’s strong and enthusiastic sup- to monitor the implementation of this as it is written in the Senate and port for this important program. I will program and the outcomes it provides. House Labor-HHS appropriations bills. continue to support the existing fund- PUBLIC ACCESS I will be happy to work with the Sen- ing levels for the Mentoring Children Mr. ENZI. Mr. President, I wish to ators from Wyoming and Oklahoma to of Prisoners Program when we con- engage in a colloquy with the distin- ensure that the policy is implemented ference this bill. guished Senator from Oklahoma, Mr. as smoothly as possible for the NIH, re- DEAFBLIND PROGRAMS INHOFE, and the chairman and ranking searchers, and scientific publishers. Mr. KERRY. Mr. President, I would member of the Labor-HHS Appropria- Mr. SPECTER. I thank the Senators like to engage the distinguished chair- tions Subcommittee, Senators HARKIN from Wyoming and Oklahoma for their man of the Subcommittee on Labor, and SPECTER. concerns about the NIH public access HHS, and Education, Mr. HARKIN, in a Mr. President, I am concerned about policy, which I share. I will work with colloquy concerning funding for a provision in the fiscal year 2008 the chairman to closely monitor the deafblind services and programs at the LHHS appropriations bill that would policy’s implementation. Department of Education. Would the change the National Institutes of Mr. ENZI. I thank the distinguished chairman and manager of the bill en- Health, NIH, public access policy to a chairman and ranking member of the tertain a question? mandate requiring that private sector subcommittee. Mr. HARKIN. Mr. President, I would commercial and nonprofit journal arti- Mr. INHOFE. I also thank the distin- be happy to. cles be made freely available for world- guished chairman and ranking member Mr. KERRY. As the Senator knows, wide access on an online NIH Web site. of the subcommittee for their willing- tremendous progress has been made in As ranking member of the Health, ness to work with Senator ENZI and me addressing the needs of deafblind chil- Education, Labor and Pensions, HELP, on this important issue. dren and their families over the past Committee, I am concerned that this MENTORING CHILDREN OF PRISONERS GRANT two decades. Despite a doubling of the matter has not been reviewed by our PROGRAM population of children who are committee, the committee of primary Mr. CORNYN. Mr. President, about 2 deafblind over that same time period, jurisdiction over the NIH. This issue percent of all children under the age of the 46 State and regional project cen- has been handled through the appro- 18 have at least one parent incarcer- ters that support the deafblind commu- priations process, and I believe that ated in a State or Federal prison. Ac- nity have not had a budget increase in the HELP Committee should study the cording to the Bureau of Justice. over 20 years. issue and determine the best and most In 1999 an estimated 721,500 State and Fed- In fiscal year 2007, the national tech- appropriate manner to implement and eral prisoners were parents to 1,498,800 chil- nical assistance and dissemination pro- improve the current voluntary policy. dren under age 18. 22 percent of all minor gram at the Department of Education

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13234 CONGRESSIONAL RECORD — SENATE October 23, 2007 received $48.9 million for all disability During recent years, Even Start has and Social Policy, the Children’s De- technical assistance, of which $12.8 mil- been plagued by a pervasive misconcep- fense Fund, the National Council of La lion is designated for deafblind pro- tion that the program is ineffective. Raza, Home Instruction for Parents of grams and services. At a time when re- This has resulted in drastic funding Preschool Youngsters USA, and Pre-K markable advances in medicine and cuts. To date, many Even Start Pro- Now. We have an obligation to our technology are enabling many more of grams have closed down and thousands most vulnerable families to support these infants and children to survive of vulnerable families have lost serv- services that they need the most. and live longer, it is important for Con- ices. In 2005, Even Start Programs in The criticisms of Even Start have gress to recognize the need for in- New York were serving 3,064 families. been largely based on the findings from creased support. Today, due to the Bush administra- the U.S. Department of Education’s na- While the President’s budget pro- tion’s budget cuts, Even Start is serv- tional evaluation released in May 2003. posed baseline funding for this pro- ing only 722 families. We can all agree However, this study contained serious gram, the House included a modest $2 these are dramatic cuts for a program methodological flaws that call into million increase for deafblind programs that serves such vulnerable families. question the accuracy of the findings. for fiscal year 2008 in their Department For New York, cuts to the Even Start For example, the study’s sample was of Education appropriations bill. The Program have affected 2,342 families. not representative of the Even Start equivalent allocation in the Senate In order to keep the program alive, it population. Thus, findings cannot be was, of course, lower than in the House. is imperative the Senate ensure the generalized to all of Even Start, par- I know the chairman recognizes the Even Start Program receives the fiscal ticularly Even Start participants in urgent help our States need to improve year 2007 level of $99 million. I am rural communities or special popu- their services for families, to support proud to be joined by my colleagues, lations, such as migrant and Native the activities of the national technical Senators HARKIN and SPECTER, and American families. Experts in assess- assistance and dissemination center on most of all by Senator SNOWE who has ment of limited English-proficient, deafblindness, and to strengthen per- spent the last 3 years championing this LEP, individuals caution that the find- sonnel preparation programs. Mr. President, I would ask the chair- program with me. ings for LEP individuals, who represent Ms. SNOWE. Mr. President, I support man if he would be willing to continue 75 percent of those assessed in the to work during the conference process the William F. Goodling Even Start study, are flawed due to inappropriate to include a $2 million budget increase Family Literacy Program. I am proud assessment protocols and measures. Of for deafblind funding? to join my colleague, Senator CLINTON, the 118 Even Start projects eligible to Mr. HARKIN. Mr. President, I would on this important issue. Senator CLIN- participate in the study in 2003, only 18 say to the Senator from Massachusetts TON and I have been fighting for this programs self-selected, meaning that that I agree with his description of the program for the last 3 years, and we researchers included programs largely challenges facing the funding for are committed to continuing to fight based on who volunteered rather than deafblind services and that it is my until this program is fully restored. using random selection, and such a hope that we can find agreement with The majority of Maine’s neediest small pool of programs overall does not our House colleagues to retain the families have also had services taken allow for the study’s findings to be gen- modest funding increase that appears away from them due to cuts over the eralized to all of Even Start. in their bill. past 2 years. In 2005, Even Start Pro- However, the California Department Mr. KERRY. Mr. President, I thank grams in Maine served 168 families of Education Even Start evaluation the chairman for his help on this issue. through 9 programs. Today, Even Start found that the percentage of parents FAMILY LITERACY PROGRAM is only serving 57 families through 3 who reported reading to their child on Mrs. CLINTON. Mr. President, I wish programs. This means that 66 percent a more regular basis and involvement to speak on a program that is not just of Maine families being served have in activities such as parent-teacher important to me and to many of my lost Even Start services over the past 3 conferences increased each year that constituents in New York but to thou- years. they were served by the program. sands of children and parents across These families depend on Even Start Even Start families are the most in the country. The William F. Goodling for help in learning English, pursuing need. Eighty-four percent of Even Even Start Family Literacy Program educational opportunities, and obtain- Start’s families are at or below Federal is a highly valuable program that gives ing job skills. In a Texas A&M Univer- poverty levels. Eighty-four percent of economically and educationally dis- sity Study, 2004–05, parents partici- Even Start adults do not have a high advantaged parents the tools necessary pating in Even Start were more often school diploma or GED, and 44 percent to support early literacy and language and better employed. The study found of the parents have not gone beyond development for their young children. that employment jumped from 17 per- the ninth grade. Nearly one-third of Even Start not only coordinates with cent before enrollment to 51 percent children and parents served by Even early childhood education programs after program completion, and wages Start are limited English proficient. and home visitation programs like increased by more than 25 percent. Mr. HARKIN. Mr. President, I thank HIPPYUSA to provide literacy and lan- This program helps parents acquire my colleagues, Senator CLINTON and guage development services, but also important skills to be their child’s first Senator SNOWE, for bringing this crit- incorporates parental involvement. and most important teacher. In fact, ical issue to the floor of the U.S. Sen- The program assists parents to fulfill Even Start complements other early ate. their role as their child’s first teacher childhood education programs such as The Even Start Family Literacy Pro- by providing them with adult and par- Head Start and Reading First by pro- gram is a valuable program, and I enting education, English as a second viding the comprehensive family serv- agree with my colleagues that Con- language instruction, and structured ices that help children in these critical gress must do all that it can to ensure parent-child joint literacy activities years. Even Start is also consistent that the Even Start Program receives that we all know are necessary for chil- with the parent involvement goals of an adequate funding level to keep the dren to arrive at school ready to learn. the No Child Left Behind Act. The pro- program alive. The Even Start Program is the only gram supports parents to be effective Mr. SPECTER. Mr. President, I also early literacy program that works with advocates for their children. want to thank Senators CLINTON and parents to serve children during the in- Mrs. CLINTON. Mr. President, Even SNOWE for their hard work on this crit- fant and toddler years, a develop- Start Programs are essential to break- ical program, and I look forward to mental period that research shows is ing down the barriers that poverty and working with the chairman in pro- critical for building later reading pro- illiteracy create by integrating early viding the needed resources for the ficiency. Moreover, Even Start has childhood education, adult literacy, or Even Start Family Literacy Program. been shown to be highly effective in basic education, and parenting edu- SENIOR COMMUNITY SERVICE EMPLOYMENT helping low-income parents support cation into a unified family literacy PROGRAM their children’s education and breaking program. That is why 35 national orga- Mr. SANDERS. Mr. President, I first the cycle of illiteracy and poverty. nizations, including the Center for Law want to thank Chairman HARKIN and

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13235 Ranking Member SPECTER for their ter- porters of the program but had a fund- level proposed by the House for the Na- rific work on the Labor-HHS appropria- ing allocation $2 billion lower than tional Health Service Corps. The House tions bill. I appreciate how well the their counterparts in the House. bill would provide a $5.8 million in- chairman and the ranking member Can the chairman provide his com- crease for the National Health Service were able to address so many of the im- mitment of his intent to fund SCSEP Corps for fiscal year 2008. portant issues in this bill despite the at the House-passed level when he Mr. SANDERS. I would like to con- overwhelming needs of so many worthy moves to conference with the House? gratulate the chairman and ranking programs that have been terribly un- Mr. HARKIN. I thank the Senator member for their ongoing championing derfunded during the Bush administra- from Vermont for his support of this of critical programs that support tion. With this in mind, I want to enter important program and share his com- health care access, including making into a colloquy to clarify a key issue mitment to our Nation’s low income substantial investments in the Na- concerning this measure. seniors. I want to assure him that I am tion’s community health centers. The As a member of the HELP Committee committed to funding the program at expansion of the National Health Serv- and its Retirement and Aging Sub- the highest level possible and will work ice Corps is essential if health centers committee, I am a strong supporter of with the House to do so within our ex- are to continue to meet the health care the Senior Community Service Em- isting budgetary constraints. I thank needs of their growing disadvantaged ployment Program, SCSEP, which pro- the Senator from Vermont. populations, and if we are to address vides part-time community service op- Mr. SPECTER. I agree with the the impending crisis in the supply of portunities at minimum wage for un- chairman. primary care doctors and dentists. In- employed low-income seniors over the Mr. SANDERS. I thank the chairman creasing the program’s funding over age of 55 with poor employment pros- and the ranking member for their work the next several years is an important pects. This year, approximately 100,000 on this critical issue. goal. The program is strongly sup- seniors nationally will have access to NATIONAL HEALTH SERVICE CORPS ported by the Association of American assistance from the SCSEP program. Mr. DORGAN. Mr. President, I com- Medical Colleges, which has called for Last year, approximately 94,000 were mend the chairman and ranking mem- an increase of 1,500 Corps awards per served and 40 million hours of commu- ber for rejecting the President’s pro- year to help meet the need for physi- nity services were provided at local posal to slash funding for rural health cians caring for underserved popu- community-based organizations, and 33 programs by more than 90 percent. The lations and to help address rising med- percent of participants obtained em- President proposed eliminating prac- ical student indebtedness. ployment as a result of participating in tically every rural health program ex- In fiscal year 2007, the National this program cept for the Federal and State offices Health Service Corps was funded at Through SCSEP, low-income older of rural health. If enacted, these cuts $126 million and the current level ap- people benefit from training, coun- would have a devastating effect on proved by the Appropriations Com- seling, and community service assign- communities in North Dakota and all mittee for fiscal year 2008 would level- ments at nonprofit organizations and across rural America. Although one- fund the program. I thank the com- public agencies before transitioning fifth of the Nation’s population lives in mittee members for rejecting the ad- into the workforce. Participants’ com- rural areas, 70 percent of all under- ministration’s proposal which would munity service assignments benefit served areas in the country are rural. I have actually reduced funding by $10 schools, health facilities, homeless thank the chairman and ranking mem- million for this vital resource in the shelters and food banks, disaster relief ber for restoring funding for the rural face of a dwindling supply of primary agencies, and aging services. The wages health programs in this bill. care doctors and dentists. While I rec- participants earn makes the difference One of the big problems in rural ognize the many competing needs of in their ability to care for basic neces- areas is recruiting and retaining health important programs within the Labor, sities of life such as food and medicine. professionals. More than 80 percent of Many participants overcome homeless- Health and Human Services, and Edu- North Dakota’s counties are designated ness and other obstacles such as dis- cation appropriations bill, at the very as Federal health professional shortage abilities, literacy deficiency, language, least, I would like to see the National areas. Although recruiting and retain- or lack of self-esteem through their Health Service Corps program funding ing health professionals is a major participation, and are able to compete increased by the $5.8 million approved challenge in rural communities, it is for jobs in their local communities. by the House of Representatives. also a problem in some urban settings. Ms. MURKOWSKI. I would like to Each year thousands of participants In fact, more than one of every four thank the chairman and the ranking transition to employment, allowing ad- counties in the United States is des- ditional older workers to benefit from member of the subcommittee for pro- the SCSEP. ignated as a health professional short- viding one of the largest increases in The SCSEP program was reauthor- age area. Residents who live in these funding for community health centers ized last year as part of the Older areas frequently have to drive long dis- which include migrant health centers, Americans Act with strong bipartisan tances or wait to access the care they health centers for the homeless, and support as a result of the tremendous need. One of the ways Congress has public housing health services. Com- difference the program makes in the sought to reduce the number of short- munity health centers particularly im- lives of our Nation’s low-income sen- age areas is by supporting a program pact medically underserved commu- iors and our communities. As our popu- called the National Health Service nities which can be in urban settings lation continues to grow grayer, the Corps, which provides full-cost scholar- like New York City or in the most need for SCSEP services is anticipated ships or sizable loan repayment to cli- frontier of all States, my home State to grow accordingly. nicians who agree to serve in a short- of Alaska. SCSEP rewards work and the impor- age area. I was disappointed that the I am pleased that the bill before us tant contribution our Nation’s seniors President proposed cutting funding for today recognizes the importance of can make to our society. However, pro- the National Health Service Corps by community health centers and provides gram costs will rise this coming year $9 million in fiscal year 2008. I appre- $2.26 billion in funding for the program. as the increase in the minimum wage ciate that the chairman and ranking But what about staffing these facili- results in higher costs for the SCSEP member were able to restore funding to ties? While it is important that we pro- program due to the minimum wage the fiscal year 2007 level. However, I be- vide money for building these centers, payments made to program partici- lieve that we must ramp up our invest- we simply cannot ignore the fact that pants. In order to continue current par- ment in this program as well as con- many community health centers ticipant service levels, the House bill sider other initiatives to reduce the throughout America are not fully provided $531 million for SCSEP, which number of health professional shortage staffed. According to a Washington provides adequate funds to cover the areas. Post article from June of this year, 2008 minimum wage increase. When this funding bill gets to con- many of these centers rely heavily on I know that Senator HARKIN and ference, I encourage the chairman and the National Health Service Corps. Ranking Member SPECTER are sup- ranking member to support the funding Still, this is not enough to fill the gap,

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13236 CONGRESSIONAL RECORD — SENATE October 23, 2007 according to the National Association LIFESPAN RESPITE CARE APPROPRIATIONS vent expensive hospitalization and of Community Health Centers. For Mr. WARNER. Mr. President, I speak nursing care. lack of funding, the Health Service in regard to Senate amendment No. Family caregivers provide 80 percent Corps had to turn away about 50 per- 3394, an amendment sponsored by Sen- of all long-term care in the U.S.—work cent of the 1,800 doctors who applied ator CLINTON and I, which provides $10 that is virtually always unpaid but val- last year. million in funding—fully offset—for ued at more than $300 billion annually. Whether in a large urban city like the Lifespan Respite Care Act. Cur- That is more than the entire amount New York, or a frontier community rently, the House of Representatives we spent on Medicare in 2004. like Bethel, AK, the National Health fiscal year 2008 Labor, Health and Because of their responsibilities at Service Corps should be properly fund- Human Services, Education appropria- home, studies have shown us that it is ed so that millions of underinsured and tions bill contains $10 million for this much more difficult for caregivers to uninsured Americans have access to important program. However, the Sen- find and maintain jobs. Many health care. I believe that with an in- ate’s version contains no such funding. caregiving families are struggling to crease to the appropriations for the Na- As you know, the Lifespan Respite stay afloat. The cost to businesses is tional Health Services Corps we will be Care Act passed unanimously in the estimated in the tens of billions of dol- able to achieve that and encourage my Senate last year and was signed into lars, including the cost for employees colleagues to match the House-passed law by the President on December 21, who leave jobs due to overwhelming re- funding levels. 2006. This important program author- sponsibilities at home. izes competitive grants to Aging and This labor of love often results in Mr. SCHUMER. Mr. President, I also Disability Resource Centers in collabo- substantial physical and psychological would like to commend Chairman HAR- ration with a public or private non- hardship. Research suggests that care- KIN and Ranking Member SPECTER for givers often put their own health and putting together a funding bill for the profit State respite coalition to make well being at risk while assisting loved Departments of Labor, Health and quality respite available and accessible ones. Many caregivers are exhausted Human Services, and Education that to family caregivers, regardless of age and are more prone to illness them- reflects of our Nation’s priorities and or disability. I know that my good friends Senator selves. One study found that caregivers will do much to help the American peo- HARKIN, the chairman of the Labor, are 51 percent more likely to experi- ple. Of particular importance to me Health and Human Services and Edu- ence sleeplessness and 61 percent more and my State is the funding for the Na- cation Appropriations Subcommittee, likely to experience depression. tional Health Service Corps. I appre- and Senator SPECTER, the ranking Often, this incredible struggle—with ciate that the chairman and ranking member of the subcommittee, recog- little support despite the heroic efforts member were able to restore funding to nize that funding this program will be of the organizations advocating for and the fiscal year 2007 level for this pro- a win-win-win for everybody involved. providing respite care—leads to more gram, but believe that we need to do Patients will be able to receive care in costly out-of-home placements as a more to combat the serious issue of the home from loving, caring family family’s only alternative. physician shortage in the underserved members rather than in a nursing Like Senator WARNER, I also ask the areas of our States. In my State, hos- home. Family members will be even chairman and ranking member of the pitals and health centers are searching further encouraged to serve as a family Labor, Health and Human Services Ap- for physicians who will fill the numer- caregiver knowing that services will be propriations Subcommittee to try to ous vacancies that physician retire- available to assist them. And, finally, provide $10 million in funding for the ment and retention problems have the Federal Government and our Lifespan Respite Care Act. created. We need more specialists, sur- health care system will recognize fiscal Mr. SPECTER. The Lifespan Respite geons, and general practitioners, den- savings as more care will be given in Care Act is a worthwhile piece of legis- tists, nurse practitioners, and nurse- the home by a family member rather lation that will impact almost all midwives. We need to do more to re- than in the more costly nursing home American families. I will work with the cruit and retain these essential pro- setting. As we all know, given the chairman to provide funding for these viders—and that is exactly what the aging baby boomer generation, the cost activities. National Health Service Corps does. of Medicaid nursing home care is ex- Mr. HARKIN. Respite care programs Robust funding of this program, in ad- pected to be a primary reason of in- recognize the vitally important work dition to pursuing other strategies to creased health care costs in the years that families do when a loved one is assist areas experiencing health profes- to come. Funding the Lifespan Respite struck with illness or disability. I have sions shortages, will make a significant Care bill is one step in the right direc- long been a supporter of home and difference to patients and the providers tion towards controlling these costs. community-based services to keep peo- and facilities that care for them. I I encourage the chairman and rank- ple with disabilities in their homes and thank the chair and ranking member ing member to try to achieve $10 mil- respite care is an important part of and hope that the National Health lion in funding for the Lifespan Respite that effort. For that reason, I will Service Corps program funding is in- Care Act. work with my colleague, Senator SPEC- creased by the $5.8 million that was ap- Mrs. CLINTON. I rise today with my TER, to obtain funding for the Lifespan proved by the House of Representa- colleagues, Senators HARKIN, WARNER, Respite Care Act in conference. tives. and SPECTER to talk about the impor- HEALTH INFORMATION TECHNOLOGY NETWORK Mr. HARKIN. I share my colleagues’ tance of providing adequate funding for DEVELOPMENT support for the National Health Serv- the Lifespan Respite Care Act. Across Mr. ISAKSON. Mr. President, it is ice Corps and agree that we must do our country quality respite care re- my understanding that the Health In- more to reduce the number of health mains hard to find. Where community formation Technology Development professional shortage areas. In my respite care services do exist, there are program will see a substantial increase State, 14 of our counties are designated often long waiting lists. And until the in this appropriations bill, and I ap- as shortage areas, so I know this issue Lifespan Respite Care Act, no Federal plaud the chairman and ranking mem- firsthand. When this bill gets to con- plan focused on respite care to coordi- ber’s commitment to this program by ference, I will support as much funding nate among disparate and fragmented recognizing the need to develop sys- as possible for this important program, services. tems that will help disseminate vital and I look forward to continuing to This legislation, enacted almost 1 information to help in the detection, work with my colleagues to ensure an year ago, is designed to expand and en- prevention, and treatment of some of expansion of the National Health Serv- hance access to respite care services to the most devastating diseases. ice Corps. provide support and relief to families In particular, this program is impor- Mr. SPECTER. I will work with Sen- providing care; to help ailing loved tant to improve access to quality care ator HARKIN to provide as much fund- ones stay in their homes longer; and to for Georgians living with cancer. Can- ing as possible for this program when control health care costs as respite cer unfortunately acutely affects Geor- we get to conference with the House. care allows families to postpone or pre- gia, as it is the second leading cause of

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13237 death within the State, yet there is a lion in Federal funding in the current Mr. DODD. It is my hope that the im- shortage of options available for those fiscal year as a result of improper im- pact of a decline in formula funding afflicted with cancer. The Georgia Can- plementation of the reauthorization by under title I will be measured based on cer Coalition, in partnership with and the Bush administration? the urban areas’ prior year formula as the parent organization of the Geor- Mr. HARKIN. I am aware of the cuts award. This is because applicants for gia Center for Oncology Research and the State of Connecticut has sustained supplemental funding do not know Education, GA–CORE, is an inde- and am aware that these cuts directly their current years’ formula award at pendent, nonprofit organization work- impact individuals living with HIV/ the time they apply for supplemental ing to improve cancer care and AIDS in your State. funding and therefore neither the ap- strengthen clinical research through- Mr. DODD. I am particularly con- plicant nor HRSA can measure the cur- out Georgia by encouraging collabora- cerned because these funding cuts so rent years’ decline or disruption of tion, sharing of information, and im- deeply impacted Connecticut’s two services for individuals living with proving the clinical trials process. To transitional grant areas, formerly eli- HIV/AIDS. It is my hope that I can that end, the Georgia Cancer Coalition gible metropolitan areas, Hartford, work with the distinguished chairman has created a model that harnesses the which lost nearly $1.5 million, and New in conference to provide some clarifica- combined talents of cancer researchers, Haven, which lost nearly $1.6 million. tion and guidance to HRSA on this physicians, and academia throughout Urban areas in my State, like many critically important issue. the State to work to eradicate this de- urban areas throughout the U.S. with a It has been stated that the Ryan structive disease. The State of Georgia long history of the presence of this dis- White reauthorization bill better tar- has already recognized the importance ease, have systems of medical care and geted funding so that infected persons of this initiative by allocating funds treatment that have been disrupted by would have better access to high qual- from the State’s budget. the Ryan White CARE Act reauthoriza- ity health care. Residents in the State As I mentioned before, the Health In- tion bill. When I put my support behind of Connecticut do not have better ac- formation Technology Development the final reauthorization bill, it was cess to high quality health care as a re- program will see a substantial increase with the understanding that this bill sult of the Ryan White reauthorization in Federal dollars in fiscal year 2008, would do no harm to my State. In fact, bill. However, there is funding in the and I really believe that some of it an analysis of the reauthorization bill House-passed Labor, Health and should go to Georgia. provided by the Government Account- Human Services, and Education appro- Mr. SPECTER. Mr. President, like ability Office and others prior to its priations bill that is targeted to cities my colleague from Georgia, I am sup- passage showed that the State of Con- losing funding under title I. I strongly portive of the Health Information necticut and the cities of Hartford and support this targeted funding and urge Technology Development program, and New Haven would gain over $2 million that it be maintained in the final con- I was happy to support the chairman’s as a result of its passage. However, this ference report. effort to increase funding for it. I be- has not been the case. Mr. HARKIN. I appreciate knowing of lieve that the goals of the Department Mr. HARKIN. Section 102 of Public the Senator’s support for this provi- of Health and Human Services through Law 109–415 lists States by name that sion. I will certainly keep it in mind as its Office of the National Coordinator have sufficiently reliable and accurate we move into conference negotiations. of Health Information Technology may names-based reporting of living non- Mr. DODD. I thank the Senator for be well-served by the sort of program AIDS cases of HIV. The State of Con- his consideration.∑ that Senator ISAKSON described a mo- necticut is not listed among those (At the request of Mr. MCCONNELL, ment ago. States. However, it is my under- the following statement was ordered to Mr. HARKIN. I appreciate the com- standing that the Health Resources be printed in the RECORD.) ments by the Senator from Georgia, as and Services Administration, HRSA, ∑ Mr. MCCAIN. Mr. President, here we well as the ranking member. I agree has administered the program as if go again, pushing through a bloated ap- with them that the Health Information Connecticut were on that list. Is that propriations bill chocked full of ear- Technology Development program is a true? marks and far exceeding the Presi- step towards better dissemination of Mr. DODD. Yes, it is. Connecticut is dent’s budget request. This is the sev- health information and better health not listed among the States with suffi- enth annual appropriations measure care, and I will work with my col- ciently reliable and accurate names- that has been considered by the Senate leagues during conference with the based reporting of living non-AIDS and it is by far the biggest budget bust- House to provide as much funding as cases of HIV. During negotiations on er of those considered. The first six possible. the reauthorization bill, I was told by bills exceeded the President’s request (At the request of Mr. HARKIN, the officials in the Bush administration by over $8 billion, while this bill alone following colloquy was ordered to be that Connecticut’s names-based report- exceeds the President’s budget request printed in the RECORD.) ing system could not yet be considered by almost $9 billion. At what point will HIV/AIDS PROGRAMS sufficiently reliable and accurate be- Congress come to grips with the fact ∑ Mr. DODD. First, I would like to cause it had not reported HIV cases by that we are mortgaging our children’s thank and congratulate the distin- name for four consecutive years. Con- and our grandchildren’s futures by ap- guished chairman of the Labor, Health necticut would not be in that position proving bills like this? and Human Services, and Education until 2009, at the earliest. The result Appropriations Subcommittee on put- has been that my State lost $3.3 mil- The Department of Labor, Health and ting together this vitally important lion in Federal funding. Human Services, and Education, and appropriations bill that will restore I am also deeply troubled by reports Related Agencies appropriations bill and grow funding for so many of our of how HRSA may be measuring urban for fiscal year 2008 provides over $605 Nation’s domestic health, education areas’ demonstrated need for supple- billion, including $149.2 billion in total and labor programs. In particular, he mental funding. Under Public Law 109– discretionary spending and, as I men- should be commended for his leader- 415, HRSA can consider the impact a tioned, exceeds the President’s budget ship in support of funding for domestic decline in formula funding under title I by $8.95 billion. The Statement of Ad- HIV/AIDS programs. would have on individuals living with ministration Policy begins with the As a senior member of the Health, HIV/AIDS for purposes of supplemental following; Education, Labor and Pensions— grant funding. It is my understanding The Administration strongly opposes S. HELP—Committee, I am deeply trou- that this language targets urban areas 1710 because, in combination with the other bled by the impact Public Law 109–415, whose decline in formula funding has FY 2008 appropriations bills, it includes an the Ryan White HIV/AIDS Treatment irresponsible and excessive level of spending meant a decline or disruption of serv- and includes other objectionable provisions. Modernization Act of 2006, has had on ices for people living with HIV/AIDS by The statement goes on to say, The Adminis- the State of Connecticut. Is the distin- giving them priority in the supple- tration has asked that Congress demonstrate guished chairman aware that the State mental funding process. a path to live within the President’s topline of Connecticut lost a total of $3.3 mil- Mr. HARKIN. I see. and cover the excess spending in this bill

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13238 CONGRESSIONAL RECORD — SENATE October 23, 2007 through reductions elsewhere, while ensur- in almost no earmarks in the fiscal with Senators HARKIN, BYRD, SPECTER, ing the Department of Defense has the re- year 2006 bill, which had about 3,000 and others to secure funding to estab- sources necessary to accomplish its mission. earmarks the prior year. And last year, lish necessary screening, monitoring Because Congress has failed to demonstrate we funded the programs with a con- and treatment programs to address the such a path, if S. 1710 were presented to the tinuing resolution that, for the tax- health care needs of those impacted by President, he would veto the bill. payers, turned out to have been about 9/11. Through our joint efforts, we have Well, it looks like he will have the the most fiscally responsible route that allocated funding to establish Centers opportunity to do just that. we could have taken. of Excellence at the Fire Department There are over 1,000 earmarks in this I urge my colleagues to reject the ex- of New York and Mt. Sinai Medical bill. Examples include: $1 million for cessive spending in the bill.∑ Center, as well as its affiliated institu- the Bethel Performing Arts Center in (At the Request of Mr. REID, the fol- tions. These institutions have been Liberty, NY, for the Woodstock Mu- lowing statement was ordered to be working on these issues as the early re- seum (which the Senate did strike by a printed in the RECORD.) ports of illness appeared, and providing vote 52:42); $500,000 for the New York ∑ Mrs. CLINTON. Mr. President, I rise care and medical guidance to the re- Botanical Garden, Bronx, NY, for the today to express my support and grati- sponders and recovery workers who virtual Herbarium; $200,000 for Dallas, tude for the $55 million included in this were at Ground Zero and Fresh Kills. TX, for the Women’s Museum; $200,000 legislation to support our continued ef- In partnership with the National In- for the Italian American Cultural Cen- forts to address the health impacts of stitute for Occupational Safety and ter of Iowa in Des Moines; $250,000 for 9/11. I would in particular like to thank Health, these Centers of Excellence the James K. Polk Association in Co- Senator HARKIN, Senator BYRD, Sen- have engaged in efforts to treat those lumbia, TN, for exhibit preparation; ator SPECTER, and their colleagues on suffering these attacks, as well as re- $100,000 for the Los Angeles Craft and the Senate Appropriations Committee search and monitoring to allow us to Folk Art Museum; $500,000 for the for their efforts to help the many re- understand more about the ways in Southwest Museum of the American sponders, recovery workers, residents which these exposures do result in dis- Indian in Los Angeles, CA; $100,000 for and others who have been suffering ease. And in addition to these efforts, I the Warner Robbins Museum of Avia- from persistent adverse health effects also want to highlight the work of the tion in Georgia; $200,000 for the Texas resulting from exposure to the toxins City of New York, which has estab- Historical Commission; $600,000 for the released during the attacks on the lished another Center of Excellence at Vermont Department of Labor for Job World Trade Center. Bellevue Hospital with city funds to Training of Female Inmates in When the towers collapsed, thou- meet the needs of residents, office Vermont; $2.4 million for Maui Commu- sands of tons of coarse and fine partic- workers and others who were exposed nity College for the Remote Rural Ha- ulate matter were released into the to these toxins. waii Job Training Project; $1.8 million air—including cement dust, glass fi- The $55 million included in this legis- for Maui Community College for train- bers, asbestos, lead, hydrochloric acid, lation will go towards continuing these ing and educational opportunities; and other toxic pollutants. The com- programs to carry out the screening, $750,000 for Minot State University to bustion of jet fuel after the attacks monitoring and treatment activities provide training and masters degrees created a dense plume of black smoke, administered by NIOSH. It also in- to job corp center senior management filled with other toxic substances like cludes language requiring the Depart- personnel; $250,000 for the United Auto benzene and polycyclic aromatic hy- ment of Health and Human Services, Workers Region 9 Training Initiative drocarbons. Fires at Ground Zero con- again working through NIOSH, to ex- in New York; $900,000 for the Lyndon tinued to burn underground for several pand its efforts to address the needs of Baines Johnson Foundation in Austin, months after the attacks. residents, office and commercial work- Thousands worked and lived by this TX, for the Presidential Timeline ers, students, and other individuals Ground Zero site, amidst the dust, Project; $1.1 million for the Billings who were exposed. smog, and toxic mix of debris. People With this funding, we will ensure Clinic, Billings, MT—interestingly, the also worked at Fresh Kills, the landfill that those who responded in our hour Billings clinic only has 272 beds in its in Staten Island, where workers sifted of need are helped in their hour of hospital, and received recently an en- through the debris in an attempt to need. We will continue to expand our dowment of over $1 million for its can- discover evidence and recover human understanding of the ways in which ex- cer center; $5.9 million for Marshall remains. And in the first few months posure to environmental hazards ad- University, WV, including $1,575,000 for following the attacks, we began to hear versely impact human health. We will the Virtual Colonoscopy Outreach Pro- reports of persistent coughing among be helping the previously healthy de- gram; $3,600,000 for Mountain State rescue workers. These reports were tectives, firefighters and construction University, Beckley, WV, for the con- among the first indications of the mul- workers—people in good physical shape struction of the Allied Health Tech- tiple physical and mental health im- before the attacks who now have dif- nology Tower; $3,150,000 for West Vir- pacts we have identified among work- ficulty breathing and who experience ginia University, for the construction ers, responders, and residents following mental health concerns. For these indi- and equipping of medical simulation 9/11—chronic respiratory illness, anx- viduals, their illnesses are a constant research and training centers; $4,050,000 iety and depression, and musculo- reminder of that terrible day, and evi- for West Virginia University, for the skeletal injuries, among others. I be- dence of the sacrifices made to assist construction of a Multiple Sclerosis lieve we have a moral obligation to our country after a terrorist attack. Center; $1,000,000 for Wetzel County take care of those suffering from 9/11 Again, I would like to thank Senator Hospital, WV, for the expansion and re- related illnesses, and I would like to HARKIN, Senator BYRD, Senator SPEC- molding of the Emergency Department; commend the Appropriations Com- TER, and others on the Appropriations $2,000,000 for the Iowa Department of mittee for helping to meet that obliga- Committee for helping to support these Public Health to continue the Harkin tion. programs.∑ Wellness Grant program; and $100,000 I have been working with my col- Mr. CARDIN. Mr. President, I rise for Iowa Games, Ames, IA, to continue leagues on the Health, Education, today in support of H.R. 3043, the fiscal the Lighten Up Iowa program. Labor and Pensions Committee to de- year 2008 Department of Labor, Health I could go on and on calling out ear- velop a long-term solution to address and Human Services, and Education, marks in this bill and its accom- these health care needs, and I am and Related Agencies appropriations panying report. We are doing a dis- pleased to note the bipartisan support bill. Some call this legislation the service to the American taxpayers and from my colleagues there. As we con- most significant appropriations bill we ourselves by approving such wasteful tinue our efforts to develop this solu- will consider as it touches the lives of spending. It doesn’t have to be this tion, the cooperation of the appropri- every single American. Each American way. In fact, for the past 2 fiscal years, ators in maintaining funding for exist- citizen has the right to basic edu- the programs funded through the ing programs is greatly appreciated. cation, adequate healthcare, and access Labor-HHS bill were virtually pork- In the wake of the attacks, I have to employment opportunities. In pro- free. A fortunate disagreement resulted been proud to work again and again viding funding across three major

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13239 agencies, we are ensuring that our citi- I submit that we will never get a cans. This includes some innovative zens have every opportunity to reach handle on the problem unless we pro- programs in my home State of Mary- their maximum potential. I appreciate vide adequate resources to address it. land, such as: funding provided through the opportunity to highlight a few of We in Maryland are fortunate to have this bill will allow the Chesapeake Bay the bill’s major provisions. the Social Security Administration Foundation, CBF, in collaboration with American workers deserve every op- Headquarters in Baltimore. By not ade- Living Classrooms Foundation, LCF, to portunity to provide for their families. quately addressing the SSA backlogs, continue providing students with rich, Investment in training, education, and not only are we doing harm to the hun- meaningful field and classroom pro- employment services leads to good jobs dreds of thousands of individuals that, grams focusing on the natural and cul- that provide self-sustainability for due to health circumstances beyond tural history of the Chesapeake Bay workers and their families. This was their control, can no longer support watershed. Funding will allow CBF and the purpose of the Workforce Invest- themselves, we are also tying the LCF to reach approximately 700 teach- ment Act and is what the funding pro- hands of the hard-working individuals ers, and 87,000 underserved students. vided for in this bill accomplishes assisting them. Again, I commend the The bill funds KIPP Ujima Village through various job training programs. Appropriations Committee for pro- Academy in Baltimore through its par- This bill acknowledges the value of viding additional funding SSA adminis- ent organization. KIPP Ujima opened training and employment services by trative expenses but note that the its doors in the summer of 2002 with its continuing to fund adult employment agency needs additional funding to first class of fifth graders, and now and training, youth training and dis- avoid further staff reductions and an serves 300 fifth through eighth grades. located worker assistance programs. increasing disability backlog. Over 99 percent of its students are Afri- This bill also provides critical fund- I would like to take this opportunity can American, and 87 percent qualify ing for the National Institutes of to thank my colleagues for their sup- for Federal free or reduced-price meals Health, or NIH. NIH funds significant port of my amendment establishing the program. KIPP Ujima is the highest health research at over 3,000 institu- sense of the Senate that the Secretary performing public school serving mid- tions throughout the U.S. and around of Health and Human Services should dle grades in Baltimore City, as meas- the world. While increased funding pro- maintain ‘‘deemed status’’ coverage ured by the 2006 Maryland State As- vided in this bill is a good start, we under the Medicare Program for clin- sessment. On that exam, 100 percent of can, and must, do more. NIH funding ical trials that are federally funded or seventh and eighth graders scored pro- supports research to develop and find reviewed. Under current policy, trials ficient or advanced in mathematics, cures for a myriad of health issues, in- that are federally funded or reviewed achieving the highest math scores in cluding cancer, diabetes, stroke, and by institutions such as the National In- the State of Maryland. mental illness. These are significant stitutes of Health, received ‘‘deemed Carroll County Youth Service Bu- health concerns facing Americans status’’ and were not subjected to addi- reau, CCYSB, provides a continuum of community-based mental health serv- today. tional review to be eligible for reim- ices for children, adults, and families As you are aware, NIH is bursement. This policy has worked well throughout Carroll County. CCYSB headquartered in Bethesda, MD, where for 7 years. more than 18,000 are employed. So it is Prior to 2000, too few seniors partici- uses a multidisciplinary approach to especially important to me, a Senator pated in clinical trials. One reason for deliver prevention, intervention and from Maryland, that we give all of this disparity was Medicare’s reim- treatment services in the least restric- these individuals the resources they bursement policy. Because Medicare tive and most cost-effective manner. Funding provided in the bill will allow need to improve and save lives through was modeled on the indemnity health CCYSB to reach more underserved pa- health research. I commend the Appro- insurance policies, it did not pay for tients in need of mental health serv- priations Committee for supporting treatment considered ‘‘experimental’’ this agency with a 3.3 percent increase ices. in nature, and so often denied reim- The bill also provides funding for to the overall NIH budget. However, if bursement for the routine patient care equipment and technology in a number we expect America to remain a leader costs associated with clinical trials. of Maryland healthcare facilities, in- in medical advancements and tech- Many seniors could not afford to pay cluding St. Agnes Hospital, Mercy Med- nologies, we must be committed to pro- these costs themselves, and so they ical Center, Northwest Hospital, Ken- viding researchers the resources they were by and large excluded from these nedy-Krieger, Lifebridge, and Holy need to move forward. I am committed trials. CMS has recently considered Cross. The technology and equipment to that goal and urge my colleagues to changing this policy, requiring trial provided will allow these facilities to remain vigilant, as well. sponsors to undergo a process certi- better detect, diagnose, and treat pa- This bill provides a $125 million in- fying that they have met 13 separate tients who suffer traumatic illnesses crease above the administration’s criteria to qualify for Medicare cov- and injuries. budget request for the Social Security erage. This new policy has the poten- I thank Senator HARKIN, Senator Administration’s, SSA, administrative tial to reverse the progress that has SPECTER, and their staffs for all of expenses and for that I am grateful. been made over the past 7 years by their hard work to develop a bill that However, that increase does not ade- making it much more difficult for addresses many other basic rights that quately address SSA’s serious backlog trials to qualify. all Americans deserve: education, em- issue. It is no secret that the Social Se- Seniors’ participation in clinical ployment, and health care. curity Administration’s resources are trials serves two vital functions. First Mr. FEINGOLD. Mr. President, today stretched thin. Disability claims are it affords many seniors with serious ill- the Senate will be voting on the fiscal arising at an alarming rate. Currently, nesses their only hope for lifesaving year 2008 Labor, Health and Human over three-quarters of a million indi- treatment. Second, it is key to re- Services, and Education appropriations viduals are waiting for a hearing deci- searchers’ efforts to determine the ef- act. I am pleased to support this bill, sion as pending hearings have in- fectiveness of therapies for seniors. which provides healthier funding levels creased to a record 752,103. Further, the Since this issue has come to light, I for our labor, health, and education time that an applicant must wait for a have heard from hundreds of patients programs for the first time in many hearing continues to rise, currently and providers across the country who years. At a time of rising poverty lev- averaging 523 days. Compounding the agree that we must continue to remove els, rising health care and heating crisis, Medicare reform legislation access barriers to innovative costs, and classrooms in desperate need passed by Congress has increased SSA’s healthcare treatments for our seniors. of funding, this bill helps promote pro- responsibilities. Field offices average Again, I thank my colleagues for their grams that offer solutions to these over 850,000 visitors a week. Meanwhile, support on this important matter. problems. SSA continues to downsize its labor The Appropriations Committee is I am pleased that the Senate adopted force. Further, we hear a lot of talk committed to funding significant pro- four amendments I worked on. One was about fraud, waste, and abuses within grams that address real issues that an amendment I cosponsored that Sen- the SSA. touch the heart and home of Ameri- ator COLLINS offered to provide much

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13240 CONGRESSIONAL RECORD — SENATE October 23, 2007 needed additional funding to improve only 8 minutes, the victim’s survival of current State health care reforms access to dental health in rural and un- rate drops by 60 percent. This is why and comment on the potential role derserved areas. Our amendment suc- early intervention is essential—a com- that Congress could take in assisting cessfully doubled the funding for the bination of CPR and use of AEDs can States with their efforts. I offered this Dental Health Improvement Act, bring- save lives. amendment along with Senators ing funding from $2 million to $4 mil- If we give people in rural commu- GRAHAM, BINGAMAN, and VOINOVICH. lion. The Collins-Feingold Dental nities a chance, they may be able to re- There is momentum in many States to Health Improvement Act authorized a verse a cardiac arrest before it takes reform the broken health care system. new State grant program that is de- another life. Unfortunately, the Presi- This study would provide an overview signed to improve access to oral health dent zeroed out the funding for the of what is working in the States and services in rural and underserved areas. Rural AED program after the program the effect of Federal laws on State States can use these grants to fund or was cut by 83 percent in fiscal year 2006 health care initiatives. In addition, the create programs tailored to State and kept at that level in fiscal year study would provide recommendations needs. For example, they can use the 2007. I am very disappointed that the on how the Federal Government could funds for loan forgiveness and repay- program was eliminated in the Presi- better work with States to further ef- ment programs for dentists practicing dent’s budget. Our rural communities forts. in underserved areas. They can also use deserve better, and I am pleased that While Congress may not be able to the grant funds to establish or expand the Senate Appropriations Committee reach consensus on how to ensure all community or school-based dental fa- recognized this by providing $3 million Americans access to health services, a cilities or to set up mobile or portable in funding for the program this year. State-based model allows consideration dental clinics. In Wisconsin, funds were That is double last year’s funding level of politically diverse solutions that used to provide children with better ac- and, while it is still much lower than I could eventually be widely applied. cess to sealants. This helps prevent fur- would like, I hope the final version of Gathering data on what works at the ther and more expensive dental work this bill includes at least that much in State level will assist Congress in look- later in life. funding. ing at broader reforms, which is why The Collins-Feingold amendment to Heart disease is not only a problem Senator GRAHAM and I have introduced increase funding for this important among adults. A few years ago I legislation, with the backing of the program will help fund additional learned the story of Adam Lemel, a 17- Brookings Institute and the Heritage State programs so that more people in year-old high school student and a star Foundation, to encourage and expand our country will have access to essen- basketball and tennis player in Wis- State efforts to extend health care cov- tial oral health care. I thank Senator consin. Tragically, during a timeout erage. while playing basketball at a neigh- COLLINS for her work on this, and also My fourth amendment directs GAO boring Milwaukee high school, Adam thank Chairman HARKIN and Senator to examine the different techniques suffered sudden cardiac arrest, and died SPECTER for their assistance in passing schools are using to prepare students before the paramedics arrived. to achieve on State standardized exams this. This story is incredibly tragic. Adam Another adopted amendment will in- as well as meet State academic stand- had his whole life ahead of him, and crease public access to automatic ex- ards. Schools in Wisconsin and around could quite possibly have been saved ternal defibrillators, or AEDs, in the country are facing their sixth year with appropriate early intervention. schools. In my home State of Wis- under No Child Left Behind, NCLB, the This story helps to underscore some consin, as in many other States, heart centerpiece of President Bush’s domes- important issues. First, although car- disease is the No. 1 killer. Cardiac ar- tic agenda, and I continue to hear diac arrest is most common among grave concerns throughout Wisconsin rest can strike anyone. Cardiac victims adults, it can occur at any age—even in about the Federal testing mandates are in a race against time, and unfortu- apparently healthy children and ado- contained in NCLB and the ongoing im- nately, for too many of them, emer- lescents. Second, early intervention is plementation problems with the law. gency medical services are unable to essential—a combination of CPR and reach people in need, and time runs out Wisconsin teachers and parents are the use of AEDs can save lives. concerned about many of the unin- for victims of cardiac arrest. After Adam Lemel suffered his car- tended consequences of NCLB, includ- Fortunately, AEDs are inexpensive diac arrest, his friend David Ellis ing the narrowing of the curriculum to and simple to operate. Because of ad- joined forces with Children’s Hospital focus on the subjects that are tested vancements in AED technology, it is of Wisconsin to initiate Project ADAM under NCLB—reading and math. As a practical to train and equip police offi- to bring CPR training and public ac- cers, teachers, and members of other cess defibrillation into schools, educate consequence of more narrowed curricu- community organizations on how to communities about preventing sudden lums, some students are experiencing use these devices. cardiac deaths and save lives. reduced class time on other important Over the past 6 years, I have worked The ADAM Act was passed into law subjects including social studies, with Senator SUSAN COLLINS on a num- in 2003, but has yet to be funded. The civics, geography, science, art, music, ber of initiatives to empower commu- ADAM Act is one way we can honor the and physical education. I have also nities to improve cardiac arrest sur- life of children like Adam Lemel, and heard numerous concerns that students vival rates. We have pushed Congress give tomorrow’s pediatric cardiac ar- are being drilled in reading and math to support first responders—local po- rest victims a chance at life. in order to boost performance on these lice and fire and rescue services—in The Feingold-Collins amendment standardized tests, which may not be their efforts to provide early provides modest funding for this act the best measure of students’ higher defibrillation. Congress heard our call, just $200,000. This funding, while not order thinking skills. Many Wisconsin- and responded by enacting two of our much in the grand scheme of the Fed- ites are concerned that rote drill exer- bills, the Rural Access to Emergency eral budget, will help jump start this cises in reading and math take the joy Devices Act and the ADAM Act. valuable program. This amendment as out of learning for students and have The Rural Access to Emergency De- drafted would be funded through the called for a reexamination of NCLB vices program allows community part- Rural AED line; however, I am pleased policies to ensure that a diverse and nerships across the country to receive that the managers share my goal of not high-quality curriculum is taught in a grant enabling them to purchase taking away any of the already limited all of our Nation’s schools. defibrillators, and receive the training Rural AED funding and are looking for I voted against NCLB in large part needed to use these devices. Approxi- additional ways to fund the ADAM Act. because of its Federal testing mandate mately 95 percent of sudden cardiac ar- I am pleased that our amendment and the potential ramifications of the rest victims die before reaching the passed the Senate by unanimous con- primary focus on test scores in order to hospital. With every minute that sent and I urge the conferees to main- determine adequate yearly progress in passes before a cardiac arrest victim is tain this small but important program. our schools. I also remain deeply con- defibrillated, the chance of survival My third amendment that passed re- cerned that NCLB’s testing and sanc- falls by as much as 10 percent. After quires GAO to conduct an assessment tions approach has forced some

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13241 schools, particularly those in our inner with the design of this Upward Bound The amendment was ordered to be cities and rural areas, to become places evaluation. I am pleased the Senate engrossed and the bill to be read a where students are not taught, but are recognized that the ongoing evaluation third time. drilled with workbooks and test taking is troublesome and agreed to prohibit The bill was read the third time. strategies, while in wealthy suburban funding for it until Congress can reex- Mr. HARKIN. Mr. President, we have schools, these tests do not greatly im- amine the Upward Bound evaluation as had a very productive 5 days of debate pact school curriculums rich in social part of the ongoing HEA reauthoriza- on the fiscal year 2008 appropriations studies, civics, arts, music, and other tion. bill for Labor, Health and Human Serv- important subjects. I am pleased that my colleagues sup- ices, Education, and related agencies. I I do not necessarily oppose the use of ported all of my amendments and ac- would like to again thank the ranking standardized testing in our Nation’s cepted them. I thank Chairman HARKIN member, Senator ARLEN SPECTER, for schools. I agree that some tests are and Senator SPECTER for their assist- his leadership and partnership in help- needed to ensure that our children are ance and support with these amend- ing to shape this bipartisanship bill. keeping pace and that schools, dis- ments. I would also like to take this oppor- tricts, and States are held accountable I would also like to comment briefly tunity to thank the subcommittee staff for closing the persistent achievement on an amendment that the Senator for the long hours and hard work they gap that continues to exist among dif- from Colorado, Mr. WAYNE ALLARD, put into it. On the Democratic side, I ferent groups of students, including brought to a vote. This amendment thank Ellen Murray, Lisa Bernhardt, among students in Wisconsin. But the would have redirected funds from pro- Teri Curtin, Erik Tatemi, Adrienne Federal one-size-fits-all testing and grams deemed ineffective by the Pro- Hallet, and Mark Laisch. On the Re- punishment approach that NCLB takes gram Assessment Rating Tool, or publican side, I thank Bettilou Taylor, is not providing an equal education for PART. This program was enacted into Sudip Parikh, and Jeff Kratz. These all, eradicating the achievement gap law as part of the Government Per- staff members set a very high standard that exists in our country or ensuring formance Results Act and is intended of professionalism, excellence, and in- that each student reaches his or her to better target Government dollars to tegrity, and we are very fortunate to full potential. the most efficient programs. Senator have people of this caliber in public My amendment calls on GAO to ex- ALLARD’s amendment would have cut service. amine how the use of different prepara- the programs considered ineffective by Mr. President, we are just minutes tion techniques varies based on the de- PART by 10 percent, and then sent away from the vote on final passage of mographic characteristics of schools, these dollars to the Federal deficit. the bill. I want to emphasize that this including the concentration of poverty I share Senator ALLARD’s goals of ef- is an overwhelmingly bipartisan bill at schools, whether schools are located ficient Government spending and re- that meets the priorities of members in a rural, suburban, or urban environ- ducing the deficit; however, I have on both sides of the aisle. Senator ment, and whether schools have been some concerns about the standards for ARLEN SPECTER and I produced a bill identified for improvement under evaluating Government programs in that passed in committee with the sup- NCLB. It is my hope that Congress will PART. There are several programs that port of 14 of 15 Democrats and 12 of 14 Republicans. This bill funds the most receive concrete data on how the stu- are making a big, positive difference in essential, life-supporting and lifesaving dent preparation varies among dif- communities, that score poorly on the services for millions of people in this ferent types of schools so that we can assessment. Some of these programs I country. It reflects the values and pri- get a better sense of how NCLB is im- have supported for years, such as rural health programs, and various higher orities of the American people. pacting our Nation’s schools. The education programs. I think it is im- As I have said before, it is regrettable disaggregation element of this GAO portant to examine this tool more that, even before we brought this bill study should better help us determine closely and see if there is a way to im- to the floor last week, President Bush whether various preparation tech- prove the assessment before cutting threatened to veto it because it in- niques, including commercial test these programs. For this reason, I op- cluded a provision to expand embryonic preparation programs and narrowing of posed this amendment, which would stem cell research, and because it in- the curriculum, are correlated with have had far-reaching implications. cludes $11 billion in funding above what certain school demographics. I was pleased to support final passage he requested. I was also pleased to cosponsor an of this bill which provides essential We have done our very best to accom- amendment from my colleague, Sen- funding for education, health care, and modate the President, and to produce a ator BROWN of Ohio, to prohibit the De- job training programs. Many of these bill that he can sign. To that end, we partment of Education from continuing programs have seen drastic cuts over removed the stem cell provision from its problematic evaluation of the Up- the past 6 years and I am happy that the bill before bringing it to the floor. ward Bound program until Congress we have been able to more adequately This is a core priority for me, for Sen- has a chance to examine this policy as fund these programs in this bill. I am ator SPECTER, and for many other Sen- part of the Higher Education Act, HEA, disappointed that the President con- ators. But we took it out of the bill in reauthorization. I have been a strong tinues to say that he will veto this bill order to meet the President halfway. I supporter of the TRIO Upward Bound and I hope that he will reconsider in remain hopeful that, in turn, he will program for many years and continu- the coming days. Too many Americans meet us halfway, and join us in this ously hear about the benefits it pro- are depending on the employment, spirit of bipartisan compromise. vides to Wisconsin students entering health care, and education services I am an optimist, and I hold out hope college, particularly first-generation provided in this legislation and they that, if the President examines the college students. are the ones who will be negatively im- substance of this bill, he will see that Because of my strong support for Up- pacted if the President follows through the additional funding above his budget ward Bound, I continue to be concerned on his veto threat. Much more remains request goes to essential programs and about the Department of Education’s to be done to correct the inadequate services that have been shortchanged evaluation of Upward Bound, including funding for these programs in recent in recent years. the mandate that colleges had to re- years, but this bill is a step in the right President Kennedy said that ‘‘to gov- cruit more students than they can direction. ern is to choose.’’ The President has serve under the Upward Bound pro- The PRESIDING OFFICER. Under made his choices. But, under the Con- gram. I agree that Upward Bound, like the previous order, the substitute, as stitution, Congress also gets to choose. other Federal programs, needs to be amended, is agreed to. And, in this bill, we have made the evaluated to ensure Federal dollars are The amendment (No. 3325), as amend- right choices. Let me cite just a few ex- being spent wisely and effectively. But ed, was agreed to. amples: the Federal Government has a duty to The PRESIDING OFFICER. The The President is requesting that we design responsible evaluations of Fed- question is on the engrossment of the cut the National Institutes of Health— eral programs, and I do not think the amendment and third reading of the research into cancer, diabetes, Alz- Department fulfilled that obligation bill. heimer’s and other diseases—by $279

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13242 CONGRESSIONAL RECORD — SENATE October 23, 2007 million. In this bill, we increase fund- The PRESIDING OFFICER. The yeas Mr. REED, Mr. LAUTENBERG, Mr. BYRD, ing for NIH by $1 billion. and nays have been requested. Is there Mr. SPECTER, Mr. COCHRAN, Mr. GREGG, The President requests that we re- a sufficient second? Mr. CRAIG, Mrs. HUTCHISON, Mr. STE- duce the Head Start program by $100 There is a sufficient second. VENS, Mr. SHELBY, and Mr. DOMENICI million, which would cut tens of thou- The clerk will call the roll. conferees on the part of the Senate. sands of children from the Head Start The assistant legislative clerk called f roles. This bill increases funding for the roll. Head Start by a modest $200 million. Mr. DURBIN. I announce that the EXECUTIVE SESSION Despite predictions of record energy Senator from Delaware (Mr. BIDEN), prices this winter, Mr. Bush requests the Senator from New York (Mrs. CLIN- NOMINATION OF LESLIE SOUTH- that we cut the Low Income Home En- TON), the Senator from Connecticut WICK TO BE U.S. CIRCUIT JUDGE ergy Assistance Program for poor peo- (Mr. DODD), the Senator from Massa- FOR THE FIFTH CIRCUIT ple by $379 million. In this bill, we chusetts (Mr. KENNEDY), and the Sen- maintain LIHEAP funding at last ator from Illinois (Mr. OBAMA) are nec- The PRESIDING OFFICER (Mr. year’s level. essarily absent. SALAZAR). Under the previous order, Mr. Bush requests that we eliminate I further announce that, if present the Senate will go into executive ses- the community services block grant, and voting, the Senator from Massa- sion and the clerk will report the nomi- the safety net that includes job train- chusetts (Mr. KENNEDY) would vote nation. ing, housing, and emergency food as- ‘‘yea.’’ The legislative clerk read the nomi- sistance. In this bill, we increase the Mr. LOTT. The following Senator is nation of Leslie Southwick, of Mis- community service block grant by a necessarily absent: the Senator from sissippi, to be United States Circuit modest $40 million. Arizona (Mr. MCCAIN). Judge for the Fifth Circuit. In each of these program areas, the The PRESIDING OFFICER. Are there The PRESIDING OFFICER. The Re- bill includes modest, reasonable in- any other Senators in the Chamber de- publican leader. creases in order to keep pace with in- siring to vote? CLOTURE MOTION flation or to prevent significant cuts in The result was announced—yeas 75, Mr. MCCONNELL. Mr. President, I essential services. This remains a bare- nays 19, as follows: send a cloture petition to the desk. bones, no-frills bill that conforms to a [Rollcall Vote No. 391 Leg.] The PRESIDING OFFICER. The very conservative budget allocation. clerk will report. For 5 years, Congress has appro- YEAS—75 The legislative clerk read as follows: priated countless billions of U.S. tax- Akaka Feingold Murkowski payer dollars for schools, job programs, Alexander Feinstein Murray CLOTURE MOTION Baucus Grassley Nelson (FL) We, the undersigned Senators, in accord- hospitals, and human services in Iraq. Bayh Hagel Nelson (NE) Democrats and Republicans on the ance with the provisions of rule XXII of the Bennett Harkin Pryor Standing Rules of the Senate, do hereby Bingaman Hatch Reed committee agree that it’s time to look move to bring to a close debate on Executive after those same needs in this country. Bond Hutchison Reid Boxer Inouye Roberts Calendar No. 291, the nomination of Leslie And that is exactly what we do in this Brown Isakson Rockefeller Southwick, of Mississippi, to be United bill. Byrd Johnson Salazar States Circuit Judge for the Fifth Circuit. As I said, we tried hard to accommo- Cantwell Kerry Sanders Mitch McConnell, Arlen Specter, Wayne date the President’s concerns. There Cardin Klobuchar Schumer Allard, Johnny Isakson, Richard Burr, Carper Kohl Shelby Norm Coleman, David Vitter, Kay Bai- has been so much division and par- Casey Landrieu Smith tisanship in Washington in recent Chambliss Lautenberg Snowe ley Hutchison, George V. Voinovich, months. This bill offers a great oppor- Cochran Leahy Specter John Thune, Jim DeMint, Tom Coburn, tunity for Congress and the President Coleman Levin Stabenow Michael B. Enzi, Elizabeth Dole, Jeff Collins Lieberman Stevens Sessions, Jim Bunning, John Barrasso, to show the American people that we Conrad Lincoln Sununu Trent Lott, Thad Cochran. can resolve our differences with com- Craig Lott Tester promise and bipartisan goodwill. We Crapo Lugar Voinovich The PRESIDING OFFICER. Who Dole McCaskill Warner yields time? have met the President halfway—in my Domenici McConnell Webb opinion, more than halfway. Now it is The Senator from Vermont. Dorgan Menendez Whitehouse Mr. LEAHY. I suggest the absence of time for him to respond in kind, and to Durbin Mikulski Wyden a quorum. rescind his veto threat. NAYS—19 It is important that we send a strong, The PRESIDING OFFICER. The Allard Cornyn Kyl bipartisan message to the American clerk will call the roll. Barrasso DeMint Martinez The assistant legislative clerk pro- people that, at a time when we are Brownback Ensign Sessions spending enormous sums on wars in Bunning Enzi Thune ceeded to call the roll. Iraq and Afghanistan, we will not ne- Burr Graham Vitter Mr. LEAHY. I ask unanimous con- Coburn Gregg sent that the order for the quorum call glect or shortchange essential, life- Corker Inhofe saving, and life-supporting programs be rescinded. NOT VOTING—6 and services here at home. I urge my The PRESIDING OFFICER. Without colleagues to vote yes on this impor- Biden Dodd McCain objection, it is so ordered. Clinton Kennedy Obama tant bill. And I urge the President to Mr. LEAHY. Mr. President, today, join us in supporting this bipartisan The bill (H.R. 3043), as amended, was the Senate considers the controversial bill. passed. nomination of Leslie Southwick to the I know Senators are eager to vote (The bill will be printed in a future United States Circuit Court of Appeals and go home. I just want to thank all edition of the RECORD.) for the Fifth Circuit. Unlike so many of the Senators for their many Mr. LEAHY. Mr. President, I move to of President Clinton’s nominees, Mr. kindnesses and their courtesies in reconsider the vote. Southwick was accorded a hearing on bringing this bill to a close. It was 5 Mr. HARKIN. I move to lay that mo- his nomination. days, but it was 5 days of good debate tion on the table. I refused to ambush Leslie Southwick and good amendments. We have a The motion to lay on the table was the way Republicans ambushed Ronnie strong bipartisan bill. I hope we will agreed to. White in 1999. Thus, despite my opposi- pass it with a strong bipartisan vote, The PRESIDING OFFICER. The Sen- tion to this nomination, I made sure go to conference, and get it to the ate insists on its amendment and re- that Mr. Southwick was treated fairly President’s desk as soon as possible. quests a conference with the House, and that his nomination was debated The PRESIDING OFFICER. The bill and the Chair appoints the following and voted upon by the Judiciary Com- having been read the third time, the conferees. mittee. The process has been open and questions is, Shall the bill pass? The Presiding Officer appointed Mr. fair and the rights of every Senator Mr. HARKIN. Mr. President, I ask for HARKIN, Mr. INOUYE, Mr. KOHL, Mrs. Democratic or Republican have been the yeas and nays. MURRAY, Ms. LANDRIEU, Mr. DURBIN, respected.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13243 During the Clinton administration, conclusion, the opinion he joined find- The dissenting judge criticized Judge several outstanding nominees to the ing that the racial slur was ‘‘not moti- Southwick’s opinion for accepting a Fifth Circuit were pocket filibustered vated out of racial hatred or animosity strike which ‘‘on its face appears successfully by the Republicans. They directed at her co-worker or toward geared toward a racially identifiable included Judge Jorge Rangel of Texas, blacks in general, but was, rather, in- group.’’ In another case involving jury Enrique Moreno of Texas, and Alston tended to be a shorthand description of discrimination, Bumphis v. State, 1996, Johnson of Louisiana. They were pock- her perception of the relationship ex- three judges criticized Judge et filibustered without a hearing or isting between the [co-]worker and [a] Southwick’s majority opinion for ‘‘es- committee consideration. DHS supervisor.’’ tablishing one level of obligation for This is a seat on the Fifth Circuit In dissent, two judges criticized this the state, and a higher one for defend- that would have been filled long ago opinion for presenting a ‘‘sanitized ants on an identical issue.’’ but for a series of troubling nomina- version’’ of the facts and for suggesting His legal writing also points to a nar- tions. In the last Congress, President that ‘‘absent evidence of a near race row view of the role of the Federal Bush nominated Michael Wallace to riot, the remark is too inconsequential courts in upholding protections against this seat, the first circuit court nomi- to serve as a basis of dismissal.’’ The race discrimination. In one article, he nation since 1982 to receive a unani- dissent found that this racial epithet is found ‘‘compelling’’ a statement of a mous rating of ‘‘not qualified’’ from ‘‘inherently offensive, and [its] use es- Mississippi Supreme Court Justice that the American Bar Association. tablishes the intent to offend.’’ The ‘‘the judiciary is not the avenue to ef- This is the seat to which President dissent was right. fectuate the removal of the Confed- Bush had previously used a recess ap- In my view, the Mississippi Supreme erate battle flag from public property.’’ pointment to put Charles Pickering on Court did the right thing in reversing I have questions whether he would be the bench, after his nomination was that decision and I commend them. balanced in protecting the rights of voted down by the Judiciary Com- There is no place for ‘‘the n word’’ in employees given the overwhelming mittee in 2002. President Bush an- the workplace or in use by a supervisor number of cases 160 out of 180 written nounced that appointment, as I recall, to and about an employee. None. Just decisions—in which he has offered a on the Martin Luther King Jr. holiday as there is no place for it in this body narrow interpretation of the law to weekend in 2004, despite the significant or anywhere else. I am not naive favor protecting business and corporate concerns and open debate about that enough not to know the word is used in interests at the expense of the rights of controversial nomination. parts of America, but it should be con- workers and consumers. Those concerns included Judge demned by all wherever it is used, and In one 1999 case, Dubard v. Biloxi, Pickering’s intervention with the De- it certainly is by me. H.M.A., Judge Southwick authored a partment of Justice in an attempt to If, as Mr. Southwick now says, his dissent expressing the virtues of a legal get the sentence of a convicted cross view of the Richmond case was the nar- doctrine that would allow employers to burner reduced. row, technical, legalistic one that he fire employees for any reason, even The nomination we consider today now says justifies his providing the de- though such an analysis was not rel- has engendered significant opposition. ciding vote to the majority opinion, he evant in the case before him. Those opposing this nomination in- could have said so back then, in a sepa- My concerns about his bias are clude: the Leadership Conference on rate opinion. heightened by a law review article he Civil Rights, the Human Rights Cam- He could have noted that he felt such wrote characterizing litigation against paign, the Mississippi State Conference use of ‘‘the n word’’ was inexcusable, tobacco companies led by former Mis- of the NAACP, the NAACP Legal De- but that he felt constrained by his lim- sissippi Attorney General Michael fense Fund, Lambda Legal, the Na- ited role on appeal to apply a standard Moore as destabilizing and posing sepa- tional Employment Lawyers Associa- of review that compelled him to re- ration of powers concerns. tion, the Magnolia Bar Association, the verse Judge Graves of the Circuit Court As I said in opposing this nomination National Organization of Women, the and reaffirm the Employee Appeals in committee, this is not a decision I National Urban League, the AFL–CIO, Board’s reinstatement of the offending come to lightly. I take seriously the the Congressional Black Caucus, and supervisor with back pay. That is not strong support of Senator COCHRAN and many more. what he did, however. Senator LOTT whom I respect, and I A number of members of the Judici- In the face of a cogent dissent, he have expressed my concerns directly to ary Committee spoke eloquently about provided the deciding vote to uphold them as well as to the White House. their concerns and doubts during com- the decision excusing that remark. I also take seriously Mr. Southwick’s mittee consideration on August 2. Likewise I am troubled by Judge answers to my questions and to those I have given careful consideration to Southwick’s actions in S.B. v. L.W, in of others in connection with his hear- Mr. Southwick’s record. Many share which he voted to uphold a decision ing. I was glad to see that he now ac- with me my concern about Judge taking an 8-year-old child away from knowledged the offensiveness of the ra- Southwick’s deciding vote in Richmond her biological mother due to her moth- cial epithet used in the Richmond case v. Mississippi Department of Human er’s sexual orientation and the fact and also that human rights law has Services, 1998. This decision reinstated that she was living with a female part- evolved since 2001 when he joined the a white state social worker who had ner. decision in the child custody case. been fired for using a racial epithet My concern is not just that Judge Still, I share the deep disappoint- what has come to be known Southwick joined the majority opinion ment of members of the African-Amer- colloquially as ‘‘the n word’’ in refer- but that he went out of his way to sign ican and civil rights communities that ring to an African-American coworker on to a concurring opinion that sug- this administration continues to re- during a meeting with high-level com- gested that sexual orientation is an in- nege on a reported commitment to ap- pany officials. dividual ‘‘choice’’ and an individual point an African American to the Mis- That epithet was called by one Fifth must accept that losing the right of sissippi Federal bench. Circuit opinion ‘‘a universally recog- custody over one’s child is one of the In more than 6 years, President Bush nized opprobrium, stigmatizing Afri- ‘‘consequences flowing from the free has failed to do so. He has appointed can-Americans because of their race.’’ exercise of such choice.’’ only 20 African-American judges to the Yet the hearing officer at her appeal I also have concerns about his ap- Federal bench, compared to 52 African- before the State Employee Appeals proach in some cases involving allega- American judges appointed by Presi- Board suggested that the use of the ra- tions of race discrimination in jury se- dent Clinton in his first 6 years in of- cial slur ‘‘was in effect calling the indi- lection, such as his opinion in a 1997 fice. vidual a ’teacher’s pet.’’’ I am not sure case, Brock v. Mississippi upholding a With an ever-growing number of out- any African American would consider criminal conviction where the prosecu- standing African-American lawyers in it being called a ‘‘teacher’s pet.’’ tion struck an African-American juror, Mississippi, the State with the highest Judge Southwick provided the decid- purportedly because he lived in a high percentage of African Americans in the ing vote to uphold the hearing officer’s crime area. country, it is not as if there is a dearth

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13244 CONGRESSIONAL RECORD — SENATE October 23, 2007 of qualified candidates. Nonetheless, In Richmond v. Mississippi Dep’t of Human His record also shows a troubling tend- President Bush has now submitted 10 Services, Judge Southwick joined a 5–4 rul- ency, in state employment law and tort nominees to the Federal bench in Mis- ing upholding the full reinstatement order of cases, to favor business and insurance inter- sissippi, seven at the district level and the state’s Employee Appeals Board (EAB) of ests over injured parties. He did so in 160 out a white state social worker who had been of 180 such published cases in . which at least three to the United States Court of Ap- fired for calling an African-American co- one judge dissented, giving him an 89 percent peals for the Fifth Circuit, and none of worker ‘‘a good ole nigger.’’ The ruling he pro-business voting record. these nominees has been African Amer- joined had declared that, taken in context, When asked by Senator Durbin (D- IL) dur- ican. this slur was an insufficient ground to termi- ing live questioning at his hearing if he Our Nation’s diversity is one of its nate the white plaintiffs employment in part could think of one example of an unpopular greatest strengths, and I am dis- because it ‘‘was not motivated out of racial decision he made in favor of the powerless, appointed that the President has hatred or racial animosity directed toward a the poor, minorities, or the dispossessed, Judge Southwick responded that he could missed yet another opportunity to re- particular co-worker or toward blacks in general.’’ Moreover, the EAB decision upheld not. In response to a follow-up written ques- flect this great strength in our Federal by the Court of Appeals decision trivialized tion posed by Senator Durbin, Judge South- courts. Many of us believe that diver- the use of the words ‘‘good ole nigger’’ by wick indicated that he could not find a sin- sity makes America what it is. It is the comparing them to the expression ‘‘teacher’s gle nonunanimous case, of the more than diversity in our States, our courts, this pet.’’ The Court of Appeals did nothing to 7000 opinions that he wrote or joined, in body, and our families that makes us distance itself from this aspect of the EAB which he voted in favor of a civil rights stronger. decision. plaintiff or wrote a dissent on behalf of a When viewed against his record on The reasoning offered by Judge Southwick plaintiff. Given the tremendous impact that federal the bench, the importance of this seat and his colleagues in the majority is nothing short of baffling. As two dissenters in the 5– judges have on civil rights and liberties, and on the Fifth Circuit, and the troubling 4 decision rightfully pointed out: ‘‘The word because of the lifetime nature of federal lack of diversity on that court, I am ’nigger’ is, and has always been, offensive. judgeships, no judge should be confirmed un- not convinced that he is the right Search high and low, you will not find any less he or she demonstrates a solid commit- nominee for this vacancy at this time. nonoffensive definition for this term. There ment to protecting the rights of all Ameri- I shall vote no on cloture and, if it is are some words, which by their nature and cans. Because Judge Southwick has failed to invoked, no on this nomination. definition are so inherently offensive, that meet this burden, we urge senators to vote their use establishes the intent to offend.’’ no on cloture on the nomination. I ask unanimous consent that letters Thank you for your consideration. If you of opposition and others be printed in Fortunately the Supreme Court of Mis- sissippi reversed the decision, stating that have any questions, please contact Nancy the RECORD. the EAB should not simply be upheld, but Zirkin, Vice President and Director of Public There being no objection, the mate- rather that the matter should be remanded Policy, at 202–263–2880, or Paul Edenfield, rial was ordered to be printed in the to the EAB for consideration of whether full Counsel and Policy Analyst, at 202–263–2852. RECORD, as follows: reinstatement was truly justified under the Sincerely, WADE HENDERSON, LANGROCK SPERRY & WOOL, LLP, circumstances or whether some other pen- Middlebury, VT, June 5, 2007. alty short of discharge might be appropriate. President & CEO. NANCY ZIRKIN, Hon. PATRICK J. LEAHY, In another case, S.B. v. L.W., Judge South- Senate Russell Office Building, wick joined an opinion that upheld the re- Vice President, Direc- Washington, DC. moval of an eight-year-old girl from the cus- tor of Public Policy. DEAR PAT: I understand the nomination of tody of her bisexual mother. In addition to Leslie Southwick to the 5th Circuit Court of joining the majority opinion, he was the lone HUMAN RIGHTS CAMPAIGN, Appeals is coming up for a vote this Thurs- judge to join a colleague’s gratuitously anti- Washington, DC, May 23, 2007. DEAR MEMBERS OF THE COMMITTEE ON THE day. The little I know about Judge South- gay concurring opinion. The concurrence ar- JUDICIARY: I am writing on behalf of the wick absolutely frightens me. His attitude gued the ‘‘choice’’ to engage in homosex- Human Rights Campaign and our 700,000 towards lesbian parents is just totally incon- uality comes with consequences, up to and members and supporters to oppose the nomi- sistent with Vermont philosophy and with including the consideration of ‘‘the homo- nation of Leslie Southwick to the United respect for human dignity. I also understand sexual lifestyle’’ as a determining factor in States Court of Appeals for the Fifth Circuit. he has been involved in some cases which child custody cases. The views expressed in As a Mississippi Judge, Southwick dem- would indicate insensitivity to African the concurring opinion raise doubts about onstrated a serious lack of understanding of Americans. I would certainly hope that your Judge Southwick’s interest in ruling fairly gay people and families. His statements dur- Committee does not approve him. in cases that involve the civil rights of gays ing his hearing before this Committee and and lesbians. Sincerely yours, his written responses to your questions do PETER F. LANGROCK. In Dubard v. Biloxi, H.M.A., Judge South- wick wrote a dissenting opinion in which he not satisfy us that his positions have evolved nor that he would fairly judge cases involv- LEADERSHIP CONFERENCE extolled the virtues of employment-at-will, a ing the rights of gay, lesbian, bisexual, and ON CIVIL RIGHTS, doctrine that provides that employers should transgender (‘‘GLBT’’) Americans. Washington, DC, October 23, 2007. be able to fire employees for virtually any During his tenure on the Mississippi Court DEAR SENATOR: On behalf of the Leadership reason, even though his analysis was not rel- of Appeals, Judge Southwick (now in private Conference on Civil Rights (LCCR), the na- evant to reaching a decision in the case. He practice) participated in a custody case in- tion’s oldest, largest, and most diverse civil wrote that ‘‘I find that employment at will, volving a lesbian mother. The majority deci- and human rights coalition, we write to ex- for whatever flaws a specific application may sion, which Southwick joined, took an eight- press our opposition to the confirmation of cause, is not only the law of Mississippi but year-old child from the mother, citing in Leslie H. Southwick, a former Mississippi it provides the best balance of the competing part that the mother had a ‘‘lesbian home.’’ Court of Appeals judge, to the United States interests in the normal employment situa- The opinion further denigrates what it calls Court of Appeals for the Fifth Circuit. His tion. It has often been said about democracy, the ‘‘homosexual lifestyle’’ and the ‘‘lesbian record raises too many questions about his that it does not provide a perfect system of lifestyle.’’ commitment to civil and human rights for government, but just a better one than ev- More disturbingly, Judge Southwick joined him to be entrusted with a lifetime appoint- erything else that has ever been suggested. a concurrence written by Judge Payne—com- ment to the federal judiciary. We urge you to An equivalent view might be seen as the jus- pletely unnecessary to effectuate the re- vote no on cloture on the Southwick nomi- tification for employment at will.’’ His gra- sult—that emphasized Mississippi’s public nation. tuitous comments raise questions about his policy against lesbian and gay parents (using The federal courts of appeal are the courts ability to separate his own views from his only the term ‘‘homosexuals’’). Judge South- of last resort in most federal cases. More- duty to follow the law in labor and employ- wick was the only judge in the majority to over, the Fifth Circuit has the highest per- ment cases. join Judge Payne’s concurrence, which is rife centage of minority residents of all the fed- Judge Southwick also has a poor record in with misconceptions and biases. eral circuits, making Judge Southwick’s cases involving race discrimination in jury The concurrence does not even refer to gay record on matters of civil rights particularly selection. He has routinely rejected defense individuals, but rather focuses on ‘‘the prac- important. Unfortunately, Judge South- claims that prosecutors struck African- tice of homosexuality.’’ It then cites Mis- wick’s decisions as a state court judge, along American jurors based on race. At the same sissippi’s law prohibiting same-sex couples with his hearing testimony, indicate that he time, however, he has usually upheld allega- from adopting children—even though this favors the interests of the powerful over the tions by prosecutors that defendants tried to was not an adoption case, but rather a case interests of minorities, working people, and strike white jurors on the basis of race. One regarding a biological mother’s right to re- others who depend on judges to stand up for of Judge Southwick’s own colleagues, in re- tain custody of her child. The opinion even them. This record warrants the rejection of sponse, accused him of ‘‘establishing one goes so far as to cite the state’s sodomy law Judge Southwick’s nomination to the Fifth level of obligation for the State, and a higher (subsequently invalidated by the Supreme Circuit. one for defendants on an identical issue.’’ Court’s decision in Lawrence v. Texas).

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13245 Perhaps most troublingly, the concurrence ference of the NAACP is strongly opposed to sequential to serve as a basis for dismissal. states that even if the mother’s sexual acts the nomination of Leslie Southwick to the Such a view requires a level of myopia incon- are her choice, she must accept the fact that Fifth Circuit Court of Appeals. sistent with the facts and reason.’’ Indeed, losing her child is a possible consequence of As you are well aware, previous nomina- the Mississippi Supreme Court unanimously that ‘‘choice.’’ This statement underscores tions to this particular seat on the Fifth Cir- reserved the ruling joined by Southwick to Judge Southwick’s disregard for commonly cuit have raised serious civil rights prob- uphold the reinstatement of the white em- accepted psychiatric and social science con- lems. In reviewing this history, we cannot ployee. clusions. The American Psychological Asso- help but conclude that this Administration Additionally, we are disturbed by Judge ciation (APA) has made clear that sexual is determined to place a person hostile to Southwick’s rulings on race discrimination orientation is not a choice. The APA, along civil rights in the Mississippi seat on the in jury selection. Dozens of such cases reveal with every other credible psychological and Fifth Circuit. Judge Charles Pickering was a pattern by which Southwick rejects claims child welfare group, has also concluded that nominated in 2001. The Senate refused to that the prosecution was racially motivated lesbian and gay people are equally successful confirm him, largely based on his civil rights in striking African-American jurors while parents as their heterosexual counterparts. record. President Bush then nominated Mi- upholding claims that the defense struck This disregard for widely accepted social chael Wallace to the same seat. The Amer- white jurors on the basis of their race. In science conclusions has ramifications not ican Bar Association found Mr. Wallace to be Bumphis v. State, an appellate colleague ac- only for cases involving gay and lesbian peo- ‘‘unqualified,’’ due to his judicial tempera- cused Southwick of ‘‘establishing one level ple, but also in any case where respect for ment regarding civil rights issues. Wallace of obligation for the State, and a higher one science comes into play—whether this in- withdrew his nomination at the end of 2006. for defendants on an identical issue.’’ volves reproductive choice, people with dis- Now, President Bush has named yet a third Finally, on issues affecting workers, con- abilities, environmental studies, to name a nominee with a troubling civil rights record. sumers and personal injury victims, Judge few. We note that the Southwick nomination Southwick rules overwhelmingly in favor of No parent should face the loss of a child does nothing to ameliorate the egregious employers and corporations. We question his simply because of who they are. If he be- problem with the lack of diversity on Mis- ability to be a fair and impartial decision- lieves that losing a child is an acceptable sissippi’s federal bench. Mississippi has the maker in these cases as well. Mississippians ‘‘consequence’’ of being gay, Judge South- highest African-American population of any need to be confident that they will receive wick cannot be given the responsibility to state (36%). Yet there has never been an Af- equal justice before the federal courts. protect the basic rights of gay and lesbian rican American appointed to represent Mis- Respectfully yours, Americans. sissippi on the Fifth Circuit. African-Amer- DERRICK JOHNSON, When questioned before this Committee ican representation on the federal district President. about why he joined this offensive concur- court in Mississippi has been limited to one rence, Southwick gave the unsatisfactory re- judge, Judge Henry Wingate, appointed over CONGRESSIONAL BLACK CAUCUS, sponse that he did not write it. He further twenty years ago. In his two terms, Presi- Washington, DC, June 6, 2007. stated that the concurrence reflected Mis- dent Bush has made ten nominations to the Hon. PATRICK J. LEAHY, sissippi’s public policy, but did not indicate federal bench in Mississippi—district and ap- Russell Senate Office Building, why he joined the concurrence that his col- pellate. None were African American. This is Washington, DC. leagues deemed unnecessary. He did not dis- extremely disturbing to many Mississip- Hon. ARLEN SPECTER, tance himself from the concurrence or the pians, who believe the State should be fairly Hart Senate Office Building, language that it contains. represented on the federal bench. Washington, DC. In his written responses to questions about The civil rights record of Judge Southwick DEAR MR. LEAHY AND MR. SPECTER: We this case and about the rights of gay and les- on the Mississippi Court of Appeals gives us write to be clear concerning the strong oppo- bian Americans, Southwick did not provide great pause. We are deeply troubled by his sition of the Congressional Black Caucus to adequate reassurance that his position has rulings on race discrimination in the areas of moving Leslie Southwick, formerly of the changed or that his understanding has employment and jury selection. Mississippi Court of Appeals, through com- evolved. Although he repeatedly indicated Judge Southwick participated in a truly mittee for the Fifth Circuit Court of Ap- that Lawrence v. Texas is now controlling stunning decision, Richmond v. Mississippi peals. We are enclosing the press release that precedent, having overruled Bowers v. Hard- Dep’t of Human Services. He joined a ruling the Caucus issued just before Memorial Day wick, this is an insufficient answer. Although that a Mississippi state agency could not ter- recess asking that Leslie Southwick not be we are hopeful that Lawrence will bring minate an employee for using the word ‘‘nig- listed for a vote in committee. We under- about greater equality for GLBT Americans, ger’’ toward an African-American coworker. stand that, nevertheless, Mr. Southwick may Southwick’s promise to adhere to that prece- At a business conference, the white employee have a vote in committee on Thursday, June dent does not address the question of wheth- had called the black employee ‘‘a good ole 7, 2007. We are astonished that the com- er he believes that gay people should have nigger,’’ and then used the same term toward mittee would seriously consider this nomi- the same parenting rights as others. the employee the next day at the office. The nee on a circuit that hears cases affecting The United States Court of Appeals for the state agency fired the white employee. But a more Blacks and Hispanics than any circuit Fifth Circuit has historically paved the way hearing officer reinstated the employee, in the country. Mr. Southwick’s long record, for civil rights advances. We believe that finding that calling the employee ‘‘a good revealing inexcusably insensitive and hostile Judge Southwick’s nomination is incon- ole nigger’’ was equivalent to calling her views on race and on other issues that have sistent with this important legacy, and ‘‘teacher’s pet.’’ Southwick upheld the rein- directly harmed people of color, should spell would turn back the tide of progress by de- statement. the end of his consideration for the Fifth Cir- nying equal protections to GLBT Americans. The opinion endorsed by Southwick makes cuit. We therefore oppose his nomination and re- outrageous conclusions about the use of the The enclosed release mentions the most quest that you vote against his confirma- term ‘‘nigger’’ in the workplace. The opinion obvious and overt racial example, involving tion. Only a judge who has demonstrated states: ‘‘[The white employee] presented Mr. Southwick’s concurrence in Richmond v. that he can be a fair and impartial judge for proof that her remark, though undoubtedly Mississippi Department of Human Services, all Americans, regardless of their sexual ori- ill-advised and indicative of a rather remark- 1998 Miss. App. LEXIS 637 (Miss. Ct. App. entation, is entitled to confirmation on this able insensitivity on her part, was not moti- 1998), allowing the use of a racial slur that important court. For more information, vated out of racial hatred or racial animos- was unanimously overruled, but importantly please contact Senior Public Policy Advo- ity directed toward a particular co-worker or refers to many other areas of equally deep cate David Stacy at [email protected], or toward blacks in general.’’ Astonishingly, concern to us because they involved average Legal Director Lara Schwartz at the court credited the white employee’s tes- Mississippi residents who typify the Black, [email protected]. timony that her remark was intended to be Hispanic, and white residents of the Circuit. Sincerely, ‘‘a shorthand description’’ of the relation- Mr. Southwick’s record provides nothing ALLISON HERWITT, ship between an employee and a supervisor. less than a case study of a judge with a Legislative Director. Two of Southwick’s colleagues strongly closed mind and fixed far-right views. In no dissented. They stated that it ‘‘strains cre- area of law have we been able to find deci- NATIONAL ASSOCIATION FOR THE AD- dulity’’ to compare calling the employee ‘‘a sions that did not seem to be entirely pre- VANCEMENT OF COLORED PEOPLE good ole nigger’’ with ‘‘teacher’s pet.’’ The dicted by an ideological predisposition. We MISSISSIPPI STATE CONFERENCE, dissent wrote: ‘‘The word ‘nigger’ is, and has believe that the committee should be im- Jackson, MS, May 9, 2007. always been offensive. . . . There are some pressed by the frequency with which Hon. PATRICK LEAHY, words, which by their nature and definition Southwick’s opinions and concurrences have Dirksen Senate Office Building, are so inherently offensive, that their use es- been overruled. Our investigation of 10 years Washington, DC. tablishes the intent to offend. . . . The char- of Southwick decisions reveals a one-sided Hon. ARLEN SPECTER, acter of these terms is so inherently offen- animus against workers and consumers, in Dirksen Senate Office Building, sive that it is not altered by the use of modi- particular, with rulings almost always favor- Washington, DC. fiers such as ‘good ole.’ . . . [The rulings] ing business and insurance interests and al- DEAR CHAIRMAN LEAHY AND RANKING MEM- seem to suggest that absent evidence of a most never for working people and con- BER SPECTER: The Mississippi State Con- near race riot, the remark is too incon- sumers.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13246 CONGRESSIONAL RECORD — SENATE October 23, 2007 Our Caucus is most concerned about Mr. was 42, when he obtained an age waiver ner at a prominent Jackson, MS, law Southwick’s ability to afford equal justice in order to join the Army Reserve—and firm and a member of the Magnolia Bar under law in the Circuit where racial dis- in the year 2003, when he was 53 years Association, the Mississippi Women crimination has always been most pro- old, he volunteered to transfer to a line Lawyers’ Association, and a member of nounced. The Southwick decisions show a re- markable predisposition to rule for whites combat unit. He was deployed to Iraq, the Mississippi Task Force for Gender alleging improper use of peremptory chal- serving as a staff judge advocate in for- Fairness, stated this: lenges and against Blacks who make similar ward operating bases near Najaf. When I finished law school . . . I believed allegations regarding peremptory challenges. Major General Harold Cross, Judge that my chances for landing a clerkship were Nothing could be more disturbing today, Southwick’s commanding officer, said: slim because there was only one African- considering that Congress has allowed ra- This was a courageous move; as it was American Court of Appeals judge on the cially unfair mandatory minimums and sen- widely known at the time that the 155th was bench at the time and there were very few tencing guidelines to remain in tact, vir- nearly certain to mobilize for overseas duty Caucasian judges during the history of the tually destroying a generation of African in the near future. Mississippi Supreme Court or the Court of American men. Rep. BENNIE THOMPSON’s Mis- Judge Southwick was voted out of Appeals . . . who had ever hired African- sissippi constituents were profoundly and the Judiciary Committee on August 2 American law clerks. . . .While Judge South- negatively injured during Southwick’s ten- wick had many applicants to choose from, he ure in virtually every area of state law. We of this year on a bipartisan basis with saw that I was qualified for the position and ask that you avoid elevating Leslie South- a favorable recommendation. granted me the opportunity. Judge Southwick’s critics have wick to the U.S. Court of Appeals for the As a clerk, Ms. Edney observed: Fifth Circuit, where he is likely to do the pointed to only two cases—where he It did not matter the parties’ affiliation, same harm to residents of three states— was in a concurrence and did not write color or stature—what mattered was what Texas, Louisiana, as well as Mississippi. the opinions. One case involved the We want to be clear that the Congressional the law said and Judge Southwick worked issue of the punishment for someone in very hard to apply it fairly. Black Caucus could not be more troubled by Civil Service who used a very deroga- Patrick Beasley, a practicing attor- the transformation of the Fifth Circuit by tory racial term. When that case was judges that make it difficult to believe in reviewed, it was decided that since the ney in Jackson, MS, who also is Afri- the fairness, balance and openness of the ju- can American, endorsed Judge South- diciary. Five members of the CBC represent individual had made only an isolated remark, and immediately apologized, wick for his quality of being fair to mi- constituents in this circuit, the largest num- norities. Mr. Beasley wrote: ber members in anyone circuit. The Fifth that it would be excessive to fire that Circuit presides over the largest percentage person but that the penalty should be I speak from personal experience that Les- of minority residents (44%) of any circuit something less. That case was reviewed lie Southwick is a good man who has been and Mississippi has the highest African- kind to me for no ulterior reason. I am not by the Mississippi Court of Appeals on from an affluent family and have no political American population (36%) of any state in a very constricted standard as to the country. We therefore would take very ties. While I graduated in the top third of my whether the finding was arbitrary and law school class, there were many individ- seriously the reach to place yet another capricious—which is a very high stand- farright judge with offensive racial views on uals in my class with higher grade point the Fifth Circuit so late in President Bush’s ard—and that applicable standard de- averages and with family ‘‘pedigrees’’ to last term. We ask that you reject Leslie termined that firing was excessive. match. Yet, despite all of the typical re- Southwick. The case then went to the Supreme quirements for the clerkship that I lacked, Sincerely, Court of Mississippi, and it agreed with Judge Southwick gave me an opportunity. Despite [those who criticize him], Judge CAROLYN C. KILPATRICK, the appellate court’s conclusion that Chairperson, Congres- the dismissal was unwarranted. In this Southwick is a fair man and this is one of sional Black Caucus. the qualities that makes him an excellent case they said: choice for the Fifth Circuit. . . . BENNIE THOMPSON, [w]e find that the harsh penalty of dis- CBC Member—Mis- missal . . . from her employment is not war- Judge Southwick has ruled numerous sissippi. ranted under the circumstances. times in favor of workers, the so-called Mr. LEAHY. I retain the remainder Now, I emphasize that in both of little guy. of my time. these cases, Judge Southwick did not For example, in Sherwin Williams v. The PRESIDING OFFICER. The Sen- write the opinions but only concurred Brown, Judge Southwick held that a ator from Pennsylvania. in the result. While some might say it 45-year-old carpet layer was perma- Mr. SPECTER. Mr. President, I urge would have been preferable to take a nently and totally industrially disabled my colleagues to vote to cut off de- different position, in the context of de- due to an onsite injury and that the bate—that is, to invoke cloture—on the ciding some 6,000 cases and having carpet layer made reasonable efforts to pending nomination of Judge Leslie H. written some 985 opinions, that is very obtain other employment. Southwick for the U.S. Court of Ap- little to pick at. In United Methodist Senior Services peals for the Fifth Circuit and then to The second case was a matter where v. Ice, Judge Southwick affirmed the vote to confirm him. the issue of custody came up. After an award of workers’ compensation bene- Judge Southwick comes to this nomi- extensive hearing, the trial judge fits to a woman who hurt her back nation with an outstanding record. He awarded custody to the father, and while working as a certified nursing as- received his bachelor’s degree cum there was a reference to the fact that sistant, despite her first employer’s laude from Rice University and a J.D. the mother was a lesbian. Here again, claim that she exacerbated the injury from the University of Texas law the references in the opinion—again, during her subsequent employment. school in 1975. not written by Judge Southwick— In Kitchens v. Jerry Vowell Logging, He was a law clerk for Judge John might have been somewhat more sen- Judge Southwick reversed the Work- Onion, Jr., of the Texas Court of Crimi- sitive. In the overall context, it is ers’ Compensation Commission’s deci- nal Appeals. He was a law clerk for hardly the basis for denying confirma- sion that a truck driver from a logging Judge Charles Clark of the Fifth Cir- tion to Judge Southwick. company did not suffer a permanent cuit Court of Appeals. He practiced law I met with Judge Southwick at loss of wage earning capacity and re- from 1977 through 1989. He was a Dep- length, had a long talk with him about manded the case for further consider- uty Assistant Attorney General for the his approach to the judiciary, about his ation. U.S. Department of Justice, Civil Divi- legal background. He is a very mild- In McCarty Farms, Inc. v. Caprice sion, from 1989 to 1993. He has been a mannered, very temperate man, who on Banks, Judge Southwick concurred judge on the Mississippi Court of Ap- the credentials, in black and white, has with an opinion affirming the Workers’ peals, which is an intermediate court, an outstanding record and in person Compensation Commission’s award of for some 12 years. was very impressive. permanent partial disability benefits Judge Southwick has participated in It is worth noting that a number of for a woman who experienced a 70-per- about 6,000 cases and has personally au- former African-American clerks have cent industrial disability to her right thored some 985 opinions. spoken out in solid support of Judge arm and a 30-percent loss to her left. In a very remarkable move, when Southwick. Indeed, contrary to some sugges- Judge Southwick was 53 years old—he La’Verne Edney, a distinguished Af- tions, Judge Southwick has spoken out had been in the Army Reserve since he rican-American woman who is a part- in dissent in favor of workers’ rights.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13247 In Total Transportation Inc. v. In Harris v. State (a 5–4 decision), Judge time. I would hope we would have a Shores, Judge Southwick joined with Southwick dissented from the majority opin- chance— three other dissenters in a 6-to-4 deci- ion affirming a DUI conviction on the Mr. SPECTER. Mr. President, I ask grounds that the trial court erroneously al- sion, which would have upheld an Senator CARDIN, how much time would lowed the state to avoid proving all the ele- award of workers’ compensation bene- ments charged in the indictment. the Senator like? fits for a truck driver’s widow, while Mr. CARDIN. Mr. President, I will be the majority ruled in favor of the em- Mr. SPECTER. Further, Judge speaking for about 10 minutes. ployer. Southwick has voted in favor of the so- Mr. SPECTER. Mr. President, 10 min- In Burleson v. Hancock County Sher- called underdogs. The suggestion that utes to Senator CARDIN. And if Senator iff’s Department—a 6-to-3 decision— he is biased against women and homo- COCHRAN desires time: unlimited time, Judge Southwick wrote a dissent in sexuals is contradicted by a number of if he so desires. which he argued that a public em- cases: Curtis v. Curtis, Kmart Corp. v. Mr. COCHRAN. Five minutes. ployee was improperly terminated Lee, Hughey v. State of Mississippi. Mr. SPECTER. Mr. President, Sen- without sufficient due process under Again, I ask unanimous consent that a ator COCHRAN asks for 5 minutes. the U.S. Constitution, while the major- description of these cases be printed in I thank the Chair and yield the floor. ity ruled in favor of the employer. the RECORD. Mr. CARDIN. Mr. President, par- Judge Southwick has ruled in favor There being no objection, the mate- liamentary inquiry: I was under the of tort victims and against businesses rial was ordered to be printed in the impression that time was divided be- in many cases. Illustrative are RECORD, as follows: tween the proponents and opponents. Ducksworth v. Wal-Mart Stores, In Curtis v. Curtis, Judge Southwick wrote The PRESIDING OFFICER. The Sen- Breland v. Gulfside Casino Partnership, for a divided court and upheld the trial ator is correct. Martin v. BP Exploration & Oil, and court’s grant of divorce in favor of the wife Mr. SPECTER. Mr. President, may I Wilkins v. Bloodsaw. on the grounds of adultery. The dissent inquire if Senator CARDIN is speaking Mr. President, I ask unanimous con- would have reversed and remanded. in opposition? sent that a description of these cases In Kmart Corp. v. Lee, Judge Southwick Mr. CARDIN. Mr. President, I will be wrote an opinion upholding the lower court’s be printed in the RECORD. speaking in opposition to the nomina- decision to award $500,000 to a woman who tion. There being no objection, the mate- slipped on antifreeze in a Kmart. Judge rial was ordered to be printed in the Southwick sympathized with the woman, Mr. SPECTER. Mr. President, I think RECORD, as follows: stating: ‘‘Before the fall, Lee was a hard Senator CARDIN needs his time from In Ducksworth v. Wal-Mart Stores, Judge working, independent woman who was able Senator LEAHY, but I am sure there Southwick joined his colleagues in reversing to take care of many problems at the apart- would be no difficulty in having 5 min- the trial court’s directed verdict against a ment complex she managed herself.... now utes. customer who had slipped on an unknown she is unable to work a full day . . .’’ Mr. CARDIN. I understand that. I substance at a Wal-Mart. In Hughey v. State of Mississippi, Judge wonder if we would follow the normal In Breland v. Gulfside Casino Partnership, Southwick affirmed the trial court’s decision practice of allowing those in opposition Judge Southwick joined an opinion for the to disallow cross-examination as to the vic- to be able to speak in regular order court that reversed summary judgment for a tim’s sexual preference. He recognized that casino in a slip and fall action brought by a whether the victim was homosexual was not rather than having to wait for the patron who had suffered multiple injuries relevant to the defense and that such a line time. falling down the casino’s staircase. of inquiry would produce undue prejudice. Mr. SPECTER. I ask the Senator, do In Martin v. BP Exploration & Oil, Judge Mr. SPECTER. That is a very short you want to speak now? Southwick joined his colleagues in reversing Mr. CARDIN. Yes, I would prefer to statement of the qualifications of summary judgment against a plaintiff who have an opportunity to speak. Judge Southwick. I believe if Judge injured her ankle upon exiting a gas sta- Mr. SPECTER. I think that would be Southwick were under consideration tion’s restroom on an allegedly poorly con- acceptable, if it is OK with the Senator structed access ramp. for any circuit court of appeals except from California. In Wilkins v. Bloodsaw, Judge Southwick for the Fifth Circuit—which has had a joined an opinion for the court that reversed Mrs. FEINSTEIN. That is fine. history of difficulties in obtaining con- Mr. SPECTER. Mr. President, I ask a grant of summary judgment in favor of a firmation and has had an overtone of Pizza Hut, which was sued by a mother who consent that Senator CARDIN be recog- was injured when her disabled son fell as she concern about civil rights—if he were nized now and then Senator FEINSTEIN tried to help him exit the restaurant. up for any other circuit, there would be be recognized next, and if others ap- Mr. SPECTER. Judge Southwick has no hesitancy. pear, it is appropriate, as Senator voted in favor of criminal defendants This man ought to be judged on the CARDIN suggested, that we alternate. on numerous occasions, often in dis- basis of his own record and his own The PRESIDING OFFICER. The Sen- sent. I cite a series of cases: Jones v. qualifications. But he has dem- ator from Maryland. State, Parker v. State, Mills v. State, onstrated fairness and an appreciation Mr. CARDIN. I thank Senator SPEC- and Harris v. State, and ask unanimous for the rule of law and for equality re- TER for the courtesy. I notice Senator consent that a description of these gardless of race, color, creed and re- LEAHY is not on the floor, and I appre- cases be printed in the RECORD. gardless of standing and has been will- ciate my colleague from Pennsylvania There being no objection, the mate- ing to stand up for plaintiffs in tort organizing the debate on the floor. rial was ordered to be printed in the cases and defendants in criminal cases I appreciate that. RECORD, as follows: and, as stated earlier, women and those This is a unique body, the Senate of In Jones v. State (a 5–5 decision), Judge of a different choice of sexual orienta- the United States. One of our most im- Southwick dissented, arguing for reversing a tion, so that on the record he is deserv- portant responsibilities is the advice conviction because the indictment did not ing of confirmation. and consent on Presidential appoint- provide the defendant with sufficient clarity It is my hope he will be judged as an ments on the confirmation of Federal and specificity to know with certainty what individual. That is the American way. judges. The Constitution envisions that crime was being charged. By that standard, he certainly would we will use independent judgment in In Parker v. State (a 6–4 decision), Judge be confirmed. Southwick dissented (in an opinion joined by order to make these decisions. Article some of his Democratic brethren), arguing Mr. President, how much time did I III, section 2, clause 2 of the Constitu- that a murder conviction should be reversed consume in my speech? tion gives us the power to confirm Fed- because the trial judge failed to give a prop- The PRESIDING OFFICER. The Sen- eral judges. er jury instruction. ator has consumed 14 minutes. I know all of my colleagues know In Mills v. State (a 6–3 decision), Judge Mr. SPECTER. I thank the Chair. these are lifetime appointments, so Southwick dissented from the majority opin- I now yield 20 minutes to the distin- this is our one chance in order to ion affirming a drug conviction on the guished Senator from California and evaluate those who will serve as Fed- grounds that the court should not have ad- mitted a statement by the defendant’s four- then 10 minutes to the Senator from eral judges. We are talking about the year-old son, and the state failed to disclose Mississippi, Mr. LOTT. And if Senator— U.S. Court of Appeals. For most Fed- a piece of evidence against the defendant Mr. CARDIN. Mr. President, there eral cases, this will be the final deci- that it had in its possession. are still some requests on our side for sion on a case that is brought in the

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13248 CONGRESSIONAL RECORD — SENATE October 23, 2007 Federal court. Very few in percentages opinion is very offensive. It talks about There being no objection, the mate- of the cases reach the Supreme Court a homosexual lifestyle, words that I rial was ordered to be printed in the of the United States. So the Court of think we all know bring out bigotry in RECORD, as follows: Appeals is responsible for much of our our society. But Judge Southwick went J. FRANKLYN BOURNE laws in this country as far as the final further in that case. He joined a con- BAR ASSOCIATION, INC., judicial determination. curring opinion that said your sexual Upper Marlboro, MD, June 7, 2007. When I sought to become a Member orientation is a matter of choice and Re: Nomination of Leslie Southwick. of this body, I went over with the peo- any adult may choose any activity in Hon. PATRICK LEAHY, ple of Maryland the standards I would Chairman, Committee on the Judiciary, U.S. which to engage. That person is not Senate, Washington, DC. use in trying to decide whether to vote thereby relieved of the consequences of DEAR SENATOR LEAHY: The J. Franklyn to confirm a judge. I talked about judi- his or her choice. Bourne Bar Association, Inc. opposes the cial temperament and experience, but I No wonder Judge Southwick is being nomination of Leslie Southwick to the also talked about a standard that I challenged by many respected national United States Court of Appeals for the Fifth think is very important, which is a groups. Upon questioning within our Circuit. judge’s or potential judge’s passion for Established in 1977, the Bourne Bar was committee on confirmation, I didn’t formed to advance the status of African- the Constitution of this country in get a sense that there was a retraction American attorneys who work and/or live in order to protect every individual. I by Judge Southwick of these decisions. Montgomery and Prince George’s Counties, think it is important that we take a He stuck by the decisions. Maryland. The organization is named in look at that, particularly when we talk At the confirmation hearing, Senator honor of the Honorable J. Franklyn Bourne, about an individual who will serve on the first African-American District Court DURBIN asked him a pretty simple judge in Prince George’s County. The Bar the U.S. Court of Appeals. question. He asked him a question I have sat in the confirmation hear- Association’s mission includes assisting in about whether during his life or career, the development of African-American com- ings. I am a member of the Judiciary he ever took an unpopular point of munities through the vehicle of law, edu- Committee. I had a chance to listen to view on behalf of those who were pow- cating the general public about legal issues Judge Southwick. I had a chance to lis- erless or vulnerable and needed some- of concern to all, and insuring the continu- ten to the questions that were posed ation of African-Americans in the legal pro- one to stand up for their rights when it fession. It is in the spirit of our mission that back and forth. I must tell my col- was not a popular position. That, to leagues I cannot support this confirma- we register our opposition to the Leslie me, is a softball question: When did Southwick’s nomination. tion. I will vote against it, and I would you stand up for someone else’s rights? A representative democracy is a must in a like to give the reasons why. Judge Southwick couldn’t think of a free society, and as such the residents of the Senator SPECTER talked about some single example throughout his entire state of Mississippi, Texas and Louisiana are of the opinions that Judge Southwick deserving of a federal judiciary that reflects career. participated in or some of his rulings, the composition of their respective citizenry. and I think that is what we should be So there is no wonder that there is More importantly, as federal judgeships are looking at. For Judge Southwick, we concern about whether this potential lifetime positions, each candidate for such judge on the court of appeals will pro- an appointment must he closely scrutinized. do have an idea about his passion for Judge Southwick’s pattern of approving pre- the Constitution and what his prior- tect all of our rights as the cases come before him and why there is so much emptory challenges that exclude Blacks ities will be by looking at the type of from juries while approving challenges when cases he ruled on, the opinions he concern about his confirmation. whites allege discrimination from such chal- joined, and the opinions he wrote. So But I want to go on to another issue lenges is particularly troubling; so to is the let me talk about the two opinions that Senator LEAHY raised, and that is decision Judge Southwick joined in the case the issue of diversity. Diversity is very Richmond v. Mississippi Department of Senator SPECTER raises, because I Human Services which would have reinstated think they are important opinions in important. We expect all of our citizens will live according to the rule of law a white woman who used the phrase ‘‘good order to get some insight as to this ole nigger’’ about an African American co- judge’s passion for the Constitution. and will have confidence that the laws worker. The 1998 case of Richmond v. Mis- we make and the Court’s rulings on The Senate Judiciary is constitutionally sissippi Department of Human Services those laws will be fair to all commu- tasked with the responsibility of approving was an important case. It was very of- nities, so they have a right to expect nominations by the President following fair deliberations. In that regard, the Bourne Bar fensive to not just the minority com- that there will be equal access to par- ticipation in all branches of Govern- Association is confident that its opposition munity but the entire community. The outlined above will be duly noted. racial term that was used should never ment. Looking at the record in the Thank you for your attention. be used, as Senator LEAHY said, in the Fifth Circuit, there is reason for con- Sincerely, workplace or anyplace else. The dissent cern. The Fifth Circuit is Mississippi, ABIGALE BRUCE-WATSON, of that opinion, of that decision, got it Louisiana, and Texas—the highest per- President. right, where it said that the racial epi- centage of minority population in the country of any circuit outside of the NATIONAL ORGANIZATION FOR WOMEN, thet is inherently offensive and its use Washington, DC, June 6, 2007. District of Columbia—44 percent mi- establishes the intent to offend. Unfor- Senator PATRICK J. LEAHY, tunately, that was the minority opin- nority. Of the 10 nominees President U.S. Senate, ion in that court. On appeal it was Bush has submitted to the Federal Washington, DC. overturned, but Judge Southwick bench from Mississippi and the Fifth DEAR SENATOR LEAHY: The National Orga- joined the majority. The rationale in Circuit—10—none have been African nization for Women strongly opposes the nomination of Leslie Southwick to the U.S. the majority opinion I think is impor- American. Mississippi has the largest percentage of African Americans of any Court of Appeals for the Fifth Circuit. We tant, because it speaks to what Judge urge you to oppose this nomination both in Southwick used to reach his conclu- State in the Nation: 36 percent. Of the the Judiciary Committee and on the floor of sions. In that opinion he said the ab- 19 Federal judges on the Fifth Circuit, the Senate. sence of evidence of a near race riot, only one is African American. These Judge Southwick has a disturbing record the remark is too inconsequential to are important issues to the people of and an appalling lack of sensitivity on wom- en’s rights, racial justice, and discrimination serve as a basis of dismissal. that circuit and to the people of this country. based on sexual orientation. He dem- I find that very offensive. I think we onstrates the usual Bush nominee bias to- do have to be held accountable to So there are many organizations that ward big business and against consumers and where we allow our name to be added. are opposing Judge Southwick’s nomi- individuals. Fortunately, as I said, that was cor- nation. I ask unanimous consent that In the 2006 election, the voters clearly re- rected, but it took an appellate court the letters of opposition and concern jected right wing extremism. The National to do that. from the J. Franklin Bourne Bar Asso- Organization for Women expects that those Senators who were elected by the votes of In 2001, we have S.B. v. L.W. where a ciation and the National Organization women will take their ‘‘advise and consent’’ 12-year-old child is taken away from for Women, the Legal Momentum, and role seriously and not put our rights in jeop- her mother. It was done because she the Jewish Alliance for Law and Social ardy by confirming such an individual to one was a lesbian. The language in the Action be printed in the RECORD. of the highest courts in the land.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13249 As we have learned from many past judi- Historically, the 5th Circuit Court of Ap- demonstrated respect for fundamental con- cial battles, a ‘‘yes’’ vote in committee peals has served as a bulwark for the protec- stitutional rights. which allows a nomination to reach the floor tion of civil rights. However, Judge South- Sincerely, of the Senate is tantamount to a vote for wick displays a continued absence of dedica- LISALYN R. JACOBS, confirmation regardless of a subsequent tion to upholding certain essential civil Vice-President for Government Relations. ‘‘no’’ vote on the floor. We urge you to stand rights protections. In the case of Richmond v. Mr. CARDIN. Mr. President, I am firm and to vote to stop this nomination in Mississippi Department of Human Services, 1998 going to quote very briefly from the its tracks—in the Judiciary committee. Miss. App. LEXIS 637 (Miss. Ct. App. 1998), Sincerely, reversed, 745 So. 2d 254 (Miss. 1999), Judge letter from the Bourne Bar Association KIM GANDY, Southwick joined a 5–4 ruling upholding the where it says: NOW President. reinstatement of a white state social worker, A representative democracy is a must in a Bonnie Richmond, who had been fired for re- free society, and as such the residents of the JEWISH ALLIANCE FOR LAW AND ferring to an African American co-worker as State of Mississippi, Texas, and Louisiana SOCIAL ACTION ‘‘a good ole n*****’’ at an employment-re- are deserving of a Federal judiciary that re- Boston, MA, June 8, 2007. lated conference. The Mississippi Supreme flects the composition of their respective Re Maintaining an Independent Judiciary Court unanimously reversed this ruling. citizenry. Hon. PATRICK LEAHY, Similarly, Judge Southwick’s rulings on race Ten nominees from this area; none U.S. Senate, discrimination in jury selection give us African American. Washington, DC. pause. A review of his decisions reveals a dis- turbing pattern in which Judge Southwick The National Organization for DEAR SENATOR LEAHY: As an organization Women states: devoted to upholding constitutional protec- routinely rejects defense claims regarding tions against racial and religious discrimina- racially motivated prosecutors who strike Judge Southwick has a disturbing record tion, we write to urge that you and your col- African-American jurors but upholds claims and an appalling lack of sensitivity on wom- leagues on the Judiciary Committee and in of prosecutors that defense attorneys are en’s rights, racial justice, and discrimination the Senate oppose the appointment to the striking white jurors on the basis of their based on sexual orientation. Fifth Circuit Court of Appeals of Leslie race. The 5th Circuit, which includes Lou- The Jewish Alliance for Law and So- Southwick. isiana, Mississippi and Texas, has the high- cial Action: est concentration of racial and ethnic mi- Judge Southwick has demonstrated his dis- Judge Southwick has demonstrated his dis- dain for equal rights and equal protection norities in the country. There is no room at any level of the judiciary for Southwick’s dain for equal rights and equal protection under the law. While on the Mississippi State under the law. Court of Appeals, he joined a decision that troubling and seemingly biased approach to upheld the reinstatement, without any pun- the enforcement of civil rights laws. So I am not convinced Judge South- ishment whatsoever, of a white state em- In another case, S.B. v. L W, 793 So.2d 656 wick is the best that we can find for ployee who was fired for calling an African (Miss. App. Ct. 2001), Judge Southwick wrote the court of appeals. I am not going to American co-worker a ‘‘good ole nigger’’, a separate concurring opinion positing that a give the President a blank check, and I finding that this was not an offensive term. ‘‘homosexual lifestyle’’ could be used to de- will vote against the confirmation of In another case, Mr. Southwick went out of prive a parent of the custody of her own child. His concurrence, a unwarranted and Judge Southwick. his way to go beyond the majority decision Once again, I thank my friend from against a lesbian mother, in a concurrence hurtful piece of work, took great pains to that was not only gratuitous but gratu- elaborate upon the punitive ‘‘consequences’’ Pennsylvania for his courtesy. itously anti-gay. that could be imposed on individuals in ho- Mrs. BOXER. Mr. President, I plan to While the current President has tried to mosexual relationships, including the loss of vote against cloture on the nomination fill this seat on the Fifth Circuit with other custody of a child. Grounding his beliefs in of Judge Southwick, and, if cloture is appointees equally out of the mainstream, the principles of ‘‘federalism’’, he promoted invoked, against the nomination itself. this is the first nomination since the Demo- limiting the rights of gay and lesbian par- The Fifth Circuit serves one of the cratic Party has regained its Congressional ents in the area of family law and character- most racially diverse regions in the majority. Now is the time to deliver a strong ized the participation in a homosexual rela- country. It is especially important, message that Democrats will protect the tionship as a ‘‘choice’’ and an ‘‘exertion of a American people, the Constitution and the perceived right.’’ therefore, that a nominee to this court judiciary from the prospect of even more ex- Discussing an issue not raised by either possess an unshakable commitment to tremist right wing judges who will continue party in the case and citing incomplete legal equal justice and a willingness to pro- to undermine the judiciary’s crucial role in analysis, the concurrence also identified a tect the rights of all. Unfortunately, preserving our bedrock constitutional pro- policy position of the Mississippi legislature President Bush has chosen a nominee tections. that would limit the custody rights of homo- who does not pass this simple test. We at JALSA urge you not only to reject sexual parents. His opinion cited the Su- During his tenure with the Mis- this nomination but to do so in a way that preme Court’s decision in Bowers v. Hard- makes clear that the Senate will protect the wick, which upheld criminal penalties for sissippi State court, Judge Southwick independence of the judiciary, and will no sodomy, but ignored the more recent deci- joined a ruling that reinstated a State longer allow this administration to pack the sion in Romer v. Evans, in which the at- employee who used a very charged ra- courts in order to legislate an extremist tempt to deny anti-discrimination protec- cial slur about another worker. That agenda of bigotry and hatred. tions to gays and lesbians via ballot initia- decision was unanimously reversed by Yours truly, tive was found not to further a proper legis- the Mississippi Supreme Court. In an- ANDREW FISCHER, lative end, but deemed a means to make other case, Judge Southwick joined in Chair, Judicial Nominations Committee. them unequal and consequently struck down. an opinion that took into consider- His contorted and selective analysis show- ation the sexual orientation of a moth- LEGAL MOMENTUM, cases a distinct lack of the judicial impar- Washington, DC, June 7, 2007. tiality necessary in appeals court judges. er rather than her love for her child Hon. PATRICK LEAHY, Lastly, we cannot accept the possibility when deciding to deny her custody. On Chairman, Senate Judiciary Committee, that there are no qualified African-Ameri- other occasions, he voted against the Washington, DC. cans to serve on this Circuit’s Court of Ap- concept of ‘‘a jury of our peers.’’ Hon. ARLEN SPECTOR, peals. President Bush’s glaring lack of ra- I am deeply disappointed that Presi- Ranking Member, Senate Judiciary Committee, cially diverse nominations remains dent Bush has once again attempted to Washington, DC. unfathomable, and unacceptable to our orga- fill the Fifth Circuit vacancy with a CHAIRMAN LEAHY AND RANKING MEMBER nization, specifically in a region that dis- SPECTER: On behalf of Legal Momentum, the plays such a long history of racial apartheid nominee holding views far to the right nation’s oldest advocacy organization that and disenfranchisement and continues to of most Americans, and I do not sup- works to define and defend the rights of need integration at every level, particularly port the nomination of Judge South- women and girls, I urge you to oppose the in the federal judiciary. wick to the Fifth Circuit. nomination of Judge Leslie Southwick to the Given the arguments listed above, it is I yield the floor. US Court of Appeals for the 5th Circuit. clear that the Senate Judiciary Committee The PRESIDING OFFICER. The Sen- While much of Judge Southwick’s record re- must defeat Judge Southwick’s nomination. ator from California is recognized. mains unknown due to lack of publishing He does not possess the requisite abilities to Mrs. FEINSTEIN. Mr. President, I and incomplete Committee records, what has merit a life-tenured position in the federal too rise to discuss the nomination of been revealed is disheartening for those who judiciary. In rejecting Southwick’s nomina- look to the federal courts to uphold and en- tion, please urge President Bush to nominate Judge Leslie Southwick and to explain force laws barring discrimination on the a well-qualified individual with the appro- why I will vote in favor of cloture and basis of race, sex, national origin and reli- priate judicial temperament to dispense jus- in favor of confirming him to the Fifth gion. tice as intended by our Constitution and a Circuit Court of Appeals.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13250 CONGRESSIONAL RECORD — SENATE October 23, 2007 There has seldom been an appellate The first factor I wish to address is Duke, and then as Staff Judge Advo- nominee to whom I have given more his qualifications and character. I cate for the 155th Brigade at Forward thought than I have given to Judge don’t think anyone disagrees that Operating Base Kalsu. Southwick. I am very much aware of Judge Southwick is an experienced ap- How many judges have done that? the concerns many on my side of the pellate court judge. He sat on the State Shouldn’t that count for something? aisle, in the House of Representatives, court of appeals in Mississippi for 11 Well, it counts to me, Mr. President. and in the community feel. years, from January 1995 to December To me, it is a clear indication of the I have reviewed Judge Southwick’s of 2006. He has heard roughly 7,000 ap- character of the man, and I deeply re- record and the transcript of his con- peals. spect him for this military service. firmation hearing. I have read the How many judges have we confirmed The second factor that is important, many letters, both pro and con, and I without nearly that kind of experi- in my judgment, is the need to fill this have spent about an hour or more talk- ence? This is a large number of cases. vacancy on the Fifth Circuit. It has ing with him in person. There is no organization better posi- been vacant for 7 out of the last 8 What emerged for me was an under- tioned to evaluate the performance of years. Judge Southwick is the third standing that Judge Southwick is a judges in Mississippi than the Mis- nominee for the position—not the first qualified, sensitive, and circumspect sissippi State bar, and they awarded or the second, but the third. person. I think the personal qualities Judge Southwick their Judicial Excel- The vacancy opened in August 1999— of an individual often get lost in our lence Award in 2004, after he had been 7 years ago—and went unfilled for more debates about judicial nominees. These on the State court bench for 10 years. than 4 years. Then, in 2004, the Presi- nominees are not just a collection of That award describes him as: ‘‘A leader dent used a recess appointment to place Charles Pickering on the bench. prior writings or prior judicial opin- in advancing the quality and integrity The Senate did not confirm Judge ions. They are, first and foremost, peo- of justice,’’ and as ‘‘a person of high Pickering to the seat, and since the ple; and the kind of person they are is, ideals, character, and integrity.’’ end of 2004, it has been vacant again. in fact, important. In my conversations Isn’t that the kind of judge we want Michael Wallace was nominated for it, with Judge Southwick, I have gotten a to see on the bench? but that nomination wasn’t approved sense of the type of person that I be- I think those views from the bar as- sociation from his home State are im- by the Judiciary Committee. lieve him to be. He is not either insen- So at this time the Administrative portant. I also think it is significant sitive or a racist but one who is Office of the U.S. Courts has declared that the American Bar Association, thoughtful and analytical and a strong this seat to be a ‘‘judicial emergency.’’ believer in the law. As an appellate which evaluates every judicial nominee Now, I am not suggesting that we court judge, he evaluates the specific that comes to the Senate for confirma- should confirm whomever the Presi- legal issues of the case before him, not tion, unanimously rated Judge South- dent nominates just because a seat has necessarily the veracity of the parties wick ‘‘well qualified’’—their highest been vacant for a long time, or because involved as would a trial judge. rating. In fact, the evaluation by the the seat has been designated a judicial I know some of my colleagues are op- ABA for him to serve on the Fifth Cir- emergency. But I hope this urgent need posed to this nomination. Concerns cuit is stronger than it was when he to fill a longtime vacancy will help tip have been raised about his judicial was nominated to a district court last the balance in the nominee’s favor. By record, particularly with regard to year. any measure, 7 years is too long for a civil rights and the rights of gays and For that nomination, the ABA was vacancy to remain open. lesbians. I assure my colleagues that I not unanimous in finding him ‘‘well The third factor that weighs in favor have taken these concerns seriously. I qualified.’’ But they were for the appel- of confirmation for me is my strong be- gave them careful consideration and late court. lief that we have seen too much delay made my best judgment, which is all The Judiciary Committee approved and controversy over qualified nomi- any of us can do. that nomination, but the 109th Con- nees for too many years. While I respect the views of my col- gress ended without further action on There are plenty of examples of long leagues who oppose this nomination, I it. Now, Judge Southwick stands before delays in the confirmation process also respectfully disagree. I think us with a unanimous recommendation when President Clinton was in office Judge Southwick made mistakes by for the Fifth Circuit from the ABA. and the Senate was under the Repub- concurring in the two opinions in ques- I am also impressed, as Senator lican control. For example, when Ron- tion, but I don’t think those rulings de- SPECTER spelled out, by his record of nie White had the support of Senator fine his views. I don’t believe they out- military service to our country. I find BOND and was voted favorably out of weigh the other factors that suggest it singular among the judges in the 15 the Judiciary Committee twice, it took Judge Southwick should be confirmed. years I have served on the Judiciary more than 21⁄2 years for the nomination As I see it, there are three factors Committee. to come to the floor, and then the nom- that weigh in favor of confirmation. This judge joined the U.S. Army Re- ination was rejected. They are: serves in 1992 at the age of 42. To do William Fletcher was a well-qualified First, the qualifications and char- that, he had to get an age waiver. Ninth Circuit nominee in the 1990s. Un- acter of the judge himself; How many would do that? like Judge White, at least Judge Second, the need to fill this long- He had already achieved professional Fletcher was confirmed by the Repub- time vacancy in the Fifth Circuit success as a lawyer. At the time, he lican Senate—thanks in large measure which the judicial branch has des- was serving as the Deputy Assistant to Senator HATCH—but not until he had ignated as a judicial emergency; Attorney General in the Civil Division waited for 31⁄2 years. And third, my very strong belief that of the Department of Justice. Still, he During that period of time, I had when a future Democratic President felt a sense of duty to his country, and calls from prospective judges, saying: I sends up a judicial nominee who be- he did not let his age or his promising don’t know what to do. Do I stay the comes controversial, the test should be civilian legal career stop him. course, or withdraw? What do I do whether the nominee is within the ju- He volunteered in 2004 for a unit that about my family? These are real prob- dicial mainstream and is qualified by was going to be deployed to Iraq. That lems and we ought to respond to them. education, experience, and tempera- unit, the 155th Brigade Combat Team, I also share the views of my col- ment to be a sound judge or Justice in was, in fact, deployed, and he was with league, Senator LOTT, that we must the Federal court system of our great it. improve the confirmation process. He country. Judge Southwick was 53 years old at recently wrote an op-ed column in When I weighed those factors against the time. He had a wife and family and which he explained his vote to confirm the concerns I have heard, I decided to a prestigious job as a judge on the Justice Ruth Bader Ginsburg to the Su- vote in favor of Judge Southwick in State court of appeals. Yet, from Janu- preme Court. Since the Senator is sit- committee. They also will form the ary to December 2005, he served in ting here, let me quote him: basis for my vote on Judge Southwick Iraq—first as a Deputy Staff Judge Ad- I probably wouldn’t agree with Justice tomorrow. vocate at Forward Operating Base Ginsburg on any philosophical issue, but she

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13251 was qualified to serve by education, experi- All people of good will should make their re- which was governed by Supreme Court ence, and temperament. Elections have con- jection of the word clear. The opinion had an precedent that has since been over- sequences, and she had President Clinton’s opportunity to express more fully and accu- ruled. Judge Southwick conceded at confidence. rately the complete disgust that should the hearing that under current law the greet the use of this word. Such a statement That is the way it was. I have used analysis of the case, and perhaps the the same analysis to arrive at my posi- would certainly be consistent with my own beliefs that this is the worst kind of insult. result, would be different. tion on Judge Southwick. I probably As I testified, everyone took this issue ex- Again, the question is whether his would not agree with him on certain traordinarily seriously. I regret that the fail- decision to join the opinion is grounds philosophical issues, but I think he is ure to express in more depth our repugnance for disqualifying him from a Federal qualified to serve by education, by ex- of the use of this phrase has now led to an judgeship. To me, simply stated, it is perience, and by temperament. impression that we did not approach this not. Critics of this nomination have case with sufficient gravity and under- So I am voting in favor of Judge pointed to two opinions: one that rein- standing of the impact of this word. Southwick because I think, based on stated an employee who had been fired The letter goes on to say: the letter he wrote to me, on my dis- for using an egregious racial slur, and I always tried to treat everyone who came cussions with him, and on his record, another that denied a woman custody before me as a judge with respect. I gave a he is not outside of the judicial main- of her child for reasons that included— memorandum to each of my law clerks that stream. they were to use no disparaging words to- but were not limited to—her involve- That is the primary criterion I use ment in a same-sex relationship. wards anyone in a draft opinion, no matter what the appeal was about. From the bench when evaluating an appellate nominee, These are 2 opinions out of 7,000 cases and in my opinions, I followed that same and I expect future nominees of Demo- that he heard or that he sat on. They rule. I believe that everyone whom I encoun- cratic Presidents to be treated in the are opinions he joined, not ones he ter, whether as a judge or in some purely pri- same way. wrote. One was a majority opinion vate capacity, is deserving of my respect. I believe the concerns that have been joined by four other judges on his I took a broad view in looking for staff. I raised about Judge Southwick are out- court, and one was a concurring opin- was one of the original ten judges on the weighed by his record of service to our ion in a case where he also joined the Court of Appeals, taking office in January 1995. In my second year on the court, I be- country, his long experience as an ap- majority opinion. pellate court judge, and the tempera- Ultimately, the case involving the came the first white judge to hire an Afri- can-American law clerk on that court. I ment I have come to know in my dis- racial slur was reversed by the State could not have been more pleased with her cussions with him. supreme court and remanded for con- work, and she went on to be a partner in a Mr. President, I ask unanimous con- sideration of a different penalty. The major Mississippi law firm. I was equally sent that the mandatory quorum re- ruling of Judge Southwick’s court in pleased with the two additional African- quired under rule XXII with respect to the child custody case apparently was American clerks I hired before I left the the Southwick nomination be waived. not appealed to the State’s high court. court. The PRESIDING OFFICER. Without Critics of Judge Southwick have also Judge Southwick concludes by say- objection, it is so ordered. pointed to certain rulings that, in their ing: Mrs. FEINSTEIN. Mr. President, I view, suggest that Judge Southwick Until the last two months, my fairness and yield the floor. will be hostile to workers, minorities, temperament had not been subject to criti- The PRESIDING OFFICER. The Sen- and those who lack power and privilege cisms. The recent concern may have arisen ator from Mississippi. in our society. These are serious con- from the fact that only one piece of evidence Mr. LOTT. Mr. President, I obviously was being used, namely, the racial slur opin- cerns. But I don’t think these cases ac- rise in support of the cloture motion curately reflect Judge Southwick’s ion. A much better explanation of my own abhorrence of this slur clearly could have and in support of the nomination of views. This is only my best judgment, been written. I have tried in this explanation Judge Leslie Southwick to be con- based on my own discussions with him. to express my disgust for the use of that firmed to the Fifth Circuit Court of Ap- The racial slur case, Richmond v. word and to present some of the evidence peals. Mississippi Department of Human from my own life to prove my commitment I begin by thanking Senator REID for Services, involved, as has been stated, to furthering the civil rights of all. allowing this nomination to be called a State employee who had used a racial In the second case, the child custody up and even considered. He doesn’t slur in reference to an African-Amer- case, which is called S.B. v. L.W., have to do that as our leader, but he ican coworker. The State agency fired Judge Southwick’s court affirmed a de- should be commended by those of us the employee, and she appealed to an cision to deny custody of a child to a who support Judge Southwick for his administrative board, which ordered mother who was in a same-sex relation- willingness to allow the nomination to her reinstated. ship. The lower court had based its be debated and considered. Judge Southwick joined a majority opinion on several different factors, Mr. President, I wish to express my opinion that upheld the board’s deci- such as employment, financial sta- appreciation to the very studied and sion to reinstate the employee. The bility, and stability of the environ- careful job that Senator FEINSTEIN has opinion stated that there was sufficient ment, and not just the sexual orienta- done with regard to this nominee. I evidence in the record to support the tion of the mother. know it has not been easy, but I also decision of the board. In fact, a major concern in the case know that she has taken time, she has I believe he should not have joined was that the mother was planning to been patient, she has done her home- the court’s opinion, but I don’t think move to a new city, and the mother work. I am sure she has endured criti- his decision to concur in that opinion had admitted that the move was not in cism. She has shown tonight that she is should disqualify him from being a the daughter’s best interest. She said truly one of the outstanding lions or Federal judge. she did not know where her daughter lionesses, I guess, is the correct word, After our meeting in person, I asked would attend school, and also that she of the Senate. She has shown courage. the judge to put his thoughts in writ- would be devoting a lot of time to She and I have worked together. ing, and he did. I found the letter con- starting a new business after the move. Sometimes we have lost when we have vincing. Judge Southwick joined the majority worked together, and sometimes we Mr. President, I will quote some of opinion, upholding a lower court’s deci- have succeeded. But we have tried to this letter: sion that the best interests of the child do the right thing for the Senate and The court said that the use of the word would be better served by being in the for our country. I have nothing but the ‘‘cannot be justified’’ by any argument. It father’s custody. He also joined a con- utmost admiration and appreciation could have gone far beyond that legalistic curring opinion written by another for the position she has taken. I actu- statement. Captured in this one terrible judge. ally am hesitant to proceed after her word is a long, dark, sad chapter in our his- tory. This racial slur is unique in its impact When asked about the case at his comments because they were so careful and painful to hear for many, including my- hearing, Judge Southwick said that he and so well thought out and presented. self. I said at my hearing that this is the had joined the concurring opinion be- I do think that I would like to put a worst of all racial slurs. Its use is despicable. cause it followed State law at the time, few remarks into the RECORD tonight,

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13252 CONGRESSIONAL RECORD — SENATE October 23, 2007 and I will add additional items tomor- One of the things that was noted about William Winter, our former Governor, row. I thank Senator FEINSTEIN so his outstanding academic record was said: much. What she did tonight with re- that he graduated cum laude from Rice I further know him to be a very intel- gard to this nominee and how she is University, a well-known and well-re- ligent, conscientious, ethical and hard-work- going to vote tomorrow is the kind of spected academic institution. He didn’t ing member of the legal profession. I have a thing, I believe, that will affect in a just graduate with honors, he grad- great deal of personal respect for him and positive way the nominations of other uated cum laude, right at the top. He based upon my association with him I be- lieve he will reflect fairness and objectivity men and women in the future in the later graduated from the University of in his approach to all matters which may Senate. We have worked together on Texas School Of Law, where he also come before him as a judge. nominees from California in the past, had an outstanding record academi- I don’t know what higher rec- and I stood against a filibuster then, cally. ommendation you could have from our and I am proud I did. I have voted for When he came to the State of Mis- State, from a member of the opposite nominees, such as Justice Ginsburg, sissippi, he continued that record of party, and a former Governor of our because I thought it was right. success. He worked with one of the State. So he knows the background of I also have been a party to and have most revered members of the Fifth Cir- this nominee. observed conduct in the Senate by my cuit, Chief Judge Charles Clark, one of Mr. President, I ask unanimous con- colleagues on this side of the aisle that the most outstanding jurists I have sent to have printed in the RECORD the I am sorry about, I regret. But how do ever observed in my career of watching entirety of the letter of William F. we ever stop the slide downhill by the our Federal judiciary. Winter. Republicans and then by the Demo- When he went to work for a law firm, There being no objection, the mate- crats and then again by the Repub- he didn’t go with just any law firm, he rial was ordered to be printed in the licans? When can we rise above that went with one of the State’s very RECORD, as follows: type of personal and partisan attack best—Brunini, Grantham, Grower, and WATKINS LUDLAM WINTER Hewes, where he became a partner. At and consider these nominations and & STENNIS, P.A., legislation in a more respectful and re- every step along his career, he didn’t Jackson, Mississippi, June 13, 2007. sponsible way? do just well, he excelled in how he han- HON. ARLEN SPECTER, I believe Senator FEINSTEIN has dled himself in the positions he had, Ranking Member, Committee on the Judiciary, taken that first step that can lead to and he continued that when he went on U.S. Senate, Washington, DC. other steps, and we will stop this slide the court of appeals. DEAR SENATOR SPECTER: I join a number of I have observed occurring more and A lot has been made about the fact my colleagues in the Mississippi Bar in ex- that he has served in the Mississippi pressing support for the nomination of the more each year for 10 years. Now Honorable Leslie Southwick for a seat on the maybe this is the moment, maybe this National Guard. He reached the rank of U.S. Court of Appeals for the Fifth Court. will be the catalyst that will lead to lieutenant colonel. He didn’t just serve I personally know Judge Southwick as a other steps on this side of the aisle and as a reservist to meetings of the Na- highly regarded attorney and jurist in Jack- on the other side of the aisle so that we tional Guard, he was actively involved son, Mississippi. I further know him to be a will treat these nominations and legis- with the 155th Separate Armored Bri- very intelligent, conscientious, ethical and lation in a proper way. gade. And, of course, he went with the hard-working member of the legal profes- sion. I thank the Senator for staying and 155th Brigade Combat Team and was While it is generally known in this commu- allowing me to commend her. I hope it mobilized in Operation Iraqi Freedom. nity that he and I do not share the same doesn’t get her into too much trouble, So even there he took risks. He was in- views on some public issues. I have a great but I admire the Senator very much. volved in a way at his age that deal of personal respect for him and based on I do want to recognize the remarks wouldn’t ordinarily have been ex- my association with him I believe that he made by Senator SPECTER of Pennsyl- pected. This further shows that he is a will reflect fairness and objectivity in his ap- vania and the thorough job he did in unique individual in terms of his edu- proach to all matters which may come before referring to particular cases. I don’t cation and his experience. him as a Judge. I, therefore, commend him to you as one want to repeat the cases that have But more than anything else, with whose personal character and professional been mentioned here tonight, or go rare exception, I have never seen a record make him worthy of your favorable over his whole resume again, but I wish more qualified nominee to be an appel- consideration for this important position. to take a moment to maybe highlight late court judge; not just a Federal Respectfully yours, some of the parts of that resume of this judge, but an appellate court judge. His WILLIAM F. WINTER. very distinguished nominee. experience has been in the Mississippi Mr. LOTT. Judge Southwick was I also want to note the presence of appellate court system, where he pre- awarded the Judicial Excellence Award the senior Senator from Mississippi, sided or participated over 7,000 cases. by the Mississippi State Bar Associa- my colleague Senator COCHRAN. He and That point has already been made, but tion, and he was rated not just well I have been in the Congress for 35 that is an extraordinarily large number qualified but unanimously well quali- years. We were in the House together. of cases for him to be involved with fied by the American Bar Association. He came to the Senate, and 10 years over these several years that he was a This is supposed to be the gold stand- later I came to the Senate. One of the member of the appellate court in Mis- ard. The previous nominee for this po- things I did when I came to the Senate, sissippi. sition was not given that. He was given I sat down and talked to Senator COCH- In terms of the kind of man he is, let a ‘‘not qualified’’ rating by the bar as- RAN about how to consider nominees me read one part of one letter from one sociation. So they don’t just for the Federal judiciary, because he of the most revered and respected rubberstamp nominees, they look very was on the Judiciary Committee. He former Governors of our State of Mis- closely at them. had some very good, helpful, and sim- sissippi, a Governor who has a very If there is a question about his tem- ple advice. Basically, he said if they progressive record of leadership and of perament, if there is a question about are from your State, certainly if they civil rights issues, and who has contin- his record on civil rights issues, or any- are personally repugnant, you can vote ued until this very day to work for ra- thing else, they would have found it against them. But basically, he said, if cial reconciliation and heads an orga- and they would have included it in they are qualified by education and by nization at the University of Mis- their recommendations. And, by the experience and by temperament, you sissippi dedicated to that purpose. This way, this is the same nominee who, 1 should be supportive. Kind of simple, is a Democrat. This is what most peo- year ago, was unanimously referred by but it was a thoughtful suggestion to ple would acknowledge in Mississippi the Judiciary Committee to be a Fed- me that came from this experienced would be one of your more moderate to eral district judge. Now, 1 year later, member of the Judiciary Committee, liberal Democrats. Knowing him, he there are those who question the same and I have tried to do that, and I will probably doesn’t like those labels, but record they had a chance to review last continue to do so. he has a record of involvement in those year. I do believe very strongly that this areas where this nominee has been Of the opinions he actually authored, nominee is obviously well qualified. challenged or criticized. This is what there is no criticism of the more than

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13253 1,000 decisions where he actually wrote will do it again later. If we do it in this are establishing here. Next time, this the opinion. I assure you, they were administration, we will do it in an- could be your nominee. scrubbed and reviewed very carefully. other administration. Give the man an I yield the floor. There are two decisions in 7,000 where up-or-down vote. I believe—I am abso- The PRESIDING OFFICER. The Sen- he concurred but did not write the de- lutely convinced—that he will be con- ator from Mississippi. cision, where questions have been firmed. Mr. COCHRAN. Mr. President, under raised. I will have a few more remarks prob- the order, I think there were 5 minutes, I know we all make mistakes, and we ably in the morning, but let me say to and 2 of the minutes I yielded to my choose to associate sometimes with sit- you, Mr. President, and to my col- colleague and distinguished Senator, so uations or people we regret later. I leagues in the Senate, I have never be- it is my intention to proceed with 3 know he would do some of his decisions fore done this, but I can vouch on my minutes. differently now if he had them to do honor to this institution that I have The PRESIDING OFFICER. There is over again. But this is a long distin- served for many years now and in lead- 9 minutes remaining on the Senator’s guished record, with only a couple of ership positions, this is a good and side. phrases in two decisions that, obvi- qualified nominee who will reflect Mr. COCHRAN. I will use the balance ously, are troublesome. credit on the institution that confirms of that in the morning. Now, beyond those qualifications, he him and in the court in which he The purpose of my being here tonight also has the temperament. He is mild serves. was to be sure I was available to hear mannered, he is very judicious, he is The judicial confirmation process has the comments of all Senators who moderate in his approach to being a always shown strong deference to the wanted to speak on this confirmation. judge and in his life; not to say that he opinions of home State Senators. There This has been a very frustrating experi- won’t be conservative in a lot of his is good reason for this. Home State ence for me personally, because, as my rulings. I think he will. But I am talk- Senators are uniquely positioned to colleague pointed out, we have con- ing about demeanor and temperament. know the personalities, qualifications, fronted difficulties in submitting Clearly, he has what Senator COCHRAN and reputations of the nominees from names for the consideration of the Sen- and I thought the Senate indicated their state. The fact that this tradi- ate for this particular position. Two he they desired. tional courtesy of the Senate is being pointed out have been nominated by This is the third nominee for this va- ignored should be cause for concern for the President and, in fact, rejected. cancy. The other two didn’t make it. every Senator in this Chamber. Names were withdrawn because of We heard what the Senate had to say I respected this traditional courtesy delays that made it clear those judicial regarding these past nominees and we when I served as majority leader. In nominees were unacceptable. So we put came up with a judge we thought met the last few years of the Clinton ad- our heads together, we talked about the criteria that was expressed by a lot ministration, a Republican Senate con- what the other options were, and de- of our colleagues here in the Senate. firmed a string of highly controversial cided Leslie Southwick was the epit- But I also want to emphasize this. I appeals court nominees who nonethe- ome of someone who had to be accept- have stood on this floor and argued to less had the backing of their home able to the Senate. Not only is he an my own colleagues that we should not State Senators. experienced judge in an appellate court set the precedent of filibustering quali- When the controversial nominations position, but he is a person of great in- fied judicial nominees—— of Paez and Berzon where debated in tegrity, widely respected, even though The PRESIDING OFFICER. The Sen- 2000, I filed cloture on both of their he has been a Republican and active in ator’s time has expired. nominations. While many on my side of politics in our State, supporting can- Mr. LOTT. Mr. President, I ask unan- the aisle opposed the nominations, I didates that he thought were the best imous consent for 2 additional minutes, upheld my promise to bring their nomi- in his party who were available to be if my colleague, Senator COCHRAN, nations to an up-or-down vote. nominated and elected. He is a person would yield me those 2 to wrap up. We are in danger of establishing an who is widely respected by Democrats, The PRESIDING OFFICER. Without ill-advised precedent that could have as proven by William Winter’s very objection, it is so ordered. longstanding negative ramifications on generous letter complimenting him Mr. LOTT. Mr. President, I have ar- not just the legislative branch but also and pointing out his personal qualities. gued we should not filibuster Federal upon the judicial branch. Should this That should be instructive to the Sen- judges. One time when I sat in that body block a clearly qualified nominee ate in its consideration of this nomina- seat as majority leader, my colleagues based on a ‘‘perceived controversy’’? tion. actually voted to filibuster a judge and Every Senator in this body needs to I don’t know of any situation I have opposed cloture. Senator HATCH and I understand what is at stake here. This confronted since I have been in the took to the floor and said we are not isn’t a simple case of controversial Senate that has been more frustrating going to do this. This is wrong. If you nominee being taken down in a par- than watching and listening to the want to vote against him, vote against tisan fight. criticism of this nominee who has been him, but we are not going to filibuster This is a mainstream nominee to a totally unjustified, totally unjustified these judges. Those judges were Judges seat that has been declared a judicial on the record. Viewing his career as I Paez and Berzon in 2000. We had a sec- emergency, with the strong support of have observed it, it is not the same per- ond vote, reversed the previous vote both home State Senators, with a son I hear described by those I hear which opposed cloture, invoked clo- ‘‘unanimously well qualified’’ rating criticizing and objecting to this nomi- ture, and then voted on those nomi- from the ABA—the supposed gold nation, reaching through 7,000 opinions nees. I voted against them both, but I standard for my colleagues on the trying to find something he had said or thought they deserved an up-or-down other side of the aisle—who was re- done or indicating a view that was un- vote. ported out of the Judiciary Committee acceptable in a Federal judge. And they Here tonight and tomorrow, when we unanimously for a lower court nomina- come up with two opinions that he vote, at the very minimum we should tion less than 12 months ago, and a didn’t write, and they are fully ex- not filibuster this nomination. We military judge who courageously plained by him, and totally contradic- should allow this judge to have an up- served in Iraq. tory, in the way they have interpreted, or-down vote. One of the speakers to- This isn’t just about Judge Lesile to his personality, his good judgment, night indicated he would vote against Southwick. This is about the standard and the way he has lived his life. him. Fine, if that is what your con- that is being set for the future. Every I think it is a lot more instructive if science dictates. But first, we have to Senator in this Chamber will have judi- you could have been with me yesterday deal with this question of should we cial nominees that come from their in Natachez, MI, dedicating a new Fed- start down this trail of filibustering home State, and they will expect those eral court building, the shock, I guess, qualified judges because we disagree qualified nominees—with home State that others might find, that the Pre- with some philosophical position. We Senator support—to be confirmed. siding Officer at that ceremony was shouldn’t do that. If we do it here, we Well, that is not the precedent that we United States District Court Judge

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13254 CONGRESSIONAL RECORD — SENATE October 23, 2007 Henry Wingate, an African American I I think this is kind of a sign of the LEGISLATIVE SESSION had recommended 20 years ago for the times and where we are and the Presi- Federal bench, who is now the chief dent’s time period and the President’s Mr. REID. Mr. President, I ask unan- judge of the Southern District in the approval ratings. He is in his last 2 imous consent that the Senate now re- United States District Court. years and people are looking and say- turn to legislative session. There are several other judges, all of ing we don’t want to get these many The PRESIDING OFFICER. Without whom were there. Edith Jones of the circuit court judges approved. But if objection, it is so ordered. Fifth Circuit, who is the chief judge you look at the record, this is not fair now of the Fifth Circuit Court of Ap- to this judge. f peals, was our principal speaker on this Look at the diversity issue. I just occasion. And I noticed that the person want to put a chart up on the diversity NATIONAL INTEREST ELECTRIC who is a U.S. marshal for the Southern of the Fifth Circuit because that issue TRANSMISSION CORRIDOR District of Mississippi is Nehemiah has been raised, the number of ap- Mr. CASEY. Mr. President, I rise Flowers, whom I had recommended pointees to the Fifth Circuit. Under many years ago and has served in that today to address not only a major pub- President Clinton and Bush: Women lic policy issue for the State of Penn- job with distinction and reflected cred- appointed under President Clinton, it on African Americans of our State, sylvania but also a fundamental issue zero; President Bush appointed two; Af- of fairness and the proper role of Gov- but also as an individual in his own rican Americans, one under Clinton, right who is the chief keeper of the ernment, which I think will have an none under Bush; Hispanics, one under impact on the country as a whole. peace and law enforcement official in Clinton, one under Bush, and actually the Federal District Court, I was proud there was a third woman appointed Recently, the U.S. Department of En- to be there on the podium with him. under Bush. I don’t think that stands ergy designated 52 counties—52 out of Leslie Southwick is totally well the review and test of us being honor- Pennsylvania’s 67 counties—as part of qualified and ought to be confirmed by able and honest with what the situa- a power transmission corridor, more the Senate. I have spoken on the Sen- tion is. formally known as the National Inter- ate floor a couple of times at great This is a judicial emergency situa- est Electric Transmission Corridor. length about it and put into the tion. Senator LEAHY has previously This means the Government will be RECORD letters from people all over our stated if a vacancy is deemed to be a able to turn three-quarters of the State State commending him and vouching judicial emergency, it should be ad- of Pennsylvania into a superhighway of for him, talking about his experiences dressed quickly. This is a judicial transmission towers. as a judge and my familiarity with him emergency, as determined by the non- Their authority to designate this cor- as a person. He has a record that would partisan Administrative Office of the ridor was granted in the Energy bill be the envy of anyone who would aspire Courts. They have declared the seat to passed in 2005 in the previous Congress. to be admired and respected as a judge which Judge Southwick has been nomi- This designation would allow the Fed- or a lawyer or a citizen. I can’t believe nated a judicial emergency. eral Government to override State au- that he is being challenged as harshly Senator LEAHY, for whom I have a thority and construct high-voltage as he is by some in this body, and I great deal of respect and worked with power transmission lines wherever urge the Senate to confirm him as a on a number of additional issues other they please—virtually wherever the United States Court of Appeals judge than this, has also said it is important Federal Government pleases. They tomorrow. whether the two home State Senators could place the lines on farmland, The PRESIDING OFFICER. The Sen- support the nominee. You have just through neighborhoods, through some- ator from Kansas. Mr. BROWNBACK. Mr. President, heard from the two home State Sen- one’s backyard, and, for example, how much time remains? ators who strongly support this nomi- through a beautiful vineyard such as The PRESIDING OFFICER. Four nee. the one I saw most recently in Greene minutes. I think the criteria that have been County in the furthermost south- Mr. BROWNBACK. Mr. President, I previously set to fill a circuit court po- western corner of Pennsylvania, so vir- want to speak in favor of Judge South- sition have been met, in many cases tually anywhere in the Commonwealth wick and the nomination and would even exceeded. Yet we have a con- and anywhere in the country. take up that 4 minutes. troversy over a person who was seen, Earlier this year, the Department A couple of quick points I want to one Senate ago, one Congress ago, as a had a public comment period where I make on this because the time is short, consensus candidate. This seems to be and other public officials and most im- the hour is late, and I appreciate the much more reflective of the time rath- portantly my constituents spoke out Presiding Officer staying. I have met er than the person, and I don’t think loudly in opposition to the draft cor- and I have gotten to know Judge that is meritorious of this body, to de- ridor plan. That draft plan is virtually Southwick. I have worked with him. I cide something on, OK, it is in this ses- identical to the final plan. have seen him now through two Sen- sion of Congress rather than the prior Let me give my colleagues a sense of ates, the last Senate and this Senate. session of Congress. what we are talking about here. This is This is an honorable man. This is a Here is an honorable, good man. If a map which depicts the draft Mid-At- good man. I think this is a smear cam- you have qualms with one of the nomi- lantic and Southwest area national paign that people are trying to do on nees, fine. But let’s make it a real set corridor. There are people in Wash- him, on a good man. of qualms and let’s not make it some- I think if he came up in different cir- thing that we invent this session, dur- ington who for years have been talking cumstances everybody would say: Why, ing this Congress, and try to take it about creating opportunities for more absolutely he is the right person for it. out on somebody who is a good can- power, and this is a national priority, Part of the reason I say that is you didate. they say. Yet we can see just by the look at the last Congress when he came Here is a person who served honor- dotted areas that there are a lot of up in front of the Senate Judiciary ably in the military, even asked that States in the Northeast that will be Committee. Judge Southwick came up his age be waived so he could join the impacted—obviously, New York and in the last Congress, and he was unani- Army Reserves at age 42. In 2002, at the Pennsylvania, West Virginia, Mary- mously approved by the Judiciary age of 53, he volunteered to transfer to land, and a few others, and then out Committee, seen as a consensus nomi- a line combat unit that was widely an- West in the furthermost reaches of the nee who should move forward. He has ticipated to deploy to Iraq. Southwest of our country, principally been through these parts before. Why is This is an honorable man. I urge my in the State of California. So for all of it he was unanimous last time around colleagues to actually look past the the talk about a national priority, and now he is a controversial can- way he is being painted and look to the there is very little that impacts the didate? Why is it you are looking at reality of the facts and to the lon- middle of our country. 7,000 opinions and somehow now we gevity of his service and what he seeks I sent letters, as Senator SPECTER found something in a couple of opin- to do and to vote and to support this did, to the Department of Energy, but ions but didn’t find those last year nominee. so far, I am not happy to report the De- when people were fly-specking it? I yield the floor. partment of Energy has ignored my

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13255 constituents. I think this is an outrage, row, rural areas in Pennsylvania, farm tion in Beirut at that time was rather for a government bureaucracy to ig- communities. Most of those counties similar to what we see in Iraq today in nore the people they are supposed to designated there are in rural commu- terms of having a weak central govern- serve. They pay their salaries—those nities. If the Federal Government and ment and many different factions taxpayers pay their salaries. The least the Department of Energy or the Fed- around it. this Department should do is respond eral Energy Regulatory Commission or On any given day, our marines in not just in a timely way but to respond anyone else in this town wants to fight Beirut could be bumping up against completely. But we haven’t seen that about this, we are ready to fight, and Shia militia, Sunni militia, Christian yet. we will fight morning, noon, and night Phalange, Druze militia, the Syrians Last week, I met with an Assistant until our State, the Commonwealth of over the border on one side—as well as Secretary of Energy to discuss my op- Pennsylvania, is treated equitably. with French, U.K., and Italian military position to the transmission corridor f units all operating in this environ- as it is presently drafted. I have sent ment. The Israeli military, which at letters to the Energy Secretary, Mr. 24TH ANNIVERSARY OF BOMBING this point had pulled back over the Samuel Bodman, most recently in OF MARINE CORPS BARRACKS IN Chouf mountains, also was present. early October. We are still waiting for BEIRUT These were very fine marines. I spent a response to that, a letter signed by Mr. WEBB. Mr. President, 24 years a good bit of time with them on their both Senator SPECTER and me, waiting ago today, at 6:20 in the morning, in different positions. They were overall for a response. I know people get busy, Beirut, a yellow Mercedes-Benz truck commanded by COL Tim Geraghty, an but I think it is time now to respond to drove into the Beirut International extraordinarily capable officer who had that letter. We are also waiting for Airport, where the 1st Battalion 8th spent more than 2 tours in Vietnam. Secretary Bodman to respond to my re- Marines was keeping its headquarters. Their battalion commander, LTC How- quest for a meeting. We are getting a The truck crashed through a barbed ard Gerlach, had done a tour and a half little resistance there as well. wire fence, went through the parking in Vietnam as infantry leader. So while I am waiting for these re- lot, passed between two sentry posts, The rules of engagement were so sponses from the Energy Secretary, I and then crashed through a gate and strict in Beirut at the time that when want to put him on notice and I want into the lobby of the large building our marines took fire, they could only to put the Federal Energy Regulatory where the marines were keeping their return fire with the same type of weap- Commission—which we know by the headquarters. on they were receiving fire from. These acronym FERC—I want to put FERC At that point, the explosives were set very restrictive rules ended up contrib- on notice and I want to put the Senate off in this truck, ending up with the uting to the situation in which the on notice that I have grave concerns, deaths of 241 American military serv- truck bomb went off. The sentries at as a lot of people in Pennsylvania have icemembers. This was the largest loss the gate where the truck came in were grave concerns, about this trans- of life for the U.S. Marine Corps in one not even allowed to have ammunition mission corridor as presently designed single day since Iwo Jima. It was the in their weapons at that time. They or drafted. I am outraged by how my largest loss of life in one day for Amer- were precluded from being able to take constituents have been treated so far ican service people from the beginning out this truck when it entered because in this process. I would argue they of the Tet Offensive of 31 January 1968, once they saw what was happening, have been ignored in this process. and it remains the largest single loss of they had to attempt to load their So I intend to use every means at my life in one day since that time. weapons and then fire at it. disposal—every means at my disposal— I believe it is appropriate for us to This was an incident which combines to prevent the National Interest Elec- take a few minutes and remember so many different factors that are still tric Transmission Corridor from mov- today the sacrifices that were made in play right now in the Middle East. ing forward until Pennsylvania is at a and the contributions the United We should be remembering it. We minimum treated equitably. So I in- States was attempting to make in that should be remembering when we look tend to place a hold on the renomina- particular circumstance. back on it that the United States must tion of Joseph Kelliher, who is now I make these comments as someone play its hand very carefully in that serving as the Chairman of the Federal who is proud to have served in the U.S. part of the world. As one marine said Energy Regulatory Commission, Marine Corps, who has a brother who to me during a firefight at one outpost known as FERC. I will place a hold on served in the Marine Corps, who has a I was covering as a journalist: his renomination, and I will be intro- son who is now serving in the Marine It is always difficult when you get involved ducing tomorrow, in connection with Corps, and as someone who covered the in a five-sided argument. the amendments to the farm bill, an marines in Beirut as a journalist and We ought to think about that when amendment to prevent the use of emi- had recently left the country when this we are looking at what is going on in nent domain to take farmland for use incident occurred. other parts of the Middle East today. as a part of this power transmission The marines who went to Beirut But the main purpose of me speaking corridor. came in peace. They had been sent in today is to urge all of us never to for- One more chart before I conclude. after several incidents occurred regard- get the courage and the risk and, ulti- The second chart here depicts the num- ing multiparty incidents, which I will mately, the sacrifice that so many of ber of counties affected in the north- describe in a minute, at the request of our young people are required to make eastern corner of the United States. I the Lebanese Government. We had a on behalf of our country and under the will speak just of Pennsylvania for U.S. Marine Corps representation. We direction of the leadership of those who today—52 out of those 67 counties. Ba- had military people from the United decide to send them into harm’s way. sically, what the Federal Government Kingdom, Italy, and France. They were f has told us, in essence, implicitly—this asked to help separate the warring fac- is what I derive from their failure to tions inside Beirut during a vicious HONORING OUR ARMED FORCES respond to the State of Pennsylvania— civil war and also to help separate the CHIEF WARRANT OFFICER JOHN W. ENGEMAN is there is going to be a superhighway end result of an Israeli incursion, in Mr. ROCKEFELLER. Mr. President, of power lines across Pennsylvania, and which the Israelis were attempting to in the lush green hills of Arlington there is nothing anyone can do about take out large elements of the Pales- Cemetery, where peace holds its gentle it. The Federal Government is going to tinian Liberation Organization. sway, there is a headstone inscribed take over this effort and put those So our marines began this ‘‘visi- with the name of John W. Engeman. On lines across the State of Pennsylvania. bility’’ presence in September of 1982. it are his rank of chief warrant officer, Well, I have news for them. Pennsyl- They had been there through different and his honors, the Legion of Merit, vania is full of a lot of people who are cycles of rotation for a little more than Bronze Star, and Purple Heart. But, concerned about this, whether they are a year when this event occurred. like all of the iconic white markers at in small towns or urban areas, and, as They operated under enormously dif- Arlington, it only tells part of a hero’s we are going to be speaking to tomor- ficult rules of engagement. The situa- story.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13256 CONGRESSIONAL RECORD — SENATE October 23, 2007 Chief Warrant Officer Engeman en- H.R. 2102, with a strong, bipartisan and that is known as much for its natural listed in the Army when he was 18, and apparently veto-proof majority of 398 beauty as the rural and industrious was stationed in Korea and Germany, to 21. Thus, both S. 2035 and H.R. 2102 Vermonters who have settled there. and served in Kosovo and Operation are available for Senate action on the This region, defined by the three Desert Storm. Two years ago, he Senate business calendar. I strongly northeastern-most counties of moved with his family to West Vir- support the enactment of a Federal Vermont that sit between the head- ginia, where he was the active duty li- shield law for journalists, and I urge waters of the Connecticut River and aison between the National Guard and the Senate to promptly consider Fed- the U.S.-Canadian border, became one Reserves. eral shield legislation. of America’s first National Geographic But he was more than a career mili- All of us have an interest in enacting geotourism destinations. The designa- tary man; he was also a devoted father a balanced and meaningful first amend- tion highlights the character and sense and husband, brother and son. ment privilege. Sadly, the press has be- of place that has come to define the The soldiers in his unit called him a come the first stop, rather than the dozens of mountain valley commu- father figure and a great story teller. last resort, for our Government and nities that sit in Orleans, Essex, and They recalled that whenever they need- private litigants when it comes to Caledonia Counties. ed advice, they always went to the seeking information. This is a dan- My wife Marcelle was born in the Chief. They said they would follow him gerous trend that can have a chilling Northeast Kingdom, just south of the anywhere because he was a great lead- effect on the press and the public’s Canadian border in the city of New- er, a good decisionmaker, and a good right to know. port. Since then, like many friend. And, they said, he loved to talk Enacting Federal shield legislation Vermonters, we have often found our- about his wife Donna or his two chil- would help to reverse this troubling selves heading to this part of Vermont dren, Nicole and Patrick. trend. In fact, proceeding promptly to to visit friends, go for a hike, or find a So I can only imagine how he must consideration of this legislation is special place to have a meal. The peo- have felt when the Army made special something I strongly support. Should ple of the Northeast Kingdom have arrangements for him to watch his wife the Senate take up the bipartisan made this region of Vermont advance graduate from college. It had been a shield bill that overwhelmingly passed while carefully holding on to the key shared goal between the two of them, in the House, Federal shield legislation elements of their identity. Whether and on the day before Mother’s Day, he could go immediately to the Presi- they are crafting furniture from the sat half-a-world away and watched the dent’s desk and be signed into law forests of the north woods or diversi- dream turn into a reality. He ended without delay this year. fying their family farm, these individ- that day by telling his wife how proud The Senate bill has the support of a uals have helped the communities of he was of her, and that he would call bipartisan coalition of Senators, in- northeastern Vermont grow. This autumn, Michelle Edelbaum and the next day to wish her a happy Moth- cluding Senators SPECTER, SCHUMER, Daria Bishop of the Burlington Free er’s Day. LUGAR, DODD, GRAHAM, and myself, It was a call that would never come. who have all united to cosponsor this Press published an article about a trip Chief Warrant Officer Engeman’s legislation. In addition, more than 50 the two of them shared through the humvee would be struck by a roadside news media and journalism organiza- area, and I ask unanimous consent to bomb later that evening. tions support this legislation, and the have printed in the RECORD the text of From the earliest days of the Repub- call for Senate action on this historic the article offering a glimpse into lic we have held a special place in our bill extends to editorial pages across these ‘‘Kingdom Gems.’’ There being no objection, the mate- hearts for those families who have lost the country, including the New York rials was ordered to be printed in the a loved one in war. Later this week, as Times, Arizona Republic, L.A. Times, RECORD, as follows: part of the White House Commission of Salt Lake Tribune, and San Francisco Remembrance, the family of Chief War- Chronicle, among others. [From The Burlington Free Press, Sept. 30, 2007] rant Officer Engeman will be honored, The Senate and House bills protect KINGDOM GEMS along with the families of other sol- law enforcement interests and safe- (By Michelle Edelbaum) diers, sailors, and marines who have guard national security. Moreover, both of these bills follow the lead of 33 When trees scream with crimson, gold and been lost in combat. orange, head to the Northeast Kingdom for It is altogether right and fitting that States and the District of Columbia world-class leaf peeping. we do this. Chief Warrant Officer which have shield laws, and many With foliage in mind, photographer Daria Engeman answered the call to duty and other States, including Vermont, Bishop and I spent a day exploring the served with honor and distinction. He which recognize a common law report- towns, shops and people that make the area won the respect of his soldiers and the ers’ privilege. Tellingly, the Bush ad- special. We strayed from our loose plan to admiration of his country. ministration has not identified a single follow locals’ hand-drawn maps down scenic dirt back roads to not-to-miss destinations. But those truly timeless qualities— circumstance where a reporters’ privi- On our 13-hour tour we didn’t reach half his laugh, his quirky smile he would lege has caused harm to national secu- the locations on our list, which included give you when you needed his advice, rity or to law enforcement, despite the classic attractions Cabot Creamery, Great and his love for his family—will live in fact that many courts have recognized Vermont Corn Maze, Stephen Huneck’s Dog the hearts of his wife, children, sisters, such a privilege for years. Mountain and Fairbanks Museum. But we and parents forever. When he testified before the Judici- did visit a handful of gems worth a stop. All of West Virginia joins with me ary Committee in favor of Federal GREENSBORO today in keeping the Engemans close shield legislation in 2005, William Twenty-eight years ago an enthusiastic in our hearts and prayers. Safire told the Committee that the es- David Smith and his wife, Willie, took over Highland Lodge in Greensboro from his par- f sence of newsgathering is this: ents and fostered a community-centric gath- [I]f you don’t have sources you trust and ESTABLISHING A FEDERAL STAT- ering place that hosts out-of-town guests and who trust you, then you don’t have a solid community gatherings. ‘‘The Walking La- UTORY FIRST AMENDMENT story—and the public suffers for it. PRIVILEGE dies,’’ a group of 55 women who range in age On behalf of the American public, I from 40 to 86, meet thrice weekly in the din- Mr. LEAHY. Mr. President, The Sen- urge the Senate to protect the public’s ing room for coffee and muffins after they ate Judiciary Committee has consid- right to know by promptly considering exercise. ered and for the first time reported a and passing a Federal shield law. On their recommendation we ate moist, sugar-crusted blueberry muffins, from- bill to establish a Federal statutory f privilege to safeguard the freedom of scratch blueberry pancakes and a fluffy the press. The Free Flow of Informa- KINGDOM GEMS OF VERMONT cheese and veggie omelet with McKenzie sau- sage links. After breakfast, we set out on the tion Act, S. 2035, is bipartisan legisla- Mr. LEAHY. Mr. President, I am lodge’s 30 miles of trails from a grove of tion that was reported on a strong bi- pleased to stand before the Senate soaring pine trees decorated with colorful partisan vote. The House has already today to tell my friends about placards of children’s artwork, courtesy of passed legislation on this same subject, Vermont’s Northeast Kingdom—a place the lodge’s summer campers.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13257 In Greensboro village two stores dominate At Kham’s Thai, chef and manager Souki and therapists who brought me through the retail scene. The Miller’s Thumb, housed Luangrath, whose Essex Junction-based par- the darkest moments of my life and in a former grist mill, is filled with local art- ents own the restaurant, says quality ingre- who are walking with me on the road work, fancy kitchen knickknacks, Italian dients are a priority—he even deveins to recovery. pottery and antiques. Watch water rushing shrimp. Our refreshing late lunch included under the red building through a plexiglass- fresh spring rolls filled with crisp veggies, I am blessed to work with profes- covered hole in the floor. savory coconut Tom Kha soup and saucy sional and talented physical therapists At Willey’s Country Store, customer Doug panang curry with chunks of vegetables. as I continue my recovery. Their con- Aronson of Woodbury declares ‘‘if you can’t Railroad Street in downtown St. fidence in my ability to improve is in- find it here, you can’t find it anyplace.’’ Johnsbury is home to several dozen inde- fectious, and my physical therapists Wine, appliances, groceries, hardware and pendently owned shops and restaurants. motivate me to work harder than I clothes are sold at the town institution, Moose River Lake and Lodge Store sells jew- thought possible. I am confident that housed in a rambling white building that elry with a Southwestern flair, Adirondack with my hard work and the dedication dates to the 1800s and has been owned by the and Amish-style furniture, fine wine kept in Hurst family for five generations. a walk-in vault, art by illustrator Philip R. of my physical therapists, my potential to improve is limitless. CRAFTSBURY Goodwin, quality sportswear and home Throughout my career in the U.S. Look up as you approach Pete’s Greens in decor. Craftsbury. The roof of the farm’s serve- Scottie Raymond, formerly an employee at House and Senate, I have strongly sup- yourself stand is laden with trailing plants, Outdoor Gear Exchange in Burlington, re- ported expanding access to all kinds of flowers and herbs. Peek inside at artful dis- cently opened Kingdom Outdoors, which sells health care professionals. Physical plays of colorful organic vegetables. technical outdoor wear and gear. Raymond therapists provide critical services to Consider yourself lucky if you hit Stardust inked the graffiti-style mural in the skate their patients. In a rural State like shop and lounge downstairs. Bookstore and Cafe on the idyllic Craftsbury ours, where they may be the only pro- Common during its limited school-centric During the day, hit Dylan’s Caf for cre- ative breakfast and lunch combinations, the vider of these services in their commu- hours. The store, run primarily by students nity, physical therapists greatly im- from Craftsbury Academy, sells new and newly opened Village Baker for artisan bread used books, coffee and espresso drinks inside and pastries, or Boxcar and Caboose for cof- prove patient access to care and qual- the quaint 1940s former public library. Part fee drinks and books. If you have time, check ity of life. of the proceeds are given to nonprofit organi- out PODO Shoes, the Northeast Kingdom Ar- This year the Senate is considering zations and granted as scholarships. tisan Guild and Gallery and Frogs and Lily the Medicare Access to Rehabilitation Just outside of town down a long dirt road Pads. Services Act which would repeal the lies Craftsbury Outdoor Center, on Great f annual Medicare outpatient cap on cer- Hosmer Pond with 10 kilometers of trails DEVELOPMENT, RELIEF, AND EDU- tain physical and occupational therapy open for biking and hiking. Ski director services and the Medicare Patient Ac- John Brodhead suggests spending an after- CATION FOR ALIEN MINORS ACT noon canoeing, mountain biking, walking cess to Physical Therapists Act which Mrs. BOXER. Mr. President, I plan to would authorize qualified physical with a naturalist, kayaking or relaxing in an vote in support of the Development, Adirondack chair by the lake. therapists to provide services for Medi- Relief, and Education for Alien Minors care beneficiaries without requiring a GLOVER Act of 2007, better known as the Untold treasures lie within Red Sky Trad- physician referral. It would also pro- DREAM Act. vide for treatment of outpatient ing Co. in Glover. Owner Cheri Safford’s The thousands of talented and hard whimsy is on display in the unique and speech-language pathology services working children and young adults who colorful assortment of vintage house wares, separately from outpatient physical Melmac resin dishware, trays, china tea were brought to this country by their therapy services. I am pleased to sup- cups, garden decor, picture frames and more, parents had nothing to do with the de- port both of these measures, and I com- that fill the maroon barn. cision to disobey our laws. mend them to my colleagues for their Buttery cookies, dense bars and rich choc- I strongly believe this bill will consideration. olate cakes from Safford’s kitchen share strengthen our communities, our econ- counter and refrigerator space with Vermont I encourage everyone to consider omy, and our military by requiring with their health care professionals cheeses, natural sodas and local produce. that undocumented students dem- Don’t miss Safford’s award-winning canned how physical therapy might benefit onstrate good moral character, prove jellies, jams, bread and butter pickles, them, whether recovering from an acci- chutneys and pickled beets—just like Grand- completion of a college or graduate de- dent or illness or seeking preventive ma made. gree, or serve in the U.S. military for 2 care. National Physical Therapy Month Between a bank of beer coolers and a rack years in order to earn legalized status. is a great time to learn more about the of chips at Currier’s Quality Market Inc. I urge my colleagues to support the benefits of physical therapy. stand three stuffed deer and a black bear; DREAM Act. turn the corner into the postal area and f you’ll come face-to-face with a 948-pound f moose. More than 100 taxidermy animals are NATIONAL PHYSICAL THERAPY MESSAGES FROM THE PRESIDENT on display in the one-stop shop, including a MONTH Messages from the President of the porcupine, wild boar, ram and British Mr. JOHNSON. Mr. President, I rise United States were communicated to timberwolf. the Senate by Mr. Williams, one of his Jim Currier, who’s owned the store for 40 today in recognition of National Phys- years with his family, started the ever-grow- ical Therapy Month. What we cur- secretaries. ing collection 25 years ago with a deer head rently celebrate as National Physical f from his father. Hunters with a mount at the Therapy Month began in 1981 as a week EXECUTIVE MESSAGES REFERRED store earn ‘‘bragging rights,’’ said Currier’s long celebration in the month of June. daughter Julie McKay. Coming soon: a red In 1992, that week was extended to a As in executive session the Presiding fox, possum, and snow goose. Officer laid before the Senate messages By 4 p.m. we hadn’t eaten lunch and re- whole month and was moved to Octo- gretfully skipped Bread and Puppet Museum ber. from the President of the United and its ‘‘Cheap Art.’’ We missed Mount Pis- National Physical Therapy Month fo- States submitting sundry nominations gah in Barton, with stunning views of Lake cuses attention on the value of phys- and a treaty which were referred to the Willoughby, biking in Burke at Kingdom ical therapy to one’s health and the appropriate committees. Trails, and a mandarin orange chicken salad contributions of physical therapists to (The nominations received today are at River Garden Cafe. We also passed on flat the health of their communities. This printed at the end of the Senate pro- bread and microbrews at Trout River Brew- ceedings.) ing Co. in Lyndonville and coffee and chit- year National Physical Therapy Month chat at Miss Lyndonville Diner. is focusing on obesity because physical f ST. JOHNSBURY activity is a crucial component of weight loss and better health. MESSAGES FROM THE HOUSE Instead we split for St. Johnsbury, where local-food-centric Elements Food and Spir- My understanding of physical ther- At 2:22 p.m., a message from the its, like many destinations in the Northeast apy has greatly increased over the past House of Representatives, delivered by Kingdom that have irregular hours, isn’t several months. I owe a debt of grati- Mrs. Cole, one of its reading clerks, an- open on Monday. tude to a great many doctors, nurses, nounced that the House has passed the

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13258 CONGRESSIONAL RECORD — SENATE October 23, 2007 following bills, in which it requests the H.R. 3775. An act to support research and implementation of the Platte River Recov- concurrence of the Senate: development of new industrial processes and ery Implementation Program for Endangered technologies that optimize energy efficiency Species in the Central and Lower Platte H.R. 53. An act to authorize the Secretary and environmental performance, utilize di- River Basin and to modify the Pathfinder of the Interior to enter into a long-term verse sources of energy, and increase eco- Dam and Reservoir; to the Committee on En- lease with the Government of the United nomic competitiveness. ergy and Natural Resources. States Virgin Islands to provide land on the H.R. 3776. An act to provide for research, H.R. 1803. An act to direct the Secretary of island of Saint John, Virgin Islands, for the development, and demonstration programs the Interior to conduct a feasibility study to establishment of a school, and for other pur- in advanced storage systems for electric design and construct a four reservoir intertie poses. drive vehicles, stationary applications, and system for the purposes of improving the H.R. 189. An act to establish the Paterson electricity transmission and distribution ap- water storage opportunities, water supply re- Great Falls National Historical Park in the plications, to support the ability of the liability, and water yield of San Vicente, El State of New Jersey and for other purposes. H.R. 523. An act to require the Secretary of United States to remain globally competi- Capitan, Murray, and Loveland Reservoirs in the Interior to convey certain public land lo- tive in this field, and to promote the effi- San Diego County, California in consultation cated wholly or partially within the bound- cient delivery and use of energy. and cooperation with the City of San Diego aries of the Wells Hydroelectric Project of and the Sweetwater Authority, and for other Public Utility District No. 1 of Douglas At 5:04 p.m., a message from the purposes; to the Committee on Energy and County, Washington, to the utility district. House of Representatives, delivered by Natural Resources. H.R. 767. An act to protect, conserve, and Mrs. Cole, one of its reading clerks, an- H.R. 1855. An act to authorize the Sec- restore native fish, wildlife, and their nat- nounced that the House agrees to the retary of the Interior, acting through the Bureau of Reclamation to enter into a coop- ural habitats at national wildlife refuges amendment of the Senate to the bill through cooperative, incentive-based grants erative agreement with the Madera Irriga- (H.R. 327) to amend title 38, United tion District for purposes of supporting the to control, mitigate, and eradicate harmful States Code, to direct the Secretary of nonnative species, and for other purposes. Madera Water Supply Enhancement Project; H.R. 783. An act to modify the boundary of Veterans Affairs to develop and imple- to the Committee on Energy and Natural Re- Mesa Verde National Park, and for other ment a comprehensive program de- sources. purposes. signed to reduce the incidence of sui- H.R. 2197. An act to modify the boundary of H.R. 813. An act to amend the Reclamation cide among veterans. the Hopewell Culture National Historical Park in the State of Ohio, and for other pur- Wastewater and Groundwater Study and Fa- f cilities Act to authorize the Secretary of the poses; to the Committee on Energy and Nat- Interior to participate in the Prado Basin MEASURES REFERRED ural Resources. Natural Treatment System Project, to au- H.R. 3775. An act to support research and The following bills were read the first development of new and industrial processes thorize the Secretary to carry out a program and the second times by unanimous to assist agencies in projects to construct re- and technologies that optimize energy effi- gional brine lines in California, to authorize consent, and referred as indicated: ciency and environmental performance, uti- the Secretary to participate in the Lower H.R. 53. An act to authorize the Secretary lize diverse sources of energy, and increase Chino Dairy Area desalination demonstra- of the Interior to enter into a long-term economic competitiveness; to the Committee tion and reclamation project, and for other lease with the Government of the United on Energy and Natural Resources. purposes. States Virgin Islands to provide land on the H.R. 3776. To provide for research, develop- H.R. 830. An act to authorize the exchange island of Saint John, Virgin Islands, for the ment, and demonstration programs in ad- of certain interests in land in Denali Na- establishment of a school, and for other pur- vanced energy storage systems for electric tional Park in the State of Alaska. poses; to the Committee on Energy and Nat- drive vehicles, stationary applications, and H.R. 1205. An act to reauthorize the Coral ural Resources. electricity transmission and distribution ap- Reef Conservation Act of 2000, and for other H.R. 189. An act to establish the Paterson plications, to support the ability of the purposes. Great Falls National Park in the State of United States to remain globally competi- H.R. 1337. An act to provide for a feasi- New Jersey; to the Committee on Energy tive in this field, and to promote the effi- bility study of alternatives to augment the and Natural Resources. cient delivery and use of energy; to the Com- water supplies of the Central Oklahoma Mas- H.R. 523. An act to require the Secretary of mittee on Energy and Natural Resources. ter Conservancy District and cities served by the Interior to convey certain public land lo- f the District. cated wholly or partially within the bound- H.R. 1462. An act to authorize the Sec- aries of the Wells Hydroelectric Project of MEASURES PLACED ON THE retary of the Interior to participate in the Public Utility District No.1 of Douglas Coun- CALENDAR ty, Washington, to the utility district; to the implementation of the Platte River Recov- The following bills were read the first ery Implementation Program for Endangered Committee on Energy and Natural Re- Species in the Central and Lower Platte sources. and second times by unanimous con- River Basin and to modify the Pathfinder H.R. 767. An act to protect, conserve, and sent, and placed on the calendar: Dam and Reservoir. restore native fish, wildlife, and their nat- H.R. 1337. An act to provide for a feasi- H.R. 1803. An act to direct the Secretary of ural habitats at national wildlife refuges bility study of alternatives to augment the the Interior to conduct a feasibility study to through cooperative, incentive-based grants water supplies of the Central Oklahoma Mas- design and construct a four reservoir intertie to control, mitigate, and eradicate harmful ter Conservancy District and cities served by system for the purposes of improving the nonnative species, and for other purposes; to the District. water storage opportunities, water supply re- the Committee on Energy and Natural Re- H.R. 2094. An act to provide for certain ad- liability, and water yield of San Vicente, El sources. ministrative and support services for the Capitan, Murray, and Loveland Reservoirs in H.R. 813. An act to amend the Reclamation Dwight D. Eisenhower Memorial Commis- San Diego County, California in consultation Wastewater and Groundwater Study and Fa- sion, and for other purposes. and cooperation with the City of San Diego cilities Act to authorize the Secretary of the f and the Sweetwater Authority, and for other Interior to participate in the Prado Basin purposes. Natural Treatment System Project, to au- MEASURES READ THE FIRST TIME H.R. 1855. An act to authorize the Sec- thorize the Secretary to carry out a program retary of the Interior, acting through the to assist agencies in projects to construct re- The following bills were read the first Bureau of Reclamation to enter into a coop- gional brine lines in California, to authorize time: erative agreement with the Madera Irriga- the Secretary to participate in the Lower S. 2216. A bill to amend the Internal Rev- tion District for purposes of supporting the Chino Dairy Area desalination demonstra- enue Code of 1986 to extend the Indian em- Madera Water Supply Enhancement Project. tion and reclamation project, and for other ployment credit and the depreciation rules H.R. 2094. An act to provide for certain ad- purposes; to the Committee on Energy and for property used predominantly within an ministrative and support services for the Natural Resources. Indian reservation. Dwight D. Eisenhower Memorial Commis- H.R. 830. An act to authorize the exchange S. 2217. A bill to amend the Internal Rev- sion, and for other purposes. of certain interests in land in Denali Na- enue Code of 1986 to extend the taxable in- H.R. 2197. An act to modify the boundary of tional Park in the State of Alaska; to the come limit on percentage depletion for oil the Hopewell Culture National Historical Committee on Energy and Natural Re- and natural gas produced from marginal Park in the State of Ohio, and for other pur- sources. properties. poses. H.R. 1205. An act to reauthorize the Coral H.R. 3564. An act to amend title 5, United Reef Conservation Act of 2000, and for other f States Code, to authorize appropriations for purposes; to the Committee on Commerce, PETITIONS AND MEMORIALS the Administrative Conference of the United Science, and Transportation. States through fiscal year 2011, and for other H.R. 1462. An act to authorize the Sec- The following petitions and memo- purposes. retary of the Interior to participate in the rials were laid before the Senate and

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13259 were referred or ordered to lie on the neighborhoods. Funding is also used to pro- sels, and it is estimated that freight volume table as indicated: vide entrepreneurship training to urban will more than double in the Los Angeles re- POM–235. A resolution adopted by the farmers, again encouraging local specialty gion over the next 20 years; and Whereas, marine vessels at California’s Board of County Commissioners of Miami- crop farmers in Michigan. However, main- ports emit large amounts of diesel particu- Dade County of the State of Florida com- taining current funding for the Community late matter (PM), nitrogen oxides (NOx), and mending the Florida officials who provided Food Projects is important to promoting sulfur oxides (SOx), and for the installation of guardrails along bod- healthy, locally grown foods in low-income Whereas, most marine vessels use high ies of water and in roadway medians; to the communities; and Whereas, the emphasis on traditional crops emitting diesel bunker fuel, a low quality pe- Committee on Commerce, Science, and in the allocation of farm subsidies has re- troleum, high in sulfur, that is capable of Transportation. producing approximately 50 times more POM–236. A resolution adopted by the sulted in a loss of fruit and vegetable farm- haze-forming pollutants than the dirtiest Board of County Commissioners for Miami- ers as well as a decrease in the acreage of trucks on our nation’s highways; and Dade County of the State of Florida urging specialty crop farmland used for farming na- Whereas, bunker fuel used by marine ves- the Florida Legislature to designate West tionwide. At the current rate, Michigan will sels contains, on average, 27,000 parts per Flagler Street from 13 Avenue to 14 Avenue lose 15 percent of its agricultural land by million (ppm) of sulfur, compared to the 15 as Father Emilio Vallina Avenue; to the 2040, including 25 percent of the acreage used ppm of sulfur allowed in diesel fuel used by Committee on Commerce, Science, and to grow fruit and 36 percent of the acreage used to grow dry beans. The Michigan House heavy-duty trucks in the U.S.; and Transportation. Whereas, the pollutants emitted from POM–237. A resolution adopted by the of Representatives supports the federal gov- burning bunker fuel cause environmental Iberville Parish Council of the State of Lou- ernment encouraging and providing pro- problems such as smog, soot, acid rain and isiana urging Congress to vote in favor of grams and assistance to farm operations global climate change, as well as damaging H.R. 1229, the ‘‘Non-Market Economy Trade that grow fruits and vegetables including but health effects such as asthma and cancer—as Remedy Act of 2007’’; to the Committee on not limited to asparagus, cherries, apples, reported by the California Air Resource Finance. carrots, beets, lettuce, celery, squash, pota- Board’s Emission Reduction Plan for Ports POM–238. A resolution adopted by the toes, peppers, pumpkins etc: Now, therefore, and Goods Movement, air pollution from Edina City Council of the State of Minnesota be it California’s ports is the cause of 750 pre- endorsing the United Nations principle of the Resolved by the House of Representatives, mature deaths each year; and Responsibility to Protect; to the Committee That we encourage Congress and the United Whereas, in 2006, Maersk, Inc., which oper- on Foreign Relations. States Department of Agriculture to imple- POM–239. A resolution adopted by the ment food policies that promote healthy ates the largest container terminal in the Gretna City Council of the State of Lou- food, farms, and communities by encour- Los Angeles harbor, voluntarily switched all isiana expressing its support for the imple- aging local production of fruits and vegeta- 37 of its cargo ships to low-sulfur fuel, prov- mentation of legislation that would improve bles by specialty crop farmers; and be it fur- ing that it is feasible for marine vessels to and eliminate barriers contained in the No ther use environmentally safer fuels, and Whereas, the U.S. Environmental Protec- Child Left Behind Act of 2001; to the Com- Resolved, That copies of this resolution be tion Agency (EPA) announced a delay until mittee on Health, Education, Labor, and transmitted to the President of the United December 2009 to adopt new emission and Pensions. States Senate, the Speaker of the United POM–240. A resolution adopted by the States House of Representatives, the Sec- fuel regulations for big ocean ship propulsion House of Representatives of the State of retary of the United States Department of engines and there is no assurance that the Michigan urging Congress to implement food Agriculture, and the members of the Michi- rules will be adopted by then or that they policies that promote healthy food, farms, gan congressional delegation. will be strict enough to significantly reduce and communities by encouraging local pro- air pollution; and Whereas, the United Nations International duction of fruits and vegetables by specialty POM–241. A resolution adopted by the Cali- Maritime Organization has before it a pro- crop farmers; to the Committee on Agri- fornia State Lands Commission expressing posal, supported by the EPA, World Shipping culture, Nutrition, and Forestry. its support for legislation which would re- Council, Pacific Maritime Shipping Associa- HOUSE RESOLUTION NO. 156 duce pollution from marine vessels that use the nation’s ports; to the Committee on En- tion, and U.S. Coast Guard, to develop, Whereas, the federal Farm Bill tradition- vironment and Public Works. among other things, stringent new standards ally provides crop subsidies to corn, wheat, on sulfur content in fuel used by marine ves- soybean, and cotton farmers, and less than 40 RESOLUTION sels; however, it is uncertain if enough na- percent of all United States farmers and Whereas, California’s 1,100 mile coastline, tions will support this proposal; and ranchers actually receive any kind of sub- with its beautiful beaches, wild cliffs, abun- Whereas, the Marine Vessel Emissions Re- sidy from the federal government. However, dant fish stocks and fragile environment is a duction Act bill, introduced by Senators there are many different kinds of farmers, national treasure and a valuable state re- Boxer and Feinstein through S. 1499, and both in Michigan and nationwide, growing source, which is at the heart of a tourist in- Congresswoman Solis through H.R. 2548, nutritious and affordable fruits and vegeta- dustry that generates nearly five billion dol- seeks to regulate the emissions of domestic bles that are vital to the health and well- lars in state and local taxes each year; and is and foreign-flagged marine vessels entering being of Americans. Government support central to the state’s $46 billion ocean econ- or leaving U.S. ports or offshore terminals; must emphasize nutritious, affordable, and omy; and and locally available foods; and Whereas, the California State Lands Com- Whereas, specifically, the Marine Vessel Whereas, the Farm Security and Rural In- mission has jurisdiction over the state- Emissions Reduction Act, if passed, will vestment Act of 2002 (the 2002 Farm Bill) en- owned tide and submerged lands below the mandate the EPA to set limits on the sulfur courages institutions participating in the mean high tide line out to three miles from content of fuel used by these vessels, if they school lunch program to purchase locally the coast as well as the lands underlying are within a certain distance from the coast produced foods for school meals. While the California’s bays, lakes, and rivers; and (for the west coast, it is 200 miles), to no real price of fruits and vegetables has in- Whereas, the Commission is charged with more than 1,000 ppm beginning December creased by 40 percent since 1985, the cost of managing these lands pursuant to the Public 31,2010, unless the EPA determines that such junk foods and sodas has declined by as Trust Doctrine, common law that requires a limit is not technically feasible, in which much as 20 percent. We need to encourage these lands to be used for commerce, fishing, case there will be an interim limit of 2,000 the choice of fresh fruits and vegetables by navigation, recreation, and environmental ppm; and purchasing locally grown produce and other protection; and Whereas, the Marine Vessel Emissions Re- foods, thereby supporting local farmers and Whereas, the impacts of air pollution af- duction Act, if passed, will also mandate the benefiting students in need of high quality, fect the public trust values of the lands EPA to establish standards for new and in- nutritious food products. However, the under the Commission’s jurisdiction and the use engines in marine vessels that will re- USDA continues to discourage efforts by utility of these lands to the public, future quire the maximum degree of emission re- schools and other institutions to develop generations, and the environment; and duction for PM, NOx, hydrocarbons, and car- these important programs. The USDA claims Whereas, most commercial goods imported bon monoxide achievable by no later than that 7 CFR 3016.60(c) clearly prohibits the to the United States come through our na- January 1, 2012; therefore, be it use of state or local geographic preferences tion’s ports by means of marine vessels; and Resolved by the California State Lands Com- and that all purchases are to be made com- Whereas, California is home to the busiest mission, that it supports the Marine Vessel petitively; and ports in the nation, with large volumes of Emissions Reduction Act (S. 1499 and H.R. Whereas, the Community Food Projects, a international goods entering through the 2548), which would reduce the emissions of federally funded program designed to fight Ports of Los Angeles, Long Beach, and Oak- air pollutants from marine vessels, including food insecurity through development of local land, which rank as the first, second, and foreign-flagged vessels, entering or leaving food projects, promotes self-sufficiency of fourth busiest ports in the country, respec- U.S. ports or offshore terminals; and be it low-income communities. Grants from this tively; and further program support urban nonprofits and urban Whereas, in 2004, 1,900 ships visited Califor- Resolved, That the Commission’s Executive residents in growing fresh vegetables in their nia’s ports, 87% of which were foreign ves- Officer transmit copies of this resolution to

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13260 CONGRESSIONAL RECORD — SENATE October 23, 2007 the President and Vice President of the much as 40 percent over current fuel econ- to extend the H2B returning worker exemp- United States, to the Governor of California, omy standards—and requires vehicle fuel tion permanently; to the Committee on the to the Majority and Minority Leaders of the economy to be increased to the maximum Judiciary. United States Senate, to the Speaker and feasible level in the years leading up to 2022; SENATE RESOLUTION NO. 96 Minority Leader of the United States House and Whereas, seasonal workers are a key com- Whereas, H.R. 2927, while challenging, will of Representatives, to the Chairs and Rank- ponent of our state’s and our nation’s tour- provide automakers more reasonable lead ing Minority Members of the Senate Com- ism and recreation industries. Annually, time to implement technology changes in mittee on Environment and Public Works, thousands of young men and women use sea- both the near and long term. Model year 2008 the House Committee on Energy and Com- sonal employment to begin their journey on merce, and to each Senator and Representa- vehicles are already available today, and product and manufacturing planning is done the path to a career. Many tourism areas, tive from California in the Congress of the however, do not have the populations nec- United States. through Model Year 2012. H.R. 2927 recog- nizes the critical need for engineering lead essary to fill all the seasonal jobs available. In Michigan, for example, world-renowned POM–242. A resolution adopted by the times necessary for manufacturers to make Mackinac Island hires up to 4,500 seasonal House of Representatives of the State of significant changes to their fleets; and workers each year. Its 500 year-around resi- Michigan urging Congress to address the re- Whereas, H.R. 2927 respects consumer dents cannot begin to supply the workforce cent approval of increased pollution by Brit- choice by protecting the important func- necessary for peak-season employment lev- ish Petroleum into the Great Lakes; to the tional differences between passenger cars and light trucks/SUVs. Last year, 2006, was els; and Committee on Environment and Public Whereas, foreign workers supplement the Works. the sixth year in a row that Americans bought more trucks, minivans, and SUVs seasonal staff needs in a host of our tourism HOUSE RESOLUTION NO. 172 than passenger cars, because they value at- and recreation destinations. Many of these Whereas, Lake Michigan is a national tributes such as passenger and cargo load ca- employees are in our country under the H2B treasure and a vital natural resource shared pacity, four-wheel drive, and towing capa- visa program; and by four states in trust for the entire nation. bility that most cars are not designed to pro- Whereas, all workers under the H2B visa Lake Michigan is a drinking water source for vide; and program are here legally, are tracked by the millions of people and a recreational haven Whereas, while some would like fuel econ- federal government to ensure they are doing for swimming, fishing, and boating in all the omy increases to be much more aggressive the work their visa is intended for, and are states. Tourism and recreation based around and be implemented with much less lead paid under federally prescribed wage scales; Lake Michigan are worth billions of dollars time, Corporate Average Fuel Economy and each year to these states’ economies; and (CAFE) standards must be set at levels and Whereas, Congress took action to help al- Whereas, Michigan and the other states in time frames that do not impose economic leviate problems with the H2B visa program bordering Lake Michigan rely on the federal harm on the manufacturers, suppliers, deal- by capping the number of visas available at Clean Water Act to limit polluted discharges ers, and others in the auto industry; and 66,000, but also exempting workers who al- originating from other states. Pollution Whereas, proponents of unrealistic and un- ready held an H2B visa. This action ensures originating from any state can negatively af- attainable CAFE standards cite Europe’s 35 that there is enough of a workforce available fect the public health and economy of the mpg fuel economy, without ever mentioning for those industries that depend on seasonal other states that use Lake Michigan water. Europe’s $6 per gallon gasoline prices, the workers; and Improving and preserving Lake Michigan’s high sales of diesel vehicles, the high propor- Whereas, there is a sunset in the law on water quality are imperative to support the tion of Europeans driving manual trans- the federal level that would remove the re- many uses of its water; and mission vehicles (80 percent in Europe vs. 8 turning worker exemption. As of September Whereas, despite provisions in the federal percent in the U.S.), the significant dif- 30, 2007, every returning worker will again be Clean Water Act that prohibit degradation of ferences in the size mix of vehicles, or that considered a new worker and be forced to water quality, the Indiana Department of trucks and SUVs are virtually nonexistent apply under the 66,000 visa limit. This cap Environmental Management approved, and among Europe households; and had been reached for each of the previous few the United States Environmental Protection Whereas, proponents of unreasonable years before Congress took action, just as Agency concurred with, a permit that allows CAFE standards claim they will save con- the national economy has surged and more the British Petroleum (BP) refinery in Whit- sumers billions, but they neglect to talk and more people are traveling. The cap also ing, Indiana, to increase significantly the about the upfront costs of such changes to distorted hiring patterns across the nation, dumping of industrial pollutants into Lake the manufacturers of meeting unduly strict as employers are forced to put on workers Michigan. These discharges threaten other CAFE standards—more than $100 billion, ac- far beyond service needs to help assure that uses of Lake Michigan water and are incon- cording to the National Highway Traffic they will have the employees they need when sistent with regional efforts to clean up the Safety Administration—which will lead to their season begins; and Great Lakes; and vehicle price increases of several thousand Whereas, legislation has been introduced in Whereas, this decision sets a poor prece- dollars; and Congress to revise the H2B visa program. dent for the future. States could approve in- Whereas, proponents of unrealistic CAFE The measure would extend the H2B returning creased pollution discharges to interstate standards ignore the potential safety im- worker exemption by removing the sunset waters for industries that economically ben- pacts of downsized vehicles on America’s language from current law. Clearly, this is efit that state at the expense of other states highways and overlook the historical role an issue that needs prompt action: Now, that rely on that water: Now, therefore, be it and critical importance of manufacturing therefore, be it Resolved by the House of Representatives, plants to our national and economic secu- Resolved by the Senate, That we memori- That we urge the Congress of the United rity. They seem unconcerned about threats alize the Congress of the United States to States and the United States Environmental to the 7.5 million jobs that are directly and continue exempting returning workers al- Protection Agency to address the recent ap- indirectly dependent on a vibrant auto in- lowed into this country under the H2B visa proval of increased pollution by British Pe- dustry in the United States. They also seem program by passing H.R. 1843; and be it fur- troleum into the Great Lakes; and be it fur- unconcerned about maintaining CAFE rules ther ther that require the continuance of small car Resolved, That copies of this resolution be Resolved, That copies of this resolution be production in the United States; and transmitted to the President of the United transmitted to the President of the United Whereas, H.R. 2927 is a reasonable bill that States Senate, the Speaker of the United States Senate, the Speaker of the United balances a number of important public pol- States House of Representatives, and the States House of Representatives, the mem- icy concerns. The bill represents a tough but Michigan congressional delegation. bers of the Michigan congressional delega- fair compromise that deserves serious con- tion, and the Administrator of the United sideration and support: Now, therefore, be it POM–245. A resolution adopted by the Resolved by the House of Representatives, States Environmental Protection Agency. House of Representatives of the State of That we memorialize the United States Con- Michigan urging Congress to continue ex- POM–243. A resolution adopted by the gress to enact H.R. 2927, which responsibly empting returning workers from the cap on House of Representatives of the State of balances achievable fuel economy increases H2B visas; to the Committee on the Judici- Michigan urging Congress to enact H.R. 2927, with important economic and social con- ary. cerns, including consumer demand; and be it which responsibly balances achievable fuel HOUSE RESOLUTION NO. 183 economy increases with important economic further Resolved, That copies of this resolution be Whereas, seasonal workers are an essential and social concerns; to the Committee on transmitted to the President of the United component of the tourism and recreational Environment and Public Works. States Senate, the Speaker of the United industries of our state and nation. Even HOUSE RESOLUTION NO. 165 States House of Representatives, and the though thousands of young people use sea- Whereas, H.R. 2927 sets tough fuel economy members of the Michigan congressional dele- sonal employment to begin their journey on standards without off ramps or loopholes, by gation. the path to a career, many tourism areas do requiring separate car and truck standards not have the populations necessary to fill all to meet a total fleet fuel economy between POM–244. A resolution adopted by the Sen- the seasonal jobs available. In Michigan, for 32 and 35 mpg by 2022—an increase of as ate of the State of Michigan urging Congress example, Mackinac Island hires up to 4,500

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13261 seasonal workers each year. The island’s 500 have been ineligible for Department of Vet- Armed Forces who were exposed to ionizing year-round residents cannot supply the erans Affairs (VA) medical care. These Pri- radiation as a result of participation in a workforce necessary for peak season employ- ority 8 category veterans may lack other test of atomic weapons; to the Committee on ment levels; and sources of health care, and so ineligibility Armed Services. Whereas, foreign workers supplement the for VA health care could be a threat to their By Mr. DURBIN (for himself, Mr. seasonal staff needs in a host of our tourism long-term health. Even veterans without evi- AKAKA, Ms. STABENOW, Mrs. BOXER, and recreation destinations. Many of these dent war-related injuries or illnesses could and Mr. OBAMA): employees are in our country under the H2B have hidden health issues that can evolve S. 2219. A bill to amend title XVIII of the visa program; and into serious problems. Infections or viruses Social Security Act to deliver a meaningful Whereas, all workers under the H2B visa from serving in foreign lands might not re- benefit and lower prescription drug prices program are here legally, are tracked by the veal themselves until later in life. In addi- under the Medicare Program; to the Com- federal government to ensure they are doing tion, veterans with combat wounds such as mittee on Finance. the work prescribed under their visa, and are traumatic brain injury (TSI) from blast ef- By Mr. AKAKA (for himself, Mr. paid under federally prescribed wage scales; fects or post-traumatic stress disorder INOUYE, and Mr. MARTINEZ): and (PTSD) may not display symptoms for years. S. 2220. A bill to amend the Outdoor Recre- Whereas, according to the Michigan Travel Without early access to the VA healthcare ation Act of 1963 to authorize certain appro- Commission, the travel and tourism industry system, veterans may not have the benefits priations; to the Committee on Energy and is a $17.5 billion industry in the state of of medical monitoring and early interven- Natural Resources. Michigan, contributing $971 million annually tion in developing health issues; and By Mr. GRASSLEY (for himself and to the state treasury. This industry is de- Whereas, Congress has before it two bills Mr. SPECTER): pendent upon seasonal workers in order to do that would restore VA eligibility to these S. 2221. A bill to amend title XVIII of the business; and Priority 8 veterans under current standards Social Security Act to provide for the re- Whereas, recently, the Congress of the with income levels too high and no service- porting of sales price data for implantable United States took action to help alleviate connected disability. In the House of Rep- medical devices; to the Committee on Fi- problems with the H2B visa program by cap- resentatives, HR 463 would restore this eligi- nance. ping the number of visas available at 66,000 bility, while in the Senate, S 1147 has been f but also exempting workers who already introduced. We owe it to our veterans to act have H2B visas. This action ensured that on this legislation to ensure that any long- ADDITIONAL COSPONSORS there is enough of a workforce available for term problems that may not be currently S. 507 those industries that depend on seasonal evident can be identified and treated in a At the request of Mr. CONRAD, the workers; and timely manner. Providing quality health names of the Senator from Minnesota Whereas, currently, there is a sunset in the care is part of our duty as a nation to our (Mr. COLEMAN) and the Senator from law at the federal level that would remove veterans, and there is no excuse for failing to the returning worker exemption. As of Sep- right this mistake: Now, therefore, be it California (Mrs. BOXER) were added as tember 30, 2007, every returning worker Resolved by the House of Representatives, cosponsors of S. 507, a bill to amend would again be considered a new worker and That we memorialize the United States Con- title XVIII of the Social Security Act be forced to apply under the 66,000 visa limit. gress to reestablish medical care for certain to provide for reimbursement of cer- This cap had been reached for each of the veterans whose income and disability status tified midwife services and to provide previous few years before Congress took ac- disqualified them for Department of Vet- for more equitable reimbursement tion, just as the national economy has erans Affairs medical care as of January 17, rates for certified nurse-midwife serv- surged and more and more people are trav- 2003; and be it further ices. eling. This cap also distorted hiring patterns Resolved, That copies of this resolution be across the nation, as employers are forced to transmitted to the President of the United S. 719 put on workers far beyond service needs to States Senate, the Speaker of the United At the request of Mr. LAUTENBERG, help assure that they will have the employ- States House of Representatives, and the the name of the Senator from New ees they need when their season begins; and members of the Michigan congressional dele- York (Mr. SCHUMER) was added as a co- Whereas, legislation has been introduced in gation. sponsor of S. 719, a bill to amend sec- the Congress of the United States to revise the H2B visa program. The measure would f tion 10501 of title 49, United States Code, to exclude solid waste disposal extend the H2B returning worker exemption REPORTS OF COMMITTEES by removing the sunset language from cur- from the jurisdiction of the Surface rent law. Clearly, this is an issue that needs The following reports of committees Transportation Board. prompt action: Now, therefore, be it were submitted: S. 940 Resolved by the House of Representatives, By Mr. LEAHY, from the Committee on At the request of Mr. BAUCUS, the That we memorialize the Congress of the the Judiciary, with an amendment in the na- name of the Senator from New York United States to continue exempting return- ture of a substitute and an amendment to (Mr. SCHUMER) was added as a cospon- ing workers from the cap on H2B visas; and the title: be it further S. 1845. A bill to provide for limitations in sor of S. 940, a bill to amend the Inter- Resolved, That copies of this resolution be certain communications between the Depart- nal Revenue Code of 1986 to perma- transmitted to the President of the United ment of Justice and the White House Office nently extend the subpart F exemption States Senate, the Speaker of the United relating to civil and criminal investigations, for active financing income. States House of Representatives, and the and for other purposes (Rept. No. 110–203). S. 961 members of the Michigan congressional dele- At the request of Mr. NELSON of Ne- gation. f braska, the name of the Senator from INTRODUCTION OF BILLS AND New Hampshire (Mr. SUNUNU) was POM–246. A resolution adopted by the JOINT RESOLUTIONS House of Representatives of the State of added as a cosponsor of S. 961, a bill to Michigan urging Congress to reestablish The following bills and joint resolu- amend title 46, United States Code, to medical care for certain veterans whose in- tions were introduced, read the first provide benefits to certain individuals come and disability status disqualified them and second times by unanimous con- who served in the United States mer- for medical care as of January 17, 2003; to the sent, and referred as indicated: chant marine (including the Army Committee on Veterans’ Affairs. By Mr. INHOFE: Transport Service and the Naval HOUSE RESOLUTION NO. 175 S. 2216. A bill to amend the Internal Rev- Transport Service) during World War Whereas, we have been at war for nearly enue Code of 1986 to extend the Indian em- II, and for other purposes. six years since the September 11th terrorist ployment credit and the depreciation rules S. 972 attacks on our soil. During this time, Amer- for property used predominantly within an ican military personnel have served around Indian reservation; read the first time. At the request of Mr. LAUTENBERG, the world in combat. The wounds and ill- By Mr. INHOFE (for himself and Mr. the name of the Senator from Con- nesses that they may endure as the result of ROBERTS): necticut (Mr. DODD) was added as a co- this service in our defense could affect them S. 2217. A bill to amend the Internal Rev- sponsor of S. 972, a bill to provide for for a lifetime. It is our responsibility as a na- enue Code of 1986 to extend the taxable in- the reduction of adolescent pregnancy, tion to honor their service and sacrifice by come limit on percentage depletion for oil HIV rates, and other sexually trans- doing all we can to restore their health and and natural gas produced from marginal mitted diseases, and for other purposes. opportunities in civilian life; and properties; read the first time. Whereas, beginning January 17, 2003, vet- By Mr. ROBERTS: S. 982 erans with income above certain levels and S. 2218. A bill to provide for the award of a At the request of Mrs. MURRAY, her who have no service-connected disability military service medal to members of the name was added as a cosponsor of S.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13262 CONGRESSIONAL RECORD — SENATE October 23, 2007 982, a bill to amend the Public Health military service, and for other pur- treatment and services provided by the Service Act to provide for integration poses. Department of Veterans Affairs to vet- of mental health services and mental S. 1847 erans with post-traumatic stress dis- health treatment outreach teams, and At the request of Mr. DURBIN, the order and substance use disorders, and for other purposes. name of the Senator from Pennsyl- for other purposes. S. 1200 vania (Mr. CASEY) was added as a co- S. 2166 At the request of Mr. DORGAN, the sponsor of S. 1847, a bill to reauthorize At the request of Mr. CASEY, the names of the Senator from New York the Consumer Product Safety Act, and name of the Senator from Illinois (Mr. (Mr. SCHUMER) and the Senator from for other purposes. DURBIN) was added as a cosponsor of S. Massachusetts (Mr. KERRY) were added S. 1870 2166, a bill to provide for greater re- as cosponsors of S. 1200, a bill to amend At the request of Mr. FEINGOLD, the sponsibility in lending and expanded the Indian Health Care Improvement name of the Senator from Washington cancellation of debts owed to the Act to revise and extend the Act. (Ms. CANTWELL) was added as a cospon- United States and the international fi- S. 1375 sor of S. 1870, a bill to amend the Fed- nancial institutions by low-income At the request of Mr. MENENDEZ, the eral Water Pollution Control Act to countries, and for other purposes. name of the Senator from Illinois (Mr. clarify the jurisdiction of the United S. 2190 OBAMA) was added as a cosponsor of S. States over waters of the United At the request of Mr. ROCKEFELLER, 1375, a bill to ensure that new mothers States. the name of the Senator from Mary- and their families are educated about S. 2004 land (Mr. CARDIN) was added as a co- postpartum depression, screened for At the request of Mrs. MURRAY, the sponsor of S. 2190, a bill to amend title symptoms, and provided with essential name of the Senator from Arkansas XVIII of the Social Security Act to services, and to increase research at (Mrs. LINCOLN) was added as a cospon- provide for the inclusion of barbitu- the National Institutes of Health on sor of S. 2004, a bill to amend title 38, rates and bezodiazepines as covered postpartum depression. United States Code, to establish epi- part D drugs beginning in 2008. S. 1395 lepsy centers of excellence in the Vet- S. 2205 At the request of Mr. LEVIN, the erans Health Administration of the De- At the request of Mr. DURBIN, the name of the Senator from Rhode Island partment of Veterans Affairs, and for name of the Senator from Vermont (Mr. WHITEHOUSE) was added as a co- other purposes. (Mr. LEAHY) was added as a cosponsor of S. 2205, a bill to authorize the can- sponsor of S. 1395, a bill to prevent un- S. 2022 cellation of removal and adjustment of fair practices in credit card accounts, At the request of Mr. JOHNSON, the status of certain alien students who and for other purposes. name of the Senator from Wisconsin are long-term United States residents S. 1413 (Mr. FEINGOLD) was added as a cospon- and who entered the United States as At the request of Ms. MIKULSKI, the sor of S. 2022, a bill to prohibit the clo- children, and for other purposes. name of the Senator from Arkansas sure or relocation of any county office AMENDMENT NO. 3364 (Mrs. LINCOLN) was added as a cospon- of the Farm Service Agency until at At the request of Mr. COLEMAN, the sor of S. 1413, a bill to provide for re- least one year after the enactment of name of the Senator from South Da- search and education with respect to an Act to provide for the continuation kota (Mr. JOHNSON) was added as a co- uterine fibroids, and for other pur- of agricultural programs for fiscal sponsor of amendment No. 3364 in- poses. years after 2007. tended to be proposed to H.R. 3043, a S. 2087 S. 1445 bill making appropriations for the De- At the request of Mr. DORGAN, the At the request of Mrs. BOXER, her partments of Labor, Health and Human name of the Senator from Arizona (Mr. name was added as a cosponsor of S. Services, and Education, and related KYL) was added as a cosponsor of S. 1445, a bill to amend the Public Health agencies for the fiscal year ending Sep- 2087, a bill to amend certain laws relat- Service Act to direct the Secretary of tember 30, 2008, and for other purposes. Health and Human Services to estab- ing to Native Americans to make tech- AMENDMENT NO. 3376 lish, promote, and support a com- nical corrections, and for other pur- At the request of Mr. DURBIN, his poses. prehensive prevention, research, and name was added as a cosponsor of medical management referral program S. 2128 amendment No. 3376 proposed to H.R. for hepatitis C virus infection. At the request of Mr. SUNUNU, the 3043, a bill making appropriations for S. 1553 name of the Senator from Kentucky the Departments of Labor, Health and At the request of Mrs. FEINSTEIN, the (Mr. BUNNING) was added as a cosponsor Human Services, and Education, and name of the Senator from Washington of S. 2128, a bill to make the morato- related agencies for the fiscal year end- (Ms. CANTWELL) was added as a cospon- rium on Internet access taxes and mul- ing September 30, 2008, and for other sor of S. 1553, a bill to provide addi- tiple and discriminatory taxes on elec- purposes. tronic commerce permanent. tional assistance to combat HIV/AIDS AMENDMENT NO. 3387 among young people, and for other pur- S. 2136 At the request of Mr. DEMINT, the poses. At the request of Mr. DURBIN, the name of the Senator from Wyoming S. 1616 name of the Senator from Illinois (Mr. (Mr. ENZI) was added as a cosponsor of At the request of Mr. DURBIN, the OBAMA) was added as a cosponsor of S. amendment No. 3387 proposed to H.R. name of the Senator from Hawaii (Mr. 2136, a bill to address the treatment of 3043, a bill making appropriations for AKAKA) was added as a cosponsor of S. primary mortgages in bankruptcy, and the Departments of Labor, Health and 1616, a bill to amend the Clean Air Act for other purposes. Human Services, and Education, and to promote and assure the quality of S. 2160 related agencies for the fiscal year end- biodiesel fuel, and for other purposes. At the request of Mr. AKAKA, the ing September 30, 2008, and for other S. 1718 name of the Senator from Maryland purposes. At the request of Mr. BROWN, the (Ms. MIKULSKI) was added as a cospon- AMENDMENT NO. 3396 name of the Senator from Missouri sor of S. 2160, a bill to amend title 38, At the request of Mr. GRASSLEY, the (Mrs. MCCASKILL) was added as a co- United States Code, to establish a pain name of the Senator from Vermont sponsor of S. 1718, a bill to amend the care initiative in health care facilities (Mr. SANDERS) was added as a cospon- Servicemembers Civil Relief Act to of the Department of Veterans Affairs, sor of amendment No. 3396 proposed to provide for reimbursement to and for other purposes. H.R. 3043, a bill making appropriations servicemembers of tuition for pro- S. 2162 for the Departments of Labor, Health grams of education interrupted by At the request of Mr. AKAKA, the and Human Services, and Education, military service, for deferment of stu- name of the Senator from North Caro- and related agencies for the fiscal year dents loans and reduced interest rates lina (Mr. BURR) was added as a cospon- ending September 30, 2008, and for for servicemembers during periods of sor of S. 2162, a bill to improve the other purposes.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13263 AMENDMENT NO. 3400 on the navel fleet. The price that many often do not tell beneficiaries that they At the request of Mr. CARDIN, the Atomic Veterans paid came due after can appeal a drug plan’s decision to names of the Senator from Michigan their years of military service, when deny coverage of a drug, even though (Mr. LEVIN) and the Senator from enduring mysterious cancers and other they are required to do so. Bene- Maryland (Ms. MIKULSKI) were added as medical conditions related to their ex- ficiaries who do appeal soon find that cosponsors of amendment No. 3400 pro- posure to ionizing radiation. Their it is a long and difficult process. posed to H.R. 3043, a bill making appro- fight continues and the time is long The complexity of the Medicare drug priations for the Departments of overdue to recognize what, for some, benefit also has made beneficiaries Labor, Health and Human Services, has become the ultimate sacrifice. more vulnerable to aggressive and de- and Education, and related agencies for In recognition of the silent sacrifices ceptive marketing practices. Some in- the fiscal year ending September 30, made by these American heroes, I am surers try to steer seniors into more 2008, and for other purposes. introducing the Atomic Veterans profitable Medicare Advantage plans. AMENDMENT NO. 3440 Medal Act. It is the Senate companion Some seniors have been signed up for At the request of Mr. BINGAMAN, the to H.R. 3471, offered by my colleague, Medicare Advantage plans without names of the Senator from Maine (Ms. Congressman TODD TIAHRT, in the their knowledge, and, unfortunately, SNOWE), the Senator from Montana House. We owe a debt of gratitude to there have also been unscrupulous in- (Mr. BAUCUS), the Senator from Massa- brave Americans who have worn the surance agents who have misrepre- chusetts (Mr. KERRY), the Senator from uniform. It is my hope that this meas- sented what benefits would be covered. Connecticut (Mr. LIEBERMAN), the Sen- ure helps to show the respect and honor Adding to the frustration with the ator from Michigan (Ms. STABENOW), these Atomic Veterans deserve. program so far is accumulating evi- the Senator from Ohio (Mr. BROWN), dence that private drug plans have not By Mr. DURBIN (for himself, Mr. the Senator from Missouri (Mrs. been effective negotiators, which AKAKA, Ms. STABENOW, Mrs. MCCASKILL) and the Senator from means seniors end up paying more than BOXER, and Mr. OBAMA): Michigan (Mr. LEVIN) were added as co- they should. S. 2219: A bill to amend title XVIII of sponsors of amendment No. 3440 pro- Drug prices are higher in private the Social Security Act to deliver a posed to H.R. 3043, a bill making appro- Medicare drug plans than drug prices meaningful benefit and lower prescrip- priations for the Departments of available through the Veterans Admin- tion drug prices under the Medicare Labor, Health and Human Services, istration, Medicaid, and other coun- Program; to the Committee on Fi- and Education, and related agencies for tries like Canada. nance. the fiscal year ending September 30, A report by the House Oversight and Mr. DURBIN. Mr. President, nearly 4 2008, and for other purposes. Government Reform Committee esti- years have passed since Congress en- mated that taxpayers and Medicare At the request of Ms. LANDRIEU, her acted the Medicare Modernization Act. name was added as a cosponsor of beneficiaries would have saved almost Adding a prescription drug benefit to amendment No. 3440 proposed to H.R. $15 billion in 2007 if administrative ex- Medicare was long overdue, and many 3043, supra. penses in the drug program were as low senior citizens and people with disabil- as the traditional government-run AMENDMENT NO. 3447 ities are relieved to finally have drug Medicare program and if drug prices At the request of Mr. SMITH, the coverage. were the same as Medicaid levels. name of the Senator from Illinois (Mr. But the drug benefit was not struc- It should come as no surprise then DURBIN) was added as a cosponsor of tured like the rest of Medicare. For all that the average beneficiary who stays amendment No. 3447 intended to be pro- other Medicare benefits, seniors can in their current Medicare drug plan posed to H.R. 3043, a bill making appro- choose whether to receive benefits di- will see their monthly premiums in- priations for the Departments of rectly through Medicare or through a crease 21 percent in 2008. Labor, Health and Human Services, private insurance plan. The over- Today, I am introducing the Medi- and Education, and related agencies for whelming majority choose the Medi- care Prescription Drug Savings and the fiscal year ending September 30, care-run option for their hospital and Choice Act. The bill would create a 2008, and for other purposes. physician coverage. Medicare-operated drug plan that f No such choice is available for pre- would compete with private drug plans scription drugs. Medicare beneficiaries and would require the Health and STATEMENTS ON INTRODUCED must enroll in a private insurance plan Human Services Secretary to negotiate BILLS AND JOINT RESOLUTIONS to obtain drug coverage. with drug companies to lower drug By Mr. ROBERTS: A report released today by the Medi- prices. S. 2218. A bill to provide for the care Rights Center, with the support of This is the kind of drug plan that award of a military service medal to Consumers Union, identifies the prob- Medicare beneficiaries are looking for. members of the Armed Forces who lems this decision to rely exclusively According to a survey by the Kaiser were exposed to ionizing radiation as a on private drug plans has created. Family Foundation, 2⁄3 of seniors want result of participation in a test of Seniors are having trouble identi- the option of getting drug coverage di- atomic weapons; to the Committee on fying which of the dozens of private rectly from Medicare, and over 80 per- Armed Services. drug plans works best for them. Any- cent favor allowing the government to Mr. ROBERTS. Mr. President, I want one who has visited a senior center or negotiate with drug companies for to take a moment to honor those vet- spoken with an elderly relative knows lower prices. erans who have served their Nation as that the complexity of the drug benefit The Health and Human Services Sec- quiet heroes. These quiet heroes, other- has created much confusion. retary would have the tools to nego- wise known as Atomic Veterans, were Each drug plan has its own premium, tiate with drug companies, including exposed unknowingly to ionizing radi- cost-sharing requirements, list of cov- the use of drug formulary. The best ation resulting from atomic testing ered drugs, and pharmacy network. medical evidence would determine conducted between 1945–1963. After you have identified the right which drugs are covered in the for- Sacrifice in the service of your coun- drug plan, you have to go through the mulary, and the formulary would be try can take many different forms. We whole process again at the end of the used to promote safety, appropriate use see it everyday in our military efforts year because your plan may have of drugs, and value. in Iraq and Afghanistan. We see it in changed the drugs it covers or added The bill would establish an appeals the hospital beds of Walter Reed and new restrictions on how to access cov- process that is efficient, imposes mini- VA hospitals nationwide. It is our duty ered drugs. mal administrative burdens, and en- as Americans, to honor the sacrifice Medicare beneficiaries often cannot sures timely procurement of nonfor- made by our Nation’s servicemembers. obtain the drugs they need because mulary drugs or nonpreferred drugs In the case of the Atomic Veterans, they are trapped in an appeals process when medically necessary. sacrifice was not necessarily something that the Medicare Rights Center calls The Secretary would also develop a that happened on the battlefield, nor ‘‘hopelessly dysfunctional.’’ Drug plans system for paying pharmacies that

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13264 CONGRESSIONAL RECORD — SENATE October 23, 2007 would include the prompt payment of medicare operated prescription drug plan ‘‘(III) drugs that have the same cost but claims. shall be uniform nationally. Such premium provide greater clinical benefit than other Seniors want the ability to choose a for months in 2009 and each succeeding year drugs. shall be based on the average monthly per ‘‘(ii) FORMULARY INCENTIVES.—The for- Medicare-administered drug plan. Let capita actuarial cost of offering the medi- us give them this option, just as they mulary incentives under clause (i) may be in care operated prescription drug plan for the the form of one or more of the following: have this choice with every other ben- year involved, including administrative ex- ‘‘(I) Tiered copayments. efit covered by Medicare. Many seniors penses. ‘‘(II) Reference pricing. will find direct Medicare coverage to be ‘‘(2) SUPPLEMENTAL PRESCRIPTION DRUG ‘‘(III) Prior authorization. a simpler, more dependable, and less COVERAGE.—Insofar as a medicare operated ‘‘(IV) Step therapy. costly option than private drug plans. prescription drug plan offers supplemental ‘‘(V) Medication therapy management. Mr. President, I ask unanimous con- prescription drug coverage, the Secretary ‘‘(VI) Generic drug substitution. may adjust the amount of the premium ‘‘(iii) FLEXIBILITY.—In applying such for- sent that the text of the bill be printed charged under paragraph (1). mulary incentives the Secretary may decide in the RECORD. ‘‘(e) USE OF A FORMULARY AND FORMULARY not to impose any cost-sharing for a covered There being no objection, the text of INCENTIVES.— part D drug for which— the bill was ordered to be placed in the ‘‘(1) IN GENERAL.—With respect to the oper- ‘‘(I) the elimination of cost sharing would RECORD, as follows: ation of a medicare operated prescription drug plan, the Secretary shall establish and be expected to increase compliance with a S. 2219 apply a formulary (and may include for- drug regimen; and Be it enacted by the Senate and House of Rep- mulary incentives described in paragraph ‘‘(II) compliance would be expected to resentatives of the United States of America in (2)(C)(ii)) in accordance with this subsection produce savings under part A or B or both. Congress assembled, in order to— ‘‘(3) LIMITATIONS ON FORMULARY.—In any SECTION 1. SHORT TITLE. ‘‘(A) increase patient safety; formulary established under this subsection, This Act may be cited as the ‘‘Medicare ‘‘(B) increase appropriate use and reduce the formulary may not be changed during a Prescription Drug Savings and Choice Act of inappropriate use of drugs; and year, except— 2007’’. ‘‘(C) reward value. ‘‘(A) to add a generic version of a covered part D drug that entered the market; SEC. 2. ESTABLISHMENT OF MEDICARE OPER- ‘‘(2) DEVELOPMENT OF INITIAL FORMULARY.— ATED PRESCRIPTION DRUG PLAN ‘‘(A) IN GENERAL.—In selecting covered ‘‘(B) to remove such a drug for which a OPTION. part D drugs for inclusion in a formulary. safety problem is found; and (a) IN GENERAL.—Subpart 2 of part D of the the Secretary shall consider clinical benefit ‘‘(C) to add a drug that the Secretary iden- Social Security Act is amended by inserting and price. tifies as a drug which treats a condition for after section 1860D–11 (42 U.S.C. 1395w–111) ‘‘(B) ROLE OF AHRQ.—The Director of the which there has not previously been a treat- the following new section: Agency for Healthcare Research and Quality ment option or for which a clear and signifi- shall be responsible for assessing the clinical cant benefit has been demonstrated over ‘‘MEDICARE OPERATED PRESCRIPTION DRUG benefit of covered part D drugs and making other covered part D drugs. PLAN OPTION recommendations to the Secretary regarding ‘‘(4) ADDING DRUGS TO THE INITIAL FOR- ‘‘SEC. 1860D–11A. (a) IN GENERAL.—Not- which drugs should be included in the for- MULARY.— withstanding any other provision of this mulary. In conducting such assessments and ‘‘(A) USE OF ADVISORY COMMITTEE.—The part, for each year (beginning with 2009), in making such recommendations, the Director Secretary shall establish and appoint an ad- addition to any plans offered under section shall— visory committee (in this paragraph referred 1860D–11, the Secretary shall offer one or ‘‘(i) consider safety concerns including to as the ‘advisory committee’)— more medicare operated prescription drug those identified by the Federal Food and ‘‘(i) to review petitions from drug manufac- plans (as defined in subsection (c)) with a Drug Administration; turers, health care provider organizations, service area that consists of the entire ‘‘(ii) use available data and evaluations, patient groups, and other entities for inclu- United States and shall enter into negotia- with priority given to randomized controlled sion of a drug in, or other changes to, such tions in accordance with subsection (b) with trials, to examine clinical effectiveness, formulary; and pharmaceutical manufacturers to reduce the comparative effectiveness, safety, and en- ‘‘(ii) to recommend any changes to the for- purchase cost of covered part D drugs for eli- hanced compliance with a drug regimen; mulary established under this subsection. gible part D individuals who enroll in such a ‘‘(iii) use the same classes of drugs devel- ‘‘(B) COMPOSITION.—The advisory com- plan. oped by United States Pharmacopeia for this mittee shall be composed of 9 members and ‘‘(b) NEGOTIATIONS.—Notwithstanding sec- part; shall include representatives of physicians, tion 1860D–11(i), for purposes of offering a ‘‘(iv) consider evaluations made by— medicare operated prescription drug plan ‘‘(I) the Director under section 1013 of pharmacists, and consumers and others with under this section, the Secretary shall nego- Medicare Prescription Drug, Improvement, expertise in evaluating prescription drugs. tiate with pharmaceutical manufacturers and Modernization Act of 2003; The Secretary shall select members based on with respect to the purchase price of covered ‘‘(II) other Federal entities, such as the their knowledge of pharmaceuticals and the part D drugs in a Medicare operated prescrip- Secretary of Veterans Affairs; and Medicare population. Members shall be tion drug plan and shall encourage the use of ‘‘(III) other private and public entities, deemed to be special Government employees more affordable therapeutic equivalents to such as the Drug Effectiveness Review for purposes of applying the conflict of inter- the extent such practices do not override Project and Medicaid programs; and est provisions under section 208 of title 18, medical necessity as determined by the pre- ‘‘(v) recommend to the Secretary— United States Code, and no waiver of such scribing physician. To the extent practicable ‘‘(I) those drugs in a class that provide a provisions for such a member shall be per- and consistent with the previous sentence, greater clinical benefit, including fewer safe- mitted. the Secretary shall implement strategies ty concerns or less risk of side-effects, than ‘‘(C) CONSULTATION.—The advisory com- similar to those used by other Federal pur- another drug in the same class that should mittee shall consult, as necessary, with phy- chasers of prescription drugs, and other be included in the formulary; sicians who are specialists in treating the strategies, including the use of a formulary ‘‘(II) those drugs in a class that provide disease for which a drug is being considered. and formulary incentives in subsection (e), less clinical benefit, including greater safety ‘‘(D) REQUEST FOR STUDIES.—The advisory to reduce the purchase cost of covered part D concerns or a greater risk of side-effects, committee may request the Agency for drugs. than another drug in the same class that Healthcare Research and Quality or an aca- ‘‘(c) MEDICARE OPERATED PRESCRIPTION should be excluded from the formulary; and demic or research institution to study and DRUG PLAN DEFINED.—For purposes of this ‘‘(III) drugs in a class with same or similar make a report on a petition described in sub- part, the term ‘medicare operated prescrip- clinical benefit for which it would be appro- paragraph (A)(ii) in order to assess— tion drug plan’ means a prescription drug priate for the Secretary to competitively bid ‘‘(i) clinical effectiveness; plan that offers qualified prescription drug (or negotiate) for placement on the for- ‘‘(ii) comparative effectiveness; coverage and access to negotiated prices de- mulary. ‘‘(iii) safety; and scribed in section 1860D–2(a)(1)(A). Such a ‘‘(C) CONSIDERATION OF AHRQ RECOMMENDA- ‘‘(iv) enhanced compliance with a drug reg- plan may offer supplemental prescription TIONS.— imen. drug coverage in the same manner as other ‘‘(i) IN GENERAL.—The Secretary, after tak- ‘‘(E) RECOMMENDATIONS.—The advisory qualified prescription drug coverage offered ing into consideration the recommendations committee shall make recommendations to by other prescription drug plans. under subparagraph (B)(v), shall establish a the Secretary regarding— ‘‘(d) MONTHLY BENEFICIARY PREMIUM.— formulary, and formulary incentives, to en- ‘‘(i) whether a covered part D drug is found ‘‘(1) QUALIFIED PRESCRIPTION DRUG COV- courage use of covered part D drugs that— to provide a greater clinical benefit, includ- ERAGE.—The monthly beneficiary premium ‘‘(I) have a lower cost and provide a greater ing fewer safety concerns or less risk of side- for qualified prescription drug coverage and clinical benefit than other drugs; effects, than another drug in the same class access to negotiated prices described in sec- ‘‘(II) have a lower cost than other drugs that is currently included in the formulary tion 1860D–2(a)(1)(A) to be charged under a with same or similar clinical benefit; and and should be included in the formulary;

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13265 ‘‘(ii) whether a covered part D drug is (3) Section 1860D–13(c)(3) of such Act (42 part D drug, that has no apparent defect or found to provide less clinical benefit, includ- U.S.C. 1395w–113(c)(3)) is amended— impropriety (including any lack of any re- ing greater safety concerns or a greater risk (A) in the heading, by inserting ‘‘AND MEDI- quired substantiating documentation) or of side-effects, than another drug in the CARE OPERATED PRESCRIPTION DRUG PLANS’’ particular circumstance requiring special same class that is currently included in the after ‘‘FALLBACK PLANS’’; and treatment that prevents timely payment formulary and should not be included in the (B) by inserting ‘‘or a medicare operated from being made on the claim under this formulary; and prescription drug plan’’ after ‘‘a fallback pre- part. ‘‘(iii) whether a covered part D drug has scription drug plan’’. ‘‘(ii) APPLICABLE NUMBER OF CALENDAR the same or similar clinical benefit to a drug (4) Section 1860D–16(b)(1) of such Act (42 DAYS.—The term ‘applicable number of cal- in the same class that is currently included U.S.C.1395w–116(b)(1)) is amended— endar days’ means— in the formulary and whether the drug (A) in subparagraph (C), by striking ‘‘and’’ ‘‘(I) with respect to claims submitted elec- should be included in the formulary. after the semicolon at the end; tronically, 14 calendar days; and ‘‘(F) LIMITATIONS ON REVIEW OF MANUFAC- (B) in subparagraph (D), by striking the pe- ‘‘(II) with respect to claims submitted oth- TURER PETITIONS.—The advisory committee riod at the end and inserting ‘‘; and’’; and erwise, 30 calendar days. shall not review a petition of a drug manu- (C) by adding at the end the following new ‘‘(C) PROCEDURES INVOLVING CLAIMS.— facturer under subparagraph (A)(ii) with re- subparagraph: ‘‘(i) CLAIMS DEEMED TO BE CLEAN CLAIMS.— spect to a covered part D drug unless the pe- ‘‘(E) payments for expenses incurred with ‘‘(I) IN GENERAL.—A claim for a covered tition is accompanied by the following: respect to the operation of medicare oper- part D drug shall be deemed to be a clean ‘‘(i) Raw data from clinical trials on the ated prescription drug plans under section claim for purposes of this paragraph if the safety and effectiveness of the drug. 1860D–11A.’’. Secretary does not provide a notification of ‘‘(ii) Any data from clinical trials con- (5) Section 1860D–41(a) of such Act (42 deficiency to the claimant by the 10th day ducted using active controls on the drug or U.S.C. 1395w–151(a)) is amended by adding at that begins after the date on which the claim drugs that are the current standard of care. the end the following new paragraph: is submitted. ‘‘(iii) Any available data on comparative ‘‘(19) MEDICARE OPERATED PRESCRIPTION ‘‘(II) NOTIFICATION OF DEFICIENCY.—For effectiveness of the drug. DRUG PLAN.—The term ‘medicare operated purposes of subclause (I), the term ‘notifica- ‘‘(iv) Any other information the Secretary prescription drug plan’ has the meaning tion of deficiency’ means a notification that requires for the advisory committee to com- given such term in section 1860D–11A(c).’’. specifies all defects or improprieties in the plete its review. (c) EFFECTIVE DATE.—The amendments claim involved and that lists all additional made by this section shall take effect as if ‘‘(G) RESPONSE TO RECOMMENDATIONS.—The information or documents necessary for the included in the enactment of section 101 of Secretary shall review the recommendations proper processing and payment of the claim. the Medicare Prescription Drug, Improve- of the advisory committee and if the Sec- ‘‘(ii) PAYMENT OF CLEAN PORTIONS OF ment, and Modernization Act of 2003. retary accepts such recommendations the CLAIMS.—The Secretary shall, as appropriate, Secretary shall modify the formulary estab- SEC. 3. IMPROVED APPEALS PROCESS UNDER pay any portion of a claim for a covered part THE MEDICARE OPERATED PRE- lished under this subsection accordingly. SCRIPTION DRUG PLAN. D drug under the medicare operated prescrip- Nothing in this section shall preclude the Section 1860D–4(h) of the Social Security tion drug plan that would be a clean claim Secretary from adding to the formulary a Act (42 U.S.C. 1305w–104(h)) is amended by but for a defect or impropriety in a separate drug for which the Director of the Agency adding at the end the following new para- portion of the claim in accordance with sub- for Healthcare Research and Quality or the graph: paragraph (A). advisory committee has not made a rec- ‘‘(h) APPEALS PROCESS FOR MEDICARE OPER- ‘‘(iii) OBLIGATION TO PAY.—A claim for a ommendation. ATED PRESCRIPTION DRUG PLAN.— covered part D drug submitted to the Sec- ‘‘(H) NOTICE OF CHANGES.—The Secretary ‘‘(1) IN GENERAL.—The Secretary shall de- retary that is not paid or contested by the shall provide timely notice to beneficiaries velop a well-defined process for appeals for provider within the applicable number of cal- and health professionals about changes to denials of benefits under this part under the endar days (as defined in subparagraph (B)) the formulary or formulary incentives. medicare operated prescription drug plan. shall be deemed to be a clean claim and shall ‘‘(f) INFORMING BENEFICIARIES.—The Sec- Such process shall be efficient, impose mini- be paid by the Secretary in accordance with retary shall take steps to inform bene- mal administrative burdens, and ensure the subparagraph (A). ficiaries about the availability of a Medicare timely procurement of non-formulary drugs ‘‘(iv) DATE OF PAYMENT OF CLAIM.—Pay- operated drug plan or plans including pro- or exemption from formulary incentives ment of a clean claim under subparagraph viding information in the annual handbook when medically necessary. Medical necessity (A) is considered to have been made on the distributed to all beneficiaries and adding in- shall be based on professional medical judg- date on which full payment is received by formation to the official public Medicare ment, the medical condition of the bene- the provider. website related to prescription drug coverage ficiary, and other medical evidence. Such ap- ‘‘(D) ELECTRONIC TRANSFER OF FUNDS.—The available through this part. peals process shall include— Secretary shall pay all clean claims sub- ‘‘(g) APPLICATION OF ALL OTHER REQUIRE- ‘‘(A) an initial review and determination mitted electronically by an electronic funds MENTS FOR PRESCRIPTION DRUG PLANS.—Ex- made by the Secretary; and transfer mechanism.’’. cept as specifically provided in this section, ‘‘(B) for appeals denied during the initial any Medicare operated drug plan shall meet review and determination, the option of an By Mr. AKAKA (for himself, Mr. the same requirements as apply to any other external review and determination by an INOUYE, and Mr. MARTINEZ): prescription drug plan, including the require- independent entity selected by the Sec- S. 2220. A bill to amend the Outdoor retary. ments of section 1860D-4(b)(1) relating to as- Recreation Act of 1963 to authorize cer- suring pharmacy access).’’. ‘‘(2) CONSULTATION IN DEVELOPMENT OF PROCESS.—In developing the appeals process tain appropriations; to the Committee (b) CONFORMING AMENDMENTS.— on Energy and Natural Resources. (1) Section 1860D–3(a) of the Social Secu- under paragraph (1), the Secretary shall con- sult with consumer and patient groups, as Mr. AKAKA. Mr. President, today I rity Act (42 U.S.C. 1395w–103(a)) is amended well as other key stakeholders to ensure the by adding at the end the following new para- am introducing legislation that will goals described in paragraph (1) are graph: amend the Outdoor Recreation Act of achieved.’’. ‘‘(4) AVAILABILITY OF THE MEDICARE OPER- 1963, to further enhance education, in- SEC. 4. PHARMACY PAYMENT UNDER THE MEDI- ATED PRESCRIPTION DRUG PLAN.—A medicare struction and recreation opportunities CARE OPERATED PRESCRIPTION operated prescription drug plan (as defined DRUG PLAN. available in our Nation’s tropical bo- in section 1860D–11A(c)) shall be offered na- Section 1860D–12(b) of the Social Security tanical gardens. I wish to also thank tionally in accordance with section 1860D– Act (42 U.S.C. 1395w–112 (b)) is amended by my colleagues, Senators DANIEL 11A.’’. adding at the end the following new para- INOUYE, MEL MARTINEZ and BILL NEL- (2)(A) Section 1860D–3 of the Social Secu- graph: rity Act (42 U.S.C. 1395w–103) is amended by SON, for joining me in sponsoring this ‘‘(4) PHARMACY PAYMENT UNDER THE MEDI- measure. adding at the end the following new sub- CARE OPERATED PRESCRIPTION DRUG PLAN.— section: ‘‘(A) IN GENERAL.—Under the medicare op- Studies have indicated that through- ‘‘(c) PROVISIONS ONLY APPLICABLE IN 2006, erated prescription drug plan, the Secretary out the world, our plants and their 2007, AND 2008.—The provisions of this section shall develop a system for payment to phar- habitats are quickly disappearing. shall only apply with respect to 2006, 2007, macies. Such a system shall include a re- With 90 percent of these species exist- and 2008.’’. quirement that the plan shall issue, mail, or ing in tropical areas, it is imperative (B) Section 1860D–11(g) of such Act (42 otherwise transmit payment for all clean that we continue to strive for a greater U.S.C. 1395w–111(g)) is amended by adding at claims submitted under this part within the understanding of how we can preserve the end the following new paragraph: applicable number of calendar days after the ‘‘(8) NO AUTHORITY FOR FALLBACK PLANS date on which the claim is received. these natural resources. AFTER 2008.—A fallback prescription drug ‘‘(B) DEFINITIONS.—In this paragraph: The legislation that I am introducing plan shall not be available after December ‘‘(i) CLEAN CLAIM.—The term ‘clean claim’ today, the Outdoor Recreation Act of 31, 2008.’’. means a claim, with respect to a covered 1963 Amendments Act, will authorize $1

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13266 CONGRESSIONAL RECORD — SENATE October 23, 2007 million for the National Botanical Gar- Why? Because when a hospital lowers Also, let us remember that there are dens in fiscal year 2009, and up to its costs, more of the Medicare pay- cost-sharing requirements for certain $500,000 each fiscal year thereafter. ment can go toward the hospital’s bot- hospital services. And so Medicare These funds are to be matched by State tom line. beneficiaries will be paying more out- and local governments as well as pri- Hospitals normally have many re- of-pocket than they should. vate individuals. sources like consultants or reference All this adds up to one thing: a need Since Congress chartered the Na- materials to help them when they ne- for greater transparency in medical de- tional Tropical Botanical Gardens in gotiate prices for things like drugs, vice pricing. My good friend and col- 1964, the gardens have not only thrived nursing care, or hospital gowns. Unfor- league, Senator SPECTER, and I have and flourished, but have provided valu- tunately, this is not the case with developed a way to provide greater able research. This research is vital to implantable medical devices like pace- transparency. enriching our lives through not only makers, stents, and artificial hips and The Transparency in Medical Device perpetuating the survival of eco- knees. Pricing Act of 2007 would bring this systems, but preserving the cultural Hospitals have no way of knowing needed transparency to medical device knowledge of these tropical regions. what a fair market price for a medical pricing by building on current initia- As we, and the rest of the world, con- device is, because in this one industry tives at the Department of Health and tinue to develop rural areas, we slowly there is a veil of secrecy over pricing Human Services, HHS. Under the act, deplete our natural resources and place information. In fact, manufacturers here are some conditions device manu- our Nation’s tropical plant bio-diver- typically require hospitals to agree to facturers would have to receive direct sity at risk. It is our responsibility to secrecy or gag clauses in their con- or indirect payments under Medicare, ensure that measures are in place that tracts. The device makers actually pro- Medicaid, or SCHIP. Every quarter will preserve our finite natural re- hibit hospitals from disclosing the they would have to submit to the HHS sources, or we may find ourselves with- price of a medical device to others. So Secretary data on average and median out the basics for survival. hospitals have no idea of what is a fair sales prices for all medical devices that These gardens serve as safe havens price. Instead they must engage in one- are implanted during inpatient and for endangered tropical plants where sided negotiations with medical device outpatient procedures. Manufacturers scientists strive to understand the evo- manufacturers. would be subject to civil money pen- We all know that there must be lution, structure relationships and alties from $10,000 to $100,000 for failure enough transparency for market forces qualities of these plants for the future to report or misrepresentations of price to work. The free market, after all, benefit of all Americans. The gardens data. thrives on complete information and Collecting such data is not new to also serve as a valuable educational open competition—not on gag rules and HHS. The Secretary has been col- tool, where students of all ages go to secrecy clauses. lecting average sales price data for learn about environmental stewardship As a farmer, when I go out and buy a drugs covered under Part B of the and horticultural practices, and dis- tractor, I first go out and talk to a Medicare program for a number of cover that science can be fun. The col- number of people to help me figure out years now. lections at these gardens provide valu- what is a fair price. Having this infor- The Secretary would also be required able information that conservationists mation puts me on equal footing with to make the data available to the pub- and others utilize to study and deter- the dealer when we negotiate the price. lic on the website of the Centers for mine how to protect these resources by After all, I don’t want to be taken to Medicare & Medicaid Services, CMS. halting further degradation of habitats the cleaners. CMS would have to update the website so that at-risk species will have a bet- Today, there is no level playing field on a quarterly basis. ter chance of surviving in the future. when hospitals negotiate with device Again, this is nothing new at HHS. It I urge my colleagues to support this manufacturers. It shows. This is a has been promoting transparency in important legislation in order to en- major reason why many hospitals pay Medicare for quite some time. The Sec- sure that these gardens continue to not absurdly more than others for the same retary already publicly reports quality only thrive for generations to come, medical device. The inflated prices and price data of various Medicare pro- but ensure that these resources will be many hospitals pay have implications viders. This is so beneficiaries can use preserved. for the health care system on multiple these resources when selecting a pro- levels. vider. By Mr. GRASSLEY (for himself First, higher medical device costs Publicly reporting implantable med- and Mr. SPECTER): take up more of the Medicare payment. ical device pricing would help hospitals S. 2221. A bill to amend title XVIII of That means hospitals have less to negotiate fair prices. For once, they the Social Security Act to provide for spend on other crucial components of would have a resource to consult so ne- the reporting of sales price data for care such as staff. And hospitals have gotiations would be fairer. implantable medical devices; to the less of the Medicare payment to devote Mr. President, let me be clear. I fully Committee on Finance. toward their bottom line. So they have support the medical device industry Mr. GRASSLEY. Mr. President, I am less money for activities to improve making a profit. I just think it should pleased to introduce today with Sen- hospital quality and safety. They have not be at the expense of hospitals, ator SPECTER the Transparency in Med- less money to spend on health informa- beneficiaries and the American tax- ical Device Pricing Act of 2007. tion technology systems. Most impor- payer paying much more than they As we all know, both parties to a tantly, they have less money to keep should. We must let the market work, transaction need information in order their doors open and provide care to and markets depend on information. for the free market to properly work. If Medicare beneficiaries. In rural areas The Transparency in Medical Device only one party has information, the in my state where hospitals are barely Pricing Act of 2007 would go a long way market does not properly function be- squeaking by, this is a problem. toward ensuring that free market cause you have a one-sided negotiation. Also, I want to point out how hos- forces actually work. The act would en- The purpose of this legislation is to pitals paying more than the fair mar- able hospitals to obtain medical de- bring transparency to medical device ket price for medical devices adds to vices at fair prices. pricing so that there will be sufficient skyrocketing entitlement spending. Mr. SPECTER. Mr. President, with information available for market Medicare hospital payments are up- Senator GRASSLEY, I introduce a bill forces to truly work. dated every year. The update takes that will help control Medicare spend- In the Medicare program, most hos- into account the increased cost of ing and will increase transparency in pitals receive a single payment for all goods and services used to provide care our health care system. Medicare the health care goods and services pro- to beneficiaries. Let us say medical de- spending is a huge component of the vided during a beneficiary’s stay. This vice prices are higher than they should Federal budget. In 2006, Medicare ben- payment structure is designed to give be. As a result, Medicare hospital pay- efit payments totaled $374 billion and hospitals incentives to provide effi- ment updates and Medicare spending accounted for 12 percent of the Federal cient, effective, and economical care. will rise faster than they should. budget.

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13267 Over the past several months I have terly basis, data on average and me- ed by section 521, is further amended by add- received many letters from hospitals, dian sales prices for all implantable ing at the end the following: consumer groups, employers, health medical devices used in inpatient and ‘‘(5) FEE FOR RECAPTURE OF UNUSED EM- and welfare funds, and health care outpatient procedures. Manufacturers PLOYMENT-BASED IMMIGRANT VISAS.— ‘‘(A) IN GENERAL.—The Secretary of Home- journalists about the secrecy that the would be subject to civil monetary pen- land Security shall impose a fee upon each medical device industry is trying to alties from $10,000 to $100,000 for failure petitioning employer who uses a visa recap- impose around pricing for implantable to report or for misrepresentation of tured from fiscal years 1996 and 1997 under medical devices, pacemakers, hip and price data. The data would be available this subsection to provide employment for knee replacements, which hospitals to the public on the website of the cen- an alien as a professional nurse, provided purchase. Hospitals are being told they ters for Medicare and Medicaid Serv- that— can’t share pricing information with ices. ‘‘(i) such fee shall be in the amount of $1,500 for each such alien nurse (but not for any ‘‘third parties,’’ that would include Senator GRASSLEY and I believe this patients, physicians, auditors, and con- dependents accompanying or following to bill will improve the overall quality join who are not professional nurses); and sultants. The hospitals are not the ul- and efficiency of our health care sys- ‘‘(ii) no fee shall be imposed for the use of timate payers. The payers are patients tem and will help ensure that health such visas if the employer demonstrates to and those who provide health insurance care programs administered or spon- the Secretary that— coverage, which includes small busi- sored by the Federal Government, in ‘‘(I) the employer is a health care facility nesses, large employers, and local, particular, promote quality and effi- that is located in a county or parish that re- State, and Federal Government pro- cient delivery of health care through 1. ceived individual and public assistance pur- grams. But the hospitals are the ones the use of health information tech- suant to Major Disaster Declaration number who have the role of negotiating fair 1603 or 1607; or nology; 2. transparency regarding ‘‘(II) the employer is a health care facility pricing on behalf of the patients and health care quality and price; and 3. that has been designated as a Health Profes- other payers. better incentives for those involved in sional Shortage Area facility by the Sec- A New York hospital stated in a let- these programs—physicians, hospitals, retary of Health and Human Services as de- ter to me that many hospitals, pa- and beneficiaries. By making impor- fined in section 332 of the Public Health tients, communities and Federal agen- tant information available in a readily Service Act (42 U.S.C. 254e). cies are ‘‘prevented from participating useable manner and in collaboration ‘‘(B) FEE COLLECTION.—A fee imposed by in an open and fair marketplace—cul- with similar initiatives in the private the Secretary of Homeland Security pursu- ant to this paragraph shall be collected by minating in inflated pricing and less sector and nonfederal public sector, we than optimal cost effective health the Secretary as a condition of approval of can help control government spending an application for adjustment of status by care.’’ This hospital said that it has an on health care. The rising cost of the beneficiary of a petition or by the Sec- annual health care supplies spend of health care and health insurance is a retary of State as a condition of issuance of approximately $300 million, and al- problem for consumers, small business a visa to such beneficiary.’’. though the implantable items such as owners, large employers and union (b) CAPITATION GRANTS TO INCREASE THE cardiac pacemakers and orthopedic im- health and welfare funds. This bill says NUMBER OF NURSING FACULTY AND STUDENTS; plants represent only 3 percent of the that if you want to do business with DOMESTIC NURSING ENHANCEMENT ACCOUNT.— Part D of title VIII of the Public Health total items the hospital buys, the ex- the Federal Government, you have got penditures are close to 40 percent of Service Act (42 U.S.C. 296p et seq.) is amend- to show us your prices. ed by adding at the end the following: the total spend. Moreover, these de- f vices are characterized by annual cost ‘‘SEC. 832. CAPITATION GRANTS. ‘‘(a) IN GENERAL.—For the purpose de- increases of from 8 percent to 15 per- AMENDMENTS SUBMITTED AND PROPOSED scribed in subsection (b), the Secretary, act- cent. Since national sales of implant ing through the Health Resources and Serv- able devices are approximately $65 bil- SA 3449. Mr. DURBIN submitted an amend- ices Administration, shall award a grant lion annually, with an expected growth ment intended to be proposed to amendment each fiscal year in an amount determined in in utilization of close to 20 percent, the SA 3404 proposed by Mr. SCHUMER (for him- accordance with subsection (c) to each eligi- potential of adding 8 to 15 percent an- self and Mrs. HUTCHISON) to the amendment ble school of nursing that submits an appli- nual price increases to the expendi- SA 3325 proposed by Mr. HARKIN (for himself cation in accordance with this section. tures clearly demands attention. and Mr. SPECTER) to the bill H.R. 3043, mak- ‘‘(b) PURPOSE.—A funding agreement for a A smaller health system in Jackson, ing appropriations for the Departments of grant under this section is that the eligible Labor, Health and Human Services, and Edu- school of nursing involved will expend the MS, reports savings in 2006 of more cation, and related agencies for the fiscal grant to increase the number of nursing fac- than $10 million because it was able to year ending September 30, 2008, and for other ulty and students at the school, including by get detailed objective and measurable purposes. hiring new faculty, retaining current fac- information that neutralized the argu- SA 3450. Mr. HARKIN (for Mr. DEMINT) ulty, purchasing educational equipment and ments from the vendors who were tell- proposed an amendment to amendment SA audiovisual laboratories, enhancing clinical ing them that they were getting the 3325 proposed by Mr. HARKIN (for himself and laboratories, repairing and expanding infra- best price. The National Partnership Mr. SPECTER) to the bill H.R. 3043, supra. structure, or recruiting students. for Women and Families told me that f ‘‘(c) GRANT COMPUTATION.— ‘‘(1) AMOUNT PER STUDENT.—Subject to consumers can learn more about the TEXT OF AMENDMENTS paragraph (2), the amount of a grant to an el- quality and price of a car than they SA 3449. Mr. DURBIN submitted an igible school of nursing under this section can about these medical devices that amendment intended to be proposed to for a fiscal year shall be the total of the fol- are implanted in the body. The Pacific amendment SA 3404 proposed by Mr. lowing: Business Group on Health, a collection ‘‘(A) $1,800 for each full-time or part-time SCHUMER (for himself and Mrs. of 50 of the Nation’s largest purchasers student who is enrolled at the school in a HUTCHISON) to the amendment SA 3325 of health care who spend billions of graduate program in nursing that— proposed by Mr. HARKIN (for himself dollars annually to provide health care ‘‘(i) leads to a master’s degree, a doctoral and Mr. SPECTER) to the bill H.R. 3043, degree, or an equivalent degree; and coverage to more than 3 million em- making appropriations for the Depart- ‘‘(ii) prepares individuals to serve as fac- ployees, retirees and dependents, also ments of Labor, Health and Human ulty through additional course work in edu- wrote to me that the critical strategy Services, and Education, and related cation and ensuring competency in an ad- for improving the quality of our Na- agencies for the fiscal year ending Sep- vanced practice area. tion’s health care system is increasing ‘‘(B) $1,405 for each full-time or part-time tember 30, 2008, and for other purposes; its transparency. student who— The Transparency in Medical Device as follows: ‘‘(i) is enrolled at the school in a program Pricing Act of 2007 would require med- On page 2 of the amendment, after line 11, in nursing leading to a bachelor of science ical device manufacturers, as a condi- insert the following: degree, a bachelor of nursing degree, a grad- SEC. 522. (a) FEE FOR RECAPTURE OF UNUSED uate degree in nursing if such program does tion of receiving direct or indirect pay- EMPLOYMENT-BASED IMMIGRANT VISAS.—Sec- not meet the requirements of subparagraph ments under Medicare, Medicaid, and tion 106(d) of the American Competitiveness (A), or an equivalent degree; and SCHIP, to submit to the Secretary of in the Twenty-first Century Act of 2000 (Pub- ‘‘(ii) has not more than 3 years of academic Health and Human Services, on a quar- lic Law 106–313; 8 U.S.C. 1153 note), as amend- credits remaining in the program.

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‘‘(C) $966 for each full-time or part-time nursing with a view toward shared use of ‘‘(b) USE OF FUNDS.—Amounts collected student who is enrolled at the school in a technological resources, including informa- under section 106(d)(5) of the American Com- program in nursing leading to an associate tion technology. petitiveness in the Twenty-first Century Act degree in nursing or an equivalent degree. ‘‘(C) Establishing cooperative interdiscipli- of 2000, and deposited into the account estab- ‘‘(2) LIMITATION.—In calculating the nary training between schools of nursing and lished under subsection (a) shall be used by amount of a grant to a school under para- schools of allied health, medicine, dentistry, the Secretary of Health and Human Services graph (1), the Secretary may not make a osteopathy, optometry, podiatry, pharmacy, to carry out section 832. Such amounts shall payment with respect to a particular stu- public health, or veterinary medicine, in- be available for obligation only to the ex- dent— cluding training for the use of the inter- tent, and in the amount, provided in advance ‘‘(A) for more than 2 fiscal years in the disciplinary team approach to the delivery of in appropriations Acts. Such amounts are case of a student described in paragraph health services. authorized to remain available until ex- (1)(A) who is enrolled in a graduate program ‘‘(D) Integrating core competencies on evi- pended.’’. in nursing leading to a master’s degree or an dence-based practice, quality improvements, (c) GLOBAL HEALTH CARE COOPERATION.— equivalent degree; and patient-centered care. (1) IN GENERAL.—Title III of the Immigra- ‘‘(B) for more than 4 fiscal years in the ‘‘(E) Increasing admissions, enrollment, tion and Nationality Act (8 U.S.C. 1401 et case of a student described in paragraph and retention of qualified individuals who seq.) is amended by inserting after section (1)(A) who is enrolled in a graduate program are financially disadvantaged. 317 the following: in nursing leading to a doctoral degree or an ‘‘(F) Increasing enrollment of minority and ‘‘SEC. 317A. TEMPORARY ABSENCE OF ALIENS equivalent degree; PROVIDING HEALTH CARE IN DE- diverse student populations. VELOPING COUNTRIES. ‘‘(C) for more than 3 fiscal years in the ‘‘(G) Increasing enrollment of new grad- case of a student described in paragraph ‘‘(a) IN GENERAL.—Notwithstanding any uate baccalaureate nursing students in grad- other provision of this Act, the Secretary of (1)(B); or uate programs that educate nurse faculty ‘‘(D) for more than 2 fiscal years in the Homeland Security shall allow an eligible members. alien and the spouse or child of such alien to case of a student described in paragraph ‘‘(H) Developing post-baccalaureate resi- reside in a candidate country during the pe- (1)(C). dency programs to prepare nurses for prac- riod that the eligible alien is working as a ‘‘(d) ELIGIBILITY.—In this section, the term tice in specialty areas where nursing short- physician or other health care worker in a ‘eligible school of nursing’ means a school of ages are most severe. nursing that— candidate country. During such period the ‘‘(I) Increasing integration of geriatric ‘‘(1) is accredited by a nursing accrediting eligible alien and such spouse or child shall content into the core curriculum. agency recognized by the Secretary of Edu- be considered— ‘‘(J) Partnering with economically dis- cation; ‘‘(1) to be physically present and residing advantaged communities to provide nursing ‘‘(2) has a passage rate on the National in the United States for purposes of natu- education. Council Licensure Examination for Reg- ralization under section 316(a); and ‘‘(K) Expanding the ability of nurse man- istered Nurses of not less than 80 percent for ‘‘(2) to meet the continuous residency re- aged health centers to provide clinical edu- each of the 3 academic years preceding sub- quirements under section 316(b). cation training sites to nursing students. ‘‘(b) DEFINITIONS.—In this section: mission of the grant application; and ‘‘(5) The school will submit an annual re- ‘‘(1) CANDIDATE COUNTRY.—The term ‘can- ‘‘(3) has a graduation rate (based on the port to the Secretary that includes updated didate country’ means a country that the number of students in a class who graduate information on the school with respect to Secretary of State determines to be— relative to, for a baccalaureate program, the student enrollment, student retention, grad- ‘‘(A) eligible for assistance from the Inter- number of students who were enrolled in the uation rates, passage rates on the National national Development Association, in which class at the beginning of junior year or, for Council Licensure Examination for Reg- the per capita income of the country is equal an associate degree program, the number of istered Nurses, the number of graduates em- to or less than the historical ceiling of the students who were enrolled in the class at ployed as nursing faculty or nursing care International Development Association for the end of the first year) of not less than 80 providers within 12 months of graduation, the applicable fiscal year, as defined by the percent for each of the 3 academic years pre- and the number of students who are accepted International Bank for Reconstruction and ceding submission of the grant application. into graduate programs for further nursing Development; ‘‘(e) REQUIREMENTS.—The Secretary may education. ‘‘(B) classified as a lower middle income award a grant under this section to an eligi- country in the then most recent edition of ble school of nursing only if the school gives ‘‘(6) The school will allow the Secretary to the World Development Report for Recon- assurances satisfactory to the Secretary make on-site inspections, and will comply struction and Development published by the that, for each academic year for which the with the Secretary’s requests for informa- International Bank for Reconstruction and grant is awarded, the school will comply tion, to determine the extent to which the Development and having an income greater with the following: school is complying with the requirements of than the historical ceiling for International ‘‘(1) The school will maintain a passage this section. Development Association eligibility for the rate on the National Council Licensure Ex- ‘‘(f) REPORTS TO CONGRESS.—The Secretary applicable fiscal year; or amination for Registered Nurses of not less shall evaluate the results of grants under ‘‘(C) qualified to be a candidate country than 80 percent. this section and submit to Congress— ‘‘(1) not later than 18 months after the date due to special circumstances, including nat- ‘‘(2) The school will maintain a graduation ural disasters or public health emergencies. rate (as described in subsection (d)(3)) of not of the enactment of this section, an interim ‘‘(2) ELIGIBLE ALIEN.—The term ‘eligible less than 80 percent. report on such results; and ‘‘(2) not later than September 30, 2010, a alien’ means an alien who— ‘‘(3)(A) Subject to subparagraphs (B) and ‘‘(A) has been lawfully admitted to the (C), the first-year enrollment of full-time final report on such results. ‘‘(g) APPLICATION.—An eligible school of United States for permanent residence; and nursing students in the school will exceed nursing seeking a grant under this section ‘‘(B) is a physician or other healthcare such enrollment for the preceding academic shall submit an application to the Secretary worker. year by 5 percent or 5 students, whichever is at such time, in such manner, and con- ‘‘(c) CONSULTATION.—The Secretary of greater. taining such information and assurances as Homeland Security shall consult with the ‘‘(B) Subparagraph (A) shall not apply to the Secretary may require. Secretary of State in carrying out this sec- the first academic year for which a school re- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— tion. ceives a grant under this section. In addition to the amounts in the Domestic ‘‘(d) PUBLICATION.—The Secretary of State ‘‘(C) With respect to any academic year, Nursing Enhancement Account, established shall publish— the Secretary may waive application of sub- under section 833, there are authorized to be ‘‘(1) not later than 180 days after the date paragraph (A) if— appropriated such sums as may be necessary of the enactment of this section, a list of ‘‘(i) the physical facilities at the school in- to carry out this section. candidate countries; volved limit the school from enrolling addi- ‘‘SEC. 833. DOMESTIC NURSING ENHANCEMENT ‘‘(2) an updated version of the list required tional students; or ACCOUNT. by paragraph (1) not less often than once ‘‘(ii) the school has increased enrollment in ‘‘(a) ESTABLISHMENT.—There is established each year; and the school (as described in subparagraph (A)) in the general fund of the Treasury a sepa- ‘‘(3) an amendment to the list required by for each of the 2 preceding academic years. rate account which shall be known as the paragraph (1) at the time any country quali- ‘‘(4) Not later than 1 year after receiving a ‘Domestic Nursing Enhancement Account.’ fies as a candidate country due to special cir- grant under this section, the school will for- Notwithstanding any other provision of law, cumstances under subsection (b)(1)(C).’’. mulate and implement a plan to accomplish there shall be deposited as offsetting receipts (2) RULEMAKING.— at least 2 of the following: into the account all fees collected under sec- (A) REQUIREMENT.—Not later than 180 days ‘‘(A) Establishing or significantly expand- tion 106(d)(5) of the American Competitive- after the date of the enactment of this Act, ing an accelerated baccalaureate degree ness in the Twenty-first Century Act of 2000 the Secretary of Homeland Security shall nursing program designed to graduate new (Public Law 106–313; 8 U.S.C. 1153 note). promulgate regulations to carry out the nurses in 12 to 18 months. Nothing in this subsection shall prohibit the amendments made by this subsection. ‘‘(B) Establishing cooperative depositing of other moneys into the account (B) CONTENT.—The regulations promul- intradisciplinary education among schools of established under this section. gated pursuant to paragraph (1) shall—

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE October 23, 2007 CONGRESSIONAL RECORD — SENATE S13269 (i) permit an eligible alien (as defined in tion incurred as part of a valid, voluntary in- nesses will provide their perspectives section 317A of the Immigration and Nation- dividual agreement in which the alien re- on the STB and its effectiveness in bal- ality Act, as added by paragraph (1)) and the ceived financial assistance to defray the ancing the commercial needs of rail- spouse or child of the eligible alien to reside costs of education or training to qualify as a roads and their customers and will pro- in a foreign country to work as a physician physician or other health care worker in or other healthcare worker as described in consideration for a commitment to work as vide an update on the Government Ac- subsection (a) of such section 317A for not a physician or other health care worker in countability Office 2006 report review- less than a 12-month period and not more the alien’s country of origin or the alien’s ing the freight railroad industry. than a 24-month period, and shall permit the country of residence. The PRESIDING OFFICER. Without Secretary to extend such period for an addi- ‘‘(iii) WAIVER.—The Secretary of Homeland objection, it is so ordered. tional period not to exceed 12 months, if the Security may waive a finding of inadmis- COMMITTEE ON COMMERCE, SCIENCE, AND Secretary determines that such country has sibility under clause (i) if the Secretary de- TRANSPORTATION a continuing need for such a physician or termines that— Mr. HARKIN. Mr. President, I ask other healthcare worker; ‘‘(I) the obligation was incurred by coer- unanimous consent that the Com- (ii) provide for the issuance of documents cion or other improper means; by the Secretary to such eligible alien, and ‘‘(II) the alien and the government of the mittee on Commerce, Science, and such spouse or child, if appropriate, to dem- country to which the alien has an out- Transportation be authorized to hold a onstrate that such eligible alien, and such standing obligation have reached a valid, hearing during the session of the Sen- spouse or child, if appropriate, is authorized voluntary agreement, pursuant to which the ate on Tuesday, October 23, 2007, at 2:30 to reside in such country under such section alien’s obligation has been deemed satisfied, p.m., in room 253 of the Russell Senate 317A; and or the alien has shown to the satisfaction of Office Building. (iii) provide for an expedited process the Secretary that the alien has been unable The hearing is on the nomination of through which the Secretary shall review ap- to reach such an agreement because of coer- Mr. Todd J. Zinser, Inspector General— plications for such an eligible alien to reside cion or other improper means; or Designate, United States Department in a foreign country pursuant to subsection ‘‘(III) the obligation should not be enforced (a) of such section 317A if the Secretary of due to other extraordinary circumstances, of Commerce; Mr. Robert Clarke State determines a country is a candidate including undue hardship that would be suf- Brown, Member of the Board of Direc- country pursuant to subsection (b)(1)(C) of fered by the alien in the absence of a waiv- tors—Designate, Metropolitan Wash- such section 317A. er.’’. ington Airports Authority; Mr. Carl B. (3) TECHNICAL AND CONFORMING AMEND- (2) EFFECTIVE DATE; APPLICATION.— Kress, Commissioner—Designate, Fed- MENTS.— (A) EFFECTIVE DATE.—The amendment eral Maritime Commission; and Mr. A. (A) DEFINITION.—Section 101(a)(13)(C)(ii) of made by paragraph (1) shall take effect on Paul Anderson, Commissioner (Re- the Immigration and Nationality Act (8 the date that is 180 days after the date of the appointment), Federal Maritime Com- U.S.C. 1101(a)(13)(C)(ii)) is amended by adding enactment of this Act. at the end the following: ‘‘except in the case (B) APPLICATION BY THE SECRETARY.—Not mission. of an eligible alien, or the spouse or child of later than the effective date described in The PRESIDING OFFICER. Without such alien, who is authorized to be absent subparagraph (A), the Secretary of Homeland objection, it is so ordered. from the United States under section 317A,’’. Security shall begin to carry out subpara- COMMITTEE ON ENVIRONMENT AND PUBLIC (B) DOCUMENTARY REQUIREMENTS.—Section graph (E) of section 212(a)(5) of the Immigra- WORKS 211(b) of such Act (8 U.S.C. 1181(b)) is amend- tion and Nationality Act, as added by para- Mr. HARKIN. Mr. President, I ask ed by inserting ‘‘, including an eligible alien graph (1), including the requirement for the unanimous consent that the Com- authorized to reside in a foreign country attestation and the granting of a waiver de- mittee on Environment and Public under section 317A and the spouse or child of scribed in clause (iii) of such subparagraph such eligible alien, if appropriate,’’ after (E), regardless of whether regulations to im- Works be authorized to meet during ‘‘101(a)(27)(A),’’. plement such subparagraph have been pro- the session of the Senate on Tuesday, (C) INELIGIBLE ALIENS.—Section mulgated. October 23, 2007 at 10 a.m. in room 406 212(a)(7)(A)(i)(I) of such Act (8 U.S.C. of the Dirksen Senate Office Building 1182(a)(7)(A)(i)(I)) is amended by inserting SA 3450. Mr. HARKIN (for Mr. in order to hold a hearing entitled, ‘‘other than an eligible alien authorized to DEMINT) proposed an amendment to ‘‘Examining the human health impacts reside in a foreign country under section amendment SA 3325 proposed by Mr. of global warming.’’ 317A and the spouse or child of such eligible HARKIN (for himself and Mr. SPECTER) The PRESIDING OFFICER. Without alien, if appropriate,’’ after ‘‘Act,’’. to the bill H.R. 3043, making appropria- objection, it is so ordered. (D) CLERICAL AMENDMENT.—The table of contents of such Act is amended by inserting tions for the Departments of Labor, COMMITTEE ON HEALTH, EDUCATION, LABOR, after the item relating to section 317 the fol- Health and Human Services, and Edu- AND PENSIONS lowing: cation, and related agencies for the fis- Mr. HARKIN. Mr. President, I ask ‘‘Sec. 317A. Temporary absence of aliens cal year ending September 30, 2008, and unanimous consent that the Com- providing health care in devel- for other purposes; as follows: mittee on Health, Education, Labor, oping countries.’’. At the appropriate place, insert the fol- and Pensions be authorized to hold a (4) AUTHORIZATION OF APPROPRIATIONS.— lowing: hearing entitled ‘‘EEOICPA: Is the Pro- There are authorized to be appropriated to SEC. lll. None of the funds made avail- gram Claimant Friendly for Our Cold U.S. Citizenship and Immigration Services able under this Act may be used to purchase War Heroes?’’ during the session of the such sums as may be necessary to carry out first class or premium airline travel that Senate on Tuesday, October 23, 2007 at this subsection and the amendments made would not be consistent with sections 301– by this subsection. 10.123 and 301–10.124 of title 41 of the Code of 10 a.m. in room 430 of the Dirksen Sen- (d) ATTESTATION BY HEALTH CARE WORK- Federal Regulations. ate office building. The PRESIDING OFFICER. Without ERS.— f (1) ATTESTATION REQUIREMENT.—Section objection, it is so ordered. 212(a)(5) of the Immigration and Nationality AUTHORITY FOR COMMITTEES TO COMMITTEE ON HOMELAND SECURITY AND Act (8 U.S.C. 1182(a)(5)) is amended by adding MEET GOVERNMENTAL AFFAIRS at the end the following: COMMITTEE ON COMMERCE, SCIENCE, AND Mr. HARKIN. Mr. President, I ask ‘‘(E) HEALTH CARE WORKERS WITH OTHER OB- TRANSPORTATION unanimous consent that the Com- LIGATIONS.— Mr. HARKIN. Mr. President, I ask mittee on Homeland Security and Gov- ‘‘(i) IN GENERAL.—An alien who seeks to enter the United States for the purpose of unanimous consent that the Com- ernmental Affairs be authorized to performing labor as a physician or other mittee on Commerce, Science, and meet during the session of the Senate health care worker is inadmissible unless the Transportation be authorized to hold a on Tuesday, October 23, 2007, at 10 a.m. alien submits to the Secretary of Homeland hearing during the session of the Sen- in order to conduct a hearing entitled Security or the Secretary of State, as appro- ate on Tuesday, October 23, 2007, at 10 ‘‘Six Years After Anthrax: Are We Bet- priate, an attestation that the alien is not a.m., in room 253 of the Russell Senate ter Prepared to Respond to Bioter- seeking to enter the United States for such Office Building. rorism?’’ purpose during any period in which the alien This hearing will examine the Sur- The PRESIDING OFFICER. Without has an outstanding obligation to the govern- objection, it is so ordered. ment of the alien’s country of origin or the face Transportation Board’s recent and alien’s country of residence. ongoing efforts related to the commer- SELECT COMMITTEE ON INTELLIGENCE ‘‘(ii) OBLIGATION DEFINED.—In this subpara- cial regulation of railroads, including Mr. HARKIN. Mr. President, I ask graph, the term ‘obligation’ means an obliga- rulemakings and recent cases. Wit- unanimous consent that the Select

VerDate Aug 31 2005 00:11 Oct 25, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\MIKE\TEST\S23OC7.REC S23OC7 mmaher on PRODPC24 with CONG-REC-ONLINE S13270 CONGRESSIONAL RECORD — SENATE October 23, 2007 Committee on Intelligence be author- a result enjoys expeditious and eco- leader controlling the final 10 minutes; ized to meet during the session of the nomical access to this information. that the Senate then proceed to vote Senate on October 23, 2007 at 2:30 p.m. Moreover, the United States has com- on the motion to invoke cloture on the to hold a closed hearing. mitted more resources than any other nomination at 11 a.m., as provided for The PRESIDING OFFICER. Without country to research, development, and under a previous order. objection, it is so ordered. evaluation of hydrographic instru- The PRESIDING OFFICER. Without f ments and therefore stands to benefit objection, it is so ordered. significantly from the efficiencies gen- REMOVAL OF INJUNCTION OF SE- f erated by this reorganization. CRECY—TREATY DOCUMENT NO. Article XXI of the Convention sets ADJOURNMENT UNTIL 9 A.M. 110–9 forth the procedure for the approval TOMORROW Mrs. FEINSTEIN. Mr. President, as and entry into force of amendments: The PRESIDING OFFICER. Under in executive session, I ask unanimous amendments that are adopted or ‘‘ap- the previous order, the Senate stands consent that the injunction of secrecy proved’’ by the Conference enter into adjourned until 9 a.m. tomorrow morn- be removed from the following treaty force for all Contracting Parties to the ing. transmitted to the Senate on October Convention 3 months after two-thirds Thereupon, the Senate, at 9:28 p.m., 23, 2007, by the President of the United of the Contracting Parties have noti- adjourned until Wednesday, October 24, States: fied the depositary of the their consent 2007, at 9 a.m. Protocol of Amendments to Conven- to be bound. f tion on International Hydrographic Or- I recommend that the Senate give ganization, Treaty Document No. 110–9. prompt and favorable consideration to NOMINATIONS I further ask unanimous consent that the Protocol and give its advice and the treaty be considered as having been Executive nominations received by consent to ratification. the Senate: read the first time; that it be referred, GEORGE W. BUSH. DEPARTMENT OF DEFENSE with accompanying papers, to the Com- THE WHITE HOUSE, October 23, 2007. mittee on Foreign Relations and or- JAMES SHINN, OF NEW JERSEY, TO BE AN ASSISTANT f SECRETARY OF DEFENSE. (NEW POSITION) dered to be printed; and that the Presi- dent’s message be printed in the MEASURES READ THE FIRST DEPARTMENT OF TRANSPORTATION RECORD. TIME—S. 2216 AND S. 2217 ROBERT A. STURGELL, OF MARYLAND, TO BE ADMINIS- TRATOR OF THE FEDERAL AVIATION ADMINISTRATION The PRESIDING OFFICER. Without Mrs. FEINSTEIN. Mr. President, I FOR THE TERM OF FIVE YEARS, VICE MARION C. BLAKEY, TERM EXPIRED. objection, it is so ordered. understand that there are two bills at FOREIGN SERVICE The message of the President is as the desk, and I ask for their first read- follows: ing en bloc. THE FOLLOWING-NAMED CAREER MEMBERS OF THE To the Senate of the United States: SENIOR FOREIGN SERVICE OF THE AGENCY FOR INTER- The PRESIDING OFFICER. The NATIONAL DEVELOPMENT FOR PROMOTION WITHIN AND With a view to receiving the advice clerk will report the bills by title for INTO THE SENIOR FOREIGN SERVICE TO THE CLASSES and consent of the Senate to ratifica- INDICATED: the first time. CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, tion, I transmit herewith the Protocol The legislative clerk read as follows: CLASS OF CAREER MINISTER: of Amendments to the Convention on ANNE H. AARNES, OF VERMONT the International Hydrographic Orga- A bill (S. 2216) to amend the Internal Rev- HILDA MARIE ARELLANO, OF TEXAS enue Code of 1986 to extend the Indian em- DAWN M. LIBERI, OF FLORIDA ´ nization done at Monaco on April 14, ployment credit and the depreciation rules KAREN DENE TURNER, OF THE DISTRICT OF COLUMBIA 2005. The Protocol amends the Conven- for property used predominantly within an CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, tion on the International Hydrographic Indian reservation. CLASS OF MINISTER-COUNSELOR: DEBORAH K. KENNEDY-IRAHETA, OF VIRGINIA Organization, which was done at A bill (S. 2217) to amend the Internal Rev- ERNA WILLIS KERST, OF THE DISTRICT OF COLUMBIA Monaco on May 3, 1967, and entered enue Code of 1986 to extend the taxable in- HOWARD JEFFREY SUMKA, OF MARYLAND into force for the United States on Sep- come limit on percentage depletion for oil LEON S. WASKIN, JR., OF FLORIDA and natural gas produced from marginal PAUL E. WEISENFELD, OF THE DISTRICT OF COLUMBIA tember 22, 1970 (TIAS 6933; 21 UST 1857; SUSUMU KEN YAMASHITA, OF FLORIDA properties. 752 UNTS 41). I am also transmitting, CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, for the information of the Senate, the Mrs. FEINSTEIN. I now ask for a sec- CLASS OF COUNSELOR: ond reading, and in order to place the JENNIFER ADAMS, OF NEW YORK report of the Secretary of State on the JOHN A. BEED, OF MARYLAND Protocol. bills on the calendar under the provi- BETH ELLEN CYPSER-KIM, OF NEW YORK sions of rule XIV, I object to my re- THOMAS R. DELANEY, OF PENNSYLVANIA The Protocol will facilitate the reor- DONA M. DINKLER, OF VIRGINIA ganization of the International Hydro- quests en bloc. GARY FLYNN FULLER, OF CALIFORNIA The PRESIDING OFFICER. Objec- LAWRENCE HARDY II, OF WASHINGTON graphic Organization (IHO). The IHO, MICHAEL T. HARVEY, OF TEXAS which is a technical and consultative tion is heard. The bills will receive JAMES M. HARMON, OF MARYLAND their second reading on the next legis- EDITH FAYSSOUX JONES HUMPHREYS, OF FLORIDA international organization headquar- BROOKE ANDREA ISHAM, OF WASHINGTON tered in Monaco, facilitates safe and ef- lative day. DAVID LEONG, OF VIRGINIA BOBBIE E. MYERS, OF FLORIDA ficient maritime navigation through- f CHARLES ERIC NORTH, OF VIRGINIA out the world. It accomplishes these MARTHA ERIN SOTO, OF VIRGINIA ORDERS FOR WEDNESDAY, DENNIS J. WELLER, OF ILLINOIS objectives by facilitating the coordina- MELISSA ANN WILLIAMS, OF VIRGINIA tion of the activities of national hydro- OCTOBER 24, 2007 THE FOLLOWING-NAMED CAREER MEMBERS OF THE graphic offices, promoting uniformity Mrs. FEINSTEIN. Mr. President, I SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF in the nautical charts and documents ask unanimous consent that when the STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- ICE TO THE CLASSES INDICATED: generated by such offices, encouraging Senate completes its business today, it CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE the adoption of reliable surveying stand adjourned until 9 a.m., Wednes- OF THE UNITED STATES OF AMERICA, CLASS OF CAREER day, October 24; that on Wednesday, MINISTER: methods, and fostering the develop- PAMELA E. BRIDGEWATER, OF MARYLAND ment of the science of hydrography. following the prayer and pledge, the STEVEN A. BROWNING, OF TEXAS Journal of proceedings be approved to JEREMY F. CURTIN, OF MARYLAND Reorganization of the IHO will result DANIEL FRIED, OF CALIFORNIA in a more flexible, efficient, and visible date, the morning hour be deemed ex- FRANCIS JOSEPH RICCIARDONE, JR., OF NEW HAMPSHIRE organization. pired, the time for the two leaders re- CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE Ratification of the Protocol would served for their use later in the day, OF THE UNITED STATES OF AMERICA, CLASS OF MIN- serve important U.S. interests. United and the Senate then resume executive ISTER-COUNSELOR: BERNADETTE MARY ALLEN, OF MARYLAND States commercial shipping, the session and consideration of the South- BETSY LYNN ANDERSON, OF VIRGINIA United States Navy, and the scientific wick nomination, with the time until CLAUDIA E. ANYASO, OF THE DISTRICT OF COLUMBIA EDMUND EARL ATKINS, OF CALIFORNIA research community rely heavily on 11 a.m. equally divided and controlled JOYCE A. BARR, OF WASHINGTON hydrographic information collected between the two leaders or their des- KEVIN MICHAEL BARRY, OF VIRGINIA LESLIE ANN BASSETT, OF CALIFORNIA and shared under the auspices of the ignees, and the time from 10:40 a.m. to DONNA M. BLAIR, OF LOUISIANA IHO. The United States plays an impor- 11 a.m. divided and controlled between ANNE TAYLOR CALLAGHAN, OF VIRGINIA ARNOLD A. CHACO´ N, OF NEW YORK tant leadership role in the IHO and as the two leaders, with the majority MICHAEL HUGH CORBIN, OF CALIFORNIA

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GENE ALLAN CRETZ, OF NEW YORK SUSAN ELAINE ALEXANDER, OF WASHINGTON VIRGINIA E. PALMER, OF VIRGINIA MICHAEL JOSEPH DARMIENTO, OF VIRGINIA RICHARD HANSON APPLETON, OF CALIFORNIA ROBERT PATTERSON, OF PENNSYLVANIA JONATHAN D. FARRAR, OF CALIFORNIA MICHAEL LEE BAJEK, OF TEXAS CLAIRE A. PIERANGELO, OF CALIFORNIA PHILIP S. GOLDBERG, OF NEW YORK ROBERT DAVID BANKS, OF VIRGINIA H. DEAN PITTMAN, OF MISSISSIPPI GARY A. GRAPPO, OF FLORIDA JOHN R. BASS II, OF NEW YORK ROBERT GLENN RAPSON, OF NEW HAMPSHIRE CHARLES H. GROVER, OF NEW HAMPSHIRE ROBERT STEPHEN BEECROFT, OF CALIFORNIA PHILIP THOMAS REEKER, OF NEW YORK DAVID M. HALE, OF NEW JERSEY ROBERT I. BLAU, OF VIRGINIA GARY D. ROBBINS, OF WASHINGTON ROBERT PORTER JACKSON, OF VIRGINIA THURMOND H. BORDEN, OF TEXAS TODD DAVID ROBINSON, OF NEW JERSEY TRACEY ANN JACOBSON, OF THE DISTRICT OF COLUMBIA PHILIP JACKSON BREEDEN, JR., OF CALIFORNIA MATTHEW M. ROONEY, OF TEXAS STUART E. JONES, OF PENNSYLVANIA MATTHEW J. BRYZA, OF CALIFORNIA DOROTHEA-MARIA ROSEN, OF CALIFORNIA PETER GRAHAM KAESTNER, OF FLORIDA PIPER ANNE-WIND CAMPBELL, OF NEW YORK ANDREW T. SIMKIN, OF WASHINGTON SUSAN E. KEOGH, OF CALIFORNIA THOMAS H. CASEY, JR., OF NEW JERSEY PAMELA LEORA SPRATLEN, OF CALIFORNIA NABEEL A. KHOURY, OF NEW YORK KAREN LISE CHRISTENSEN, OF VIRGINIA WILLIAM RALPH STEWART, OF TEXAS LISA JEAN KUBISKE, OF VIRGINIA ROBERT JOHN CLARKE, OF FLORIDA STEPHANIE SANDERS SULLIVAN, OF MARYLAND JOSEPH ESTEY MACMANUS, OF NEW YORK JOHN ALAN CONNERLEY, OF CALIFORNIA SUSAN M. SUTTON, OF VIRGINIA HAYNES RICHARDSON MAHONEY III, OF THOMAS FREDERICK DAUGHTON, OF NEW YORK ALAINA TEPLITZ, OF THE DISTRICT OF COLUMBIA MASSACHUSETTS ROBERT RICHARD DOWNES, OF TEXAS HEATHER ANN TOWNSEND, OF THE DISTRICT OF M. LEE MCCLENNY, OF WASHINGTON SUSAN MARSH ELLIOTT, OF VIRGINIA COLUMBIA NANCY E. MCELDOWNEY, OF FLORIDA LAURA PATRICIA FAUX-GABLE, OF VIRGINIA JEFFREY STEWART ALEXANDER TUNIS, OF FLORIDA CHRISTOPHER J. MCMULLEN, OF THE DISTRICT OF JULIE A. FURUTA-TOY, OF CALIFORNIA THOMAS E. WILLIAMS, JR., OF VIRGINIA COLUMBIA GONZALO ROLANDO GALLEGOS, OF TEXAS BISA WILLIAMS-MANIGAULT, OF TEXAS JAMES DESMOND MELVILLE, JR., OF NEW JERSEY PEGGY ANN GENNATIEMPO, OF WASHINGTON MARY HILLERS WITT, OF PENNSYLVANIA WILLIAM H. MOSER, OF FLORIDA THOMAS HENRY GOLDBERGER, OF NEW JERSEY ROBERT A. WOOD, OF NEW YORK SANDRA M. MUENCH, OF FLORIDA ROBERT DANIEL GRIFFITHS, OF NEVADA ANTHONY MUSE, OF TENNESSEE EVA JANE GROENING, OF NEW JERSEY CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, GERALDINE H. O’BRIEN, OF MASSACHUSETTS TED WILLIAM HALSTEAD, OF VIRGINIA CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND JAMES A. PAIGE, OF OHIO D. BRENT HARDT, OF FLORIDA SECRETARIES IN THE DIPLOMATIC SERVICE OF THE ISIAH L. PARNELL, OF FLORIDA CLIFFORD AWTREY HART, JR., OF VIRGINIA UNITED STATES OF AMERICA: MICHAEL BERNARD REGAN, OF NEW JERSEY FRANCISCA THOMAS HELMER, OF CALIFORNIA CHERYL L. ALSTON, OF TEXAS PAUL EDWARD ROWE, OF VIRGINIA SIMON HENSHAW, OF MASSACHUSETTS ROBERT DOUGLAS BARTON, OF TEXAS LARRY SCHWARTZ, OF WASHINGTON LESLIE C. HIGH, OF PENNSYLVANIA KEVIN W. BAUER, OF VIRGINIA JUSTINE M. SINCAVAGE, OF PENNSYLVANIA ANTHONY ALONZO HUTCHINSON, OF WASHINGTON STEPHEN P. BRUNETTE, OF VIRGINIA JAY THOMAS SMITH, OF INDIANA DOROTHY SENGER IMWOLD, OF FLORIDA SCOTT P. BULTROWICZ, OF OHIO BARBARA J. STEPHENSON, OF FLORIDA TINA S. KAIDANOW, OF NEW YORK KENNETH B. DEKLEVA, OF TEXAS AGU SUVARI, OF RHODE ISLAND ANN N. KAMBARA, OF CALIFORNIA LOREN F. FILE, JR., OF VIRGINIA TEDDY B. TAYLOR, OF MARYLAND DAVID JOEL KATZ, OF WASHINGTON GREGORY V. GAVAGAN, OF FLORIDA DONALD GENE TEITELBAUM, OF VIRGINIA NEIL R. KLOPFENSTEIN, OF IOWA JOSEPH G. HAYS III, OF VIRGINIA MARGARET A. UYEHARA, OF VIRGINIA CHRISTOPHER A. LAMBERT, OF VIRGINIA JOHN F. HERNLY, OF MARYLAND JAMES B. WARLICK, JR., OF CALIFORNIA JOHN CHARLES LAW, OF VIRGINIA KIBBY FELECIA JORGENSEN, OF FLORIDA KEVIN MICHAEL WHITAKER, OF VIRGINIA FRANK JOSEPH LEDAHAWSKY, OF NEW JERSEY GEORGE G. LAMBERT, OF INDIANA MARY JO WILLS, OF VIRGINIA LEWIS ALAN LUKENS, OF VERMONT PHILLIP S. LOUH, OF NEW JERSEY MARIE L. YOVANOVITCH, OF CONNECTICUT CAROL LYNN MACCURDY, OF VIRGINIA JAMES P. MCDERMOTT, OF MARYLAND KEVIN K. MAHER, OF VIRGINIA BILL A. MILLER, OF GEORGIA THE FOLLOWING-NAMED CAREER MEMBERS OF THE JOHN A. MATEL, OF WASHINGTON RICHARD A. NICHOLAS, OF COLORADO FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR ROBIN HILL MATTHEWMAN, OF WASHINGTON ROBERT A. RILEY, OF FLORIDA FOREIGN SERVICE, AND FOR APPOINTMENT AS CON- MATTHEW JOHN MATTHEWS, OF VIRGINIA MICHAEL H. ROSS, OF VIRGINIA SULAR OFFICERS AND SECRETARIES IN THE DIPLO- LOUIS MAZEL, OF NEW HAMPSHIRE ERIC N. RUMPF, OF WASHINGTON MATIC SERVICE, AS INDICATED: MICHAEL WILLIAM MCCLELLAN, OF KENTUCKY DONALD A. SCHENCK, OF VIRGINIA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE KENNETH H. MERTEN, OF VIRGINIA JOHN W. SCHILLING, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- LAWRENCE MIRE, OF CALIFORNIA CONRAD V. SCHMITT, OF TEXAS SELOR: MICHAEL CHASE MULLINS, OF NEW HAMPSHIRE JAMES E. VANDERPOOL, OF CALIFORNIA GREGORY ADAMS, OF ARIZONA RICHARD WALTER NELSON, OF CALIFORNIA FRONTIS B. WIGGINS, OF VIRGINIA

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