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, FRIDAY, SEPTEMBER 21, 2007 No. 141 House of Representatives The House was not in session today. Its next meeting will be held on Monday, September 24, 2007, at 12:30 p.m. Senate FRIDAY, SEPTEMBER 21, 2007

The Senate met at 9:15 a.m. and was APPOINTMENT OF ACTING the vote occurring at 10 a.m. At 10 called to order by the Honorable SHEL- PRESIDENT PRO TEMPORE a.m., that will be the only vote to DON WHITEHOUSE, a Senator from the The PRESIDING OFFICER. The occur today. State of Rhode Island. clerk will please read a communication I very much appreciate the coopera- to the Senate from the President pro tion of all Senators, Democrats and Re- PRAYER tempore (Mr. BYRD). publicans, that we worked out our The Chaplain, Dr. Barry C. Black, of- The legislative clerk read the fol- problems on Monday so that we can fered the following prayer: lowing letter: vote on the very long-standing issue. Let us pray. We should have done it, but we didn’t, U.S. SENATE, God of all nations, Lord of all people, PRESIDENT PRO TEMPORE, but I am glad we are doing it now—the thank You for a land where we can be- Washington, DC, September 21, 2007. WRDA bill. It is bipartisan; Senators lieve that our rights and freedom come To the Senate: BOXER and INHOFE worked on it very from You. We praise You for Your gifts Under the provisions of rule I, paragraph 3, hard. We are going to finish this Mon- of life, liberty, and dreams, and for of the Standing Rules of the Senate, I hereby day night. There will be work done on those who make daily sacrifices for appoint the Honorable SHELDON WHITEHOUSE, the Defense authorization bill on Mon- freedom. Forgive us when we fail to a Senator from the State of Rhode Island, to day. People can come and offer amend- live up to our high heritage, and infuse perform the duties of the Chair. ments, debate measures—whatever the ROBERT C. BYRD, us with a grace that transforms us into President pro tempore. managers feel is appropriate. Hopefully instruments of Your purposes. we can clear some amendments on that Empower our Senators to protect and Mr. WHITEHOUSE thereupon as- occasion. sumed the chair as Acting President guard the foundations of our liberty so f that America will bless the world. pro tempore. When our lawmakers are weary, replen- f RESERVATION OF LEADER TIME ish their spirits with the inspiration of RECOGNITION OF THE MAJORITY The ACTING PRESIDENT pro tem- Your presence, and never forsake them LEADER pore. Under the previous order, the in their hour of need. Bellow the flick- leadership time is reserved. The ACTING PRESIDENT pro tem- ering embers of their hearts until they f are white-hot again with the fires of pore. The majority leader is recog- NATIONAL DEFENSE AUTHORIZA- patriotism, vision, service, and hope. nized. TION ACT FOR FISCAL YEAR 2008 As many people prepare for Yom f Kippur, we thank You for Your atoning SCHEDULE The ACTING PRESIDENT pro tem- sacrifice that purchased our freedom. pore. Under the previous order, the We pray in Your marvelous Name. Mr. REID. Mr. President, this morn- Senate will resume consideration of Amen. ing the Senate will immediately re- H.R. 1585, which the clerk will report. sume consideration of the Defense De- The legislative clerk read as follows: f partment authorization measure and A bill (H.R. 1585) to authorize appropria- PLEDGE OF ALLEGIANCE conclude debate on the Levin-Reed tions for fiscal year 2008 for military activi- The Honorable SHELDON WHITEHOUSE amendment. Debate time until 9:50 this ties of the Department of Defense, for mili- led the Pledge of Allegiance, as follows: morning is equally divided and con- tary construction, and for defense activities I pledge allegiance to the Flag of the trolled between Senators LEVIN and of the Department of Energy, to prescribe United States of America, and to the Repub- MCCAIN. The two leaders will control military personnel strengths for such fiscal lic for which it stands, one nation under God, the time between 9:50 and 10 a.m., with year, and for other purposes. indivisible, with liberty and justice for all. myself controlling the last 5 minutes, Pending:

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

S11919

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VerDate Aug 31 2005 01:40 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.000 S21SEPT1 bajohnson on PRODPC61 with SENATE S11920 CONGRESSIONAL RECORD — SENATE September 21, 2007 Nelson (NE) (for Levin) amendment No. begin to draw our forces down, as Gen- willing to act, that we act to change 2011, in the nature of a substitute. eral Petraeus has announced? I think the course, to provide a strategy and a Warner (for Graham/Kyl) amendment No. most people would suggest probably policy that is consistent with our in- 2064 (to amendment No. 2011), to strike sec- not. terests, with our resources, and with tion 1023, relating to the granting of civil rights to terror suspects. So we are left with the reality on the our ideals that will help us move for- Levin/Reed amendment No. 2898 (to amend- ground and the reality here at home— ward. ment No. 2011), to provide for a reduction waning support for a policy that the I hope in the next several minutes as and transition of U.S. forces in Iraq. American people believe is misguided this vote comes to the floor that the Kyl/Lieberman amendment No. 3017 (to and has been incompetently executed message of the American people will be amendment No. 2011), to express the sense of by the administration. We have to heard and heeded and that we will the Senate regarding Iran. change the mission, and the core of the adopt the Levin-Reed amendment. The ACTING PRESIDENT pro tem- Levin-Reed amendment is to change I yield my time. pore. Under the previous order, the that mission, to go away from an open- Mr. LEVIN. I suggest the absence of time until 9:50 a.m. will be equally di- ended ‘‘we will do anything you want, a quorum and equally divide the time. vided between the Senator from Michi- Mr. Maliki, even if you don’t do any- The ACTING PRESIDENT pro tem- gan, Mr. LEVIN, and the Senator from thing we want’’ to focused counterter- pore. Without objection, it is so or- Arizona, Mr. MCCAIN. rorism, training Iraqi security forces, dered. The clerk will call the roll. Who yields time? and protecting our forces. It also recog- The legislative clerk proceeded to Mr. LEVIN. Mr. President, I suggest nizes that we have to have a timeframe call the roll. the absence of a quorum. in which to do those things. Mr. LEVIN. Mr. President, I ask The ACTING PRESIDENT pro tem- I am encouraged and I think all unanimous consent that the order for pore. The clerk will call the roll. should be encouraged that a year ago the quorum call be rescinded. The legislative clerk proceeded to when we started talking about initi- The ACTING PRESIDENT pro tem- call the roll. ating withdrawal of forces from Iraq, pore. Without objection, it is so or- Mr. LEVIN. Mr. President, I ask that was an item which was not only dered. unanimous consent that the order for hotly debated on the floor but severely Mr. LEVIN. Mr. President, I yield the quorum call be rescinded. criticized. myself 4 minutes. The ACTING PRESIDENT pro tem- General Petraeus has told us he will There is a lot of disagreement about pore. Without objection, it is so or- propose and will probably implement a Iraq policy, how we got into the quag- dered. withdrawal of forces before the end of mire we are in there, the failure to Mr. LEVIN. I also ask unanimous this year. That is part 1 of the Levin- plan properly, the disbanding of the consent that the time of the quorum be Reed approach. The second is to begin Iraqi Army, the lack of a plan for the equally divided and that apply retro- a transition to these missions, and we aftermath and a number of other issues actively. hope that can be accomplished in a which have been the subject of great The ACTING PRESIDENT pro tem- very short period of time. Finally, we debate. pore. Without objection, it is so or- would like to see these missions fully There is a consensus on a number of dered. vetted, fully set out and implemented issues. It is that consensus which Mr. LEVIN. Mr. President, I yield 5 on the ground, moving away from the drives the Levin-Reed amendment. minutes to the Senator from Rhode Is- open-ended approach within a fixed pe- There is a consensus that we have an land. riod of time. This approach, together important stake in a stable and inde- The ACTING PRESIDENT pro tem- with a very aggressive diplomatic ap- pendent Iraq. Everyone agrees on that. pore. The Senator from Rhode Island is proach, we believe is the key to con- The opponents of this amendment like recognized. tributing not just to the stability of to suggest that somehow or other the Mr. REED. Mr. President, I thank my Iraq but to the long-term interests of proponents are not interested in a sta- colleague, Senator LEVIN, for yielding the United States in the region and the ble and independent Iraq. It is exactly time and also for being the principal world. the opposite. We are as interested in author of the Levin-Reed amendment, I hope we are able to agree to this that as are the opponents. the amendment we are considering amendment, to pick up support. We The question is, Are we moving in today. There will be a vote shortly. have listened to General Petraeus. that direction? Is the current policy The amendment recognizes that we Frankly, he has in part agreed with us, working or do we need to change have responsibilities in Iraq, but it also in terms of beginning withdrawal. He course? Do we need to find a way to put recognizes the constraints we face in has suggested, but not definitively, pressure on the Iraqi leaders to reach Iraq. that some transition sometime down political settlement as the only hope of The first principal constraint is a the road must take place. But I think— achieving an independent and stable lack of sufficient forces to maintain surprisingly to me, at least—when Iraq? the current force level there. That asked what should we do in the next That is not the proponents of this alone must drive a change in mission year, he essentially said: I can’t tell amendment who are saying a political for our military forces in Iraq. But it you until next March, and then I will settlement is not the only hope of end- also recognizes the fundamental dy- tell you. We have to have a plan, a ing the violence and achieving sta- namic in Iraq, which is a political dy- strategy for this country that cer- bility, that is not just the proponents, namic. It is a political dynamic that tainly goes beyond next March. The that is a consensus point. General must be achieved, not by the United world and our strategic interests will Petraeus acknowledges that very open- States but by Iraqi political leaders. not start and stop in March. They are ly. The Iraq Study Group says that. When the President announced the continuous, they are challenging, and General Jones and his group say that. surge in January, he made it very clear we have to face the best course of ac- There is no solution that ends the vi- that the whole purpose was to provide tion going forward. We believe—I be- olence that is not based on a political these leaders with the political space lieve strongly—this is the best course coming together of the Iraqi leaders. and the climate to make tough deci- of action. They have to accept responsibility for sions. Frankly, those decisions have This war in Iraq has cost billions of their own country. They have to meet not been made. dollars. More profoundly and more fun- the benchmarks they themselves have What we have gained on the ground damentally, it has taken the lives of set for themselves. They have missed has been tactical momentum. Any time over 3,700 American service men and those benchmarks and the timelines you insert the greatest Army and Ma- women. It has injured countless. I that were set out by themselves for rine Corps and Air Force and Navy in think the American public is genuinely those benchmarks. the world into a situation, you are not only concerned but in a literal We have to change course because we going to make progress—and we have. sense heartbroken about what is going have been through now longer than we But the real question there is, Will on. They are asking us—indeed, de- fought World War II, we have been that progress last when we inevitably manding of us—if the President is un- there longer than we fought the Korean

VerDate Aug 31 2005 00:27 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.001 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11921 war, we have spent half a trillion dol- terterrorism mission, we are going to meetings. Prior to the surge, 85 percent lars or more, we have lost almost 4,000 change our mission so that we are of the mosque meetings were anti- of our brightest and bravest men and going to, yes, continue to support the American messages. Since the surge, women, seven times that many wound- Iraqi Army, to supply the Iraqi Army, since April, there hasn’t been one. ed, $10 billion a month. but we are getting out of the middle of So this is the kind of progress that is We have to change the dynamic in a sectarian battle for our sake and for being made. We now have volunteers Iraq, and that dynamic can only be the sake of the Iraqi people, to force going out there with spray cans, put- changed when those Iraqi leaders real- those leaders to take responsibility for ting circles around the undetonated ize the open-ended commitment is their own nation. IEDs, doing this on their own, risking over. If we simply say, as the President So it is not precipitous. We provide a their own lives to help Americans. says: Well, we will take another look in reasonable timeline. We say the troops We have this imbedded program, March, we will see what direction we that need to be withdrawn as part of where they actually go in joint secu- are going to go in March, whether we that transition to those new missions rity stations and live with the Iraqis. are going to reduce our presence below will be withdrawn within 9 months. It is something that has been very suc- the presurge level, but we will do that Mr. President, I yield the remainder cessful in developing close relation- in March, that is a continuation of the of my time. ships. So this is the kind of success we message which this administration has I yield the floor. are having. been delivering to the Iraqi leaders Mr. GRAHAM. Mr. President, how I was up in Tikrit the other day. Re- year after year: We are going to be pa- much time is remaining on our side? member, that is Saddam Hussein’s tient. We are going to be patient. The The ACTING PRESIDENT pro tem- hometown. Even up there, in that President has, a dozen times, said the pore. Twelve minutes. home territory up there, with the ex- American people need to be patient. Mr. GRAHAM. Mr. President, I yield ception of Diyala, it all looks real It is the opposite message that has a 5 minutes to Senator INHOFE from good. That is the bottom line. We have chance of working for the Iraqi leaders, Oklahoma. success. that we are mighty inpatient here in Mr. INHOFE. Mr. President, I think If we pass something now that tells America, with the dawdling of the po- we need to be real clear what we are them, in a period of time you can ex- litical leaders in Iraq, who are the only talking about. What we are talking pect us to leave, and this is what we ones who can achieve a political settle- about is telling the enemy what we are are going to do, we are giving them our ment. We cannot impose that on them, going to do. If there is one thing they playbook. If you look and see what only they can reach it. have said, our military has said we some of our top leaders have said about If they keep thinking we are not cannot do, is to leave precipitously and that, General Petraeus said: We cannot going to put the pressure on them, we let them know when we are going to do leave without jeopardying the gains we are going to be their security blanket, it. But that is what we are talking have started to achieve. we are going to protect them in the about. Those are the gains I talked about. Green Zone, we are going to continue You know, when General Petraeus Secretary Gates said: If we were to to lose our lives and squander our re- came a couple of weeks ago, I knew ex- withdraw, leaving Iraq in chaos, al- sources while they dawdle, they are actly what he was going to say because Qaida most certainly would use Anbar making the major fundamental mis- I was over there—I have been over Province as another base from which to take which is going to keep the vio- there actually 15 times in the AOR of plan operations. lence going. Iraq, not always in Iraq, sometimes Af- This is the type of thing we would be We have to correct that. We have to ghanistan, Djibouti and all of that. doing. I cannot imagine anyone would change that. We have to force those But I have watched very carefully, vote for any type of amendment that leaders to accept the responsibility for from time to time when I have been would tell the enemy specifically what their own country. there, what progress has been made. I we were going to do and when we were Now, the Iraq Study Group pointed to was in shock the last two trips we going to do it. the relationship between putting pres- took. The last two trips, it was so evi- Ambassador Crocker says: I cannot sure on the Iraqi leaders and having dent in that one area, starting with guarantee success in Iraq. I do believe, them reach an agreement. This is what Anbar, where most of the problems as I have described, it is attainable. I the Iraq Study Group pointed out now were. And I was in Anbar Province, in am certain that abandoning or dras- almost a year ago: That an open-ended Fallujah, during all the elections that tically curtailing our efforts will bring commitment of American forces would took place, and it was chaos up there. failure, and the consequences of such not provide the Iraqi Government the We remember our marines going door failure must be clearly understood by incentive it needs—the incentive it to door World War II style and all the us all. needs—to take the political actions things that were going on there. It is What are those consequences? It that give Iraq the best chance of quell- now totally secure. It is not secure would be a vacuum. We have heard ing sectarian violence. under us, it is secure under the Iraqi loudly and clearly from such people as I yield myself 1 additional minute. In security forces. President Ahmadi-Nejad who said: the absence of such an incentive, the We remember only a year ago the I can tell you there will be a power vacuum Iraq Study Group said, the Iraqi Gov- terrorists said Ramadi was going to be in the region. [This is if we leave precipi- ernment might continue to delay tak- the terrorist capital of world. It is now tously.] We are ready with other regional ing those actions. secure. All of the way through down countries such as Saudi Arabia, and the peo- That is the connection this amend- there, south of Baghdad, the same ple of Iraq to fill that vacuum. ment makes. What Levin-Reed says is: thing is happening. In other words, we leave, Iran comes We are not going to withdraw precipi- What has happened with this surge in, al-Qaida comes in, all the advances, tously, we are not going to totally are three different things: No. 1, the all the sacrifices, all the lives that withdraw, we have interests there that surge itself. That is more people. No. 2, have been lost will have been lost in require us to keep some troops there. we had General Petraeus going in. No. vain. But we have the need to change that 3, they did get the message from some I cannot imagine anyone would vote mission. of these surrender and cut-and-run res- for this amendment. I encourage my The President talks about the possi- olutions that there was the threat that fellow Senators to oppose it. bility, but he does not do it now. He we would pull out, and, consequently, I yield the floor. does not say: we are announcing we are the Iraqi security forces have done Mr. GRAHAM. Mr. President, how going to change our mission to a sup- things they have never done before. much time remains? port mission, out of the middle of a I learned something when I was over The ACTING PRESIDENT pro tem- civil war. We are going to change our there, and that was it is not the polit- pore. There is 7 minutes 10 seconds. mission to supporting our own people. ical leaders, it is the religious leaders Mr. GRAHAM. Mr. President, this We are going to change our mission to who are calling the shots. Our intel- has been a very spirited and meaning- going after terrorists, a targeted coun- ligence goes to all the weekly mosque ful debate. The amendment that has

VerDate Aug 31 2005 00:27 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.003 S21SEPT1 bajohnson on PRODPC61 with SENATE S11922 CONGRESSIONAL RECORD — SENATE September 21, 2007 been offered by two people I respect in fact, changed strategies. What did mentum that has been gained. We greatly. I do not question their motives we do? We went a different way. In- would put people at risk who have about loving our country anymore stead of withdrawing troops and doing come forward to help us. For example, than I do. They are trying to find out more of the same, we added troops. As 12,000 people have joined the police what is best for Iraq and a very dif- Senator INHOFE said, it is the best force in Anbar in 2007. In 2006, only ficult situation. We have an honest dis- thing we have done. These additional 1,000 people joined the police in Anbar. agreement. 30,000 combat troops being interjected There is local reconciliation going on. I think it has been a very healthy de- into the battlefield have paid off in se- There is a realization by the Iraqi peo- bate of reaching the same goal; that is, curity gains we have never seen before. ple that now is the time to step for- a successful outcome in Iraq. But make Hats off to the surge. To those who ward. Their politicians are lagging be- no mistake about it, from my point of are part of the surge, those who have hind the local population, but it will view, the reason I oppose this resolu- been in Iraq for a very long time, I ac- not be long before Baghdad under- tion, it is a change in military strat- knowledge and respect your success be- stands that they have to reconcile egy. cause the success has been undeniable. their country through the political Senator REED talked about similar- The challenges are also undeniable. process. They will only do that with ities between what General Petraeus But without the surge, there would better security. said and what this resolution would do. have been no turnaround in Anbar. The When you reach across the aisle in There are some similarities, but it is a people in Anbar had had enough of al- America, you can pay a heavy price in fundamental change in military strat- Qaida. We can’t take credit for that. terms of your political future. When egy. After General Petraeus testified, Al-Qaida overplayed its hand, and we you reach across the aisle in Baghdad, is that wise for us to do that? Is it wise had additional combat power in place your family can be killed. Better secu- for the Congress to basically take oper- to take advantage of a population that rity will breed more political reconcili- ational control of this war from Gen- was ready to make a choice, a choice ation, not less. To abandon this strat- eral Petraeus? for the good. Their rejection of al- egy now, to substitute the Congress’s Because that is what this resolution Qaida is not national political rec- judgment for General Petraeus’s judg- would do, it restructures our forces in onciliation, it is not embracing democ- ment, is ill-advised and unwarranted. a way he did not recommend. It would racy. But it is good news because you Quite frankly, General Petraeus and be a very overt rejection of General have Sunni Arabs rejecting the al- the troops serving under him deserve Petraeus’s leadership, his strategy, his Qaida agenda, and that is great news. our support and our respect, and they vision, and his recommendations. I This resolution not only is a rejec- have earned the ability to carry on think we need to understand that tion of General Petraeus’s strategy, his their mission. They have earned, based would be the consequence of passing vision for how to be successful, it has on success on the battlefield, the right this resolution. an impractical effect. The rules of en- to move forward as they deem to be It would be saying, respectfully, no gagement one would have to draft militarily sound. to General Petraeus and yes to the around implementing this strategy are The Congress is at 11 percent. Part of Congress in terms of how to run a war. almost impossible from my point of the reason we are at 11 percent is that I think that is not wise. It is the de view. Just to train and fight al-Qaida, we don’t seem to be able to come to- facto return to the old strategy. For 31⁄2 how do you do that, when you have all gether and solve hard problems. Why years, we had the strategy on the kinds of enemies running around Iraq, do we believe we have a better insight ground in Iraq that did not produce re- including Iran, including sectarian vio- into how to win this war than a battle- sults that were beneficial. lence? The idea that we are going to field commander who has produced re- I am a military lawyer, and I have no change missions and adopt this resolu- sults never known before? I don’t think expertise about how to invade a coun- tion as a new mission and have such a we do. try or manage a population once the limited military ability is unwise and I will end this debate in a respectful invasion is over. But I can tell you this impractical. manner. We have the same goal, and based on common sense and 31⁄2 years of It is a dangerous precedent for the that is to bring about political rec- experience. The old strategy was not Congress to set to withdraw from a onciliation and success in Iraq. Unfor- working. The first trip to Baghdad military commander who has been suc- tunately, this goes backwards at a after the fall of the capital, you were cessful the power to implement a strat- time when we need to go forward. able to move around, it was a bit cha- egy that has proven to be successful. (At the request of Mr. REID, the fol- otic, but you were able to go downtown The basic premise of the resolution lowing statement was ordered to be and do some things you have a hard is, if we change strategies, reject Gen- printed in the RECORD.) time even doing today. eral Petraeus and go to the old strat- ∑ Mr. DURBIN. Mr. President, today I But by the third trip to Baghdad egy, which is, in essence, what we am necessarily absent to attend a fu- after the fall, we were in a security en- would be doing, it would bring about neral, and therefore will miss rollcall vironment, almost in a tank. So it was better reconciliation. My fundamental vote No. 346 on the Levin-Reed amend- clear to me, training the Iraqi troops, belief is that we will never have polit- ment to provide for a reduction and having a small military footprint, was ical reconciliation until we have better transition of U.S. forces in Iraq. As a not achieving the security we needed security. The new strategy, the surge, cosponsor of this amendment, had I for reconciliation. And the few ‘‘dead- has brought about better security than been present, I would have voted enders’’ were the most resilient people we have ever had before in Iraq. Even ‘‘yea.’’∑ in the world. If the insurgency was in though it is still a very dangerous (At the request of Mr. REID, the fol- its last throes, it was a deep throe. place, there is no evidence to suggest lowing statement was ordered to be Every time I asked the people coming that reconciliation would be enhanced printed in the RECORD.) back who were running the old strat- by rejecting Petraeus and adopting the ∑ Mrs. BOXER. Mr. President, I sup- egy and testifying to Congress, what is Congress’s plan for Iraq. Quite the op- port passage of the Levin-Reed amend- the general number of insurgents, posite. I think all of the evidence we ment and a new course of action in about 5,000 hard-core insurgents. It is have before us is that a smaller mili- Iraq. the most resilient 5,000 in the world. tary footprint, when you are training This amendment makes three signifi- They were able, certainly, to do a lot of and fighting behind walls, empowers cant and important changes in our in- havoc. Thank goodness we changed the enemy. If we adopted this resolu- volvement in Iraq that to this point strategies. tion, the security gains we have the administration has been unwilling Senators LEVIN and REED and others achieved would be lost. We would be to make, even though the American have been arguing for a very long time abandoning people who have come for- people have been demanding change for to change course and change strate- ward to help us. We wouldn’t have the over a year. gies. The President heard that call. He military power to seize the momentum First, it removes our troops from the sat down with military leaders and put that has been gained from the surge. civil war they are now policing and a new commander in the field. We have, We would actually roll back the mo- gives them three achievable missions:

VerDate Aug 31 2005 00:27 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.004 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11923 to conduct targeted counterterrorism suicide attacks in Baghdad have fallen nian dominated Middle East that is operations against al-Qaida and affili- to their lowest level in a year, and that roiled by wider regional war and rid- ated terrorist organizations; to train civilian casualties have dropped from a dled with terrorist safehavens. and equip Iraqi Security Forces; and, high of 32 per day to 12 per day. His The hour is indeed late in Iraq. How to provide security for U.S. personnel comments were echoed by LTG Abboud we have arrived at this critical and and infrastructure. Qanbar, the Iraqi commander, who said desperate moment has been well chron- Second, the amendment calls for the that before the surge began, one third icled, and history’s judgment about the safe redeployment of those troops not of Baghdad’s 507 districts were under long catalogue of mistakes in the pros- required for these three missions begin- insurgent control. Today, he said, ecution of this war will be stern and ning in 3 months and to be completed ‘‘only five to six districts can be called unforgiving. But history will revere the within 9 months of this bill’s passage. hot areas.’’ Anyone who has traveled honor and the sacrifice of those Ameri- And finally this amendment ac- recently to Anbar, or Diyala, or Bagh- cans, who despite the mistakes and knowledges what we have known all dad, can see the improvements that failures of both civilian and military along that there is no military solution have taken place over the past months. leaders, shouldered a rifle and risked to this conflict. It calls for the imple- With violence down, commerce has everything—everything—so that the mentation of a comprehensive diplo- risen and the bottom-up efforts to country they love so well might not matic, political, and economic strategy forge counterterrorism alliances are suffer the many dangerous con- to jump start the process of reconcili- bearing tangible fruit. sequences of defeat. ation and stability. This strategy None of this is to argue that Baghdad That is what General Petraeus, and would include sustained engagement or other regions have suddenly become the Americans he has the honor to with Iraq’s neighbors and the inter- safe, or that violence has come down to command, are trying to do—to fight national community and the appoint- acceptable levels. As General Odierno smarter and better, in a way that ad- ment of an international mediator in pointed out, violence is still too high dresses and doesn’t strengthen the tac- Iraq under the United Nations Security and there are many unsafe areas. Nev- tics of the enemy, and to give the Council. The mediator would have the ertheless, such positive developments Iraqis the security and opportunity to authority to engage the political, reli- illustrate General Petraeus’s conten- make the necessary political decisions gious, ethnic, and tribal leaders in a tion last week that American and Iraqi to save their country from the abyss of political process that aims to avoid no forces have achieved substantial genocide and a permanent and spread- one wants—regional civil war. progress under their new strategy. ing war. Now is not the time for us to For nearly 5 years, our troops have No one can guarantee success or be lose our resolve. We must remain done everything asked of them. It is certain about its prospects. We can be steadfast in our mission, for we do not time for Iraqis to provide the security sure, however, that should the United fight only for the interests of Iraqis, for their own country. I urge adoption States Congress succeed in terminating Mr. President, we fight for ours as well. of the Levin-Reed amendment.∑ the strategy by legislating an abrupt In this moment of serious peril for The ACTING PRESIDENT pro tem- withdrawal and a transition to a new, America, we must all of us remember pore. Under the previous order, the less effective and more dangerous to who and what we owe our first alle- time between 9:50 and 10 a.m. will be course—should we do that, then we will giance—to the security of the Amer- equally divided between the two lead- fail for certain. ican people and to the ideals upon ers or their designees, with the major- Let us make no mistake about the which we our Nation was founded. That ity leader or his designee controlling costs of such an American failure in responsibility is our dearest privilege the final 5 minutes. Iraq. Many of my colleagues would like and to be judged by history to have dis- Mr. MCCAIN. Mr. President, with this to believe that, should the amendment charged it honorably will, in the end, vote, the Senate faces, once again, a we are currently considering become matter so much more to all of us than simple choice: whether to build on the law, it would mark the end of this long any fleeting glory of popular acclaim, successes of our new strategy and give effort. They are wrong. Should the electoral advantage or office. I hope we General Petraeus and the troops under Congress force a precipitous with- might all have good reason to expect a his command the time and support drawal from Iraq, it would mark a new kinder judgment of our flaws and fol- needed to carry out their mission, or to beginning, the start of a new, more lies because when it mattered most we ignore the realities on the ground and dangerous effort to contain the forces chose to put the interests of this great legislate a premature end to our efforts unleashed by our disengagement. If we and good Nation before our own, and in Iraq, accepting thereby the terrible leave, we will be back—in Iraq and helped, in our own small way, preserve consequences that will ensue. elsewhere—in many more desperate for all humanity the magnificent and Many Senators wished to postpone fights to protect our security and at an inspiring example of an assured, suc- this choice, preferring to await the tes- even greater cost in American lives and cessful and ever advancing America timony of General Petraeus and Am- treasure. and the ideals that make us still the bassador Crocker. Last week these two We cannot set a date for withdrawal greatest Nation on Earth. career officers reported unambiguously without setting a date for surrender. Mr. GRAHAM. Mr. President, I don’t that the new strategy is succeeding in Should we leave Iraq before there is a believe Senator MCCONNELL is coming. Iraq. After nearly 4 years of mis- basic level of stability, we invite chaos, The ACTING PRESIDENT pro tem- managed war, the situation on the genocide, terrorist safehavens and re- pore. The majority leader. ground in Iraq shows demonstrable gional war. We invite further Iranian Mr. REID. Mr. President, it is morn- signs of progress. Understanding what influence at a time when Iranian ing here in Washington. It is dusk in we now know—that our military is operatives are already moving weap- Baghdad. As we debate this war yet making progress on the ground, and ons, training fighters, providing re- again at home, another day draws to a that their commanders request from us sources, and helping plan operations to close for our troops in Iraq. Tonight the time and support necessary to suc- kill American soldiers and damage our they will sleep on foreign sand. Tomor- ceed in Iraq—it is inconceivable that efforts to bring stability to Iraq. If any row they will draw yet again from an we in Congress would end this strategy of my colleagues remain unsure of endless well of courage to face another just as it is beginning to show real re- Iran’s intentions in the region, may I day of war. Some will likely die. Many sults. direct them to the recent remarks of will surely be wounded. They will face General Petraeus reported in detail the Iranian president, who said: ‘‘The hatred they did not create and violence on these gains during his testimony in political power of the occupiers is col- they cannot resolve. both Houses and in countless inter- lapsing rapidly . . . Soon, we will see a One soldier described the average day views. The No. 2 U.S. commander in huge power vacuum in the region. Of as ‘‘being ordered into houses without Iraq, LTG Ray Odierno, said yesterday course, we are prepared to fill the gap.’’ knowing what was behind strangers’ that the 7-month-old security oper- If our notions of national security have doors . . . walking along roadsides ation has reduced violence in Baghdad any meaning, they cannot include per- fearing the next step could trigger le- by some 50 percent, that car bombs and mitting the establishment of an Ira- thal explosives.’’

VerDate Aug 31 2005 00:27 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.007 S21SEPT1 bajohnson on PRODPC61 with SENATE S11924 CONGRESSIONAL RECORD — SENATE September 21, 2007 The soldier who told that story trag- In just a few hours it will be sun- NAYS—47 ically took his own life while on his down, beginning the holiest day of the Alexander DeMint McCain second deployment. His name was PFC year for those of the Jewish faith, Yom Allard Dodd McConnell Travis Virgadamo of Las Vegas. Travis Kippur. Reflecting on that, one needs Barrasso Dole Murkowski Bond Ensign Nelson (NE) was 19 years old when he took his life. only to look at the Old Testament, the Brownback Enzi Pryor As our troops rise in the morning, so book of Job, where Job asks: ‘‘But Bunning Graham Roberts will millions of innocent Iraqi citizens. where shall wisdom be found?’’ Burr Grassley Sessions Today thousands of Iraqis will abandon Chambliss Gregg Shelby I say wisdom lies with the American Coburn Hatch Specter their homes and neighborhoods to flee people, a strong majority of Demo- Cochran Hutchison Stevens as refugees to Iran, Jordan, Syria, and Coleman Inhofe crats, Republicans, and Independents Sununu other countries. Those Iraqis who re- Collins Isakson who so oppose this war. I hope wisdom Corker Kyl Thune main will face what has become the is found on the Senate floor today as Cornyn Lieberman Vitter daily norm of life in Iraq—water short- well; that we follow the wishes, the de- Craig Lugar Voinovich ages, no electricity, the constant mands, the hopes, and the prayers of Crapo Martinez Warner threat of violence, and, as we learned the American people. When our grand- NOT VOTING—6 today, cholera, an ancient disease that children and generations to come study Bennett Domenici Lott has now hit the ancient land of Iraq. this war and this Government, I pray Boxer Durbin Sanders Remember, 1.2 million Iraqis have been they will be able to say this was a turn- The ACTING PRESIDENT pro tem- killed since our military invasion. Our ing point in a war that has cost us so pore. On this vote, the yeas are 47, the 160,000 or 170,000 courageous troops and much. I ask my Republican colleagues nays are 47. Under the previous order those innocent Iraqi men, women, and for the courage and wisdom to join the requiring 60 votes for the adoption of children will wake on the 1,646th day of American people and bring our troops this amendment, the amendment is this war, 1,646 days and nights of war. home. Courage and wisdom demands withdrawn. I repeat, 1.2 million Iraqis have been that we do such. Mr. REED. Mr. President, I move to killed since our military invasion. I ask unanimous consent to start the reconsider the vote, and I move to lay Here in Washington, DC, we have a vote. We will make sure that everyone that motion on the table. choice to make minutes from now. If has ample time to vote. We will vote as The motion to lay on the table was we reject this amendment before us, if it started at 10. agreed to. this war will rage on and on, with no The ACTING PRESIDENT pro tem- Mr. REED. Mr. President, I note the end in sight. Our troops will remain absence of a quorum. caught in the crossfire of another coun- pore. Is there objection? Without objection, it is so ordered. The ACTING PRESIDENT pro tem- try’s civil war. Our Armed Forces will pore. The clerk will call the roll. continue to be strained to the breaking Mr. REID. I ask for the yeas and nays. The assistant legislative clerk pro- point. But there is a choice. There can ceeded to call the roll. be light at the end of this long, dark The ACTING PRESIDENT pro tem- pore. Is there a sufficient second? Mr. LEVIN. Mr. President, I ask tunnel. If we stand together and adopt unanimous consent that the order for There appears to be a sufficient sec- this amendment, today can be known the quorum call be rescinded. ond. as the first day of the end of this war, The ACTING PRESIDENT pro tem- The question is on agreeing to the first day Congress fulfills its con- pore. Without objection, it is so or- amendment No. 2898. stitutional duty to have a plan to bring dered. our soldiers and marines home. We can The clerk will call the roll. Mr. LEVIN. Mr. President, Senator begin to return our troops to safety The assistant legislative clerk called MCCAIN and I have had discussions with and give them the hero’s welcome that the roll. our leader, and I assume on their side, has been earned and so long in coming. Mr. REID. I announce that the Sen- and this course of action has been We can refocus our efforts on reaching ator from California (Mrs. BOXER), the cleared. Here is what we are proposing the political solution that all experts, Senator from Illinois (Mr. DURBIN), and to do: The Biden amendment is going even the President’s own generals, the Senator from Vermont (Mr. SAND- to be laid down today. There will be agree must be achieved. And we can re- ERS) are necessarily absent. perhaps an hour or so on that amend- turn our focus to the grave and grow- Mr. MCCONNELL. The following Sen- ment—perhaps more; there is no time ing threat we face from Osama bin ators are necessarily absent: the Sen- limit on debate today. There will be no Laden and his al-Qaida network, and ator from Utah (Mr. BENNETT), the more votes today, as the leaders an- others, who have the will and capa- Senator from New Mexico (Mr. DOMEN- nounced. But on Monday, we will make bility to do us harm. ICI), and the Senator from Mississippi an effort—let me go back. On Tuesday I stand today with my colleagues, (Mr. LOTT). at 10 o’clock, we are going to have a Senators LEVIN and REED, in support of Further, if present and voting, the unanimous consent agreement that the this amendment. This is a terrific piece Senator from New Mexico (Mr. DOMEN- Biden amendment will be voted on at of legislation, legislation that recog- ICI), and the Senator from Mississippi nizes the duties of this separate and 10 o’clock on Tuesday. That is going to (Mr. LOTT) would have voted ‘‘nay.’’ be part of a unanimous consent agree- equal branch of Government, the legis- The ACTING PRESIDENT pro tem- lative branch. I am grateful for the few ment that is being prepared. pore. Are there any other Senators in In addition, in terms of the Republicans who have shown the cour- the Chamber desiring to vote? age to join us in a quest to end suf- Lieberman-Kyl amendment, there will The result was announced—yeas 47, be some debate on that today, and on fering, sorrow, and terror. Countless nays 47, as follows: words, reams of paper, and so much ink Monday, and we will make an effort to have been spent on the Iraq debate in [Rollcall Vote No. 346 Leg.] see if we can’t agree on a time certain the Senate and in the country. So let YEAS—47 on Tuesday, after the Biden amend- me add this morning that this amend- Akaka Hagel Murray ment is disposed of on Tuesday. But we ment is a reasonable and responsible Baucus Harkin Nelson (FL) can’t commit to that now. We will Bayh Inouye way forward. This amendment sets a Obama make a good-faith effort on Monday to Biden Johnson Reed set up that time on Tuesday, after the binding path well within our constitu- Bingaman Kennedy Reid Biden amendment is disposed of. tional authority and without compro- Brown Kerry Rockefeller mising our national security interests. Byrd Klobuchar Salazar Mr. REID. Mr. President, I think we Cantwell Kohl Schumer are headed in the right direction. We This vote will come down to a question Cardin Landrieu Smith Carper Lautenberg may have to drag that vote—not drag of courage and wisdom. Snowe Casey Leahy it but set it for 10:15. We usually don’t President John Kennedy said: Stabenow Clinton Levin A man does what he must—in spite of per- Tester come in on Tuesdays until 10 o’clock, Conrad Lincoln so would 10:15 be OK? sonal consequences, in spite of obstacles and Dorgan McCaskill Webb dangers and pressures—and that is the basis Feingold Menendez Whitehouse Mr. BIDEN. I know this is unusual. of all human morality. Feinstein Mikulski Wyden Mr. President, if we could start that at

VerDate Aug 31 2005 01:40 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.009 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11925 10 and we didn’t drag it, it would be appointment of conferees, it may give comments. I am a cosponsor of this better. us some momentum. amendment. I have said for a long time Mr. REID. I would say to my friend, Mr. MCCAIN. Mr. President, I thank it is my belief that if we could allow on Tuesdays we don’t come into session the chairman. I agree. I will make the sectors of Iraq to have their own until 10 o’clock. There are meetings every effort to do that. I am confident semiautonomous government, like is going on in the Capitol and people that no one on this side would object. now in the northern part with the can’t be here until 10, but we could set It has to be done. Everyplace I go, I Kurds—and the southern part is mostly the vote for shortly thereafter, 10 after hear concern and the continued out- Shia—I think we could really begin to or something like that, but it takes a rage about the situation that existed see economic stability, as well as polit- little while. at Walter Reed, and the American peo- ical stability. Mr. BIDEN. OK. That is not a very ple are not confident that we have Of course, we all know we should senatorial response, but OK. taken the necessary measures to pro- have oil revenue that would go to all of Mr. MCCAIN. Mr. President, could I vide for the care of our veterans. the people of Iraq, fairly allocated. But say I thank Senator LEVIN, Senator I yield the floor. I think we have seen in Bosnia a less- REID, and Senator BIDEN. Senator The ACTING PRESIDENT pro tem- ening of tensions when there is a capa- LIEBERMAN and Senator KYL will be pore. The Senator from Delaware is bility for the security forces, the edu- discussing their amendment, which is a recognized. cational and the religious sects to have very important amendment concerning Mr. BIDEN. Mr. President, before I their own ability to govern within Iran so that everybody will have a good send an amendment to the desk, I do themselves. If we can get economic sta- idea, and they will be discussing it not want to in any way disagree with bility, which is largely untalked about again on Monday—or debating it. I anything that was said but expand on in the United States, I think that would hope, as the distinguished chair- it slightly. There is a Biden-Brownback would bring the political stability man has said, that we could probably amendment. Senator BROWNBACK is a along. vote on the Kyl-Lieberman amendment major sponsor of this amendment, and So I commend Senator BIDEN. I have very shortly after the vote on the I will yield to him in a moment be- written on this as well. Senator Biden amendment, yet we are unable to cause he has a difficult scheduling di- BROWNBACK and I have talked about put that in concrete. There may be a lemma. I will let him go first. I also this in many forums. It is important side by side, there may not be. want to make it clear that Senators that we look at not only the great suc- I wish to remind my colleagues BOXER, KERRY, SPECTER, probably cess we are having, which General again, if I could, this is the 13th day of HUTCHISON, and others are going to Petraeus reported on, we are stabi- debate now, and we have had 79 hours want to speak to this amendment. lizing the country on the security side. of debate on this bill. The Wounded I am assuming that on Monday this We are keeping our commitments. We Warriors legislation is still waiting, will still be the pending business and are going to be able to do it with fewer the pay raise, so many other things that we will be able to continue to dis- Americans and bring the Iraqi troops that are vital to, I believe, the men and cuss and debate this issue, so Senators forward, but it will not stabilize Iraq. women who are serving and the secu- have time. This is an important week- We must have economic and political rity of this Nation. What I hope—and I end in the Jewish faith, so a lot of peo- security. So I thank the chairman, and know Senator LEVIN who is managing ple are not here. But I assume, not- I thank Senator BROWNBACK. I will this bill would agree—is that once we withstanding the fact that we are speak again Monday. It is the most im- finish the Iraq issue, we should be able going to vote shortly after we convene portant sense of the Senate that we to move through the other amend- on Tuesday morning, that we will have can have on this bill. Thank you. ments rather quickly. We are obviously an opportunity to speak to this on AMENDMENT NO. 2997 TO AMENDMENT NO. 2011 running out of time. The first of Octo- Monday as well. Mr. BIDEN. Mr. President, I call up ber is upon us. So I hope we can finish Now, today I will offer an amend- amendment No. 2997. the Iraq amendments as quickly as pos- ment to the Defense authorization bill The ACTING PRESIDENT pro tem- sible and move on to the 100 or so concerning U.S. policy in Iraq. As I pore. The clerk will report. amendments we have on the bill itself. said, I am joined by a bipartisan group The assistant legislative clerk read I thank the chairman for all of the co- of colleagues, including Senators as follows: operation and hard work he has done BROWNBACK, BOXER, SPECTER, KERRY, The Senator from Delaware [Mr. BIDEN], on this bill. and, I believe, Senator HUTCHISON. Our for himself, Mr. BROWNBACK, Mrs. BOXER, Mr. Mr. LEVIN. Mr. President, I agree amendment says it should be the policy SPECTER, Mr. KERRY, Mr. SMITH, Mr. NELSON with my good friend from Arizona on of the United States to support a polit- of Florida, Mrs. HUTCHISON, Mr. SCHUMER, the need to move forward. We have lit- ical settlement in Iraq based on the Ms. MIKULSKI, and Mrs. LINCOLN, proposes an erally hundreds of amendments we are principles of federalism. I have much amendment number 2997. working on. At some point next week more to say about this. Again, I thank Mr. BIDEN. Mr. President, I ask we are going to have to find a way to my friend from Kansas who has been a unanimous consent that reading of the end this. We have made efforts with major proponent of this approach for amendment be dispensed with. unanimous consent proposals to cut off some time. We joined forces together The ACTING PRESIDENT pro tem- on amendments, but they have been ob- months ago. He has a very tight sched- pore. Without objection, it is so or- jected to, and then more flood in. We ule, so he will speak first. I see Senator dered. have to get to an end point. HUTCHISON standing also. The amendment is as follows: However, in reference to the Wound- Mrs. HUTCHISON. Mr. President, I (Purpose: To express the sense of Congress ed Warriors legislation, there is a sepa- just ask the Senator, if he will yield on federalism in Iraq) rate bill on which I think appointing briefly, is it possible that I may make At the end of subtitle C of title XV, add the conferees has been cleared on this side. a 2-minute statement after Senator following: I am wondering if the Senator from Ar- ROWNBACK B , and then I will come back SEC. 1535. SENSE OF CONGRESS ON FEDERALISM izona might check with his side to see on Monday as well? IN IRAQ. whether the appointment of conferees Mr. BIDEN. Possibly, Senator (a) FINDINGS.—Congress makes the fol- could be cleared. I think it will be part BROWNBACK would let the Senator from lowing findings: of this bill at the end. It is important Texas proceed for 2 minutes now. (1) Iraq continues to experience a self-sus- that we move this bill for a lot of rea- Mr. BROWNBACK. Yes, I will yield taining cycle of sectarian violence. sons, including that one. to the Senator from Texas before I (2) The ongoing sectarian violence presents But we have a fallback. We have a speak. a threat to regional and world peace, and the safety valve. We also have a separate The ACTING PRESIDENT pro tem- long-term security interests of the United States are best served by an Iraq that is sta- bill which we would like to get to con- pore. The Senator from Texas is recog- ble, not a haven for terrorists, and not a ference, and if the ranking member nized for 2 minutes. threat to its neighbors. could check on the Republican side and Mrs. HUTCHISON. Mr. President, (3) Iraqis must reach a comprehensive and see if we can get the clearance for the thank you. Monday, I will make longer sustainable political settlement in order to

VerDate Aug 31 2005 00:27 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.019 S21SEPT1 bajohnson on PRODPC61 with SENATE S11926 CONGRESSIONAL RECORD — SENATE September 21, 2007 achieve stability, and the failure of the (3) the United States should urge the Gov- uting oil revenues, which is crucial to Iraqis to reach such a settlement is a pri- ernment of Iraq to quickly agree upon and any federal solution in Iraq. It is the mary cause of increasing violence in Iraq. implement a law providing for the equitable oil that will keep the whole place to- (4) The Key Judgments of the January 2007 distribution of oil revenues, which is a crit- gether. National Intelligence Estimate entitled ical component of a comprehensive political I show my colleagues a map that I ‘‘Prospects for Iraq’s Stability: A Chal- settlement based upon federalism; and lenging Road Ahead’’ state, ‘‘A number of (4) the steps described in paragraphs (1), think is kind of interesting. It is a map identifiable developments could help to re- (2), and (3) could lead to an Iraq that is sta- of Iraq under the Ottoman Empire. It is verse the negative trends driving Iraq’s cur- ble, not a haven for terrorists, and not a prior to the World War I divisions in rent trajectory. They include: Broader Sunni threat to its neighbors. Iraq. I think we ought to study history acceptance of the current political structure Mr. BIDEN. Mr. President, I yield to to keep from repeating past mistakes. I and federalism to begin to reduce one of the my friend from Kansas, Senator think we are repeating history now be- major sources of Iraq’s instability . . . Signifi- BROWNBACK. cause we have not studied it suffi- cant concessions by Shia and Kurds to create The ACTING PRESIDENT pro tem- ciently. So here is a map from 1914. space for Sunni acceptance of federalism’’. This is fascinating. You have the north (5) Article One of the Constitution of Iraq pore. The Senator from Kansas is rec- declares Iraq to be a ‘‘single, independent ognized. Ottoman, which were called vilayets. federal state’’. Mr. BROWNBACK. Mr. President, I This is in the State of Mosul, the Kurd- (6) Section Five of the Constitution of Iraq thank my colleague for that, for this ish north. You had the vilayet of Bagh- declares that the ‘‘federal system in the Re- amendment, and for his insight and dad, the Sunni area in Iraq. You had public of Iraq is made up of a decentralized prophetic view of what is really taking the vilayet of Basra, the Shia State. capital, regions, and governorates, and local place. Senator BIDEN has mentioned for Baghdad was the federal city—a very administrations’’ and enumerates the expan- over a year that the likely outcome in effective city at that particular time. sive powers of regions and the limited powers Iraq is going to be a federalism model As much as a third of the population of the central government and establishes there was Jewish at that point in time. the mechanisms for the creation of new fed- where you have most of your power in eral regions. the states—the Kurdish north, the Those were the governing bodies within (7) The federal system created by the Con- Sunni west, the Shia south, and Bagh- this region. The Ottoman Empire was stitution of Iraq would give Iraqis local con- dad as the federal city. concerned about whether the Basra re- trol over their police and certain laws, in- I think we have had, hopefully now, gion and the Shia there would stay cluding those related to employment, edu- enough debate about the military situ- with them or go with the Persians at cation, religion, and marriage. ation in Iraq. It is an important one, that time. It is a similar discussion we (8) The Constitution of Iraq recognizes the but we have not had much, if any, dis- are hearing today. administrative role of the Kurdistan Re- My reason for saying this is, if you gional Government in 3 northern Iraqi prov- cussion about the political situation in inces, known also as the Kurdistan Region. Iraq. Last week, all the focus was on can put it in a certain term, this is (9) The Kurdistan region, recognized by the General Petraeus, and there was an- natural in Iraq. Instead of us trying to Constitution of Iraq, is largely stable and other individual who testified, Ambas- force together a country under Shia peaceful. sador Crocker. General Petraeus talked domination—and under the current (10) The Iraqi Parliament approved a fed- about the military situation, and Am- setup all you are ever going to get is a eralism law on October 11th, 2006, which es- bassador Crocker talked about the po- Shia government, but it is going to be tablishes procedures for the creation of new litical situation. a weak one because the Kurds are not federal regions and will go into effect 18 Regarding the military situation, I going to agree with a strong Shia gov- months after approval. (11) Iraqis recognize Baghdad as the capital think we have seen incredible progress ernment, nor are the Sunnis. All you of Iraq, and the Constitution of Iraq stipu- by the dedicated men and women in can ever get is a weak Shia govern- lates that Baghdad may not merge with any uniform, but we have seen little to no ment that has a lot of question marks federal region. political progress. This discussion is in it from the Sunnis. They don’t trust (12) Despite their differences, Iraq’s sec- about a ‘‘political surge.’’ We have had the Shia, and the Shia don’t trust the tarian and ethnic groups support the unity the military surge. It is moving for- Sunnis. The Sunnis think they ought and territorial integrity of Iraq. ward and getting things done and sta- to run the whole country, as they have (13) Iraqi Prime Minister Nouri al-Maliki bilizing. All it can do is provide space for the past century. They think the stated on November 27, 2006, ‘‘The crisis is political, and the ones who can stop the for a political solution. It cannot put Sunnis are going to come back. cycle of aggravation and bloodletting of in- forward a solution that will last. You I was in Iraq in January. I went to nocents are the politicians’’. have to have that politically. So what the north, and I was in Baghdad. The (b) SENSE OF CONGRESS.—It is the sense of we are going to talk about with this Kurds are prospering, stable, growing, Congress that— resolution is a political surge. Those and investment is taking place. I will (1) the United States should actively sup- are not my words; they are Thomas show you a map later of people moving port a political settlement among Iraq’s Friedman’s. I think it is apt and its from Baghdad to the northern portion major factions based upon the provisions of timing is right. I urge my colleagues to because it is stable. I was meeting with the Constitution of Iraq that create a federal the Sunni and Shia leaders in Baghdad. system of government and allow for the cre- look at this resolution and support ation of federal regions; what this is—that we need a political The Shia said: We could get this solved (2) the active support referred to in para- surge, and we need to recognize the de- if it wasn’t for the Sunni. The Sunni graph (1) should include— mographics on the ground. leaders would say: We could get this (A) calling on the international commu- This resolution simply calls for the solved if it wasn’t for the Shia. The nity, including countries with troops in Iraq, following things: A conference where Shia leaders were saying: We could get the permanent 5 members of the United Na- Iraqis reach a political settlement this solved if it wasn’t for the Sunnis. tions Security Council, members of the Gulf based on federalism; in effect, an agree- I submit to this body that we have a Cooperation Council, and Iraq’s neighbors— ment on new and already constitu- flawed political design that we are (i) to support an Iraqi political settlement tionally recognized federal regions. pushing currently in Baghdad. That is based on federalism; why we have not seen the political (ii) to acknowledge the sovereignty and This doesn’t require a change in the territorial integrity of Iraq; and Iraqi Constitution. It is already there. progress that we need to see taking (iii) to fulfill commitments for the urgent They allow the Kurdish north as a place. We have done the military surge, delivery of significant assistance and debt state. This would be allowing other which has been successful. Now we relief to Iraq, especially those made by the states within Iraq. need a political surge. We need to send member states of the Gulf Cooperation Coun- No. 2, it calls on the international in a Jim Baker or a Condoleezza Rice cil; community to respect the results of to get these people in a room to cut the (B) further calling on Iraq’s neighbors to that conference and to support fed- deal to get different states, where you pledge not to intervene in or destabilize Iraq eralism in Iraq, which is a concept we have the power mostly residing in the and to agree to related verification mecha- nisms; and are very familiar with in the United states. Right now, in the Kurdish (C) convening a conference for Iraqis to States. I think that is really the key north, they run their own military, reach an agreement on a comprehensive po- for it to work in Iraq. their own police, and they are stable. litical settlement based on the creation of No. 3, it calls on the Iraqi Govern- So you allow that and you even encour- federal regions within a united Iraq; ment to resolve the issue of distrib- age that to take place. It is in the Iraqi

VerDate Aug 31 2005 00:27 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.004 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11927 Constitution to allow that. That is how Yugoslavia because I think it is in- People were still saying: We used to the Kurds got their region in the first structive. Here is a map of the ethnic live in peace; what happened here? place. That is a political design that composition before the war in 1991. It is What happened was somebody pushed can lead to political stability on the an ethnic map that shows where the the ethnic button and it worked, and it ground so that we can pull our troops Croats, the Bosnians, and the Serbs works in too many places in the world, back. were in this area in 1991. The reason I and it works in Iraq, unfortunately. This amendment says nothing about point this out is, I was in this country I wish to show a chart of what hap- the troops. We have debated that a in 1991. I was there the week after the pened in Baghdad on ethnic splits and long time—the military side. This is all Slovenians voted to secede from the the movements taking place in Bagh- about the political side where we have rest of Yugoslavia. I was in a con- dad. This is a military chart. It is too failed to see the progress. But it does ference with groups from all over the busy of a chart, and there are some say, if we can get that political solu- country. I couldn’t tell the difference who dispute some of the movements. I tion, we should push it forward. I sub- between the various ethnic groups. am willing to grant them that there mit that on the military side, if we can When I would look, I couldn’t tell if may be others with a slightly different get some political stability in Iraq, we this person was a Croat or a Serb or a factual variation. can start to pull our troops back from Macedonian, this, that. I couldn’t tell Basically, the Tigris River is in the patrolling. the difference. It made no sense to me. middle. We see the Sunnis moving and Ultimately, I think you are going to These guys had been in a country to- purifying west of the Tigris River and see long-term U.S. military bases in gether for decades. Why wouldn’t they the Shia moving and purifying east of the north, probably in the west, and stay together? They knew the dif- the Tigris River. These diagonal lines around Baghdad. But they can be bases ferences. They knew what happened. show communities that are going more where we can operate without our peo- They knew the history. They had inter- Shia and the diagonal lines in the op- ple being killed every day. As every- married to where they had different posite direction are communities going body in this body knows, we are still in ethnic groups who were married into more Sunni, and we see small ethnic South Korea 60 years after that con- the same families and spread, groups, small Christian populations flict. We are still in Bosnia 15 years splotched all over the country. There who are either going into smaller, after that conflict. We can stay—and were concentrations in different places, tighter communities or going north we usually do stay—in a place a long but over a period of, I think, 70 years, into the Kurdish region of the country. period of time to provide stability, as under a hard dictatorial rule, under This is happening now. This is what long as our people are not getting Tito, with a tough military and a is happening now. We have heard about killed. Here is the design where you tough intelligence apparatus, if some- the death squads, threats, and families can stay for a long period of time—be- one got out of control, they were dead forced to move taking place in Bagh- cause I believe we will need to stay for or in jail—similar to Saddam Hussein dad. When a number of leaders push the a long time—without our men and in Iraq, who ran roughshod and people ethnic sectarian button, it hits this in- women being killed. It reflects a demo- intermingled. side visceral note. It is a strange con- graphic reality on the ground and the Then we started to see political lead- cept to us as Americans. They come historic reality on the ground. It also ership come forward and say: We Serbs from everywhere, and we say: Can’t recognizes that Iraq needs to have a have been mistreated by this group and you guys get along? Believe me, this is strong state, weak federal form of gov- you know what they did to us a cen- a reality in the world, and it is a big ernment to reflect the different groups. tury ago and you know what they did reality in Iraq, particularly in a place Iraq, in many respects, is less a coun- to us in this war and you know what that is more three groups than it is one try than it is three groups held to- they did to us 500 years ago, and we country. gether by exterior forces. The Turks shouldn’t be treated that way. We had I wish to give a caveat. The New don’t want the Kurds to be a separate a leader come up that hit this visceral York Times on Monday questioned the country in the north. The Kurds al- inside note and started a bunch of purity of this information, saying ready voted 90 percent that they want wars, to where they sorted themselves there are some Shia moving into Sunni to have a separate country, but they out. areas and there are some Sunni moving are not pushing it today because they This is what happens after you get a into Shia areas, and I am willing to know they cannot do it at this point. group of leaders standing up and saying give that taking place. These are the So they are willing to stay within this they shouldn’t treat the Croats this megatrends that are happening, and I situation. way, they shouldn’t treat the Serbs don’t think there is any question about The Sunnis believe they should run this way. We can see the purity of the it. Iraq, but they are less than 20 percent map—Bosnians, Serbs, Croats—and by There has been a lot of death, killing of the population. That is not going to 1995—this is the Dayton peace ac- with this taking place. It is the same happen. The Shia lack a comfort that cords—you can see what takes place with Bosnia-Herzegovina. What I am they can control the country, but they after that. That leader touched that saying is rather than having a whole are certainly dominant in a particular visceral note about this is who we are bunch of people get killed from this region. and they shouldn’t treat us that way point forward, why don’t we recognize I wish to show an ancient map of this and there were a bunch of people killed the demographic realities on the very same situation to give an another in the process as well. ground and put this in a series of states flavor and context. Of course, under Finally, there was enough fighting where the ethnic group is running it the Ottomans, it was called Meso- and we got a political surge in the Day- and stop the killing or certainly reduce potamia during that period of time. ton accords and made the leaders come it substantially. That is what this Again, here is a three-state solution together. We drew a line, Bosnia- amendment calls for. that the Ottoman Empire put in place Herzegovina, in the Dayton peace I wish to show my colleagues some of as a way of managing these different agreement. We still have troops in this the maps of current Iraq, to give an groups who do not agree with one an- area enforcing this accord, but they are idea. I have shown the Ottoman Empire other, who do not get along. not fighting and killing each other. maps. This is modern Iraq, as far as the One can say: Wait a minute, there is There are still problems that take populations are going. We have the a lot of intermarrying, there are a lot place. But this was a two-state solu- Sunni Kurds in the north. Again, this of Sunni-Shia relations that are taking tion in one country, with the United is the most stable, growing area. When place and have taken place over the States pushing a political surge to take I was there, there were cranes and years of being together as one country. place and the United States still hav- building and investment taking place. You are trying to go back rather than ing troops there to make sure people do It is moving forward. We have the go forward. not get out of line. Sunni area in the west and the Shia I wish to show a map of the former I went to Sarajevo when it started to area in the south. There are areas of Yugoslavia right after Tito left and be- stabilize. The place was still shell- Sunni Arab and Shia Arab. There is a fore some of the civil wars started in shocked about what had taken place. mix of Shia-Sunni with Baghdad in the

VerDate Aug 31 2005 00:27 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.030 S21SEPT1 bajohnson on PRODPC61 with SENATE S11928 CONGRESSIONAL RECORD — SENATE September 21, 2007 center. Again, we have three blocs who these people. The west is Black Mus- The ACTING PRESIDENT pro tem- have pretty much split up. This is mod- lim. The capital is Arab Muslim. They pore. The clerk will call the roll. ern Iraq. don’t get along. One is a group of herd- The bill clerk proceeded to call the This is not a perfect solution by any ers and another is a group of farmers— roll. means. As an American, I look at it as farmers and ranchers not getting Mr. BIDEN. Mr. President, I ask a subpar solution altogether because I along. I think we are going to see ulti- unanimous consent that the order for think they would be much better off if mately that Darfur will break away. the quorum call be rescinded. they could get along and form one Sudan is the biggest country in Afri- The ACTING PRESIDENT pro tem- country and operate it as one country ca landmasswise, but when the Brits pore. Without objection, it is so or- without having to give decentraliza- put it together, they put several groups dered. tion so much of the power. together who don’t agree with each Mr. BIDEN. Mr. President, as my The problem is it does not reflect the other and don’t get along and the Gov- friend from Kansas leaves, let me just realities on the ground. The problem is, ernment favors one. They favor the thank him for his leadership here and too—think about Ambassador Crock- herders in Darfur; the jingaweit, the his insight. I think he and I would er’s testimony, think about the GAO Arab Muslims. They are trying to drive agree that this is forming critical report on political progress and the the farmers off the land, and they are mass. Every once in a while in Amer- benchmarks that the Congress set. in their second genocide, with 400,000 ican politics, on a major issue, there is Think about those because militarily— people killed, because somebody, again, an idea that transcends both sides of I think ‘‘militarily’’ we have done a hit the ethnic-sectarian button, and it this aisle and transcends from the ex- great job and that is where all the is very effective. One can motivate a perts to the average people because focus is. But politically we are not get- lot of people by hitting that button. there is a commonsense ingredient to ting it done because we are trying to Why do we have to kill all the people it as well as a deeper insightful notion put a square peg in a round hole. It to get to a political solution? Why do of how that part of the world works. doesn’t work. We can push a long time so many people have to die? It is past This is one of those issues. on it and we can get some artificial time—the military discussion has been I just wanted to say I am honored to setting to take place and we can en- a good discussion, but it is time for us be joined by Senator BROWNBACK in force it with our military power, but as to look at the political situation in this effort because he and I both have soon as we pull back, then we are going Iraq and get on a model that can actu- other agendas in terms of our political to have the same problems taking ally produce long-term stability so we careers, but I think we both agree get- place in the region. This amendment can pull our military back into bases. ting this right is more important than recognizes we should put a round peg in We are going to need to be there for a who is President of the United States a round hole, and it is something we long period of time. This resolution of America. This is about life and death can do. does nothing on the military side, but and about whether we are going to There was a gentleman who said I think we are going to need to be there have a generation of difficulty for something to me years ago that stuck for some period of time. We need to be America in that part of the world or with me: If you see a straight-line bor- in the north to assure the Turks that whether we are going to be able to ulti- der in the Middle East or Africa, you the Kurds are not going to try to sepa- mately leave and not leave chaos be- ought to raise a question as to whether rate into a separate country, and I hind. it reflects demographic reality. think we need to be there to protect So I thank my friend for doing what In the past, when different groups the Kurds from Iran, and somewhat I am sure was not an easy thing to do went into a region, whether the Otto- from the Turks, and the Sunnis will as a Presidential candidate on the Re- mans, the British, the French, or oth- ask us for a long-term military pres- publican side—to join with a Democrat ers, they were trying to balance inter- ence in the west to protect them from to move what at the time we moved it ests. They were trying to balance the Shia. I think the Saudis are going was still a very controversial idea. Hutus versus Tutsis. They were trying to push for that to take place. Mr. BROWNBACK. Mr. President, if to balance previously the Armenians Again, Iraq is a lot more three groups my colleague will yield, I wish to and Azerbaijanis. So they were always held together by exterior forces than it thank my colleague also for working trying to get a balance of power be- is a country. But that is the reality. on this and for leading when it was a cause they didn’t have enough troops The Shia area has to sort out who is lonely battle. He was talking about to maintain the country, but if it kept going to be the leaders in that country, this over a year ago, and I was hearing these guys off center and not after each and they are fighting amongst them- him saying it and thinking, he is prob- other, they could maintain the coun- selves. It may be more than three ably right, but that is not the way we try. states. It may be a couple of Shia are headed. And it probably doesn’t When you pull the colonial power off states will evolve. We shouldn’t stop help him, running for President, to be or when you pull the dictator off who is that from taking place if that is the associated with me, and it doesn’t par- ruthlessness, who is willing to use mili- natural reality. ticularly help me, Senator BIDEN, to be tary and to use his intelligence oper- We can fight against these things in associated with you. But that is ex- ation to kill people, when you pull that nature or we can recognize them and actly why the country gets mad, be- off, what are you left with? You are try to build political systems around cause they do not see us doing things left with these same groups, and they them. This resolution urges us to build like this on something that really still don’t like each other. That is why the political solutions around them. makes sense. we have to look at it this way. Again, the political surge, led by Jim I talk a lot about this on the cam- Look at Sudan today. I can give an- Baker, of stature, or Condoleezza paign trail, running for President on other example: The north Arab Mus- Rice—cut the deal, get us into a polit- the Republican side, and people look at lims with a radicalized government ical solution that can produce the it, and I don’t think I have had even started by Osama bin Laden. The south benchmarks we want so we can pull our one or two people come up to me and is Black, primarily Christian—long troops back and stop getting killed. say they disagree with it. Most people conflict, 20 years of civil war, millions I urge my colleagues to look at this say: OK, that makes sense. And when killed. Finally, the Bush administra- amendment. I urge my colleagues to you talk with the Sunnis and Shias and tion, to their credit, was able to nego- look at the history of what we are deal- particularly with the Kurds, they all tiate a Sudan peace agreement, and the ing with. There are many papers that say yes, and particularly the Kurds do. southern Sudanese will vote whether to have been written on this issue. The Sunnis are coming more and more secede. I believe they will in large O’Hanlon is one of the lead authors on around to it, and I think the Shias are numbers. It will pass big, and there it who got back recently. This is some- recognizing it as well. will be a second Sudan. thing that can work, can make But my best successes on this floor We now have a second genocide in progress and move us forward. have come when I have associated with Darfur. I have been to many of these I yield the floor and suggest the ab- somebody on the other side who dis- places. I have worked with many of sence of a quorum. agrees with me on a lot of political

VerDate Aug 31 2005 00:27 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.020 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11929 issues but we look at this one together ent to his original comment, and he don’t like your plan, BIDEN. My re- and we say: This is something which was paraphrasing someone else—I be- sponse has been from the outset: If you can work. We did that with Senator lieve it was 3 or 4 years ago when we don’t like mine, what is yours? Think Wellstone on human trafficking. We were in Iraq with him, and I am look- about it. Think about, as you consider were as different as could be on dif- ing over my shoulder at my staff gen- whether the Biden-Brownback plan, ferent issues, but we got that one done, erally; at the time I think it was 3 which is essentially taking Biden-Gelb and today there are fewer people being years ago—he said, and I am para- and putting it into an amendment to trafficked. phrasing, there comes a point in every the Defense authorization bill—think This is something which can work, liberation where it becomes an occupa- about what it says. We say this is our and I appreciate my colleague for lead- tion. There comes a point in every lib- political solution. This is what we ing on it, and I really hope the rest of eration effort where it becomes an oc- think is the way out. the body can look at this and say: This cupation. And we have reached that So as I began this debate, my invita- is where we have not seen progress, is point. We reached that point 3 years tion to my colleagues was: I get it. You politically, and let’s get this moving ago. I argued we reached that point may not like all parts of it. You may forward. I am delighted at the Sen- when we went in. not like it. You may think it is mostly ator’s leadership on it. We had one brief, brief moment correct. You may be able to legiti- Mr. BIDEN. Mr. President, I thank where, having mistakenly moved when mately point out there are weaknesses my colleague. we did, in my view, had we acted more in it; things may or may not happen. I Mr. President, I ask unanimous con- responsibly instead of out of the arro- sent that following my remarks, Sen- can’t guarantee an outcome to this. gance and hubris that existed, we But I would like you to think about it. ator LUGAR be recognized for up to 30 might, we might have been able to If you don’t like BIDEN’S proposal, minutes and that Senator KENNEDY change the dynamic drastically. But then be recognized to speak as in morn- what is your idea? that has long passed. That has long Up to now, a lot of us have had what ing business. passed. The ACTING PRESIDENT pro tem- we voted on just a moment ago. It I guess the point I want to make, started off as the Biden-Hagel-Levin pore. Without objection, it is so or- again, and the end result of all I am dered. amendment back in January and Feb- saying here is you will not find a single Mr. BIDEN. Mr. President, to alert ruary. I agree with it totally. It is now person who thinks that a military solu- my colleagues, I will take somewhere Levin-Reed. I think it is a good amend- between 20 and 30 minutes to speak on tion will work alone. So what we are ment. It is essentially the same one we this issue this morning, and I will all about here today is what everybody voted on twice before. I was the author speak on it again prior to our finally says: OK, there has to be a political so- of it, along with my friend from Michi- voting on it on Tuesday. lution, but literally, I say to you, Mr. gan, the leader of the Armed Services Look, as I said, I have been a Senator President, up to this moment no one on Committee. But the truth is, it is not a since I was 29 years old. I have been the floor of the Senate has offered a po- political solution. It is an important here for seven Presidents, and I have litical solution. I mean, it is really fun- tactic to reach the point we all want to observed that sometimes, on issues re- damental. There is nobody who has reach. said: We all acknowledge there is no lating to national crises, whether it be And what is that? When you cut military solution. And by the way, I domestic or foreign, events conspire to through all of this, what is it the am not claiming I am the only one. I generate the kind of support for an American people, what is it all my col- have many cosponsors. We have a lot of idea that when it was first offered had leagues, all 100 of us, want? No one people now saying: OK, we acknowl- few adherents. I think we are approach- wants to keep American forces there, edge there is a need for a political solu- ing that now. with almost 3,800 dead, close to 28,000 tion, embedded in the notion I have The amendment Senators BROWN- wounded, roughly 14,000 severely been pushing for a couple of years now BACK, BOXER, SPECTER, KERRY, and I, as wounded and who are going to require and in detail for the last year and a well as Senator HUTCHISON and others medical attention and care the rest of half or so with Les Gelb. have says that U.S. policy should sup- their lives. No one in here wants that. port a political settlement in Iraq I have to recognize Les Gelb, a former administration official in a If we could wave a wand, there is not a based on the principles of federalism. single Member, from the most conserv- Look, for all the division in Wash- Democratic administration, in the Carter administration, the president ative to the most liberal in this body, ington and across the country over the who wouldn’t take every troop out if policy in Iraq, one thing just about ev- emeritus of the New York Council on they could, tomorrow. We don’t want eryone accepts, literally—left, right, Foreign Relations, an incredibly re- our kids going. I don’t want my son center, the President, the Congress, the spected voice in American foreign pol- going, my daughter going. I don’t want American people, and the so-called ex- icy, and thought of as a genuine schol- my grandkids going, either. perts—is that there is no military solu- ar. Les and I started off not in full tion in Iraq. Let me say that again. agreement of what that political solu- What is recognized underneath all of There is no military solution in Iraq. tion was, but we were all on the same this is there is a clear understanding I, along with Senator MCCAIN—in page. The end result of all this is that that even though most of us on this fact, shortly after the war began—said the underlying premise of Les Gelb and side of the aisle opposed what the that I thought it was foolish to start JOE BIDEN in generating this was that President did and how he did it, there this war. But once we started it, I the political solution we are proposing, is a recognition that it matters what thought: My Lord, we should have which is what the Iraqi Constitution we leave behind. It matters a whole more American forces there. I argued essentially calls for—and it is not par- bunch. It matters for our grand- for up to 100,000 more American forces tition—is federalism. children. It matters for our children. in the first year so things would not Well, guess what. It is not going to Look, folks, there is an over- get out of hand. I argued we needed happen spontaneously. The Iraqis whelming desire. I live with a woman I 5,900 Gendarme paramilitary police aren’t going to spontaneously decide in adore. We have been married for 30 from the international community. the midst of what is now a civil war years. She is unalterably opposed to The Europeans were prepared to par- and sectarian strife that they know this war. She, like every mother, lives ticipate to literally restore order— how to do it on their own. in fear that her son, who is a captain in make sure people didn’t run the traffic So getting back to the political ques- the Army, is going to be sent over, lights or break into museums or en- tion, everyone says there is a need for which is probable. So her fervent wish gage in thuggery and robbery and a political solution. But that begs the every time I go home is: JOE, get them crimes of ordinary violence, having question, So what is your political so- out of there. Get them out of there. nothing to do with sectarian divides. lution? You are chairman of the Foreign Rela- But we have passed that point. The critics, and there is legitimate tions Committee; get them out of To paraphrase General Petraeus, al- criticism of the Biden-Gelb plan, but there. Well, the truth is, the vast ma- though he doesn’t seem to be as adher- the critics have come along and said: I jority of the people know that getting

VerDate Aug 31 2005 01:40 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.031 S21SEPT1 bajohnson on PRODPC61 with SENATE S11930 CONGRESSIONAL RECORD — SENATE September 21, 2007 out of this is almost as difficult as the So what do you do? Do you draw down massive war on your hands. You have a problems the President caused by get- troops on an orderly basis while you massive war on your hands. ting us into it. are protecting them? Yes. But where I see my friend from Virginia is I know I am speaking colloquially does that get you at the end of the day? standing. I will be happy to yield to here. I am not speaking in senatorial The good news is they are out. There him. tones. But this is basic stuff. are fewer fallen angels. But the bad Mr. WARNER. Mr. President, as I My two staff members sitting to my news is how many angels will fall in have looked back on my years here, left—and I admire the devil out of the next 10 years or 15 years, if this war one of the chapters I have enjoyed the them—have accompanied me on eight metastasizes into the region. Because, most is the debates we have had to- trips to Iraq. The last time coming ironically, the President’s policy, gether, and this is not in the nature of home, we were all supposed to get on which is dead wrong, has one truism a debate, Mr. President, but I do ask an aircraft, but only one of them did, a about it: Chaos in Iraq will have re- the Senator who now—in your current C–130 that was supposed to take us gional consequences. The irony is, it is capacity and your long experience in home. Ambassador Crocker asked his policy that is causing the chaos. foreign relations, you probably have a whether I would fly to Germany with Getting back to the point of the better grip than most of us as to the him on his way home. He was coming amendment, so everybody understands likelihood—and you mentioned it—of to testify. He thought it would give us the context in which this is being of- the political reconciliation taking a chance to talk. And so I did. Actu- fered, it is being offered to say: Look, place in Iraq. I am talking about the ally, I flew out of Iraq into Kuwait there is a way to do all of this. There top down, not the smaller, but little with him to catch a commercial flight. is a way to reduce the number of fallen things that happened in Al Anbar— The C–130 cargo plane I was supposed angels. There is a way to reduce the in- which are very positive, but I don’t to get on—we got word there were six juries and casualties. There is a way to think you can grow political reconcili- fallen angels on that plane. Six fallen reduce the number of deaths among the ation all the way from the bottom up. angels. Iraqis. There is a way to keep this war It has to come from the top down. That is what these tough, coura- from metastasizing. There is a way Our good friend here, Senator LEVIN, geous, brave, hard Marines, Army, that we have, a last chance we have, to and I were there in Iraq a few weeks Navy, some of whom are there, et leave and not run the risk of having to ago and we could not find any basis for cetera, Air Force, call a dead American send my grandson back. My grandson projecting when that might come to soldier whose body is coming home. is a toddler. pass. That is the very thing that under- They call them fallen angels. We have been faced in this body with pins the entire policy we are pursuing. You see these guys also who you two false arguments. One is more of Because we all acknowledge a military know have been shot at and shot back, the same and it will get better, and the solution is not there. It has to be a po- injured and injured others—it is such other is leave and hope for the best. litical reconciliation from the top an emotional phase, to hear them talk Again, I get back to the central down—albeit to get some form of unity in hushed tones, to treat every one of premise to what I have been proposing. government—maybe an adaptation of those coffins that gets put on board the There is a need for a political ration- what the Senator is now advocating. C–130—every one of which comes ale. What is the political rationale sup- But what is the Senator’s projection of through my State in Dover, Delaware— posed to accomplish? It is a way—noth- the likelihood of that occurring? to hear these people, these fighting ing is going to get better. We must Mr. BIDEN. I will be happy to re- men and women, treat every single sol- leave, by the way. Come hell or high spond because my friend, as usual, gets itary death with the reverence it de- water, we must leave. But are we going to the crux of the issue. serves. The American people would be to leave giving the Iraqis a chance that Here is the way I look at it. I will try stunned. They would be proud. They they can end up with a political agree- to break these things out. My friend would be sad and they would be con- ment among themselves? For what pur- Senator LUGAR, whom I think is the cerned. So they put six fallen angels on pose is the political agreement? To most informed man in the Congress on a plane. The President of the United States a stop the civil war. That is it in a nut- foreign policy, is used to my colloquial couple of days later—and I was there 2 shell. Anybody who denies this is a sec- ways of expressing things so he will weeks ago—a week ago—went on tele- tarian war I think is denying reality. probably understand me better than The President—as my mother would vision and told the American people most because he had to deal with me what great military progress we are say, God love him—keeps talking about for 30 years-plus. I try to devolve this, making. But what he said was: I have al-Qaida. Al-Qaida is a problem. I to use a Washington word, into sort of no plan to end this war. I have no plan would argue it is a Bush-fulfilling big chunks. You basically have two op- to win this war. I have a plan, as one of prophecy, al-Qaida in Iraq. But there is tions here. the press people said—it is not my even in the military—as my good No. 1, do you continue with a policy line—he said: The American people are friend—and I admire the devil out of that was well intended by our Govern- using the American forces as a cork in him, my friend from Virginia—as he ment, the President, the administra- the bottle to keep the venom from points out, he knows when you go to tion, of attempting to establish a spreading out beyond the borders in a Iraq, the military refers to al-Qaida of strong central democratic government regional war. Mesopotamia; al-Qaida in Iraq. They in Baghdad that in fact has the capac- I am not prepared to use my son and are making a distinction by that, be- ity to gain the faith and trust of the his generation as a cork in a bottle. tween al-Qaida in Iraq and al-Qaida in Sunni, Shia, and Kurds so that they The American people are not prepared Afghanistan, al-Qaida in Pakistan. As I will entrust to that central govern- to do that either. said to the President in one of my trips ment their well-being, in terms of secu- So what do we do? What do we do? Do back, in a debriefing—which my friend rity, in terms of economic growth, and we cut off funding? Talk about a hol- knows we do. The President has us in terms of political reconciliation or low reed. How do you do that? How do down and has his war cabinet and asks do you have to reach a point that I you cut off funding for the 166,000 us—you know, we give our view. have reached, and reached some time troops? Even if we ordered everyone He was telling me about freedom ago, of recognizing that is a bridge too home tomorrow, they have to get out being on the march. I said: With all due far; that the only way in which you of that country. Do you not provide respect, Mr. President, if every single will be able to stop the warring fac- them with the mine-resistant vehicles solitary jihadi in the world were killed tions from killing each other is essen- that can increase their life expectancy, tomorrow—I said if the Lord Almighty tially give them some breathing room when hit with a roadside bomb, by 80 came down and sat at the middle of under their federal Constitution which percent? Do you not provide them with this table—we were in the Roosevelt says—I am quoting from their Con- that? Do we cut that off? I don’t know Room—and looked at you and said, Mr. stitution: The Republic of Iraq is a sin- how you do that. President, I guarantee there is not one gle, independent, federal state. Some things are worth losing elec- single al-Qaida person living in the What I look back to, I say to my tions over. I am not going to do that. world, Mr. President, you still have a friend from Virginia, is this can’t be

VerDate Aug 31 2005 01:40 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.032 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11931 built up from the village up. I acknowl- this. There was nobody to deal with. And the Sunnis have figured out that edge the requirement that the leaders And they have all of a sudden begun to they are not going to run the country of the Sunnis and the Shia and the understand that it is bad enough, from again in the near term. So it is a little Kurds—and there are multiple claim- the Turkish standpoint to have a bit like coming face to face with the ants to that leadership; I know my quasi-independent—and it is not even reality of one circumstance. friend knows that—those claimants that—region called Kurdistan, within As I said at the outset to my friend, have to conclude their self-interest is defined borders of a country called a lot of this relates to people arriving better realized in a federal system. The Iraq; it is a very different thing to have at this conclusion, even in Iraq, by de- Kurds have clearly recognized that. a quasi-independent Kurdistan, when fault. The Sunnis would much rather The Kurds made it clear when Senator you have 4 million Kurds sitting in dominate the country again. The Shia HAGEL and I got smuggled into Irbil, their eastern mountains. would much rather keep the Sunnis back before the war began, that they So all of a sudden they are figuring out, as Maliki in his heart would like weren’t in on any deal that wasn’t a this out. ‘‘Figuring out’’ sounds derog- to do, but he cannot because he cannot federal system giving them pretty sig- atory, and I do not mean it that way. control them. nificant autonomy. They are looking at their alternatives The Kurds would love to be inde- The Shia have now reached that con- and saying: OK, a federal system in an pendent totally but for the fact that clusion themselves, with notable ex- Iraq that is united is a whole lot better they understand it may be their very ceptions—Sadr being one of them. But, than a de facto independent state. demise. So reality is sinking in. The for example, the Vice President—the The Iranians. The Iranians have a di- larger point, I say to my friend from Shia Vice President of the, for lack of lemma. The Iranians have at least five Virginia is this: The dilemma I hear, a phrase I will call the central govern- major militia forces among the Shia of and I hear it from my Democratic col- ment the existing government—is to- Iraq. Some they like, some they do not leagues, I imagine I will hear it from tally supportive of what I am proposing like. As my friend from Indiana knows, some of my Republican colleagues, and and he said so publicly and said so at you have a group down around Basra, it is legitimate. They say: BIDEN, we this conference in Ramadi which I at- as the British are pulling out, who are cannot force a political solution any tended a few weeks ago. organized pretty well. more than we can force a military solu- The Sunnis up to now have been the As the British two-star said to me: tion. odd folks out because they look at it, They are like Mafia dons waiting for us Well, I would argue that it is true we as my friend clearly knows, and they to leave to see who claims the terri- have lost our credibility to be able to say: Look, we live in this place called tory—who actually argued that Basra do what I believe we could have done 5 Anbar Province, the majority of us. We should be an independent country be- years ago or 4 years ago. But that is don’t have much out here but rock and cause they have access to the gulf, why part of this amendment calls for shale. There is not much else out here. they have oil, and they have four prov- internationalizing the political solu- All the oil is in the north and all the inces they can put together. tion. oil is in the south and if you have re- Well, guess what. That is not very I know my friend from Indiana be- gional governments and the oil is con- well regarded by the Badr Brigade, lieves, whether it is the same objec- trolled by the north and the south, we folks, and Sadr is going: Whoa, whoa, tive, that there is an overwhelming ne- don’t get anything. wait a minute. cessity to engage major powers in the But here is what has happened. There So this creates a dilemma. The splin- world, to engage regional powers so is a bit of, as we Catholics say, an tering of Iraq creates a dilemma for that, as he says, there are fora; every epiphany occurring. I will tell my even the Iranians who do not want to single day they are sitting down rub- friend in confidence who it is but I do us any favors at all. The generic bing shoulders trying to figure out an don’t want to publicly—he is an Iraqi point I am making is, as time has accommodation. leader who is one of the leading Sunni passed, and I will use Bosnia as an ex- It cannot be done in the abstract. It leaders in the country, who used the ample, when we first started off talk- cannot be done by President LUGAR sit- following quote with me in the 4 hours ing about what, in essence, became of ting in the White House dealing with we were together in Ramadi. the Dayton Peace Accords, you did not Maliki sitting in Baghdad. It cannot be He said—I am paraphrasing the first have any takers. And it only got to the done by bringing in the regional play- part—I initially disagreed with your point where you had the Croats and the ers in Sharm El Sheikh, with us con- plan. Now I am quoting. Serbs concluding they could not domi- vening it and thinking that will get it There has been a struggle I have had be- nate. They could not control Bosnia- done. It requires something heavier, tween my heart and my head. My heart has Herzegovina. deeper, more substantial because one of told me up to now that we Sunnis could play That is when they all began to think, the things that will get people’s atten- a major role in governing this country again, you know, the blood and treasure that tion, that will get the attention of the from the center. My head tells me that will was—exceedingly what has happened, Sunni leaders and Shia leaders and not happen anytime soon and our fate lies in once they got to the point where they Kurdish leaders, the international com- a regional system. But we need access to re- realized the gun was not going to get munity led by the major five powers, is sources. their solution, they became, very re- if the Security Council says: Hey, look, He said: luctantly, but they became much more we are gathering up the team—Iran, But don’t quote me yet, Senator, because I acclimated to the notion of what the Turkey, Saudi Arabia, et cetera, et have to work on my fellow tribal leaders out Dayton Peace Accords did. cetera—and here is what we think your here, and others. The bottom line is, asking me that constitution says, and this is what we Look what is happening with the question a year ago, I would not have are prepared to support. Turks. The Turks initially were abso- said to you that internally the leaders What that does, that not only has im- lutely opposed to this. But as they among the Shia, the Kurds, and the plied sticks, it has significant carrots. have begun to figure it out, they real- Sunnis will be more inclined to accept Significant carrots. That organiza- ize that if we continue on the path we this, but they are because reality has tional structure can say: We, from the are on, American patience with keep- set in. The Kurds have figured out they outset, will be the guarantors that ing the cork in the bottle is not going cannot and do not want to be totally none of the regional powers will con- to be sustained for the next 2 years and independent because the Turks will clude they must be involved militarily that when we leave, absent a political take them out. or in a disruptive fashion because the settlement, there will be not a split- The Shia have figured out, generi- truth is, what I try to do is think of ting of Iraq into three parts, there will cally, the leadership, that they may myself as, OK, I am a real bad guy, Ira- be a fracture of Iraq into multiple have 62 percent of the population or nian leader who hates the United parts. But guess what they figured out. thereabouts and control the political States. Kurdistan will become a de facto inde- apparatus, but they cannot stop their What benefits me the most? What pendent country. They will be able to mosques from being blown up. They benefits me the most is occupying 10 of say in Kurdistan: Hey, we didn’t do cannot physically control the country. our 12 divisions in Iraq posing no

VerDate Aug 31 2005 00:27 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.034 S21SEPT1 bajohnson on PRODPC61 with SENATE S11932 CONGRESSIONAL RECORD — SENATE September 21, 2007 threat to them, seeing American blood Mr. WARNER. If I can interrupt my this civil war by remaining on the and treasure spilled. But what I do not good friend, the central issue is, we are faultlines. It is not going to happen. want to see is America, notwith- losing, as you pointed out, our greatest Even to totally quell it, you know—as standing all of the bravado of national treasure: our youth, killed a military expert, I defer to you—we Ahmadinejad, that: We will fill the and wounded. How much longer? You don’t have enough troops with the vacuum; we, the Iranians, will fill the are talking about indefinite periods of surge. If you have 500,000 troops, you vacuum. That is not a vacuum they are time. What do we do now by which to could sit on the faultlines. It wouldn’t looking to fill. If they could fill it, they give a greater measure of protection to solve the problem, but you could send would. But their ability to fill that them while this process that you indi- it underground. But we don’t. I vacuum is marginal at best. Their in- cated is very slow can evolve, and what wouldn’t even advise it if we did be- fluence is degraded when there is con- pressures are we going to put on the cause there is no underlying political tinuing sectarian violence. It dimin- greater international community, the rationale. ishes in the context of an international top five, to do what you have defined? My point is, redefine the mission. settlement. Mr. BIDEN. I say to my friend: Ask. Were I President today, which is a pre- So the truth is, it requires the na- Let me give you an example. I will be sumptuous thing to say, I would be tional leadership to agree on a regional concrete. It is like pushing an open doing exactly what General Jones rec- solution. A national leadership will be door. I asked for a meeting, I say to my ommended. I would be pulling back to unable, in the lifetime of any one of us friend, in the tradition of Senator the borders. I would be dealing with on this floor, to agree to a central solu- LUGAR when he was chairman of the force protection. I would be focusing on tion; a unity government from the cap- Foreign Relations Committee. al-Qaida of Mesopotamia. I would be fo- ital city of Baghdad, having military I asked for a meeting, a private meet- cusing on training Iraqi forces. I would and police authority over the entire ing with the Permanent Five of the Se- not be focused on going door to door in country. curity Council, who, as my good friend Sunni or Shia neighborhoods in a city Can anyone imagine the possibility, knows, is: China, Russia, England, of 6.2 million people. I would not have even the possibility, that you will see a France, and the United States. an American convoy traveling the Shia-dominated police force patrolling All five of those Ambassadors, in- streets with roadside bombs being in Fallujah? As the old joke goes, raise cluding our own, Khalilzad, agreed to blown up. your hand if there is a remote possi- meet with me and two other members The second thing we need to do, but bility of that. of the Foreign Relations Committee it is not required to support this Already you cannot send into what is privately 5 weeks ago—on Monday I amendment, there is an incentive to now Kurdistan, three governments, you think it was 5 weeks ago. We sat in a the world, to the region, and to the re- are not even allowed to fly the Iraqi conference room overlooking the East calcitrant leadership in Baghdad to flag without permission. You cannot River for about an hour and a half. say: Hey guys, we are drawing down. send the Iraqi Army there without I asked the question to all five, in- For the mission I just stated—and I their permission. You cannot send any cluding our Ambassador. I said: What defer to my friend—you don’t need national police force there without would you do, gentlemen—one lady; 160,000 troops for the Jones mission, for their permission. the British Ambassador is a woman. I lack of a better way of phrasing. You So what makes us think there is any- said: What would you do, gentleman need closer to 50,000. Guess what. That thing—let me make an analogy for is going to get the attention, as my you. When Washington accepted the and lady, if the President of the United friend CARL LEVIN has been saying for surrender documents signed by Corn- States asked each of your countries to some time, of the Iraqis. They may wallis at the end of our Revolutionary participate in convening an inter- have their altar call. I am not counting War, I say to my friends from Virginia national conference on Iraq? One of the Ambassadors—since this on it, but they may. and Massachusetts, what chance do The third thing we should be doing you think there would have been if we was a private meeting I will not name is, if you look at the David Ignatius had to vote within 6 months on the him—said: Senator, I would ask your piece in the Post today, what Senator Constitution that was ratified in Phila- President: What took you so long to LUGAR and I and others and maybe my delphia? ask? Do you think Massachusetts and Vir- Then I can refer to the French Am- friend from Virginia have been talking ginia would be in the same country? I bassador. The French Ambassador about for 4 years—we talked about it respectfully suggest, from a historical pointed out that there is an inevi- before we went in. Who is talking to standpoint, you would not be. So what tability of us leaving. And if, in fact, the tribal chiefs? Who is talking to the did we do? We did what I am proposing. we leave a shattered Iraq, his country local folks? Who is engaging them? You essentially set up Articles of Con- is in trouble. Remember, last August What are we finding out now? Just read federation. we were reading about automobiles the Ignatius piece. All of a sudden, it is You said: We are going to let Massa- being torched from Marseilles to Nor- like, my goodness, maybe we should be chusetts and Delaware, the first State, mandy. Why? Over head scarves. Be- talking to these guys. So here is the Massachusetts, and Delaware and New tween 10 and 14 percent of the French deal. When you get to this, you say: Jersey and Virginia, have considerable population is Muslim. The last thing Look, here is what your Constitution autonomy. There was no President. the French need is a radicalized, can- says, and here is what you voted on in There was a Continental Congress, a nibalized Iraq. It went on from there. your Parliament to implement articles decentralized federal system. My point is, the President—I promise 15, 16, 17 and 18, which allows you to be- It took us 13 years to get to our you—has not asked. He has not asked. come a region, essentially a state like Philadelphia moment. Wherein does I think my friend from Indiana knows, the United States. Write your own Con- the arrogance emanate from that we at least indirectly—because Ambas- stitution. It can’t supersede the federal think by putting 160,000 troops in Iraq, sador Khalilzad, I believe, spoke to one. Allow you to own your local secu- we can, over a 4-year period, in a coun- him; he was there with me—there is a rity. try that was made by the stroke of a consensus among many in the adminis- Why is it working in Anbar to the ex- diplomat’s pen, where France and Brit- tration to ask, but there is still this tent it is? It is working because we ain divided up the spoils of the Otto- overwhelming reluctance that we don’t said: Look, we promise you, tribal lead- man Empire, what makes us think that need anybody’s help; we can do it. Let ers, nobody is going to send anyone we can expect them to do something me tell you, that is a vanity which is a from Baghdad for you. There ain’t that we were unable to do? So, folks, burden, a significant burden. going to be any Kurds or Sunnis in this is pretty basic stuff. I know every- There are three things we should be here. You set up your own police force. body knows that. I am beginning to doing immediately. And I know we Cut through all the diplomatic jargon. sound like I am lecturing. I do not have a disagreement on this, in my That is what we did. That is it. Guess mean to do that. This is pretty sim- view, redefining the mission of Ameri- what. Once we did that, the tribal plistic in a sense; it is not rocket cans who are there being killed and sheiks whistled and said: Boys, you can science. wounded. We are not going to settle join. They had 10,000 people show up

VerDate Aug 31 2005 00:27 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.035 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11933 who wanted to be cops or police. Why? I asked my staff to go back. I said: war? We are going to spend, counting it Because Sunnis were going to be guard- Tell me how the repatriation is going all, $120 billion a year. How do you deal ing Sunnis. on. People are returning. Of the 2.2 mil- with that—the Republican approach to So this stuff about political move- lion refugees in Bosnia, internal or ex- dealing with generating economic ment is a joke. Not a joke—that is the ternal, 1.1 million have returned to growth or the Democratic approach? wrong way to say it. It is a fiction. their homes. Almost half a million How do you deal with tax structure and There is nothing unity about that. have returned as minority returns, tax policy? How do you do this? I sat next to Abdul Sattar for 2 Serbs moving back into predominantly Look, it is the ultimate preoccupa- hours, the guy who got blown up last Croat neighborhoods, Croats moving tion, with good reason, of the Amer- Thursday, the tribal sheikh who led back into predominantly Bosniak or ican people. Again, I know no one more the insurrection against al-Qaida Meso- Serb neighborhoods. It is painful. It loyal or knowledgable about the U.S. potamia, told me how safe everything takes time. But what did we do? We got Armed Forces whom I have served with was in Ramadi. They land me and my them all in a room, figuratively speak- in the Senate than my friend from Vir- staff and the Senator from Arkansas in ing. ginia. He knows there is only one group a Blackhawk helicopter with two Cobra We have to get them in a room, Sen- of Americans making a sacrifice now— gunships. We go inside the city. We are ator LUGAR. We have to get them in a it is the thousands of families, thou- told how safe it is. I can walk down the room. Because let me tell you some- sands, 166,000 families. It is those fami- street; that is true. We have a sand- thing, some in the administration pri- lies. They are the only ones. But guess storm. I say: No helicopters coming. vately say to me: Joe, you are right. what. It is against the Senate rules to Can you drive to Baghdad? No, no, no. There is an inevitability to a federal refer to the Gallery by pointing to It ain’t that safe. Then 7 days later I system. The difference between an in- them. But I will refer to previous Gal- get a call from a reporter from the evitability and us being the catalyst to leries. Everyone who sits in this Gal- Washington Post: Senator, didn’t you bring it about may be years. That is lery, they get it. They get it, whether spend a lot of time with the same trib- thousands of deaths, maybe tens of they have a child, son, daughter, hus- al chief the President was with at the thousands, counting Iraqis and Amer- band or wife there. airbase? I said: Yes. In this safe city ican. We don’t have that time. And (Ms. KLOBUCHAR assumed the that he runs, with an American tank look, I don’t want to criticize the Chair.) sitting in front of his house, with body- President. I don’t. God love him, I Mr. BIDEN. So folks, I must tell you, guards, he got blown to smithereens. I am getting frustrated with all the The generic point I am making here don’t care whether he gets credit or tactical—not strategic—suggestions is the idea that somehow we are going blame at this point. But let me tell you that have been made with how to deal to be able to negotiate these faultlines one thing for certain: What Presi- with this war. Because if you put to- is beyond our ability. But it is possible, dential leadership is about is a change gether a basic syllogism, the basic working with Sunni, Shia, Kurd, we in the dynamic of situations that are premise is what? There is no military may be able to augment their physical admittedly out of control. It requires solution; only a political solution. security as they make this transition. taking risks. Thus far, the only risk we What did we do in Dayton? It is not have taken is the lives of our troops. So what yields that political solu- precisely analogous, but it is analo- We have taken virtually no diplomatic tion? Can I guarantee the Senator from gous. There was more sectarian vio- risks. Minnesota, the Presiding Officer, that lence from Vlad the Impaler to I say to my friends, there is a reason my solution will work? No. But I can Milosevic than in 5,000 years of history why, although what I am proposing guarantee—I will rest my career on of what we now call Iraq. That is a here is not ideal, I think there is a rea- what I am about to say—that there is fact. That is a historical fact. What did son why so many people—left, right no other political solution being prof- we do? As my friend from Indiana and center—have come to this conclu- fered that has any—period; not one knows, I was deeply involved in pres- sion. One thing about us Americans is, ‘‘being offered’’—and none of the tac- suring President Clinton from 1993 on we have ultimately led the world as a tical solutions offered will, in fact, to take action in the Balkans. What consequence of two traits we possess, solve this problem, none. did we finally do in Dayton in a bipar- in my opinion, that exceed that of any I know you are all afraid. I know ev- tisan way? We called in Russia, the Eu- other country. It is not just our mili- erybody who is running is afraid to ropean powers. We then brought in the tary power; it is our idealism coupled sign onto a specific proposal. ‘‘Afraid’’ Serbs, Milosevic, the Croats, with our pragmatism. It gets down to a is the wrong word—reluctant. Because Tudjman—who, as my friend knows, very pragmatic question: If you don’t then you become the target. You be- was no box of chocolates—and like Biden et al.’s political solution, come the target. You offer a specific Izetbegovic. We got them all in one what is yours? What is yours? alternative, and it is easy to focus on room. We essentially locked the door. The world is waiting. They are lit- whether your solution can work. If it is We said: Figure it out, folks. erally waiting. No one has the capac- tried and failed, then you made a mis- What did they figure out? Separate ity, no group of nations has the capac- take. As the old saying goes: What do the parties. Even I was a little con- ity, absent our active cooperation and they pay us the big bucks for? Why are cerned about the Republika Srpska engagement, to do anything to better we here? Why are we here? within Bosnia. What did we do? We the situation. We do. The potential Let’s stop pussyfooting around. Ei- said: Your militia can now become power is in our hands. But I respect- ther vote for this political solution or your police force. That is, in essence, fully suggest that we can’t do it by offer another one or say you think what we did. We said to the Croats and ourselves. We have lost the credibility there is a military solution or say you the Bosnians, who were Muslims: You to do that, rightly or wrongly. think it is totally hopeless, there is no have to coexist in this other place. So it takes me to the essence of this resolution. Let’s leave and hope for the This place called Sarajevo is going to amendment. The amendment simply best. But don’t tell me you have a plan be a capital city, but it ain’t going to says—and I will not take the time to if it does not fall in one of those four govern the whole country in the way in read it; I know other people wish to categories. Don’t tell me. That is dis- which the capital of Washington, DC, speak. I might add, this is the first and ingenuous. has influence over the rest of America. only time in the last 3 months I have So, again, can I guarantee this will Guess what. To truncate this, the spoken on the floor. I apologize for the work? No. Every single day that goes West has had an average of roughly time, but I think it is the single most by, absent an attempt to implement 20,000 troops there for 10 years. What critical issue we face. I know my what I am proposing, or something has been the result? Knock on wood— friends think that too. similar to it, without it being at- not one has been killed, not one has Regardless of your political persua- tempted, makes it harder. Look, it is been shot dead. The ethnic cleansing sion, how do you attend to the agenda not often that Thomas Friedman, has stopped. What are they doing now? each of us has, from the right or the David Brooks, Charles Krauthammer, Attempting to amend their Constitu- left, to deal with the social ills and Henry Kissinger, Madeleine Albright, tion to become part of Europe. concerns of America until we end this Les Gelb—I will go down the list—

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The central, fundamental, ani- fied post-Hussein Iraq. But it has turned out day’s Washington Post, dated Sep- mating principle of this concurrent res- to be a bridge too far. We tried to give the tember 20, by David Ignatius, entitled olution is: Iraq will not be governed Iraqis a republic, but their leaders turned ‘‘Shaky Allies in Anbar’’ be printed in from the center anytime soon, and I out to be, tragically, too driven by sectarian the RECORD. am not prepared for my son and his sentiment, by an absence of national iden- There being no objection, the mate- tity, and by the habits of suspicion and ma- rial was ordered to be printed in the generation to continue to shed their neuver cultivated during decades in the un- RECORD, as follows: blood in an effort to do that. I will not derground of Saddam Hussein’s totalitarian do that. state. . . . SHAKY ALLIES IN ANBAR As we leave—and we will leave, as my We now have to look for the second-best (By David Ignatius) friend from Virginia knows—as we outcome. A democratic, unified Iraq might The Bush administration has been so en- leave, the only honest question that someday emerge. Perhaps today’s ground-up thusiastic in touting its new alliance with any President or Senator must ask reconciliation in the provinces will translate Sunni tribal leaders in Anbar province that it’s easy to overlook two basic questions: himself or herself is: Do we have any into tomorrow’s ground-up national rec- onciliation. Possible, but highly doubtful. Why did it take so long to reach an accom- ability to affect what we leave behind? What is far more certain is what we are get- modation with the Sunnis? And is Anbar If we do, we have a moral overriding, ting: ground-up partition.—Charles Kraut- really a good model for stabilizing the rest of overarching obligation to the next gen- hammer, Washington Post, September 7, 2007 Iraq? eration to try to do it. It is possible that the present structure in First, the what-took-so-long issue: The Because let me tell you something, I Baghdad is incapable of national reconcili- fact is, Sunni tribal leaders have been queu- am out there, as the old saying goes, ation because its elected constituents were ing up for four years to try to make the kind elected on a sectarian basis. A wiser course of alliances that have finally taken root in on the trail. The easiest thing to say Anbar. For most of that time, these over- is: I wash my hands, man. Out. It is— would be to concentrate on the three prin- cipal regions and promote technocratic, effi- tures were rebuffed by U.S. officials who, not let me choose my words correctly—it is cient and humane administration in each. inaccurately, regarded the Sunni sheiks as not an answer. It is not an answer. It is The provision of services and personal secu- local warlords. not an honest answer. rity coupled with emphasis on economic, sci- This disdain for potential allies was a mis- So I ask unanimous consent that re- entific and intellectual development may take, but so is the recent sugarcoating of the cent supporting ideas relating to fed- represent the best hope for fostering a sense tribal leaders. They are tough Bedouin of community. More efficient regional gov- chiefs, sometimes litt1e more than smug- eralism—whether or not they use the glers and gangsters. The United States Biden language—be printed in the ernment leading to substantial decrease in the level of violence, to progress towards the should make tactical alliances with them, RECORD. rule of law and to functioning markets could but we shouldn’t have stars in our eyes. The There being no objection, the mate- then, over a period of time, give the Iraqi tendency to overidealize our allies has been rial was ordered to be printed in the people an opportunity for national reconcili- a consistent mistake. RECORD, as follows: ation—especially if no region is strong Like other journalists who follow Iraq, I began talking with Sunni tribal leaders in RECENT SUPPORT FOR FEDERALISM IN IRAQ enough to impose its will on the others by force. Failing that, the country may well 2003. Most of the meetings were in Amman, The Kurdish autonomous zone should be Jordan, arranged with help from former Jor- our model for Iraq. Does George Bush or drift into de facto partition under the label of autonomy, such as already exists in the danian government officials who had per- Condi Rice have a better idea? Do they have fected the art of paying the sheiks. One con- any idea? Right now, we’re surging aim- Kurdish region.—Henry Kissinger, Wash- ington Post, September 16, 2007 tact was a member of the Kharbit clan, lessly. Iraq’s only hope is radical fed- which had long maintained friendly (albeit eralism—with Sunnis, Shiites and Kurds Mr. BIDEN. I would assert I am con- secret) relations with the Jordanians and the each running their own affairs, and Baghdad fident there are some major players in Americans. The Kharbits were eager for an serving as an ATM, dispensing cash for all this administration who agree with the alliance, even after a U.S. bombing raid three. Let’s get that on the table—now.— tact I am taking, and I would invite— killed one of their leaders, Malik Kharbit, in Thomas Friedman, New York Times, August that is not why he is on the floor, I April 2003. But U.S. officials were disdainful. 29, 2007 know—I would invite any advice or During a visit to Fallujah in September Most American experts and policy makers 2003, I met an aging leader of the Bu Issa wasted the past few years assuming that suggestions—not at this moment—from Tribe named Sheik Khamis. He didn’t want change in Iraq would come from the center my friend from Indiana or my friend secret American payoffs—they would get and spread outward. They squandered from Virginia as to how to deal with him killed, he said. He wanted money to re- months arguing about the benchmarks that this. build schools and roads and to provide jobs would supposedly induce the Baghdad politi- But, ladies and gentlemen, it took for members of his tribe. U.S. officials made cians to make compromises. They quibbled us—it took us—13 years to get to our fitful efforts to help but nothing serious over whether this or that prime minister was Philadelphia moment. It is going to enough to check the insurgency in Fallujah. up to the job. They unrealistically imagined take the Iraqis a lot longer. I do not Back then, you recall, the Bush administra- that peace would come through some grand tion was playing down any talk of an insur- Sunni-Shiite reconciliation. want to see a regional war in the mean- gency. Now, at long last, the smartest analysts time because every one of us knows, A Sunni tribal leader who pushed bravely and policy makers are starting to think like whether we are here 3 years from now, for an alliance with the Americans was Talal sociologists. They are finally acknowledging there will not be 133,000 troops in Iraq. al-Gaaod, a leader of one of the branches of that the key Iraqi figures are not in the cen- That will not be the case no matter the Dulaim tribe. Looking back through my ter but in the provinces and the tribes. Peace who is President. The American people notes, I can reconstruct a series of his efforts will come to the center last, not to the cen- will not stand for it, and we will re- that were mishandled by senior U.S. offi- ter first. Stability will come not through cials: In August 2004, he helped arrange a some grand reconciliation but through the spond. meeting in Amman between Marine com- agglomeration of order, tribe by tribe and I yield the floor. manders from Anbar and tribal leaders there street by street. Mr. WARNER. Madam President, I, who wanted to assemble a local militia. Sen- The big change in the debate has come for one, will accept the challenge to ior U.S. officials learned of the unauthorized about because the surge failed, and it failed carefully go back and look at the Sen- dialogue and shut it down. in an unexpected way. The original idea be- ator’s amendment and the foundation Gaaod tried again in November 2004, orga- hind the surge was that U.S. troops would documents which he has described, and nizing a tribal summit in Amman with the create enough calm to allow the national I look forward to Monday and Tuesday, blessing of the Jordanian government. politicians to make compromises. The surge Again, the official U.S. response was chilly; was intended to bolster the ‘‘modern’’— perhaps, reengaging the Senator. the U.S. military launched its second assau1t meaning nonsectarian and nontribal—insti- I say to the Senator, I think it is a on Fallujah that month, and the summit had tutions in the country. But the surge is fail- very heartfelt expression of your own to be canceled. In the spring of 2005, the tire- ing, at least politically, because there are views that you have shared with us this less Gaaod began framing plans for what he

VerDate Aug 31 2005 01:40 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.039 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11935 called a ‘‘Desert Protection Force,’’ a kind of new name for staying the course, keep- That is what the American people tribal militia that would fight al-Qaeda in ing the status quo. want. Anbar. The proposal was gutted by U.S. offi- So, even though for months we have Improvements in security are wel- cials in Baghdad who derided it as been told by the White House and come, but by themselves, they do noth- ‘‘warlordism.’’ ing to answer the difficult questions A despondent Gaaod e-mailed me in July many of my colleagues on the other 2005: ‘‘Believe me, there is no need to waste side of the aisle to wait until Sep- facing the nation. I do not doubt that anymore one penny of the American tax- tember for a new strategy, we are still the surge has had a positive effect on payers’ money and no more one drop of blood told to wait—again—but for what? security. of the American boys.’’ His despair roused Neither General Petraeus nor Ambas- When you add 30,000 U.S. forces into the new American ambassador to Baghdad, sador Crocker could provide answers to a region, you are going to have an im- Zalmay Khalilzad, who began meeting with how long a U.S. troop presence will be pact on the area. I would be surprised if Gaaod and other Iraqi Sunnis in Amman in in Iraq. As Ambassador Crocker said, it were otherwise. hopes of brokering a deal with the insur- And it is clear that there have been gents. Gaaod died of heart failure in March ‘‘No timelines, dates, or guarantees.’’ Yet we are told to embrace their rec- improvements in security in Al Anbar 2006. province. Sunni sheiks are working What fina1ly happened in Anbar was that ommendations and continue more of Sunni tribal leaders—tough guys who have the same. with U.S. forces against brutal foreign guns and know how to use them—began This will do nothing to force Prime fighters. But we must also acknowl- standing up to the al-Qaeda thugs who were Minister Maliki to take the necessary edge that many of these improvements marrying their women and blocking their actions to bring political stability to started to take place before the surge smuggling routes. The initial American re- that nation. even began. And levels of violence in sponse in mid–2006, I’m told, was ho-hum. other areas of Iraq have receded from More warlords. But Green Zone officials Sadly, we are left with no conclusion but this—the upcoming year will result the December 2006 peak. Yet, these lev- began to realize this was the real deal, and a els of violence, it should be noted, still virtuous cycle began. The tragedy is that it in little change in the political stale- could have happened much earlier. mate that marks Iraq’s Government remain high compared with 2004 and The American plan now, apparently, is to today. 2005 levels. extend the Anbar model and create ‘‘bottom- This, I believe, is a missed oppor- Every recent report admits that the up’’ solutions throughout Iraq. For example, tunity for telling the American people security progress has been uneven. In I’m told that U.S. commanders met recently how political progress would be made fact, the latest Pentagon Quarterly as- with the Shiite political organization known in Iraq, for describing how and when sessment released just this week points as the Supreme Islamic Iraqi Council and out that even as Iraqi civilian deaths gave a green light for its Badr Organization the vast majority of our troops would come home, and for charting a new fell to their lowest level in 5 months in militia to control security in Nasiriyah and June, attacks against coalition forces some other areas in southern Iraq and there- strategy and finding a way out of Iraq. by check the power of Moqtada al-Sadr’s No, this President and his military reached record levels that same month. Mahdi Army. We’re interposing ourselves and political advisors seemed deter- Civilian casualties, in fact, rose here in an intra-Shiite battle we barely un- mined to keep a high level of U.S. again in July, and a telling chart in derstand. forces in Iraq for the foreseeable fu- that Pentagon report shows the aver- These local deals may make sense as short- age daily casualties in Iraq—including term methods for stabilizing the country. ture. It was clear from the President’s coalition forces, civilians, and Iraqi se- But we shouldn’t confuse these tactical alli- curity forces—increasing to about 150 ances with nation-building. Over time, they speech that he fully intends to main- tain his failed Iraq policy through the per day in July and August. will break Iraq apart rather than pull it to- Moreover, we face a growing humani- gether. Work with tribal and militia leaders, end of his administration and then lay tarian crisis in Iraq as the number of but don’t forget who they are. the problem at the feet of his suc- displaced Iraqis is increasing by 80,000 Mr. BIDEN. Madam President, I yield cessor. to 100,000 a month. To date, at least 2.2 the floor and thank my colleagues. The President would also like to take million Iraqis have fled their country, Mrs. FEINSTEIN. Madam President, credit for drawing down our troops and another 2 million have been forced expectations were high on Capitol Hill when the reality is that he is willing to to leave their homes to escape the sec- and the rest of the Nation this month. go no further than presurge levels tarian violence. through next July. The same troop lev- We were all hoping to hear a major There continue to be IED explosions, els in Iraq 10 months from now as we new strategy on how to forge political suicide bombings, sectarian killings on had 10 months ago. This is not change; accommodation in Iraq from General a daily basis. Petraeus and Ambassador Crocker, and this is not a plan. So violence continues, even if by most importantly from President Bush. In fact, this was always the expecta- some measures there have been indica- We did hear of some limited, tactical tion, because simply put, the Army is tions of a decline in the last several success in improving security, but we on the verge of breaking. Troop rota- weeks. learned nothing new on how the Bush tion limitations make it imperative But the point is this—the surge is not administration would bridge the that we draw down troop levels by this an end in itself. It is not a strategy. It yawning political gap between Shia April to avoid extending our soldiers’ is a tactic to achieve a purpose. and Sunni. 15-month tours further. The purpose of the surge was meant In fact, the President in his speech Only a token contingent—about to give politicians the breathing space last week to the Nation offered no 5,000—will come home by the end of needed to make the tough choices nec- change in policy and no strategy for this year. essary to forge a stable government. reaching the political accommodation Clearly, a choice has been made by Yet, according to independent anal- that is necessary in Iraq. this White House to leave the difficult ysis, there has been little progress in In his eighth prime-time address on decisions to the next administration; meeting the key benchmarks. Iraq, the President again made the case that is, unless Congress acts. So Con- The Iraqi Government has met only 3 that his policy will bring success in gress, once again, has an opportunity, of 18 benchmarks—not including major Iraq. an opportunity to do what this admin- political action on an oil law, constitu- We have heard ‘‘mission accom- istration will not—to bring about tional reform, and debaathification. plished,’’ we have heard calls for pa- major reductions in troops, and to These benchmarks, by the way, were tience, and innumerable claims that we begin the process of bringing our commitments made by the Iraqi Gov- are winning. We have heard that more troops home. ernment itself, not the U.S. Congress. troops will lead to political progress. I hope Democrats and Republicans They were put forward to the Nation We have heard that ‘‘when they stand can find common ground in the coming by President Bush in January as crit- up, we stand down,’’ but there is no weeks to transition the mission and re- ical indicators of political progress in clear plan to get them to stand on move our troops from the midst of a Iraq that would come about as part of their own. civil war that only the Iraqis can solve. the surge. Yet, this did not happen. And, this time we received yet an- We must forge a bipartisan plan to And recent reports all raise stark other slogan—‘‘Return on Success’’ a move our troops out of Iraq. doubts about the likelihood that we

VerDate Aug 31 2005 00:27 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.014 S21SEPT1 bajohnson on PRODPC61 with SENATE S11936 CONGRESSIONAL RECORD — SENATE September 21, 2007 will see any significant political So I believe that Members of Con- fighting to end this failed policy, we progress on the part of the Iraqi gov- gress on both sides of the aisle should must do everything possible to do so. ernment in the coming months. come together in support of a plan to That is why while I respect the efforts Even Ambassador Crocker showed start bringing our troops home. They of my colleagues Senators LEVIN and deep pessimism that meeting these should not be in the middle of an REED, I felt compelled to vote against benchmarks and achieving major polit- ethno-sectarian civil war. their amendment. ical progress would be possible in the We need an answer to the one ques- I hope the next time this body de- next month or year. tion which General Petraeus famously bates the war in Iraq, many more of He said, ‘‘I frankly do not expect us asked as commander of the 101st Air- our colleagues will join with Senator to see rapid progress through these borne in Iraq in 2003, ‘‘Tell me how this FEINGOLD and me in voting for a clear benchmarks’’ and suggested that ends.’’ and enforceable deadline to end our progress would take months if not Mr. DODD. Madam President, I want- military involvement in Iraq and set years to achieve. ed to take a moment to explain why I on a new course that makes our Nation So the American people are being voted against the Levin-Reed amend- more secure and allows our broken asked for more patience at a time when ment on Iraq. military to begin to rebuild. it is clear that we do not have a strat- Let me say at the outset that I am Too many days have passed and too egy in place to remedy the situation in second to none in this body in my op- many lives have been lost while this the immediate future. position to the President’s failed policy Congress has stood by and not acted. While this administration continues in Iraq. Yesterday I spoke in strong That must end. to endorse an open-ended commitment support and voted for the Feingold- Mr. AKAKA. Madam President, yes- of our presence in Iraq, our brave serv- Reid amendment that would have set terday I offered, along with my col- ice men and women are caught in the forth a clear and enforceable deadline league Senator WEBB, an amendment middle of a situation that everyone for ending our military involvement in to the National Defense Authorization agrees can only be resolved with a po- the unwinnable civil war in Iraq. Act for Fiscal Year 2008 that would re- litical solution. This is deeply trou- Sadly, only 27 of our colleagues joined quire the Secretary of the Army and bling to me. Our nation has been in with me in voting for the Feingold- the Secretary of Veterans Affairs to Iraq for 41⁄2 years. We have spent $450 Reid amendment. prepare a report on plans to replace the billion and the President will soon ask I do not doubt the sincerity of Sen- monument at the Tomb of the Un- us for $200 billion more. ators LEVIN and REED in offering their knowns at Arlington National Ceme- We have lost nearly 3,800 American amendment. These have been two ar- tery. troops, over 400 from my home State of ticulate voices in the Senate calling Our amendment seeks to clarify the California. Almost 28,000 have been in- for a change in our policy in Iraq for plans of the Secretaries to replace the jured in Iraq. some time now. They like many of our monument at the Tomb of the Un- We entered the country thinking colleagues have spoken out strongly known due to cosmetic cracks that that we would be met as liberators, and about the failure of the President’s pol- have appeared over time in the facing had no contingency plans in place if we icy and highlighted the fact that this of the monument. It would require the were not. policy has made our Nation less safe Secretaries to provide Congress with a The borders weren’t secured, leading and has broken our military. But I be- description of the current efforts to to an inflow of foreign fighters. lieve this President will not admit fail- maintain and preserve the monument Debaathification was put in place on ure or change policy unless we force and an assessment of the feasibility all levels of civil society, leading to re- him to, and the only effective instru- and advisability of repairing rather sentment and widespread unemploy- ment available to this Congress to do then replacing it. The Secretaries ment. so is to exercise its power of the purse would also be required to report on The army was disbanded, creating a and cut off funding for this war, once their plans to replace the monument disaffected, trained insurgency. our men and women in uniform have and, if replaced, how they intend to The munitions dumps weren’t se- been safely withdrawn from Iraq. That dispose of the current monument. Our cured, essentially arming the insur- is what the Feingold amendment would amendment would prevent the Secre- gency. have accomplished, and that is what taries from taking action to replace There has never been a clear-eyed any amendment that I will vote for the monument until 180 days after the strategy to resolve the major dif- henceforth must do. receipt of the report. ference between Shia and Sunni. We all know this President doesn’t The Army contends that the cracks In a case of truly open candor, Gen- understand subtlety. He has dem- in the monument diminish the aes- eral Petraeus even admitted that he onstrated time and time again that he thetic value of the monument and that did not know if the U.S. presence in doesn’t respect this Congress or even the cracks justify the monument’s re- Iraq had made America ‘‘safer.’’ the law. How many signing statements placement. The Army’s position is that And now the American people are has this President issued in which he the cracks in the monument cannot be being asked for more of the same. outlines ways to ignore or circumvent fixed and that it will continue to dete- More time, more patience, more of the laws written by this Congress? Too riorate. The Army also contends that our blood and treasure—all without a many. How many innocent Americans the surface of the monument has strategy. I cannot support this view. have been subject to illegal, weathered to the point that, within the I have said for a long time now that warrantless wiretaps authorized by next 15 years, the details of the carving I believe that we should transition the this President? Too many. How many are expected to be eroded to the extent mission in Iraq and begin to move our falsehoods and deceits have been per- that the experience of visiting the troops home. I am more convinced of petrated by this President to justify tomb will be adversely effected. They that today. his disastrous war of choice in Iraq? justify its replacement by asserting Our forces only buttress the Maliki Too many. that the Tomb of the Unknowns has government and shield them from There is only one way to force this significance beyond it historic origins making the tough decisions. President to change course in Iraq and and therefore should be maintained in If our President will not hold the that is to take away the money re- as perfect of a state as possible. Iraqis accountable, then Congress quired for him to conduct that war. This position is not shared by many must. Iraqi officials need to be convinced as civic and preservation groups who be- Bush’s plan means a large number of well that we truly mean it when we say lieve the monument can and should be American troops in Iraq for years to it is time for them to take responsi- preserved and repaired. This view is come—an undefined commitment to bility for their country and not count also shared by the preservation archi- Iraq. on us indefinitely to fight their fight tects who completed the last formal Is it right to ask for a commitment for them. study of repairs to the Tomb of the Un- from our troops when the Iraqis won’t If we are truly being honest with the knowns in 1990. Supporters of pre- commit themselves? Clearly no. American people when we say we are serving the current monument view it

VerDate Aug 31 2005 00:27 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.013 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11937 as something that cannot be rep- Mr. LUGAR. Madam President, I year that the bill was ‘‘the most impor- licated. They do not believe the experi- thank the distinguished Senator from tant drug-safety legislation in a cen- ence of visitors will be diminished by Virginia for raising the question. As a tury.’’ the weathering and deterioration that courtesy to my distinguished col- Earlier this week, the House of Rep- come over time. They believe it is a leagues, I will be pleased to yield for resentatives approved this bipartisan symbol that should be considered in the time requirements they have and measure by a broad bipartisan margin the same vein as other imperfect sym- then I will proceed after they have con- of 405 to 7. Our House colleagues from bols of our heritage such as the Liberty cluded. all parts of the political spectrum Bell and the Star Spangled Banner, the The PRESIDING OFFICER. Without united to send that bill to the Senate flag that inspired our national anthem. objection, it is so ordered. with a resounding bipartisan endorse- It is important to note that the Cap- Mr. WARNER. Madam President, I ment. I am pleased that the Senate did itol Building and the White House are thank the Chair’s inviting comment. the same, sending that bill to the other well-known and well-loved Amer- Let us make it clear that I believe the President with a unanimous voice of ican icons that have developed cracks UC, as structured, would be the Sen- approval. and other flaws in their building mate- ator from Massachusetts will have 5 The stakes could not be higher. rials, but no one is suggesting that minutes, the Senator from Wyoming Funding for the FDA’s vital safety mis- they be torn down and replaced with will have 5 minutes, and then the 30 sion has reached the breaking point. If replicas. minutes allocated to the Senator from we had not acted, the FDA Commis- It is also important that, as we con- Indiana will start. sioner would have sent a letter today sider replacing the monument at the The PRESIDING OFFICER. That is to over 2,000 employees informing them Tomb of the Unknowns, we acknowl- the Chair’s understanding. that their jobs were slated for termi- edge that it is the stated position of Mr. WARNER. Madam President, I nation. our Government under Executive Order yield the floor. Each of those individuals is a trained The PRESIDING OFFICER. The Sen- 13287, signed by President Bush on and experienced professional with ator from Massachusetts. many career options in academia or in- March 3, 2003, that the Federal Govern- Mr. KENNEDY. First of all, Madam dustry—yet each of them has made the ment will provide leadership in the President, I thank my friend from Indi- decision to devote themselves to public preservation of America’s heritage. ana, who is so typically gracious and service. If those talented public serv- Our amendment does not preclude understanding to his colleagues. We ants had left the agency, the con- the Secretaries from replacing the will be very brief. If the matter was not sequences would have been with us for monument at the Tomb of the Un- of such importance, we would not tres- years—in terms of slower access to knowns in the future, but seeks to en- pass on the Senator’s time. sure that we move with great caution Madam President, I ask the Chair to medicines for patients, weaker safety before making any decisions that let me know when I have 1 minute left. oversight and loss of America’s com- would irrevocably affect this national The PRESIDING OFFICER. I will, petitive edge in the life sciences. treasure. I urge all of my colleagues to Senator. FDA has an urgent need for these support this amendment. Mr. KENNEDY. I thank the Chair. funds. Its workload has increased mas- sively in recent years but its resources Mr. WARNER. Madam President, I f believe our colleague from Indiana, have not kept pace. Since 1990, the under the UC, has now some 30 min- FOOD AND DRUG ADMINISTRATION number of adverse events submitted to utes; is that correct? REFORM LEGISLATION the FDA has increased by over 1,300 The PRESIDING OFFICER. That is Mr. KENNEDY. Madam President, percent, but the agency’s resources correct. every day, families across America rely have increased only 130 percent. The Mr. WARNER. Madam President, I on the Food and Drug Administration legislation provides over $400 million see our colleague from Massachusetts. in ways they barely realize. When they this year for the review of drugs and Does he wish to put a formal request put dinner on the table, they are medical devices at FDA, and over $50 before the Chair with regard to his de- counting on FDA to see that it is free million for needed safety reforms to sire to address the Senate? from contamination. When they care give these talented professionals the The PRESIDING OFFICER. The for a sick child, they are trusting FDA tools they need to do the job we are order is to recognize the Senator from to make sure the drugs prescribed are counting on them to do. Massachusetts following the Senator safe and effective. From pacemakers to The bill before us is not just about from Indiana. treatments for cancer to the foods we resources—far from it. It is a strong Mr. KENNEDY. Madam President, I eat, FDA protects the health of mil- and comprehensive measure to improve thank the Senator from Virginia. I see lions of Americans, and oversees prod- the safety of the medicines we rely on, the Senator from Indiana on his feet, ucts that account for a quarter of the and it takes important steps toward a as well as my friend and colleague from U.S. economy. The agency does all this safer food supply and less expensive Wyoming. I know the Senator from In- on a budget that amounts to less than prescription drugs. diana is eager to continue the discus- two cents a day for each citizen. At the heart of our proposal is a new sion on the substance that has been An agency that does so much so well way to oversee drug safety that is raised this morning. I was wondering if deserves to be supported and strength- flexible enough to be tailored the char- we might have a very brief period of ened. Yet too often, the opposite has acteristics of particular drugs, yet time, Senator ENZI and myself, to de- been true. FDA’s vital mission has strong enough to allow decisive action scribe an extremely important piece of been jeopardized by inadequate re- when problems are discovered. For legislation that passed last evening, on sources, occasionally insufficient legal drugs that pose little risk, these ac- a voice vote. It is very important in authority, and absent leadership. tions might be as simple as a program terms of the health of the country. We Americans are worried about the to report side effects and a label with want to be able to speak briefly on that safety of the products they use—from safety information—items that are cur- issue. food to toys to drugs—and they are rently required for all drugs. Drugs I am wondering if the Senator from right to be worried. Dangerous lapses that raise major potential safety con- Indiana would yield 5 minutes to the in safety oversight have exposed Amer- cerns might require additional clinical Senator from Wyoming and myself. ican families to intolerable risks from trials, a program to train physicians in Mr. WARNER. Madam President, lead paint in toys, to bacteria in foods, using the drug safely, or a requirement first, we would want to consult before to drugs that cause unreported and le- that the prescribing physician have that UC is given—— thal side effects. The right response is special skills. The PRESIDING OFFICER. An order comprehensive, considered and bipar- A second major element of our legis- already exists. tisan legislation—and that is what the lation is a public registry of clinical Mr. WARNER. With the Senator from Senate has approved. trials and their results. A complete Indiana, who I think has been waiting The prestigious New England Journal central clearinghouse for this informa- about an hour and a half. of Medicine editorialized earlier this tion will help patients, providers and

VerDate Aug 31 2005 01:40 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.014 S21SEPT1 bajohnson on PRODPC61 with SENATE S11938 CONGRESSIONAL RECORD — SENATE September 21, 2007 researchers learn more and make bet- ator ROBERTS and Senator HARKIN for provisions were not included in the ter health care decisions. Now, the pub- working with Senator ENZI and me and bill, but I will work with them to see if lic will know about each trial under- with many members of the committee those worthwhile proposals can be in- way, and will be able to review its re- on this important provision. cluded in other legislation. sults. Instead of the moratorium included Senator GREGG contributed impor- Our bill recognizes that innovation is in our original bill, the current pro- tant proposals on using health infor- the key to medical progress by estab- posal puts in place strong safety disclo- mation technology to improve FDA’s lishing a new center, the Reagan-Udall sures for DTC ads, coupled with effec- ability to detect drug safety problems. Foundation, to develop new research tive enforcement. Under current law, No drug is free from risk, and FDA methods to accelerate the search for safety disclosures can be an after- needs the best possible methods to de- medical breakthroughs. During the dis- thought—a rushed disclaimer read by tect unexpected risks as quickly as cussions that led to consideration of an announcer at the conclusion of a TV possible. this bill, we heard time and again that ad while distracting images help gloss No Senator is more justly proud of there was a major need for better re- over the important information pro- the good work that FDA does than Sen- search tools to aid FDA in evaluating vided. Our proposal requires safety an- ator MIKULSKI. Her state of Maryland the safety of drugs and devices and nouncements to be presented in a man- has two of the great jewels of the fed- help researchers move through the long ner that is clear, conspicuous and neu- eral government—the National Insti- process of developing these products tral, without distracting imagery. We tutes of Health and the Food and Drug more effectively. also give FDA the authority to require Administration, and her proposals to If new research tools and better ways safety disclosures in DTC ads if the increase the transparency of FDA oper- to evaluate the safety and effectiveness risk profile of the drug requires them. ations were included in the bill. of drugs could be developed, patients Our legislation also takes important Senator HATCH and I have worked to- will benefit from quicker drug develop- first steps toward a safer food supply. gether on the life sciences for many ment. If current procedures can be These are only first steps, and our com- years. Whether the issue is stem cells made more effective, then the cost of mittee will work on a comprehensive or biologics or the FDA itself, Senator developing new drugs will drop. package of food safety legislation later HATCH is always at the forefront of the The Reagan-Udall Foundation sets up in the fall—but they are important debate—and the bill includes important a way to develop these new tools—not steps. Consumers and FDA have too lit- provisions he offered to accelerate the so they can help just one researcher or tle information about contaminated development of new cutting-edge drugs. The proposal on citizens petitions in one company, but so they can help the food. Our bill creates a registry and a this legislation is a true bipartisan ef- entire research enterprise. requirement to report food safety prob- fort—uniting Senators STABENOW, The bill helps preserve the integrity lems. Consumers will have information BROWN, LOTT, HATCH and THUNE. These of scientific review by improving about recalls at their fingertips, and Senators were deeply committed to FDA’s safeguards against conflicts of FDA’s response will not be slowed by this proposal, and they participated ac- interest on its scientific advisory com- antiquated and inefficient reporting tively in the final negotiations on the mittees—not through a rigid policy systems. Our bill also establishes bill. that could deny FDA needed expertise, strong, enforceable quality standards Senator ROBERTS and Senator HAR- but though a flexible approach that for the food we give our pets, to guard KIN collaborated productively to de- will reduce the number of waivers against the problems of tainted pet velop an effective and workable pro- given for conflicts of interest at FDA food that we have seen in recent posal on direct-to-consumer adver- overall. months. tising that both protects consumers The bill also takes action on the In this new era of the life sciences, and respects the Constitution. abuse of citizens petitions. FDA has a medical advances will continue to A number of other colleagues also commonsense policy to allow ordinary bring immense benefits for our citi- made major contributions to this bi- citizens or medical experts to submit zens. To fulfill the potential of that partisan achievement. Senator OBAMA petitions to the agency about drugs bright future, we need not only bril- offered provisions on genetic testing. that it is considering approving. This liant researchers to develop the drugs Senator REED contributed a proposal procedure should be used to protect of tomorrow, but also strong and vigi- on the safety of tanning beds. Senator public health—but too often, it is sub- lant watchdogs for public health to BROWN and Senator BROWNBACK came verted by those who seek only to delay guarantee that new drugs and medical up with new and thoughtful incentives the entry onto the market of generic devices are safe and beneficial, and for new treatments for neglected trop- drugs. that they actually reach the patients ical diseases. Senator DORGAN contrib- Even if the petitions are found to be who urgently need them. Congress has uted provisions on counterfeit drugs. meritless, they will have accomplished ample power to restore the luster the Senator ROCKEFELLER added provisions their mission—delaying access for con- FDA has lost in recent years, and this to increase reporting on authorized sumers to safe and lower cost medi- bipartisan consensus bill can do the generics, and Senator COBURN contrib- cines. Some petitions do present legiti- job. I congratulate my colleagues on uted provisions to allow FDA to re- mate public health concerns, and FDA approving this legislation, and look strict the use of approved medicines should not ignore them. The critical forward to working with them on its only when the drug cannot otherwise test of any proposal on citizen peti- effective implementation. be prescribed safely. tions is that it strike a balance so that The comprehensive legislation ap- I especially commend Senator RICH- the abuse of citizens petitions is pro- proved by the Senate is over 400 pages ARD BURR. No Senator is more com- hibited, but those petitions that have long, and it reflects important con- mitted to the search for innovations in genuine safety information are re- tributions from many, many of our col- the life sciences than he is. Senator viewed. leagues. BURR and his staff were skillful and The proposal the Senate approved My partner in this effort from Day tireless in their support for strong strikes that balance. It rightly states One has been my friend and colleague measures in the bill to see that FDA that the mere filing of a citizen peti- from Wyoming, Senator MIKE ENZI. Our has the resources it needs to review tion should not be cause for delay, but work on drug safety began when he new drugs quickly and effectively. No allows FDA to delay the approval of a chaired our committee and I was Rank- Senator worked harder to see that our generic application if it determines ing Member—and our work didn’t miss deliberations on this bill were success- that doing so is necessary to protect a beat when our roles were reversed ful. public health. This is the right ap- after last year’s election. Finally, I thank our colleagues from proach. It prevents abuse protects I also commend Senator DODD, Sen- the House of Representatives. Chair- health. ator CLINTON, and Senator ALEXANDER man JOHN DINGELL of the Energy and The legislation also includes impor- for the important contributions they Commerce Committee and Chairman tant reforms of direct to consumer, or made to bring new drugs to children. I FRANK PALLONE of the Health Sub- DTC, advertising. I want to thank Sen- regret that several of these important committee steered this legislation

VerDate Aug 31 2005 01:55 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.006 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11939 through the House. They worked in and finding small samples of problems, study or clinical trial to learn more close partnership with the Ranking solutions to those small samples of about a potential safety problem. But Members, Representative JOE BARTON problems, and the drug that is working perhaps most significantly, FDA will and Representative NATHAN DEAL. for people across this Nation doesn’t be able to obtain timely label changes Other House members made major con- have to be pulled off the market. It can in response to that safety information. tributions to the bill, as well, and I still work for the people who aren’t af- The label is the most important com- particularly commend Representatives fected by an adverse reaction. That is a munication mechanism for patients HENRY WAXMAN and ED MARKEY for major change we have been able to and providers about a drug’s benefits their leadership make. and risks. Patients and doctors need to Finally, I thank the dedicated staff I wish to thank all the people in- know that they can rely on the drug members who worked so long and hard volved, particularly the people on the label for accurate information. To en- and well on this legislation: committee who took separate parts of sure that science is the guiding prin- Shana Christrup, Amy Muhlberg, this and dug into it and came up with ciple for all information with the drug Keith Flanagan, and Dave Schmickel solutions—not solutions that would po- label, the FDA must be the sole arbiter from Senator ENZI’s office; Liz Wroe larize us but solutions that would bring of what is and is not in the label. This with Senator GREGG; Jenny Ware with us together. The American people don’t legislation provides one strong, clear Senator BURR; Tamar Magarik and Jer- get to hear much about the solutions pathway to update a drug label in re- emy Sharp with Senator DODD; Ann that bring us together. They get to sponse to new information. We rely on Gavaghan with Senator CLINTON; John hear hour after hour after hour of the FDA to get the label right, and this bill Ford, Bobby Clark, Ryan Long and things that have been polarized and provides broad authority to do that, John Little of the House Energy and that drive us apart. I want them to significantly strengthening FDA’s Commerce Committee; and my own know there are things that get solved hand in securing changes to the label. By providing this single, expedited staff: David Dorsey, David Bowen and around here such as food and drug safe- pathway for safety labeling changes, it Michael Myers. ty, a big thing for this country. It was is clear that Congress intends there to They all spent long hours over many done, and it was done unanimously. be one standard for protecting all months on the many complex provi- Now that means the House’s version Americans the FDA gold standard. We sions in this bill. Our efforts could not that was negotiated with the Senate’s should not be second-guessing the FDA have been successful without them, and version was put together in such a way and its science-based decisions but con- millions of Americans will benefit from that we agreed with it. America needs tinuing to rely on the agency to pro- their ability and dedication in the to know that. vide accurate information regarding a years ahead. The FDA is the gold standard among drug’s benefits and risks. I thank the Chair and thank the Sen- public health regulators the world I thank the Senator from Indiana for ator from Indiana for his courtesies. over. For the past century, the FDA letting us take a few minutes to voice The PRESIDING OFFICER. The Sen- has protected the public—from filthy this so there would be some knowledge ator from Wyoming is recognized. conditions in meatpacking plants to out there of something happening that Mr. ENZI. Madam President, I thank thalidomide, which caused thousands is good and in a bipartisan way and you, and I especially thank the Senator of birth defects in Western Europe. The gets accomplished. I wish I had time to from Indiana who has been waiting an FDA’s constant vigilance is something name all the people and the contribu- hour and a half to speak and was kind we have come to depend on every day tions they made to this. I hope people enough to let us fit into the schedule. to protect us and our children. will take a look at the record and see We needed to do this because so often Beginning in January 2005, the Sen- all of these people, not just Senators, around here, when something is done in ate Committee on Health, Education, not just House Members, but the staffs such a bipartisan manner that it passes Labor and Pensions conducted a top-to- who worked on this overtime, for hours unanimously, nobody ever hears about bottom review of the FDA’s drug safety at night, for hours on the weekend, to it. and approval processes. Given the limi- be able to resolve it by today. Why is This isn’t something we are trying to tations we identified during our review today important? Because if we didn’t force through, this isn’t something of FDA, I strongly felt it was necessary get this finished today and assure that that there are a lot of arguments to correct those problems and ensure the companies which help fund the ef- about, but it is something essential to that FDA has the right tools to address forts of the FDA would come in, there the American people: their food and drug safety after the drug is on the would have had to be RIF notices to drug safety. We are the best country in market. New authorities were clearly about 2,000 Federal employees today the world at doing it. We can do it bet- needed, and H.R. 3580, the Food and who would be laid off. So we were up ter. This bill lets us do it better. Is it Drug Administration amendments of against a tight time deadline and we a perfect bill? That never happens 2007, provides those authorities. met the time deadline and did it in a around here. Is it a big victory for pa- The changes made in the drug safety very bipartisan way. tients and children? Absolutely. components of this legislation are crit- Mr. GREGG. Madam President, I rise This actually incorporates four reau- ical to restoring peace of mind to today to speak about the passage of the thorizations and one massive reform. Americans who want to be assured that Food and Drug Administration Amend- We take care of a lot of things in this the drugs they take to treat illnesses ments of 2007. This bill includes the re- package that normally would take a and chronic medical conditions can be authorizations of the Prescription lot of hours on the floor, but because of relied upon and trusted. The broad new Drug User Fee Act, PDUFA, and the the participation from both sides of the authorities in this legislation are the Medical Device User Fee and Mod- aisle, and from everybody intensively most significant change to FDA in at ernization Act, MDUFMA, both of on the committee, we were able to put least a decade. The sweeping new au- which provide an essential source of together a bill that solves a lot of prob- thorities provided by this bill will only funding to the FDA to ensure faster re- lems. strengthen the agency’s ability to safe- view times and enhanced patient access The FDA’s choice before was to pull guard the American people. to safe and effective drugs and devices. a drug off the market or to leave it on. This bill gives FDA a full toolbox of The bill also reauthorizes two pro- If it had some kind of a problem that options for dealing with potential safe- grams that have had a great impact on could be solved some simple way, it ty problems, even if they are discov- the safety of medicines for children. I wasn’t an option; pull it off or leave it ered after a drug is first marketed. support the reauthorization of the Best on. We gave them a toolbox, a whole FDA will be able to proactively react Pharmaceuticals for Children Act, bunch of different things that they can to additional safety information when- BPCA, and the Pediatric Research Eq- now do so that drugs will be approved ever that safety information is discov- uity Act, PREA, in particular the pro- faster, and then when that clinical ered, even after the drug is on the mar- vision that maintains the current 6 trial that we call the whole population ket. FDA will have the ability to iden- months of data exclusivity provided of the United States kicks in, there is tify side effects through active surveil- under current law to create a meaning- a mechanism for following all of those lance, and the authority to request a ful incentive for drug manufacturers to

VerDate Aug 31 2005 01:40 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.043 S21SEPT1 bajohnson on PRODPC61 with SENATE S11940 CONGRESSIONAL RECORD — SENATE September 21, 2007 perform pediatric safety studies. It is statement that, notwithstanding the U.S. Leadership Against HIV/AIDS, Tu- because of the great success of these new authority granted to the FDA berculosis, and Malaria Act of 2003— two programs that I am pleased that under this bill to require labeling known as the Leadership Act. Under the bill requires both programs to be changes; it is the responsibility of the the Leadership Act, the American peo- reauthorized together in 2012. This drug company to comply with other ple have catalyzed the world’s response joint sunset date allows for further re- regulatory requirements regarding the to the HIV/AIDS epidemic. It is not authorizations to continue balancing drug’s label. This so called ‘‘gift to the often that we have an opportunity to the incentives and authorities that trial lawyers’’ merely restates current save lives on such a massive scale. Yet drive pediatric study. law, and is not such a gift at all. Re- every American can be proud that we Most of all, I am pleased that the gardless of whether or not the drug have seized this opportunity. My mes- drug safety portion of the bill contains company or the agency initiates a la- sage to Senators today is a simple one: provisions from my Safer DATA Act. beling change, it is the FDA that con- let’s agree that we should sustain this This language requires the FDA to es- tinues to have the express authority to success, and let’s move now to pass a tablish and maintain an active surveil- approve, reject or modify the labeling reauthorization bill. lance infrastructure to collect and ana- of a drug. I believe that Congress should reau- lyze drug safety data from disparate Not only is this rule of construction thorize the Leadership Act this year, sources, such as: adverse events re- meaningless, but it pales in comparison rather than wait until it expires in ports, Medicare Part D and VA health to the expansive authority given to the September 2008. Partner governments system data, and private health insur- FDA throughout the rest of the bill’s and implementing organizations in the ance claims data. The private sector 422 pages. What this bill does at the field have indicated that, without early and many academic institutions have majority’s insistence is expand the reauthorization of the Leadership Act, had these capabilities for years. With reach of the FDA’s regulatory author- they may not expand their programs in this legislation, the FDA will finally ity over prescription drugs, devices, 2008 to meet the goals that we set for have access to the best information food, and even tanning beds. the President’s Emergency Plan for possible. In addition to the bill’s many other AIDS Relief also known as PEPFAR. The legislation also directs the FDA provisions, section 901 gives the HHS These goals include providing treat- to establish drug safety collaborations Secretary explicit authority to request ment for 2 million people, preventing 7 with private and academic entities to certain safety labeling changes. If the million new infections, and caring for perform advanced research and further Secretary becomes aware of new safety 10 million AIDS victims, including or- analysis of drug safety data once the information that the he or she believes phans and vulnerable children. surveillance system detects a serious should be included in the labeling for a Many partners in the fight against risk. drug, the Secretary may notify the HIV/AIDS want to expand their pro- And finally, to enhance risk commu- drug company and begin a process to grams. But to do so, they need assur- nication, the language establishes a modify the label. ances of a continued U.S. commitment one-stop shop web portal to give pa- Under existing preemption prin- beyond 2008. We may promise that a re- tients and providers better access to ciples, FDA approval of labeling under authorization of an undetermined fund- drug safety information, including ag- the Food, Drug, and Cosmetic Act pre- ing level will happen eventually—but gregate information from the surveil- empts conflicting or contrary State partners need to make plans now if lance system. law. The determination of whether or they are to maximize their efforts. I congratulate Senator KENNEDY and not labeling revisions are necessary is, Today, they have only a Presidential Senator ENZI for their support of the in the end, squarely and solely the proposal, not an enacted reauthoriza- inclusion of this provision and for their FDA’s. Given the comprehensiveness of tion bill. This is an important matter efforts to get this bill finalized before FDA regulation of drug safety, effec- of perception, similar to consumer con- the September 21 deadline. tiveness and labeling under the Food, fidence. It may be intangible, but it We have consistently heard from Drug, and Cosmetic Act, additional re- will profoundly affect the behavior of HHS Secretary Leavitt and Commis- quirements for the disclosure of risk individuals, groups, and governments sioner Von Eschenbach over the past communication do not necessarily re- engaged in the fight against HIV/AIDS. few months that if we failed to com- sult in positive outcomes for patients, I recently received a letter from the plete the reauthorizations of PDUFA but create differing standards that Ministers of Health of the 12 African and MDUFMA by September 21, they heighten confusion. focus countries receiving PEPFAR as- would be required to issue reduction- If we had intended through this legis- sistance. They wrote: in-force—RIF—notices to FDA drug lation to give State courts and State Without an early and clear signal of the and device reviewers—the key staffers juries the authority to second guess continuity of PEPFAR’s support, we are con- who are on the front lines of ensuring the scientific expertise of the FDA, we cerned that partners might not move as the safety and efficacy of FDA ap- would have done so. In fact, based on quickly as possible to fill the resource gap proved products. In 1997, when Congress the totality of the bill’s 422 pages we that might be created. Therefore, services failed to reauthorize PDUFA on time, have done the opposite. The intent of will not reach all those who need them. . . . the 1 month delay caused departures to this legislation is explicitly clear. One The momentum will be much greater in 2008 if we know what to expect after 2008. the extent that it took 18 months for FDA. One gold standard. One expert FDA to return to full staffing levels. Federal agency charged by Congress I realize that a PEPFAR reauthoriza- Not only would the issuance of RIF no- with ensuring that drugs are safe and tion bill will face a crowded Senate cal- tices this year have affected nearly effective and that product labeling is endar this year. But maintaining the 2,000 FDA employees and their fami- truthful and not misleading. momentum of PEPFAR during 2008 is a lies, but it would have essentially ob- The PRESIDING OFFICER. The Sen- matter of life or death for many. Part literated the ability of the agency to ator from Indiana is recognized. of the original motivation behind fulfill its public health mission. Mr. LUGAR. Madam President, I PEPFAR was to use American leader- So it may be surprising to some, that unanimous consent to speak as in ship to leverage other resources in the the key obstacle to finishing this bill morning business. global community and the private sec- over the last few weeks was the House The PRESIDING OFFICER. Without tor. The continuity of our efforts to Democratic leadership’s insistence on a objection, it is so ordered. combat this disease and the impact of provision that they included on behalf f our resources on the commitments of of their most precious constituents— the rest of the world will be maximized not the FDA employees, not the sci- U.S. LEADERSHIP AGAINST HIV/ if we act now. entists, not even the patients, but the AIDS, TUBERCULOSIS AND MA- Although the Leadership Act is an trial lawyers. LARIA ACT extensive piece of legislation, I believe Yes, included deep in section 901 of Mr. LUGAR. Madam President, I rise that Congress can reach an agreement this bill is a one-sentence rule of con- today to discuss S. 1966, a bill that I in- expeditiously on its reauthorization. struction that makes the obvious troduced last month to reauthorize the Most of its provisions are sound and do

VerDate Aug 31 2005 01:55 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.025 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11941 not require alteration. In fact, the act health indicators, 17 showed significant The PEPFAR approach of targeting in- has provided for substantial flexibility improvements as PEPFAR scaled up. dividuals complements these efforts. of implementation that has been one of Improvements in family planning and In Kenya, for example, PEPFAR is the keys to success of the PEPFAR infant care, among other achieve- supporting a ‘‘food by prescription’’ ap- program. The authorities in the origi- ments, were deemed to have stemmed proach and is working with the Kenyan nal bill are expansive, and they are en- from ongoing HIV/AIDS programs. Ac- government, the World Food Program abling the program to succeed in di- cording to the chairman of the Insti- and others to ensure that broader com- verse nations, each with its own unique tute of Medicine Committee, which re- munities, as well as individuals who set of cultural, economic, and public cently completed a congressionally may fall outside of PEPFAR guidelines health circumstances. mandated study of the emergency plan: for support, are reached. In Haiti, In developing S. 1966, I have con- PEPFAR is contributing to make health PEPFAR works with partner organiza- sulted extensively with American offi- systems stronger . . . doing good to the tions to support orphans and vulner- cials who are implementing PEPFAR. health systems overall. able children using a community-based Most believe that preserving the exist- In the Senate Foreign Relations approach. Children participate in a ing provisions of the Leadership Act Committee, we have paid particular at- school nutrition program using USAID- would give them the best chance at tention to the devastating toll of HIV/ title II resources. This program is also continued success. Adding new restric- AIDS on females. Women, and young committed to developing sustainable tions to the law can limit the flexi- girls in particular, are especially vul- sources of food. Thus, the program ag- bility of those charged with implemen- nerable to HIV and AIDS due to a com- gressively supports community gardens tation in 2009 and beyond. We don’t bination of biological, cultural, eco- for children’s consumption and for gen- know who that will be, and more im- nomic, social, and legal factors. The erating revenue through the marketing portantly, we don’t know what the Leadership Act’s authorities in this of vegetables. challenges of 2013 will be—though we area are robust. The emergency plan is On education, too, the Leadership can probably say with confidence that already leading the world in incor- Act’s existing authorities are being put the landscape will be very different porating gender considerations across to productive use. In 2006, approxi- then than it is today. its prevention, treatment, and care mately $100 million in PEPFAR fund- This is not to say that Senators may programs and addressing gender issues ing went toward programs that address not have good ideas for improvement that contribute to the spread of HIV/ barriers to school attendance for or- that should be adopted. But new provi- AIDS. For example, in 2006, a total of phans and vulnerable children. This sions must not unduly limit the flexi- $442 million supported more than 830 figure is expected to increase to $127 bility of the program, and Congress interventions that included one or million in 2007. As it does with its nu- should avoid descending into time-con- more of the five priority gender strate- trition programs, PEPFAR seeks to le- suming quarrels over provisions that gies identified in the Leadership Act. verage its resources by ‘‘wrapping are unnecessary or that have little to These strategies include increasing around’’ other programs that promote do with the core mission of the bill. gender equity in HIV/AIDS services, re- access to education, such as the Presi- As Senators study the record of ducing violence and coercion, address- dent’s African Education Initiative, or PEPFAR to date, I believe they will ing male norms and behaviors, increas- AEI. find that the vast majority of the au- For example, in Zambia, PEPFAR ing women’s legal protections, and in- thorities needed for the next phase of and AEI fund a scholarship program creasing women’s access to income and our effort already are in the existing that helps nearly 4,000 orphans who productive resources. legislation. I would like to outline how In Namibia, PEPFAR supports the have lost one or both parents to AIDS the existing legislation is dealing suc- or who are HIV-positive stay in grades Village Health Fund Project, a micro- cessfully with several specific areas of 10 through 12. Similar partnerships credit program that provides vulner- concern. exist in Uganda, where PEPFAR and able populations, such as widows and The first is Strengthening Health AEI are working together to strength- grandmothers who care for orphaned Systems. Some have expressed the view en life-skills and prevention curricula grandchildren, with start-up capital for that additional authorities are needed in schools. This program targets 4 mil- income-generating projects. In South to improve health systems in target lion children and 5,000 teachers. Also in Africa, PEPFAR supports a project countries. I agree that this area is a Uganda, through the AIDS Support Or- that seeks to have men take more re- vital one if hard-hit nations are to ganization, PEPFAR helps almost 1,000 sponsibility for preventing HIV infec- have truly sustainable programs. Yet children by providing school fees and the current Leadership Act already tion and gender-based violence. supplies for both primary and sec- Another issue of special concern is contains ample authorities to help ondary school. build health systems, and the United food and nutrition. In 2004, I chaired a The emergency plan has dedicated States is making extensive use of those hearing of the Foreign Relations Com- nearly $191.5 million to pediatric treat- authorities. To date, the emergency mittee on this subject that underscored ment, prevention, and care during the plan has supported nearly 1.7 million how HIV/AIDS and hunger exacerbate last 2 years. The program has made training and retraining encounters for each other in many African nations. steady progress, increasing the share of health care workers and more than The AIDS crisis has led to a food crisis those receiving PEPFAR-supported 25,000 service sites. In fiscal year 2007, for both its victims and their commu- treatment who are children from 3 per- PEPFAR estimates it will have in- nities. It is no coincidence that the cent in 2004 to 9 percent in 2006. The in- vested nearly $640 million in network prevalence of HIV/AIDS is highest in tent is to increase this figure to 15 per- development, human resources, and countries where food is most scarce. cent. local organizational capacity and PEPFAR has adopted guidance pro- PEPFAR has focused much effort on training. viding for the inclusion of nutritional early identification of HIV-positive A recent study of PEPFAR treatment assessment and counseling in care and children. In many countries, an HIV sites in four countries—Nigeria, Ethi- treatment programs. It has also facili- test is used that cannot identify chil- opia, Uganda, and Vietnam—found that tated food support for targeted popu- dren as positive until they are 18 PEPFAR supported 92 percent of the lations and assistance to long-term months old. Recognizing that 50 per- investments in health infrastructure food security for orphans and vulner- cent of HIV-positive children will die designed to provide comprehensive HIV able children. PEPFAR seeks to build by age two if untreated, PEPFAR is treatment and associated care, includ- on the comparative advantages of its working hard to introduce new diag- ing facility construction, lab equip- partners in addressing food needs. nostic technology that can discern the ment, and training. In these countries, These include USAID, the U.S. Depart- HIV status of children at a much PEPFAR also supported 57 percent of ment of Agriculture, and the United younger age. personnel costs and 92 percent of train- Nations World Food Program. These Along with supporting treatment for ing costs. partners provide more direct support in children who are already infected, In a separate study focused on Rwan- food commodities and food security PEPFAR is devoting resources to en- da that examined 22 non-HIV/AIDS with a focus on overall communities. suring that fewer children are infected

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.016 S21SEPT1 bajohnson on PRODPC61 with SENATE S11942 CONGRESSIONAL RECORD — SENATE September 21, 2007 in the first place. To date, PEPFAR The problem with this directive, how- organization that enjoys wide support has dedicated more than $453 million to ever, is that it has applied to all pre- in Congress. The Global Fund is a criti- the prevention of mother-to-child vention funding—not just to funding cally important partner in our fight transmission programs. In Botswana, for prevention of sexual transmission. against HIV/AIDS. In addition to our Guyana, Namibia, Rwanda, and South This has had the effect of squeezing contributions, we are active on its Africa the percentage of pregnant funding for prevention activities that board, and U.S. personnel provide the women receiving mother-to-child have nothing to do with sexual preven- Global Fund with extensive technical transmission prevention services now tion—such as prevention of mother-to- assistance. The Global Fund is an ave- exceeds 50 percent—the goal of the child transmission and blood trans- nue for the rest of the world to make President’s International Initiative to fusion safety. The language I propose contributions to antidisease initia- Prevent Mother and Child HIV. In the would address this by applying the di- tives. The United States is the largest past few years, nearly all of the focus rective only to funding for prevention supporter of the Global Fund, having countries have adopted ‘‘opt-out’’ test- of sexual transmission, rather than to provided more than $2 billion so far. ing where pregnant women are given prevention funding as a whole. This The American people have contributed an HIV test during routine antenatal will enable greater flexibility. approximately one-third of all moneys care unless they refuse the test. At the same time, the language received by the fund. Under the highly successful national would ensure the continuation of fund- The fund is subject to pressures from program in Botswana, where approxi- ing for abstinence and faithfulness pro- many donors, and it is widely acknowl- mately 14,000 HIV-infected women give grams as part of comprehensive, evi- edged that it would benefit from great- birth annually, the country has in- dence-based ABC activities. Rather er transparency and accountability. As creased the proportion of pregnant than maintaining the existing directive chairman of the Senate Foreign Rela- of 33 percent of all prevention funding, women being tested for HIV from 49 tions Committee from 2003 through the proposal would require that 50 per- percent in 2002 to 96 percent in 2006. 2006, I oversaw the passage of legisla- cent of the sexual prevention subset of The number of infant infections has de- tion that strengthened the trans- prevention activities be spent to sup- clined by approximately 80 percent, to parency and accountability of inter- a national transmission rate of less port abstinence and faithfulness. It also acknowledges that different strat- national organizations that receive than four percent. U.S. funding, including the World Bank Although the authorities in the egies are needed depending on the facts of the epidemic in each country—some- and the International Monetary Fund. Leadership Act allow for an expansive My proposed language would establish array of activities, I am suggesting a thing PEPFAR is already doing. I think this compromise approach is one similar benchmarks for U.S. funding few basic changes in this reauthoriza- for the Global Fund. I address such tion. First, my proposal would increase that can win support from across the political spectrum and provide in- benchmarks at some length in my pro- to $30 billion the authorization for the creased flexibility while ensuring con- posed legislation—not because of con- years 2009 through 2013—a doubling of tinued support for comprehensive, evi- cerns over specific Global Fund activi- the initial U.S. commitment. Senators dence-based prevention. I look forward ties—but rather to ensure sound prac- may wish to revisit this proposed fund- to working on this with my colleagues. tices and give members confidence that ing level, and I look forward to that The one directive in the Leadership U.S. contributions are being monitored discussion. Act that I believe must be maintained carefully. Most of these benchmarks I believe we need to keep the bill as holds that 10 percent of funding be de- are based on provisions contained in free of funding directives as possible to voted to programs for orphans and vul- past appropriations bills, and I do not ensure maximum flexibility for imple- nerable children. There were few pro- believe they will be controversial. mentation. This was recommended by grams focused on the needs of these S. 1966 would maintain the limitation the Institute of Medicine. I am pro- children before the Leadership Act, and in the existing Leadership Act that posing that only two funding directives we remain in the early stages of the ef- U.S. contributions to the Global Fund be included—one modified from its cur- fort to serve them. Before the advent of may not exceed 33 percent of its fund- rent form, the other maintained as it PEPFAR, neither the United States, ing from all sources. This limitation is. nor anyone else, had much experience has proven to be a valuable tool for in- The first modification would seek to in programs to support children in- creasing contributions to the fund from address the abstinence directive in cur- fected with, or affected by, HIV/AIDS. other funding sources, including other rent law. The administration has inter- After several years of effort, we have governments, and I believe there is preted and implemented this provision made some progress, but our programs wide agreement that this provision so as to include both abstinence and are not yet as firmly established as should be maintained. faithfulness programs, the ‘AB’ of they can be. This year PEFPAR invited Lastly, let me turn from the details ‘ABC,’ which stands for Abstinence, Be proposals for orphans programs from of the proposed legislation to add some faithful, and the correct and consistent the field—but the number of proposals perspective to this reauthorization ef- use of Condoms. The ABC paradigm for that came back was far less than the fort. The U.S. National Intelligence prevention was developed in Africa by available funding. This indicates that Council and innumerable top officials, Africans, to address the wide range of we still have much work to do in this including President Bush, have stated risks faced by people within their na- area, and maintaining this directive that the HIV/AIDS pandemic is a tions. Recent evidence from a growing will help to ensure that we do it. threat to national and international number of African countries shows a The AIDS orphans crisis in sub-Saha- security. correlation between declining HIV ran Africa has implications for polit- The pandemic is rending the socio- prevalence and the adoption of all ical stability, development, and human economic fabric of communities, na- three of the ABC behaviors. PEPFAR welfare that extend far beyond the re- tions, and an entire continent, creating implements a program that teaches gion. The American people strongly a potential breeding ground for insta- young children to respect themselves back this effort, and the maintenance bility and terrorism. Communities are and others. Part of that respect is to of this directive will help to ensure being hobbled by the disability and loss refrain from sexual activity and to be that we remain attentive to those who of consumers and workers at the peak faithful to a single partner. As children need our support the most. The direc- of their productive, reproductive, and grow older, they learn about other tive will also help ensure the success of care-giving years. In the most heavily ways to protect themselves so that the Assistance for Orphans and Other affected areas, communities are losing they have the information and tools Vulnerable Children in Developing a whole generation of parents, teach- they need to live healthy lives. These Countries Act of 2005, a bill I drafted, ers, laborers, health care workers, are not revolutionary concepts. Rather which was cosponsored by 11 Senators. peacekeepers, and police. they are commonsense approaches to That bill was signed into law on No- United Nations projections indicate public health based on broad experi- vember 8, 2005. that by 2020, HIV/AIDS will have de- ence garnered from many cases and My bill also includes some new lan- pressed GDP by more than 20 percent studies. guage regarding the Global Fund, an in the hardest-hit countries. The World

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.009 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11943 Bank recently warned that, while the stitute of Medicine said, the Global sess the group has protected or regenerated global economy is expected to more Leadership Act is a ‘‘learning organiza- key elements of its homeland attack capa- than double over the next 25 years, Af- tion.’’ We should pass a bill now that bility, including: a safe haven in the Paki- rica is at risk of being ‘‘left behind.’’ allows PEPFAR to expand and evolve stan federally administered tribal areas, operational lieutenants, and its top leader- Many children who have lost parents its program implementation utilizing ship. to HIV/AIDS are left entirely on their the experience of these past 31⁄2 years. own, leading to an epidemic of orphan- I believe that we will save more lives Here is what it says. It says the headed households. When they drop out and prevent more infections if we reau- greatest terrorist threat to our home- of school to fend for themselves and thorize this remarkable program this land is al-Qaida and its leadership, who their siblings, they lose the potential year. I ask my colleagues to work with even now are plotting attacks against for economic empowerment that an me to achieve a truly bipartisan tri- our country and who have a safe haven education can provide. Alone and des- umph of which we can all be proud. in the Pakistan region. Now, if that is perate, they sometimes resort to trans- I thank the Chair, and I suggest the the case, it is quite clear that the cen- actional sex or prostitution to survive, absence of a quorum. tral fight on terrorism is not going and risk becoming infected with HIV The PRESIDING OFFICER. The door to door in Baghdad in the middle themselves. clerk will call the roll. of a civil war. Yet that is what we are I believe that in addition to our own The assistant legislative clerk pro- doing. national security concerns, we have a ceeded to call the roll. I have asked this question, and I have humanitarian duty to take action. Five Mr. REID. Madam President, I ask repeatedly asked it: Why should there years ago, HIV was a death sentence unanimous consent that the order for be 1 square inch on the planet Earth for most individuals in the developing the quorum call be rescinded. that is secure or safe for Osama bin world who contracted the disease. Now The PRESIDING OFFICER. Without Laden and the leadership of al-Qaida? there is hope. We should never forget objection, it is so ordered. Yet our National Intelligence Estimate says they are in a safe haven. A ‘‘safe that behind each number is a person— f a life the United States can touch or haven.’’ These are the people who even save. MORNING BUSINESS boasted of killing Americans on 9/11. At the time the Leadership Act was Mr. REID. Madam President, I ask They boasted about engineering 19 ter- announced, only 50,000 people in all of unanimous consent that the Senate rorists aboard airplanes full of fuel and sub-Saharan Africa were receiving now proceed to a period for the trans- passengers, and they ran them into antiretroviral treatment. Through action of morning business, with Sen- buildings, killing innocent Americans. March of this year, the act has sup- ators allowed to speak therein for up to And 6 years later, our National Intel- ported treatment for more than 1.1 mil- 10 minutes each. ligence Estimate tells us that those lion men, women, and children in 15 The PRESIDING OFFICER. Without who engineered that attack have re- PEPFAR focus countries. During the objection, it is so ordered. grouped, are developing new training first three and a half years of the act, Mr. REID. I suggest the absence of a camps for terrorists, and are in a safe U.S. bilateral programs have supported quorum. haven and developing new plans to at- services for more than 6 million preg- The PRESIDING OFFICER. The tack America. That is unbelievable to nancies. In more than 533,000 of those clerk will call the roll. me. pregnancies, the women were found to The assistant legislative clerk pro- We are debating the war in Iraq, be HIV-positive and received ceeded to call the roll. which our National Intelligence Esti- antiretroviral drugs, preventing an es- Mr. DORGAN. Mr. President, I ask mate also says is largely sectarian vio- timated 101,000 infant infections unanimous consent that the order for lence, or a civil war. Yes, there is some through March 2007. the quorum call be rescinded. al-Qaida in Iraq, but that is not the Before the advent of PEPFAR, there The PRESIDING OFFICER (Mr. central front, and that is not the cen- was little concerted effort to meet the CASEY). Without objection, it is so or- tral war on terrorism. If, in fact, our needs of those orphaned by AIDS, or of dered. role as a responsible country is to pro- other children made vulnerable by it. f tect our citizens, then it seems to me We have now supported care for more we would change course and change IRAQ than 2 million orphans and vulnerable strategy so that we are taking the children, as well as 2.5 million people Mr. DORGAN. Mr. President, I am fight to the terrorists and fighting the living with HIV/AIDS, through Sep- going to make a few comments this terrorists first. tember 2006. morning about a hearing we just com- We have been bogged down—longer Effective prevention, treatment, and pleted in the Democratic policy com- now than in the Second World War—in care depend to a large extent on people mittee, but I am waiting for some what has become a civil war in Iraq. knowing their HIV status, so they can charts. While I am waiting for those Meanwhile, the greatest terrorist take the necessary steps to stay charts, I want to talk a moment about threat to our homeland is in a safe healthy. The United States has sup- what is happening with respect to the haven. Osama bin Laden, al-Zawahiri, ported 18.7 million HIV counseling and debate here in this Chamber dealing and others, the leadership of al-Qaida, testing sessions for men, women and with the war in Iraq. It relates to some in a safe haven. children. things I said on the floor of the Senate What are the consequences of that Our financial investment in this fight yesterday but I think really bear re- safe haven? Let me show a newspaper has been critical to our success, and peating. report from last week. All of us under- thanks in large part to the flexibility We are talking about the war in Iraq, stand this because we heard about it. of the Leadership Act, we have been the need to attempt to change course They picked up terrorists in Denmark, able to obligate more than 94 percent in Iraq, and yesterday I described again they picked up terrorists in Germany. of its available $12.3 billion appro- what the latest National Intelligence The terrorists in Germany were plot- priated through this fiscal year. Estimate tells us. Now, all of us have ting attacks against the largest U.S. PEPFAR, led by its coordinator, Am- access to this. There is a classified military base in Europe. Where did bassador Mark Dybul, has utilized the version, a top-secret version, and a those terrorists train? In Pakistan. In existing Leadership Act authorities nonclassified version, but all of us have terrorist training camps in Pakistan. well and has listened to the Congress access to this information. Here is We are now seeing the fruit of what and many other stakeholders. We what it says in the context of pro- has been allowed to happen—the lead- should maintain the flexibility to re- tecting this country and providing se- ership of al-Qaida in a safe or secure spond to the changing dynamics of the curity and safety for this country. Here place, operating or developing new epidemic, rather than locking in par- is what the National Intelligence Esti- training camps, training new terrorists ticular approaches that might be ap- mate says: to launch attacks against our country. propriate for 2007, but that might prove Al-Qaida is and will remain the most seri- Meanwhile, we are going door to door problematic for future years. As the In- ous terrorist threat to the homeland. We as- in Baghdad in the middle of sectarian

VerDate Aug 31 2005 01:40 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.013 S21SEPT1 bajohnson on PRODPC61 with SENATE S11944 CONGRESSIONAL RECORD — SENATE September 21, 2007 violence. If ever there is a description old U.S. Navy veteran. When leaving going to tell the press? Was I going to get an of a need for a change of course, that is the Navy, he chose to go to Iraq as a ci- attorney? it. I do not understand why some fail vilian to help American efforts to re- When they released me, he said, they to recognize what has happened. build the country. He worked for a cou- ‘‘gave me a $20 bill and dumped me at You can go back to February, you ple of private military contractors in the Baghdad airport to fend for myself can go to June, you can go to the dis- Iraq. Here is what happened to him. without the documentation I needed to closures and read them. This one is What he saw with respect to the last return to the United States.’’ June: contractor he worked with was the sale A whistleblower who saw illegal ac- ‘‘Al-Qaida regroups in new sanctuary of weapons, the sale of stolen weapons tivity, saw the selling of improper guns in Pakistan border.’’ to interests who should not have weap- in Iraq, some to insurgents, he felt, While the U.S. presses its war against in- ons, insurgents and others. So he began went to authorities. His country, the surgents linked to al Qaida in Iraq, Osama to report it. It was something he be- United States of America, held him bin Laden’s group is recruiting, regrouping lieved very seriously. He reported it to prisoner for 97 days. No habeas cor- and rebuilding in a new sanctuary along the pus—which is in the Constitution, by border between Afghanistan and Pakistan, his superiors. He reported it to the senior U.S. military, intelligence and law en- FBI. He reported it to U.S. military of- the way. No right of habeas corpus for forcement officers said. The threat from the ficials. an American citizen here. No right to radical Islamic enclave in Waziristan is more As a result, this U.S. Navy veteran contact an attorney. If this doesn’t dis- dangerous than from Iraq, which President found himself in big trouble. Here is turb the American people, I don’t know Bush and his aides called the central front of what he said. what will disturb the American people. the war on terrorism, said some current and Because of the information I possessed and We heard today from other witnesses former officials. Bin Laden himself is be- because of my unwillingness to condone the talking about two things. One was the lieved to be hiding in the region guiding a corruption in the company that I saw, I be- new generation of lieutenants and inspiring abuse of the taxpayer by contracting came a target within the company. They allied extremist groups in Iraq and other firms in Iraq—waste, fraud, and abuse took measures to ensure that I could not parts of the world. that represents I think some of the leave their compound in the Red Zone in worst waste, fraud, and abuse in the I don’t, for the life of me, understand which [they] were located. When I called the the failure to recognize a set of facts. United States government for help, [the U.S. history of this country. I have held, I This reminds me of the period prior to Government] came to the compound to res- believe, 10 or 12 hearings on this sub- the invasion of Iraq—a set of informa- cue me. But what started as a rescue ended ject as chairman of the Policy Com- tion that on its face later turns out to up as a nightmare. mittee over the last 3 years. The evi- have been wrong. That night I was taken to the United dence is unbelievable: $40, $45 for a case We don’t need to be told what is right States Embassy and debriefed. I told the of Coca-Cola. It doesn’t matter, the or wrong in terms of the set of facts— agent that questioned me everything I had taxpayer is going to pay for that. You witnessed [about the sale of illegal guns and order 50,000 pounds, 25 tons of nails, read the facts, understand the facts. If illegal activity that had gone on.] I also told the central threat to our country, the him that I was informing for the FBI. In- and they deliver the wrong size, it greatest threat to our country, accord- stead of contacting the FBI to verify the in- doesn’t matter, throw them on the ing to National Intelligence Estimates, formation I provided, these U.S. government sand of Iraq, the taxpayers will pay for is al-Qaida and its leadership and its officials blindfolded me, handcuffed me, and it. Or a $7,000-a-month lease payment reconstruction of its system of terror took me into detention. According to the De- for an SUV. and the development of new terrorist partment of Defense spokesperson, they did Henry Bunting over in Kuwait, work- camps, if that is the case then, that is not bother to contact the FBI until three ing for Halliburton—KBR, a subsidiary weeks into my detention. To this day [he where America has to be to wage the of Halliburton—he had a job as a pur- said] even though the Freedom of Informa- chaser. He said, as a small example, I fight against that kind of terrorist tion Act requests [have been made] no gov- group. Instead, we are in the middle of ernment official has explained what was was supposed to order hand towels for a civil war. That is why we need a asked of the FBI regarding myself and what the American troops so I filled out an change in course, a change in strategy. the FBI said in response. order to order white hand towels. My It is not as some of my colleagues I spent 97 days in . . . isolation. I was de- supervisor said: No, we don’t want talk about, a plan for surrender. It is nied food and water. I was denied sleep. I was those white hand towels. We want hand simply deciding we are going to attack also denied requested, and much needed, towels with KBR, the logo of our com- medication. There was intolerably-loud pany, embroidered on the towels. and launch an effort to destroy that heavy metal and country music blaring into which represents the greatest threat to the cells. The lights in the cells were always Henry says: But it will triple the cost. our country. It is surprising to me that on. The guards would threaten me and phys- The supervisor says: It doesn’t matter, 6 years later there is anyplace on the ically assault me. For example, the guards the American taxpayer is paying for planet Earth that should, by our na- would walk me into walls while I was blind- this. It is a cost-plus contract; don’t tional intelligence officials, be de- folded and handcuffed, ‘‘shake down’’ my cell worry about it. clared safe or secure for the leadership for contraband, threaten to use excessive These are small items, but there are of al-Qaida. Yet that is exactly what force if I did not obey all of their orders. Fi- large items. It is unbelievable the nally, for the first few weeks I was [in this we read and what we hear and what we amount of waste, fraud, and abuse we prison] I was denied a phone call. No one in have uncovered. The fact is, there see in official reports. That is not my family knew where I was, if I was alive something we should accept. or if I was dead. seems to be an attitude in some parts I wish briefly today to talk about the During [that] time I was interrogated con- of this Government to sleepwalk results of a hearing that the Demo- stantly. Before each session, I would ask for through it all. It doesn’t matter. It just cratic Policy Committee held this an attorney. The request was invariably de- doesn’t matter. morning. The hearing was about the nied. Instead, I was interrogated by a host of Can you imagine a circumstance subject of contractors in Iraq and also United States government personnel, includ- where a contractor, in this case Halli- the subject of what are called whistle- ing FBI agents, Navy Criminal Investigative burton, KBR, is charging us for 42,000 Service officers, as well as possibly CIA and meals a day it is providing American blowers, those are people who are, in DIA agents. . . . many cases, very courageous people According to the government, I was being troops, American soldiers—42,000 meals who blow the whistle on waste, fraud, held as a security internee because of my af- a day, and it turns out they are only and abuse on behalf of the taxpayers of filiation with [the private security firm], giving 14,000 meals a day? They over- America; to say this is wrong and it certain members of which the government charged by 28,000 meals a day, accord- must stop. believed were selling weapons to insurgents. ing to Government estimates. How do We had some very disturbing testi- ... you miss 28,000 meals a day? mony this morning. We had eight wit- Three months after I was detained, and The evidence is unbelievable when after alleged subsequent ‘‘re-examination’’ of you go through this. This morning we nesses. Four of them were whistle- my case, the government released me. Before blowers. They have paid dearly for hav- I was released, however, I had one final in- had a hearing about contracting abuse. ing the courage to come forward. terrogation. The main focus of that interro- We had testimony. I read some from Let me read the testimony of a Don- gation was what was I going to do when I got Donald Vance, who worked for a con- ald Vance, U.S. Navy veteran; 30-year- home: Was I going to write a book? Was I tractor in Iraq and was imprisoned by

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.046 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11945 his Government for 97 days, not given we have found—Senator WYDEN and I nees through a process that respects the right to an attorney, not given the have worked on this in the Senate—the the separation of powers. right to contact anybody on the out- Pentagon wants to hire companies to First, let me say that the President side at any time during the early oversee other companies. You can’t do has made a first-rate nomination by stages of that confinement. That is un- that. You can’t delegate that responsi- choosing Judge Michael Mukasey as believable. bility. Who is looking out for the tax- the next Attorney General of the Bunnatine Greenhouse testified once payer here? United States. He will bring to this again this morning, the highest rank- We had testimony today from Robert vital leadership post 16 years of private ing civilian official in the U.S. Army Isackson. Robert Isackson is a patri- legal practice, 4 years as a Federal Corps of Engineers. She said the abuse otic American. He was someone who prosecutor, and 19 years as a Federal related to the awarding of contracts— saw criminal activity with a company judge. here is what she said exactly. This is called Custer Battles. He reported it. He headed the Official Corruption the highest ranking civilian official in For that, he and others who were with Unit during his service as Assistant the U.S. Army Corps of Engineers. him were surrounded by people with U.S. Attorney in the Southern District I can unequivocally state that the abuse guns, threatened. He came today and of New York. And he served as Chief related to the contracts awarded to KBR— expressed profound disappointment at Judge during his last 6 years on the that is a subsidiary of Halliburton— the way the Federal Government has U.S. District Court for the Southern represents the most blatant and improper responded or failed to respond. As a District of New York. contract abuse I have witnessed during the person who had the courage to be a By any reasonable or objective meas- course of my professional career. whistleblower, who saw something ure, Judge Mukasey is clearly qualified Do you know what happened to this wrong and decided to try to right it, as to lead the Justice Department. woman for that? She lost her job. That a person who stood up for the best in- I want also to draw attention to an is unbelievable, when you think about terests of this country and its tax- aspect of Judge Mukasey’s experience it. I talked to Secretary Rumsfeld payers, we owe him a debt of gratitude. and record that makes him particu- about this case. I talked to Secretary And yet we see today that what has larly qualified to lead the Justice De- Gates about this case. I talked to Dep- happened, systematically—the Associ- partment at this challenging time in uty Secretary England about this ated Press wrote a big article about our history. case—nothing. Oh, we are all looking this, exposing it. What has happened The U.S. District Court is divided at it, we are all investigating. They systematically under this administra- into 94 geographical districts. These have been doing that for 2 years. tion to whistleblowers is they are districts’ caseloads vary widely, re- I called the commanding officer of abused, not protected; not thanked, but flecting the characteristics, demo- the Army Corps of Engineers when abused. I would hope whoever in this graphics, and realities in those dis- Bunnatine Greenhouse was given this administration is responsible and lis- tricts. job. This is a woman with three mas- tening and understanding might decide The Southern District of New York, ter’s degrees, judged by everyone from that has to stop. where Judge Mukasey served for 19 outside the Government who deals with I will speak more at some point soon years and which he led for 6 years, is no contractors as outstanding, given out- about the results of this hearing. My different. standing references on her performance colleague Senator GRASSLEY from Iowa Serving in that key judicial district reviews all along, until somehow she I know has spent a lot of time on whis- led Judge Mukasey to confront the ter- got into a situation where she said: I tleblower issues, and other colleagues rorist threat to America long before saw things going on with sole-source have as well. It is very important for the 9/11 attacks. He presided over the contracting, awarding big contracts, us that when people come forward to prosecution of Omar Abdel Rahman billions of dollars of contracts and report acts of wrongdoing, fraud, and sentenced him to life in prison for doing it improperly, abusively. ‘‘I blew waste, abuse, that this country says his role in the 1993 plot to blow up the the whistle,’’ she said, and all of a sud- thank you and follows up and will not World Trade Center. den she got into trouble and they de- allow those people to be abused and pe- When the U.S. Court of Appeals for moted her. nalized. Yet, all too often, that has not the Second Circuit affirmed Judge I called her former commanding offi- been the case. It has to change. Mukasey’s decision, it took the un- cer, General Ballard, now retired. I I yield the floor and suggest the ab- usual step of commenting specifically called him at home one night and I sence of a quorum. on how he had handled the trial. The said: Tell me about Bunnatine Green- The PRESIDING OFFICER. The appeals court said Judge Mukasey house, because she has paid for her clerk will call the roll. ‘‘presided with extraordinary skill and courage to speak out with her career. The bill clerk proceeded to call the patience, assuring fairness to the pros- Here is what her boss said: ‘‘She did an roll. ecution and to each defendant and outstanding job.’’ This is an out- The PRESIDING OFFICER. The Sen- helpfulness to the jury. His was an out- standing employee. But because she ator from Utah. standing achievement in the face of had the courage as a whistleblower to Mr. HATCH. Mr. President, I ask challenges far beyond those normally stand up and report things that were unanimous consent that the order for endured by a trial judge.’’ wrong, abusive behavior, behavior that the quorum call be rescinded. That is a remarkable statement. Ap- abuses the American taxpayer, she paid The PRESIDING OFFICER. Without peals courts review lower court deci- for it with her job. objection, it is so ordered. sions, but very rarely do they comment We can’t let that continue to happen. Mr. HATCH. Mr. President, I ask in this manner on lower court judges. That is why I held this hearing. The unanimous consent that I be permitted That case occurred before the 9/11 best disinfectant for bad behavior is to speak, and then the Senator from terrorist attacks. sunlight, and I hope, as we continue to Alaska, Ms. MURKOWSKI, be able to Ten years later, after those attacks, expose more and more of this, I hope speak. Judge Mukasey ruled that the Presi- we can put an end to it. Those who The PRESIDING OFFICER. Without dent had authority to designate Jose have the courage to come forward and objection, it is so ordered. Padilla as an enemy combatant against report wrongdoing, to report waste and f the United States and that, even as an fraud and graft and corruption—in my enemy combatant, he must have access judgment, we ought to thank them. NOMINATIONS to his lawyers. Padilla was eventually There is a story, I don’t have a copy of Mr. HATCH. Mr. President, I want to convicted of providing material assist- it here, a story in the USA Today news- address my colleagues for just a few ance to terrorists. paper, written by an investigative re- minutes on the subject of nominations Legal analyst Benjamin Wittes wrote porter, that deals with these issues, the to the Department of Justice and to about this case in the journal Policy issues of oversight of contractors and the Federal judiciary. Review and said that Judge Mukasey’s the oversight of contracts that are let Our obligation is the same for each, decision was ‘‘the single most compel- with respect to the war in Iraq. What to focus on the qualifications of nomi- ling judicial opinion yet written on the

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.047 S21SEPT1 bajohnson on PRODPC61 with SENATE S11946 CONGRESSIONAL RECORD — SENATE September 21, 2007 due process rights of citizens held as Let me repeat, we must focus on a tory indicate that we are not doing our enemy combatants.’’ That is high nominee’s qualifications through a duty. praise indeed. process that respects the separation of President Bush has the lowest judi- This background and experience with powers. cial confirmation rate, overall, and for national security and terrorism cases It is a curious fact of recent Amer- appeals court judges in particular, of make Judge Mukasey especially quali- ican history that, like the situation any President during my three decades fied to lead the Department of Justice today, the last three Presidents each in this body. at this time in America’s history. faced a Senate controlled by the other Instead of making the confirmation The Justice Department is being re- political party during his last 2 years progress that we should, we see a series tooled and redirected in light of the in office. Two of those presidents were of steadily changing standards, what- war on terror, including creation of its Republicans, one was a Democrat. ever it takes to defeat the nominations new National Security Division. During those last 2 years of a Presi- of good men and women. Many of the issues in this area may dent’s tenure, the Senate confirmed an I have spoken here on the floor sev- begin with legislation, but end up in average of 91 judges, 74 to the U.S. Dis- eral times about the attack on Judge the courts. Having someone at the trict Court and 17 to the U.S. Court of Leslie Southwick, nominated to the helm with experience not only as a Appeals. U.S. Court of Appeals for the Fifth Cir- prosecutor but as a judge evaluating This is only one way of measuring cuit. these very issues will be invaluable. confirmation progress, and I realize Opponents urge his defeat on the In addition to these qualifications some may not care a bit about what basis of just two of the 7,000 cases in are important personal and character has happened in the past. But for those which he participated, on the basis of qualities which I believe we need in our who do, I simply offer this as a two concurring opinions he did not leaders. yardstick, a gauge of the progress we write—not because he applied the law A Federal judge’s law clerks probably are making today. incorrectly, but because the opponents know better than anyone how the The last 2 years of those previous do not like the result of him applying judge thinks, how he approaches the Presidents’ tenures are an obviously the law correctly. law, how he handles tough issues, and parallel measure for us today, since we That standard is wrong and I hope it how he treats others. are in the last 2 years of President does not succeed. I have here the Washington Post edi- I ask unanimous consent to have Bush’s tenure. torial from last month and I agree with printed in the RECORD a letter signed We are nearing the end of September its title. Judge Southwick is indeed by 43 of Judge Mukasey’s former law and have confirmed just three judges qualified to serve. clerks. this year to the U.S. Court of Appeals. The editorial says that while the The PRESIDING OFFICER. Without The last one was nearly 5 months ago. Post does not like the results in the objection, it is so ordered. At the same point in this same year two cases that opponents highlight, (See exhibit 1.) during those last three administra- they cannot find fault with Judge Mr. HATCH. This letter describes his tions, the Senate had confirmed an av- Southwick’s legitimate interpretation decisiveness and mastery of the law, as erage of six appeals court nominees, of the law. well as his fairness, humility, and com- twice as many. Judges are not supposed to deliver re- mitment to public service. Meanwhile, the vacancy rate on the sults that please this or that political We must evaluate Judge Mukasey’s U.S. Court of Appeals continues to rise, constituency. Judges are supposed to qualifications and character through a and is nearly 10 percent higher than correctly interpret and apply the law. process that respects the separation of when President Bush was reelected. Judge Southwick is committed to powers. By raising this issue, I run the risk of that judicial role and he should be con- The Constitution gives the President some talking about what they like to firmed. authority to appoint members of his call pocket filibusters of Clinton nomi- Now we see an attack on another Cabinet, including the Attorney Gen- nees. This cute but profoundly mis- nominee to the same court, Judge Jen- eral. While the Senate has a role in leading phrase is intended to suggest nifer Elrod. checking that authority, ours is not a that the Republican Senate blocked When the Judiciary Committee re- coequal role with the President, and we Clinton judicial nominees, the number ported her nomination to the floor yes- may not use our confirmation role to they use varies all the time, who all terday, one of my Democratic col- undermine the President’s appoint- could have been confirmed. leagues questioned her qualifications ment authority. I will say just two things about this for the position. Some of my colleagues may want to well-worn mantra. Judge Elrod, who currently serves on use these nominations to fight policy First, a certain number of nominees the State court trial bench in Texas, or political battles. Those fights are for of every President remain unconfirmed graduated cum laude from Harvard the legislative process or the oversight for a variety of reasons. Anyone who Law School and joined the State trial process, but not the confirmation proc- pretends otherwise is trying to mislead court bench after 8 years of private ess. the American people about how the practice. For a dozen years, she served Some of my colleagues have even confirmation process actually works. on the board and eventually chaired hinted that they may manipulate the Some Clinton nominees were with- the Gulf Coast Legal Foundation, one confirmation process for Judge drawn, others were opposed by home- of the largest legal aid organizations Mukasey in an attempt to force com- State Senators, others were nominated helping the poor in southeastern Texas. pliance by the Bush administration too late to be evaluated. Honestly tak- Judge Elrod has as much judicial ex- with certain demands on other issues. ing these and other factors into ac- perience as did Sandra Day O’Connor That kind of political extortion count shows that the margin of error when she was unanimously confirmed would be wrong. by these critics tops an astonishing 400 to the Supreme Court of United States. The Justice Department needs lead- percent. In fact, when you include Judge Elrod’s ership now, and Judge Michael The second response is simpler. 2 years clerking for U.S. District Judge Mukasey is qualified and ready for President Clinton appointed 377 Fed- Sim Lake, Judge Elrod has more judi- duty now. eral judges with a Senate controlled by cial experience, and more Federal During my 31 years in this body, we the other party for 6 of his 8 years in court experience, than did Justice have taken an average of 3 weeks to office. O’Connor. move an Attorney General nominee This is second only to President Rea- I voted for Justice O’Connor, I cer- from nomination to confirmation. gan’s 383 judicial appointees with a tainly believed she was qualified for There is no reason we cannot meet that Senate controlled by his own party for the Supreme Court, and I know that standard with the excellent and well- 6 of his 8 years in office. Judge Elrod is qualified for the Fifth qualified nominee now before us. We need to make more progress con- Circuit. The same two obligations apply to firming judicial nominees. The needs of But Democratic colleagues in the Ju- nominations to the Federal bench. the judiciary and the yardstick of his- diciary Committee also questioned

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.020 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11947 Judge Elrod’s fitness for the Fifth Cir- us the importance of modesty and humility, Clerk for Judge Mukasey, 2005–06; Emil A. cuit because of her race. One colleague for he recognized that with his position came Kleinhaus, Clerk for Judge Mukasey, 2002–03; said that we must consider the race of great responsibility that had to be exercised Ilissa Rothschild, Clerk for Judge Mukasey, 1987–88; Andrew A. Ruffino, Clerk for Judge sitting judges as well as judicial nomi- prudently and with care. All who appeared before him were treated with fairness and re- Mukasey, 1995–96; Sarah Russell, Clerk for nees as we proceed through the con- spect. And as Chief Judge of the district for Judge Mukasey, 2002–03; Hattie Ruttenberg, firmation process. six years, he managed one of the nation’s Clerk for Judge Mukasey, 1991–92; Eli The implications of this view are busiest and most respected courthouses, all Schulman, Clerk for Judge Mukasey, 1999–00; troubling, to say the least. This means the while attending to a full docket of cases. and Ian Shapiro, Clerk for Judge Mukasey, that no matter what a nominee’s quali- Because of the close relationship between 2000–01. fications, no matter what her experi- law clerk and judge, we came to know Judge Paul Spagnoletti, Clerk for Judge Mukasey not only as a jurist, but also as a Mukasey, 2001–01; Debra Squires-Lee, Clerk ence or background, no matter what for Judge Mukasey, 1996–97; Alisa Jancu she would bring to the bench, a nomi- person. The Judge is kind, caring, loyal, eth- ical, and modest, with a disarming wit and Kohn, Clerk for Judge Mukasey, 1994–95; and nee’s race can, and some apparently be- robust sense of humor. He was a wonderful David B. Toscano, Clerk for Judge Mukasey, lieve even should, trump her merit. teacher, sharing with us his insights into 1994. Appointing judges based on race is an life, law, and lawyering. Even after leaving Mr. HATCH. I personally thank my inappropriate standard that I cannot our clerkships, the Judge has joined in our colleague from Alaska for allowing me accept. significant life events and provided invalu- to go forth and to make these com- Like Judge Southwick, Judge Elrod able advice—from attending our weddings, to ments. I am grateful to her. has been nominated to a vacancy open visiting us following the births of our chil- I yield the floor. so long that the Administrative Office dren, to assisting us with career choices. He The PRESIDING OFFICER. The Sen- of the U.S. Courts has designated it a remains a true friend and mentor. ator from Alaska. Finally, Judge Mukasey is deeply patriotic judicial emergency. and has spent most of his career in public f Like Judge Southwick, Judge Elrod service, first as an Assistant United States IRAQ should be confirmed without further Attorney—a job he speaks of with great delay. pride even years later—and then as a judge. Ms. MURKOWSKI. Mr. President, we Evaluating nominees and deciding Notwithstanding the immense imposition on have had a very good, healthy debate whether to consent to their appoint- him and his family that resulted from the in the Senate this week on the subject ment is a unique and profound respon- terrorism cases over which he presided, the of the war in Iraq. Sometimes it has sibility of this body. As we examine the Judge proceeded without complaint or hesi- been more spirited than usual. At nomination of Judge Mukasey to be tation, seeing it as part of his duty to the times, it was spirited to the point country he loves. where some things were said that per- Attorney General or the nominations The President has now asked Judge of Judge Southwick and Judge Elrod to Mukasey to serve our country again, this haps did not further a good construc- the Fifth Circuit, I urge my colleagues time as Attorney General of the United tive debate but took the debate a little to focus on their qualifications. I urge States. We are certain that he will make an bit downhill. We in the Senate recog- my colleagues to fulfill our responsi- outstanding Attorney General. Judge nize it is our job to bring forward the bility through a process that respects Mukasey’s keen intelligence, independence issues, to discuss the very difficult con- the separation of powers. I urge my and judgment will bring to the country as a siderations that are before us as a Con- whole and to the Department of Justice in colleagues to reject inappropriate gress, but to always do it in a manner particular strong leadership and integrity. that reflects the level of civility a standards such as political litmus tests We urge you to confirm him as Attorney or race. General without delay. truly good discourse, a good debate Our judiciary is the best and most Sincerely, should bring. independent in the world, and I hope Steven M. Abramowitz, Clerk for Judge I had an opportunity a couple days we will preserve this tradition in our Mukasey, 1990–91; Laura Adams, Clerk for ago to speak with a general from my confirmation actions and decisions in Judge Mukasey, 1992–93; David Altschuler, home State. I asked him for his com- the weeks and months ahead. Clerk for Judge Mukasey, 2005–06; Elisabeth ments on what he was seeing as he was Bassin, Clerk for Judge Mukasey, 1989–90; EXHIBIT 1 watching our debate. He said: Senator, Matthew Beltramo, Clerk for Judge the debate has been good. The debate Hon. HARRY REID, Mukasey, 1997–98; Heana H. Kutler, Clerk for has been healthy. There clearly are dif- Majority Leader, U.S. Senate, Judge Mukasey, 1995–96; David Leinwand, Washington, DC. Clerk for Judge Mukasey, 1991–92; Justin D. ferent perspectives that are coming out Hon. PATRICK LEAHY, Lerer, Clerk for Judge Mukasey, 2002–03; on the floor, but through it all, no one Chairman, Committee on the Judiciary, U.S. Russell L. Lippman, Clerk for Judge has foresworn the soldier. He said: Senate, Washington, DC. Mukasey, 2001–02; and Nicole Mariani, Clerk That makes me feel good as an Amer- Hon. MITCH MCCONNELL, for Judge Mukasey, 2005–06. ican, certainly good as a military lead- Minority Leader, U.S. Senate, Babette Boliek, Clerk for Judge Mukasey, er. Washington, DC. 1998–99; William A. Braverman, Clerk for That is important to remember, that Hon. ARLEN SPECTER, Judge Mukasey, 1994–95; Gidon M. Caine, in the heat of debate, we not foreswear Ranking Member, Committee on the Judiciary, Clerk for Judge Mukasey, 1988–89; Andrew J. our military, that we always honor and U.S. Senate, Washington, DC. Ceresney, Clerk for Judge Mukasey, 1996–97; DEAR MAJORITY LEADER REID, MINORITY Daniel Park Chung, Clerk for Judge respect that which they do in such an LEADER MCCONNELL, CHAIRMAN LEAHY, and Mukasey, 2004–05; David Cross, Clerk for honorable way. RANKING MEMBER SPECTER: We served as law Judge Mukasey, 2003–04; Thomas Dahdouh, I personally want to thank Senator clerks for the Honorable Michael B. Clerk for Judge Mukasey, 1988–89; Inayat WEBB, the junior Senator from Vir- Mukasey, former Chief Judge of the United Delawala, Clerk for Judge Mukasey, 2004–05; ginia, for bringing forth an issue this States District Court for the Southern Dis- Anne Osborne Martinson, Clerk for Judge week. This was the amendment he in- trict of New York and the President’s nomi- Mukasey, 1990–91; and Zachary S. McGee, troduced that related to the amount of nee for Attorney General of the United Clerk for Judge Mukasey, 1997–98. dwell time, the amount of time de- States. Each of us had the privilege of work- Sanjay Mody, Clerk for Judge Mukasey, ployed versus the amount of time a ing closely with Judge Mukasey and observ- 2003–04; Shawn Morehead, Clerk for Judge ing this man of great intellect, integrity, Mukasey, 2000–01; Florence Pan, Clerk for serviceman stays at home. It was im- honor, and judgment. We write to express Judge Mukasey, 1993–94; Frank Partnoy, portant for us to focus on the support our enthusiastic support for Judge Clerk for Judge Mukasey, 1992–93; Mickey side of our military. We know that Mukasey’s nomination. Rathbun, Clerk for Judge Mukasey, 1987–88; those who are serving us over in Iraq Judge Mukasey’s reputation as a careful Katherine J. Roberts, Clerk for Judge and Afghanistan, and truly in all parts and wise jurist is well deserved. In each of Mukasey, 2001–02; Jenny C. Ellickson, Clerk of the world, where they are separated his cases, Judge Mukasey based his deci- for Judge Mukasey, 2003–04; Michael from their families, are at their best sions—always thoughtful, carefully crafted, Farbiarz, Clerk for Judge Mukasey, 1999–00; and serving us to their fullest when and well-reasoned—on the application of Jesse M. Furman, Clerk for Judge Mukasey, governing laws and legal principles to the 1998–99; and Bruce Goldner, Clerk for Judge they are able to focus on their job. facts. As a trial judge, he controlled the Mukasey, 1993–94. For those families who remain be- courtroom through his decisiveness and mas- Nola Breglio Heller, Clerk for Judge hind, who miss not having dad or mom tery of the rules of evidence. In the perform- Mukasey, 2004–05; Mary Holland, Clerk for at home or miss not having their hus- ance of his judicial duties, the Judge taught Judge Mukasey, 1989–90; Michael Jacobsohn, band or their wife with them, they

VerDate Aug 31 2005 01:40 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.022 S21SEPT1 bajohnson on PRODPC61 with SENATE S11948 CONGRESSIONAL RECORD — SENATE September 21, 2007 wish the circumstances were otherwise. miss you, we love you, we can’t wait to He said: I have a house. My house is But we know that the families who see you.’’ Those signs, some of them going to be kind of the welcome home, have stood behind our service men and clearly in children’s writing, abso- the party house, if you will, for all the women, allowing them to serve—it is lutely broke one’s heart because those single guys and all the guys whose these families, too, who are serving our signs were made with great anticipa- girlfriends have left them in the past country. We need to recognize the sac- tion and then put up on the fence. They year, for those guys whose wives are rifices those families also make. They were not going to be seeing dad that not going to be here. may not be on the front lines, but next day or that next week. They were He got very serious in that conversa- there is no shortage of worry and con- not going to be seeing their husband as tion. cern and true anxiety over the health a consequence of the extension. As a I said: Do you have a lot of those men and safety of their loved ones. We put consequence of that extension, there who have come home to find that their our military families through a great were a few who never came home at all. relationships are no longer intact? deal of stress at a time of war particu- This was a difficult situation, of He said: Yes, it is an unfortunate larly. course, for the families, for the sol- part. But we have been gone for a long Just as we can never adequately tell diers. It certainly brought me much time. our service men and women thank you closer to many of those military fami- He was a young man who was single. enough, neither can we say thank you lies. It caused me to set in mind a sin- But that, too, pulls at your heart, to enough to the families who provide gular goal: that we were going to bring know that you come home after serv- that support. I thank Senator WEBB for the 172nd Stryker Brigade Combat ing your country and the relationship reminding us of the obligation we owe Team home without any further exten- you had worked so hard to build prior to the military families themselves. sion. This was tough enough, this 120- to your departure is now no longer We all have our own stories of the ex- day extension, but we were going to there. changes we have had with the military make sure there was no further exten- The extension of the 172nd made me families in our respective States. A sit- sion. angry at that time, very angry, very uation that is very clear in my mind, To the Army’s credit, they stepped frustrated—and not necessarily be- even well over a year later, was an in- up to the plate. They brought a very cause our soldiers were extended. We cident that happened in July 2006. This extensive menu of family support serv- know that it is the soldiers’ creed that was, specifically, July 27 in Fort Wain- ices that we had never seen before. you put your mission before yourself. wright, AK, near Fairbanks, where it The Fairbanks community, which You never quit. was publicly announced that the men has always been extremely welcoming, But I was upset because our soldiers and women of the 172nd Stryker Bri- loving toward our military—gave an and our families were forced to endure gade Combat Team were going to be ex- outpouring of support. They truly went an abrupt reversal of what they had tended in Iraq for 120 days. There was above and beyond. been promised. They had been prom- some uncertainty as to whether it was The other thing we saw at that time ised: You are going to be home in a just 120 days or whether it would go was the strength of the family readi- year, and they were not back in a year. even beyond. This Stryker Brigade had ness groups, the women, the wives who Their families had been promised: You been serving very admirably, honor- had for a year been holding everybody have to wait this long, but it turned ably in a difficult part of Iraq and had together, encouraging the younger out not to be true. been there for a year. This decision lit- wives who had never gone through de- I have young kids. The Presiding Of- erally pulled the rug out from under ployment. There was a great deal of ca- ficer has young children. The Presiding the families and the community in maraderie, a great deal of support. The Officer knows how children wait for Fairbanks. It was a surprise, a shock to support from those family readiness something, whether it is a holiday or the servicemembers and their families. groups helped them get through the ad- school to start or school to end. They At the time that extension was an- ditional 120 days. put it on the calendar, and they count nounced, some elements of the 172nd In December of last year, the 172nd the days down. When the calendar has had already returned home. They were Stryker Brigade Combat Team came run out and that much-anticipated epi- back in Alaska. There were airplanes home. There was no further extension. sode is supposed to happen and it does that were transporting other elements They were able to be home for Christ- not happen, the disappointment of the back home that literally turned around mas. They were able to return because child is very difficult. It is difficult as in midair when they got the notice of another unit that was ready to go an adult to bear it, but we see what our the extension. Soldiers who had re- broke dwell and went over early to re- children go through with extensions mained behind in Iraq were packing up lieve the 172nd. That speaks volumes like this. It does make you angry that the unit. They had heard the rumors about the sacrifices the men and the we failed to keep our promise. that they might be extended. Unfortu- women of our military and their mili- Now, I have had many opportunities nately, they heard it from their family tary families make every day sup- to meet with the spouses of those who members back in Fairbanks, who had porting our Nation and supporting each are serving, both men and women. I heard it on the news and then con- other. have had an opportunity to meet with tacted their loved ones over in Iraq. I was at Fort Wainwright in Decem- the family readiness groups. I think They made some very difficult phone ber when the returning soldiers were probably the most difficult meeting of calls confirming that, in fact, the ru- arriving. I spent one afternoon greeting any I have had with family members mors were true. planeload after planeload of soldiers. was a sitdown, literally a sitdown on This was an absolutely unacceptable We were in a hangar where they were the floor of a classroom at an elemen- situation. It is one thing to be prepared checking in weapons and awaiting tary school on post. Children of the de- for an extension. It is one thing to transport to greet the families. These ployed military men and women got to- know this is your commitment. But soldiers, from the junior enlisted up to gether for a counseling session with when your family is anxiously awaiting the rank of colonel, were extremely the school counselor. I was touring the you, when you are anxiously awaiting positive about the work in Iraq. They school at the time and was able to your return after a year’s service in told me, absolutely, they were making meet with the kids and sit down in a combat, it was horrible for the fami- a difference. They were tired after 16 circle as they were drawing cards to lies. months of combat. They were abso- send to their mostly dads over in Iraq— I was in Fort Wainwright a couple lutely elated to be home. They were there were a couple over in Afghani- days after the announcement of the ex- very proud of themselves, of their col- stan—and to talk to these children tension. At the front gate of the post leagues, as we were proud of them. about their life with their parent gone, they have a chain-link fence that goes As I was standing in line, there was and gone for a long time in a child’s for a mile or so. In anticipation of the one young man from North Pole, AK, eyes. return of their loved ones, families had which is not too far from Fort Wain- I talked to one little girl. She was 11 pulled together the homemade banners wright. I said: So you are home. What years old. Her dad has been deployed saying, ‘‘Welcome home, Daddy. We are you going to be doing? seven times. Now, I did not ask her how

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.049 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11949 long each of those deployments was be- Tell us what the implications of this to provide for our soldiers as they are cause when you are 11 years old, seven policy are. serving us. That is important to re- deployments is a lot of time out of a I sat down with one general who hap- member. young girl’s life. We have to remember pens to be an Alaskan by choice, Gen- Supporting the troops, supporting not only—not only—what is happening eral Lovelace. He served several tours their families means, first and fore- in the military fight, not only what is over at Fort Richardson and also with most, we want to bring our troops happening on the streets of Baghdad, the Alaska Command at Elmendorf Air home alive. We know military medi- but we need to always keep in mind Force Base which is where I had known cine is doing its part to treat those what our military families are doing in him previously. General Lovelace and who have been injured, treating them their service to support their loved General Hamm described the con- in an expeditious manner. We are sav- ones who are serving us. So these were sequences our troops on the ground ing lives in Iraq today that would have the considerations which were on my would face if the amendment before us been lost in Vietnam. That is a credit mind and wrestling with when we took at that time had been adopted. They to so many. But still, the best way to up the Webb amendment this week. mentioned a shortage of people to pro- come home alive is not to be injured at It is important for people to under- tect our troops from the IEDs, the im- all. stand the U.S. Army has a policy that provised explosive devices. They talked This is what I had to come to grips one-to-one dwell time—in other words, about a shortage of truck drivers and with this week as we were debating 1 day deployed, 1 day home—one-to-one mechanics, a shortage of infantry, this issue—whether adoption of an in- flexible policy that might tie the hands dwell time is the minimum acceptable quite possibly a shortage of senior non- of our military leaders, whether that dwell. This is not only to allow soldiers commissioned officers and midcareer would mean there are fewer people who the opportunity to reset but also to officers, greater reliance on Reserve would be watching the backs of the meet the training and force structure and Guard than is presently con- service men and women on the battle- needs. It is the minimum necessary to templated, and possibly further exten- field. balance reliance on the use of the Ac- sions of units that are presently in the- I do believe our current dwell policy tive and the Reserve Forces. ater. must be revisited. For this time, for I keep saying this is the minimum I thought about all of those, and 2007 and 2008, what we have in place, time. It is not an ideal period. The while I do not know that all of them the 15 months that have been accepted Army would actually prefer to adhere would have come true if we had adopt- for this 12-month dwell period, it is not to its existing policy of 1 year in com- ed the Webb amendment this week, it a perfect solution at all. I do not like bat, 2 years out for the Active Forces. concerned me greatly to think that it. I do not think our military leaders But the Army knows it cannot comply through implementation of this amend- like it. They would prefer we were in a with its existing policy and meet the ment you could have the further exten- better place so we could provide for demands of staffing our efforts abroad. sion of the units that are presently in that equal dwell time. So I think it is The Army discovered it could not com- Iraq, operating under an understanding important that even though the Webb ply as soon as this policy was an- they will be home by X date, and their amendment is no longer before us—it nounced. family is operating under that similar did not achieve the 60 votes—that we When you think about that, you say: assumption. That caused me great con- do not just kind of move on now, go to What does this say? What does this cern. another aspect, and say the issue of mean as far as our level of prepared- I made contact with the general who dwell time is not important to us, is ness? Being prepared for war is not just had been at Fort Wainwright at the not important to those who are serving making sure you have equipment you time the 172nd had been extended. He is and their military families who are need. You have to have that human now the general at Fort Lewis with providing that support back home. equipment. When we talk about reset- that Stryker Brigade unit. I asked him: It has been suggested we could revise ting our equipment, we also need to be Walk me through the implications. this policy as early as next year with- talking about resetting the human— What would it have meant to the out causing this chaos which has been the mind, the body, the spirit, and the 172nd? What can it mean to your bri- described by some of the generals. It is attitude. gade at Fort Lewis? He reiterated sev- something we should be looking at. So when the Webb amendment was eral of the things I had learned in my When we think about how we support before us, I reviewed it very carefully. conversations with General Lovelace those who are serving us, we have to Contrary to some of the assertions and General Hamm. He also spoke to remember it is unfair to our service made by some on this floor that I was the strength of support that comes men and our service women—who have strong-armed by the administration, from the family readiness units that already encountered personnel policies that was not my situation. I sought out operate as a unit. that turn on a dime, with multiple de- individuals whose judgment I trust. I One of the concerns that an inflexible ployments and extensions—to endure did talk with several generals to under- policy would bring is you would—in safety risks that directly flow from an stand the implications of the policy order to get some of these specialists I inflexible policy that keeps qualified that was suggested—an inflexible pol- referred to, either additional infantry- and competent people off the battle- icy, a policy that says it will be a one- men or additional mechanics, in cer- field. I said—and I will repeat—the cur- to-one dwell time but without any tain areas or those who are skilled rent rotation may not be ideal. I don’t flexibility. with the IEDs, disabling them—in think it is ideal. The military needs to I was concerned that in an effort to order to make sure you have enough on be honest about not pushing people make sure this administration is pay- the ground, you would have to be who are not fit for the battlefield into ing attention to the military families, plucking from different units. combat, and it needs to be honest in making sure we are giving the time we I thought back to what we learned compensating people who have suffered need to reset the soldier, that we were there at Fort Wainwright. The thing debilitating mental health conditions not locking ourselves into something that held those families together when and not take the easy way out of dis- that ties the hands of our generals, ties they learned their husband, their charging based upon personality dis- the hands of our military planners, brother, their son was not going to be orders. and, as a consequence, yields unin- coming home and instead was going to The military needs to address these tended consequences that could pos- be extended another 120 days was the issues on an individual basis, and the sibly further jeopardize the safety and strength of that family readiness core Senate should hold them to it. We the security of those who are serving unit. It had held everybody together. know the current rotation policy may us in Iraq. If you separate those within the unit, very well cause some individuals to I did have an opportunity to meet you lose some of the strength and sup- leave the service prematurely, but it with two of the senior military leaders. port because one of the families that will also cause others to step up and The senior Senator from Virginia had had been a key member of that team say: I have a great deal more to give, arranged for a meeting for several of us has now been pulled to another unit. and I am not going to abandon my who had questions about this issue: You lose some of the strength we have buddy.

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.051 S21SEPT1 bajohnson on PRODPC61 with SENATE S11950 CONGRESSIONAL RECORD — SENATE September 21, 2007 When the Nation goes to war, we CONDOLENCES ARE NOT ENOUGH esses transactions made by registered deal- promise each and every individual on Mr. LEVIN. Mr. President, in the ers at gun shows. The practice should be ex- panded to all sales. the battlefield that they will have the aftermath of the Virginia Tech mas- best support this Nation can muster. sacre, Virginia Governor Tim Kaine Virginia should also provide an enhanced When we take people who are capable commissioned a panel of experts to penalty for guns sold without a background of performing off the battlefield, we conduct an independent review of the check and later used in a crime. have the potential to jeopardize the tragedy and make recommendations VI–3 Anyone found to be a danger to them- safety of those who remain. regarding improvements to Virginia’s selves or others by a court-ordered review The Presiding Officer was not here laws, policies and procedures. Late last should be entered in the Central Criminal when I began my remarks, and I began month, the Virginia Tech Review Panel Records Exchange database regardless of whether they voluntarily agreed to treat- those remarks by acknowledging what released its report. ment. Some people examined for a mental the Presiding Officer, the Senator from The panel was given the difficult illness and found to be a potential threat to Virginia, has done in focusing the Sen- task of reviewing the events, assessing themselves or others are given the choice of ate’s attention on the families of those the actions taken and not taken, iden- agreeing to mental treatment voluntarily to who serve. I greatly appreciate that. I tifying the lessons learned, and pro- avoid being ordered by the courts to be also appreciate the level of debate, the posing alternatives for the future. This treated involuntarily. That does not appear level of concern, and the level of gen- included a detailed review of Seung Hui on their records, and they are free to pur- uine caring to make sure our policies Cho’s background and interactions chase guns. Some highly respected people do right by those who serve this coun- with the mental health and legal sys- knowledgeable about the interaction of men- tally ill people with the mental health sys- try, not only on the battlefield but for tems, as well as the circumstances sur- rounding his gun purchases. Addition- tem are strongly opposed to requiring vol- those who are serving at home. I don’t untary treatment to be entered on the record believe that debate or this discussion is ally, they assessed the emergency re- and be sent to a state database. over by any stretch of the imagination, sponses by law enforcement officials, university officials, medical examiners, Their concern is that it might reduce the but as we continue to debate the direc- incentive to seek treatment voluntarily, hospital care providers and the medical tion of this war, we should always which has many advantages to the individ- make sure we are recognizing all who examiner. Finally, the panel reviewed uals (e.g., less time in hospital, less stigma, are serving. the university’s approach to helping less cost) and to the legal and medical per- I want to take just a very brief mo- families, survivors, students and staff sonnel involved (e.g., less time, less paper- ment, as I have had an opportunity to as they deal with the mental trauma work, less cost). However, there still are join with my colleague, Senator CASEY incurred by the tragedy. powerful incentives to take the voluntary from Pennsylvania, in introducing an Among other things, the report path, such as a shorter stay in a hospital and points to weak enforcement of and gaps not having a record of mandatory treatment. amendment to the Department of De- It does not seem logical to the panel to allow fense Authorization Act. This amend- in regulations regarding the purchase of guns, as well as holes in State and someone found to be dangerous to be able to ment calls for a civilian and diplomatic purchase a firearm. Federal privacy laws. It talks about surge in Iraq. We spend a lot of time VI–4 The existing attorney general’s opin- talking on this floor about the military the critical need for improved back- ground checks and the inherent danger ion regarding the authority of universities component, what our force strength is, and colleges to ban guns on campus should the relative success or failures in cer- the presence of firearms can present on be clarified immediately. The universities in tain parts of Iraq. There has been a lot college campuses. Tragically, many Virginia have received or developed various of focus on that aspect of the war. Yet proponents of gun safety legislation interpretations of the law. The Common- as we talk to our military leaders, we have previously unsuccessfully at- wealth’s attorney general has provided some hear from them that it is not a mili- tempted to enact the very improve- guidance to universities, but additional clar- ity is needed from the attorney general or tary solution alone. There must be a ments recommended in the panel’s re- port. The tragedy at Virginia Tech un- from state legislation regarding guns at uni- political resolve as well, and that polit- versities and colleges. ical resolve must come about through derscores the need to strengthen gun VI–5 The Virginia General Assembly diplomatic channels and resources and safety laws. I urge Congress to wait no longer in taking up and passing sen- should adopt legislation in the 2008 session truly on the civilian side. clearly establishing the right of every insti- When General Petraeus was before sible gun legislation. I ask unanimous consent to include tution of higher education in the Common- the Foreign Relations Committee a wealth to regulate the possession of firearms the Virginia Tech Review Panel’s pri- week or so ago, I asked him at that on campus if it so desires. The panel rec- mary recommendations regarding fire- time if he believed the civilian surge ommends that guns be banned on campus arm laws in the RECORD. was adequate; did he have the assist- grounds and in buildings unless mandated by law. ance he needed to do the job, to com- VI–1 All states should report information necessary to conduct federal background plete the task. He said certain ele- VI–6 Universities and colleges should make checks on gun purchases. There should be clear in their literature what their policy is ments of our Government are at war, federal incentives to ensure compliance. This but not all of the others. We can use regarding weapons on campus. Prospective should apply to states whose requirements students and their parents, as well as univer- help in those areas, whether it is the are different from federal law. States should sity staff, should know the policy related to Ministry of Agriculture or Treasury. become fully compliant with federal law that concealed weapons so they can decide wheth- There are areas that can be identified. disqualifies persons from purchasing or pos- er they prefer an armed or arms-free learn- So I have joined with Senator CASEY in sessing firearms who have been found by a ing environment. calling for an equal push on the diplo- court or other lawful authority to be a dan- ger to themselves or others as a result of matic front and on the civilian side. mental illness. Reporting of such informa- f There is more that we can do and more tion should include not just those who are that we should do so we are able to see disqualified because they have been found to JUDGE MICHAEL B. MUKASEY the progress that all of us wish to see be dangerous, but all other categories of dis- in the war in Iraq. qualification as well. In a society divided on Mr. KYL. Mr. President, I rise in sup- Mr. President, I yield the floor and many gun control issues, laws that specify port of the nomination of Judge Mi- suggest the absence of a quorum. who is prohibited from owning a firearm chael B. Mukasey to become the Na- stand as examples of broad agreement and tion’ s 81st Attorney General. The PRESIDING OFFICER (Mr. should be enforced. WEBB). The clerk will call the roll. VI–2 Virginia should require background Judge Mukasey has devoted more The assistant legislative clerk pro- checks for all firearms sales, including those than 22 years to public service, 4 as a ceeded to call the roll. at gun shows. In an age of widespread infor- Federal prosecutor and more than 18 as Mr. CASEY. Mr. President, I ask mation technology, it should not be too dif- a Federal district court judge for the ficult for anyone, including private sellers, unanimous consent that the order for to contact the Virginia Firearms Trans- Southern District of New York, one of the quorum call be rescinded. action Program for a background check that the most prominent Federal district The PRESIDING OFFICER. Without usually only takes minutes before transfer- courts in the United States. For 6 years objection, it is so ordered. ring a firearm. The program already proc- he was the chief judge.

VerDate Aug 31 2005 01:40 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.053 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11951 During his tenure on the bench, confirmed, on average, in approxi- stance of the Rails-to-Trails program Judge Mukasey handled some of the mately 3 weeks, with some being con- and is supported on a bipartisan basis. most challenging cases in recent his- firmed even more quickly. The Senate I urge my colleagues to agree to its tory. In 1995, he presided over the ter- should immediately move to consider passage. rorism trial of the ‘‘blind Sheik’’ Omar Judge Mukasey’s nomination and con- f Abdel Rahman and nine other defend- firm him before Columbus Day. INTERNATIONAL DAY OF PEACE ants accused of plotting terrorist at- The Justice Department needs an At- tacks on various sites in New York torney General with the foresight, ex- Mr. HARKIN. Mr. President, I want City. Rahman was also one of the ter- perience, and resolve to lead the Na- to take some time to remind our col- rorist masterminds of the 1993 World tion’s top law enforcement agency and leagues, and indeed all Americans, that Trade Center bombing. tackle the difficult challenges pre- today, September 21, 2007, is the Inter- While presiding over the case of Jose sented by the post–9/11 world. I believe national Day of Peace. The United Na- Padilla—an American citizen who was the qualities and background of Judge tions and its member states unani- later convicted of, among other things, Michael Mukasey, combined with his mously established an International conspiring to provide material support extensive experience in national secu- Day of Peace in 1981. However it was to al-Qaida—Mukasey issued key rul- rity and terrorism cases, commends not until 2001 that September 21 was ings that helped set judicial precedent him to serve as attorney general in agreed to as the permanent date. Ac- in the war against terrorists. And in these troubled times. cording to the U.N. resolution, the the wake of September 11, 2001, he pre- International Day of Peace should be f sided over the difficult litigation of devoted to commemorating and World Trade Center—related insurance TRAILS ACT TECHNICAL strengthening the ideals of peace both claims. CORRECTION ACT within and among all nations and peo- During these cases and throughout Mr. BOND. Mr. President, today I ples. I applaud Governor Chet Culver his career, Judge Mukasey’s knowl- rise with my colleague from Missouri, for his proclamation affirming Iowa’s edge, integrity, and consummate fair- Senator CLAIRE MCCASKILL, to correct observance of International Peace Day. ness have won him the respect of his a small but important injustice in the And, at this time, I would like to do colleagues, the attorneys who appeared National Trails System Act. The Trails my own part to mark this day, espe- before him, and many others. In its Act Technical Correction Act of 2007 is cially on the behalf of the many Iowans opinion upholding the verdicts in the a Senate companion to a bipartisan who are committed to the ideals of 1995 terrorism case, the U.S. Court of House bill sponsored by Representa- peace. Unfortunately, this may be Inter- Appeals for the Second Circuit in an tives CARNAHAN, AKIN, CLAY, EMERSON, national Peace Day, but this is hardly unusual public commendation praised and GRAVES. Our bipartisan bill will Mukasey’ s ‘‘extraordinary skill and ensure that property owners are com- a day of peace. The United States is in the fifth year of a devastating war in patience, assuring fairness to the pros- pensated for land taken from them as Iraq, a war of choice that was launched ecution and to each defendant and Congress intended. helpfulness to the jury.’’ The court In 1992, the Federal Government con- preemptively by the current U.S. ad- added, ‘‘[h]is was an outstanding fiscated property owned by 102 St. ministration. The Middle East is achievement in the face of challenges Louis County residents through the marked by conflict and bloodshed from far beyond those normally endured by Federal Rails-to-Trails Act. The taking Lebanon to Israel to the Palestinian territories to Iraq and Afghanistan. a trial judge.’’ imposed an easement on their property The genocide in Darfur continues to Judge Mukasey’s career has been for a public recreational hiking/biking rage. Militias continue to prey on inno- characterized by his commitment to trail. A trail easement was established cent women in Eastern Congo. In Gua- upholding the rule of law. He has never on their property on December 20, 1992. temala, there is an increase in violence served in a political role, and his nomi- After 12 years of bureaucratic fighting against women and against those fight- nation should be considered above the and delay, the Justice Department ad- ing for the rights of the indigenous partisan fray. mitted the government’s takings li- According to the Justice Depart- population as a result of the most re- ability and agreed to pay the property ment’s mission statement, the Attor- cent elections. HIV/AIDS continues to owners a total of $2,385,000.85 for their ney General’s first allegiance should be ravage the continent of Africa. Mil- to ‘‘the fair and impartial administra- property, interest and legal fees. lions of children are forced to work in However, 2 days before the U.S. Court tion of justice for all Americans,’’ not abusive conditions—in many cases, as of Claims was scheduled to approve the to any individual or political party. In- outright slaves—and are denied an edu- agreement, the Federal circuit issued deed, Judge Mukasey’s reputation for cation. the Caldwell decision regarding a fairness and impartiality is so well- Historically, the mixture of strength known and respected that the senior Rails-to-Trails takings case in Georgia. and a preference for peaceful relations That decision interpreted the statute Senator from New York, Senator SCHU- with the rest of the world is what has of limitations for a taking in this pro- MER, even recommended him to be a given the United States its moral Supreme Court justice. gram as beginning with a notice of in- standing. In the past, it was our will- It is unfortunate, however, that de- terim trail use, not the commonly un- ingness to come to the aid of those who spite the nonpolitical character of derstood later date the trail easement could not defend themselves, and a Mukasey’s nomination, some Demo- was legally imposed on the property. commitment to resolving conflicts crats may attempt to hold his nomina- Under the new date, the statute of lim- peacefully, if at all possible, that made tion hostage in exchange for docu- itations on the St. Louis County us the beacon of hope for a better ments related to the firing of U.S. at- takings claim had expired. The Justice world. torneys. Leaving aside the fact that Department accordingly sought dis- But a true commitment to peace is Congress has no right to these docu- missal of the claims without payment not measured by a proclamation or by ments, which are covered by executive and the court of claims judge agreed. high-minded speeches on one day of the privilege, Judge Mukasey’s nomination Our bill clarifies in statute that the year. It takes more than good inten- has nothing to do with the firing of statute of limitations for a takings tions and high ideals. What it takes is these U.S. attorneys. claim under the Trails Act begins on the hard work of diplomacy, people-to- The President has nominated a dis- the date an interest is conveyed and al- people exchanges, and active, assertive tinguished and nonpolitical candidate. lows for reconsideration of past claims peace movements in each country. It The Senate should reciprocate by using dismissed because of this issue. This takes a sustained effort to understand the confirmation process not to settle technical clarification—the takings our adversaries and, if at all possible, old scores or politicize the nomination, statute of limitations starts upon the to resolve our differences peacefully. but to examine the qualifications of taking—makes the most sense. It also I have long been committed to find- the nominee fairly. corrects a past injustice that deprived ing peaceful solutions to conflicts. Since the Carter administration, at- landowners of their rightful compensa- That is why I was present at the cre- torney general nominees have been tion. It makes no change to the sub- ation of the U.S. Institute of Peace.

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.023 S21SEPT1 bajohnson on PRODPC61 with SENATE S11952 CONGRESSIONAL RECORD — SENATE September 21, 2007 Throughout our long history, America thony, Idaho, without the well-known I am pleased to acknowledge the has been proud of its strong, well-led danger posed by the hand-crank. great achievement of these men and military. And this outstanding mili- Thomas Ray Hamer, a Representa- women of the Marine Corps Logistics tary leadership is no accident. It is pos- tive in Idaho’s state legislature in 1896, Command’s Maintenance Center who sible because we maintain prestigious, was an attorney and a farmer. He also provide support for our men and world-class military academies that served in the military, in the First women fighting the global war on ter- train some of the best and brightest Regiment, Idaho Volunteer Infantry ror.∑ minds in America in the art and and as a captain and lieutenant colonel f science of war. But Americans also in the Philippines. He also served as an have a long history as a peace-loving associate justice of the Supreme Court MESSAGE FROM THE PRESIDENT people. Time and again, we have bro- of the Philippine Islands. During World A message from the President of the kered peace agreements between war- War I, he served as a judge advocate United States was communicated to ring nations, and we have intervened to general. He spent his later years prac- the Senate by Mr. Williams, one of his head off potential conflicts. The Insti- ticing law in St. Anthony and Boise, secretaries. tute of Peace draws on this proud tra- ID, and Portland, OR. dition, and today makes a vital intel- It gives me great pleasure to recog- f lectual investment in the art and nize Charles F. Kettering’s significant science of peacemaking. contribution to Idaho history and EXECUTIVE MESSAGE REFERRED I look forward to a time, hopefully Idaho agriculture. Were it not for As in executive session the Presiding not too far in the future, that will Kettering’s willingness to help a friend Officer laid before the Senate a mes- truly be a day of peace. But let us re- and his creative ingenuity, a great Ida- sage from the President of the United member that peace is not merely the hoan may not have gone on to a second States submitting a nomination which cessation or absence of hostilities. The successful military career and secured was referred to the Committee on the ideals of peace require us to practice his place in Idaho history. Charles Ket- Judiciary. understanding, tolerance, and honor- tering—at his death, coholder of more (The nomination received today is able compromise. The ideals of peace than 140 patents and possessing hon- printed at the end of the Senate pro- require us to look upon our fellow orary doctorates from nearly 30 univer- ceedings.) human beings and to see them as our sities lived by his own words: ‘‘With f brothers and sisters. The ideals of willing hands and open minds, the fu- peace require us to reject unprovoked ture will be greater than the most fan- REPORTS OF COMMITTEES aggression and violence as acceptable tastic story you can write.’’ The following reports of committees instruments of national policy. Kettering’s ‘‘willing hands’’ left their were submitted: On this International Day of Peace, I unmistakable handprint on the fields salute the many good people in Iowa, of my State of Idaho.∑ By Mr. LEAHY, from the Committee on the Judiciary, without amendment: across America, and around the world f S. 2084. An original bill to promote school who devote themselves 365 days a year CONGRATULATING THE GEORGIA safety, improved law enforcement, and for to the cause of peace and nonviolence. LOGISTICS COMMAND other purposes (Rept. No. 110–183). The world is a better place because of their activism and engagement, and be- ∑ Mr. ISAKSON. Mr. President, today I f congratulate in the RECORD the men cause they summon us to what Lincoln INTRODUCTION OF BILLS AND called the better angels of our nature. and women who serve at the Marine Corps Logistics Command’s Mainte- JOINT RESOLUTIONS f nance Center in Albany, GA, for being The following bills and joint resolu- ADDITIONAL STATEMENTS selected for the second time to receive tions were introduced, read the first the Robert T. Mason Depot Mainte- and second times by unanimous con- nance Excellence Award. sent, and referred as indicated: TO THE CHARLES F. KETTERING The Robert T. Mason Depot Mainte- By Mr. CARPER (for himself and Mr. MUSEUM nance Excellence Award is named for SUNUNU): ∑ Mr. CRAPO. Mr. President, in 1916, the former Assistant Deputy Secretary S. 2083. A bill to require any Federal or history records a number of momen- of Defense of Maintenance Policy, Pro- State court to recognize any notarization tous events, events that changed the grams and Resources who was a cham- made by a notary public licensed by a State course of our world. President Wood- pion of organic depot maintenance for other than the State where the court is lo- cated when such notarization occurs in or af- row Wilson was elected to a second three decades. fects interstate commerce; to the Committee term. World War I was ramping up: In 2005, the Marine Corps Logistics on the Judiciary. Germany and Austria declared war on Command’s Maintenance Center in Al- By Mr. LEAHY: Portugal in March; Romania declared bany, GA, was the inaugural winner of S. 2084. An original bill to promote school war on Austria in August; Italy de- this award for Depot Maintenance Ex- safety, improved law enforcement, and for clared war on Germany that same cellence. That year’s recipient was the other purposes; from the Committee on the month; and Germany, Turkey, and Bul- Design and Manufacture Vehicle Armor Judiciary; placed on the calendar. garia declared war on Romania. Protective Kits Program of the Mainte- By Mr. BROWN (for himself and Mr. VOINOVICH): Pancho Villa invaded New Mexico, and nance Center in Albany, Georgia, for S. 2085. A bill to delay for 6 months the re- the United States responded by sending its support of the Global War on Ter- quirement to use of tamper-resistant pre- troops under General John J. Pershing ror. This program provided protective scription pads under the Medicaid program; into Mexico. It is said that total miles armor kits for U.S. Marine Corps com- to the Committee on Finance. of U.S. railroad trackage reached its bat vehicles, allowing the Marines to f historic peak. be a more effective fight force and had That same year, something equally a direct impact on their safety and mo- SUBMISSION OF CONCURRENT AND revolutionary occurred that contrib- rale. SENATE RESOLUTIONS uted to a significant change in the way This year, the award went to the The following concurrent resolutions farming was done in Idaho. In the fall Dedicated Design and Prototype Effort and Senate resolutions were read, and of 1916, inventor, philosopher and engi- Team of the Maintenance Center in Al- referred (or acted upon), as indicated: neer Charles F. Kettering from bany, Georgia. They provide excep- Centerville, OH, designed a self-starter tional and responsive maintenance sup- By Mr. ISAKSON (for himself, Mr. for the Massey-Harris tractor. He did port by demonstrating the ability to be COCHRAN, Mr. VOINOVICH, and Mr. SALAZAR): this for Thomas Lyon Hamer, a fellow responsive, resourceful, agile and cre- S. Res. 325. A resolution supporting efforts Ohioan, so that Hamer’s nephew, ative by designing and prototyping to increase childhood cancer awareness, Thomas Ray Hamer, could operate the multiple systems in support of Oper- treatment, and research; to the Committee tractor and farm his land in St. An- ation Iraqi Freedom. on Health, Education, Labor, and Pensions.

VerDate Aug 31 2005 01:40 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.010 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11953 ADDITIONAL COSPONSORS amend the Public Health Service Act (Mr. BOND) was added as a cosponsor of S. 45 to provide the establishment of an S. 1995, a bill to amend the Internal Amyotrophic Lateral Sclerosis Reg- Revenue Code of 1986 to reduce the tax At the request of Mr. ENSIGN, the name of the Senator from South Da- istry. on beer to its pre-1991 level. kota (Mr. JOHNSON) was added as a co- S. 1445 S. 2051 sponsor of S. 45, a bill to amend title At the request of Mrs. HUTCHISON, the At the request of Mr. CONRAD, the XVIII of the Social Security Act to name of the Senator from Mississippi name of the Senator from Kansas (Mr. make a technical correction in the def- (Mr. COCHRAN) was added as a cospon- ROBERTS) was added as a cosponsor of inition of outpatient speech-language sor of S. 1445, a bill to amend the Pub- S. 2051, a bill to amend the small rural pathology services. lic Health Service Act to direct the school achievement program and the Secretary of Health and Human Serv- S. 65 rural and low-income school program ices to establish, promote, and support At the request of Mr. INHOFE, the under part B of title VI of the Elemen- a comprehensive prevention, research, name of the Senator from Arkansas tary and Secondary Education Act of and medical management referral pro- (Mr. PRYOR) was added as a cosponsor 1965. gram for hepatitis C virus infection. of S. 65, a bill to modify the age-60 S. 2054 standard for certain pilots and for S. 1589 At the request of Mrs. CLINTON, the other purposes. At the request of Mr. ISAKSON, his name of the Senator from New York name was withdrawn as a cosponsor of S. 458 (Mr. SCHUMER) was added as a cospon- S. 1589, a bill to amend title XIX of the At the request of Mrs. LINCOLN, the sor of S. 2054, a bill to authorize the Social Security Act to reduce the costs name of the Senator from Wyoming Secretary of Housing and Urban Devel- of prescription drugs for enrollees of (Mr. BARRASSO) was added as a cospon- opment to make grants to assist cities Medicaid managed care organizations sor of S. 458, a bill to amend title XVIII with a vacant housing problem, and for by extending the discounts offered of the Social Security Act to provide other purposes. under fee-for-service Medicaid to such for the treatment of certain physician AMENDMENT NO. 2067 organizations. pathology services under the Medicare At the request of Mr. KENNEDY, the S. 1699 program. names of the Senator from Delaware At the request of Mr. REED, the name (Mr. BIDEN) and the Senator from S. 502 of the Senator from Rhode Island (Mr. At the request of Mr. CRAPO, the Washington (Ms. CANTWELL) were WHITEHOUSE) was added as a cosponsor added as cosponsors of amendment No. names of the Senator from Wyoming of S. 1699, a bill to amend the provi- (Mr. BARRASSO), the Senator from 2067 intended to be proposed to H.R. sions of the Elementary and Secondary 1585, to authorize appropriations for Oklahoma (Mr. COBURN), the Senator Education Act of 1965 regarding school from Utah (Mr. HATCH), the Senator fiscal year 2008 for military activities library media specialists, and for other of the Department of Defense, for mili- from Alaska (Mr. STEVENS) and the purposes. Senator from South Dakota (Mr. tary construction, and for defense ac- S. 1841 THUNE) were added as cosponsors of S. tivities of the Department of Energy, At the request of Ms. COLLINS, the to prescribe military personnel 502, a bill to repeal the sunset on the name of the Senator from South Da- reduction of capital gains rates for in- strengths for such fiscal year, and for kota (Mr. JOHNSON) was added as a co- other purposes. dividuals and on the taxation of divi- sponsor of S. 1841, a bill to provide a AMENDMENT NO. 2158 dends of individuals at capital gains site for the National Women’s History At the request of Mr. THUNE, his rates. Museum in Washington, District of Co- name was added as a cosponsor of S. 921 lumbia, and for other purposes. amendment No. 2158 intended to be pro- At the request of Mrs. LINCOLN, the S. 1895 name of the Senator from South Da- posed to H.R. 1585, to authorize appro- At the request of Mr. REED, the priations for fiscal year 2008 for mili- kota (Mr. JOHNSON) was added as a co- names of the Senator from Michigan sponsor of S. 921, a bill to amend title tary activities of the Department of (Mr. LEVIN) and the Senator from Defense, for military construction, and XVIII of the Social Security Act to Pennsylvania (Mr. CASEY) were added provide for the coverage of marriage for defense activities of the Depart- as cosponsors of S. 1895, a bill to aid ment of Energy, to prescribe military and family therapist services and men- and support pediatric involvement in tal health counselor services under personnel strengths for such fiscal reading and education. year, and for other purposes. part B of the Medicare program, and S. 1909 for other purposes. AMENDMENT NO. 2872 At the request of Mr. ISAKSON, the At the request of Mr. KENNEDY, the S. 932 name of the Senator from Wyoming name of the Senator from Maryland At the request of Mrs. LINCOLN, the (Mr. ENZI) was added as a cosponsor of (Ms. MIKULSKI) was added as a cospon- name of the Senator from New Jersey S. 1909, a bill to amend title XVIII of sor of amendment No. 2872 intended to (Mr. LAUTENBERG) was added as a co- the Social Security Act to provide for be proposed to H.R. 1585, to authorize sponsor of S. 932, a bill to amend title coverage, as supplies associated with appropriations for fiscal year 2008 for XVIII of the Social Security Act to au- the injection of insulin, of home needle military activities of the Department thorize physical therapists to evaluate removal, decontamination, and dis- of Defense, for military construction, and treat Medicare beneficiaries with- posal devices and the disposal of nee- and for defense activities of the De- out a requirement for a physician re- dles and syringes through a sharps-by- partment of Energy, to prescribe mili- ferral, and for other purposes. mail or similar program under part D tary personnel strengths for such fiscal S. 960 of the Medicare program. year, and for other purposes. At the request of Mrs. CLINTON, the S. 1958 names of the Senator from New Jersey At the request of Mr. CONRAD, the f (Mr. MENENDEZ) and the Senator from name of the Senator from Georgia (Mr. SUBMITTED RESOLUTIONS Minnesota (Mr. COLEMAN) were added ISAKSON) was added as a cosponsor of S. as cosponsors of S. 960, a bill to estab- 1958, a bill to amend title XVIII of the lish the United States Public Service Social Security Act to ensure and fos- SENATE RESOLUTION 325—SUP- Academy. ter continued patient quality of care PORTING EFFORTS TO INCREASE S. 1382 by establishing facility and patient cri- CHILDHOOD CANCER AWARE- At the request of Mr. REID, the teria for long-term care hospitals and NESS, TREATMENT, AND RE- names of the Senator from Rhode Is- related improvements under the Medi- SEARCH land (Mr. WHITEHOUSE), the Senator care program. Mr. ISAKSON (for himself, Mr. COCH- from Maryland (Mr. CARDIN) and the S. 1995 RAN, Mr. VOINOVICH, and Mr. SALAZAR) Senator from Hawaii (Mr. AKAKA) were At the request of Mr. SALAZAR, the submitted the following resolution; added as cosponsors of S. 1382, a bill to name of the Senator from Missouri which was referred to the Committee

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.029 S21SEPT1 bajohnson on PRODPC61 with SENATE S11954 CONGRESSIONAL RECORD — SENATE September 21, 2007 on Health, Education, Labor, and Pen- ecution of violent gangs, to deter and punish The resolution (S. Res. 320) was sions: violent gang crime, to protect law-abiding agreed to. citizens and communities from violent S. RES. 325 The preamble was agreed to. criminals, to revise and enhance criminal The resolution, with its preamble, is Whereas an estimated 12,400 children are penalties for violent crimes, to expand and as follows: diagnosed with cancer each year; improve gang prevention programs, and for S. RES. 320 Whereas cancer is the leading cause of other purposes. death by disease in children under age 15; Whereas the people of Ukraine have over- Whereas an estimated 2,300 children die f come financial and political hardships to from cancer each year; TEXT OF AMENDMENTS achieve a democratic system in which deci- Whereas the incidence of cancer among sions have been reached without violence children in the United States is rising by SA 3022. Mr. CASEY (for Mrs. FEIN- and through free and fair elections; about 1 percent each year; STEIN) proposed an amendment to the Whereas Ukraine has already conducted Whereas 1 in every 330 people in the United bill S. 456, to increase and enhance law elections considered free, fair, and consistent States develops cancer before age 20; enforcement resources committed to with the principles of the Organization for Whereas approximately 8 percent of deaths investigation and prosecution of vio- Security and Cooperation in Europe on 2 pre- of individuals between 1 and 19 years old are lent gangs, to deter and punish violent vious occasions; caused by cancer; gang crime, to protect law-abiding citi- Whereas the people of Ukraine deserve an elected and representative government that Whereas, while some progress has been zens and communities from violent made, a number of opportunities for child- can work together and pass legislation to hood cancer research still remain unfunded criminals, to revise and enhance crimi- improve the quality of life for all Ukrain- or underfunded; nal penalties for violent crimes, to ex- ians; and Whereas limited resources for childhood pand and improve gang prevention pro- Whereas the people of Ukraine have suc- cancer research can hinder the recruitment grams, and for other purposes; as fol- cessfully established a growing free press, an of investigators and physicians to the field of lows: increasingly independent judiciary, and a re- spect for human rights and the rule of law, pediatric oncology; Strike section 215. Whereas the results of peer-reviewed clin- which enhance freedom, stability, and pros- ical trials have helped to raise the standard f perity: Now, therefore, be it of care for pediatrics and have improved can- NOTICE OF HEARING Resolved, That the Senate— cer survival rates among children; (1) acknowledges the cooperation and Whereas the number of survivors of child- COMMITTEE ON RULES AND ADMINISTRATION friendship between the people of the United hood cancers continues to increase, with Mrs. FEINSTEIN. Mr. President, I States and the people of Ukraine since the about 1 in 640 adults between ages 20 to 39 wish to announce that the Committee restoration of Ukraine’s independence in 1991 having a history of cancer; on Rules and Administration will meet and the natural affections of the millions of Americans whose ancestors emigrated from Whereas up to 2⁄3 of childhood cancer sur- on Wednesday, September 26, 2007, at 10 Ukraine; vivors are likely to experience at least 1 late a.m., to conduct an executive business effect from treatment, which may be life- (2) expresses the admiration of the Amer- meeting to consider on the Nomination ican people for the ongoing success of the threatening; Ukranian people at removing violence from Whereas some late effects of cancer treat- of Robert C. Tapella of Virginia, to be politics, for which Ukrainians should be ment are identified early in follow-up and Public Printer, Government Printing proud, in particular the free and fair presi- are easily resolved, while others may become Office; and the nominations of Steven dential elections of December 26, 2004, and chronic problems in adulthood and have seri- T. Walther of Nevada, David M. Mason the parliamentary elections of March 26, ous consequences; and of Virginia, Robert D. Lenhard of 2006; Whereas 89 percent of children with ter- Maryland, and Hans von Spakovsky of (3) encourages the people of Ukraine to minal cancer experience substantial suf- Georgia to be members of the Federal maintain the democratic successes of the Or- fering in the last month of life: Now, there- Election Commission. ange Revolution of 2004, and expresses the fore, be it For further information regarding hope that the leaders of Ukraine will con- Resolved, That it is the sense of the Senate duct the September 30, 2007, elections in that Congress should support— this hearing, please contact Howard Gantman at the Rules and Administra- keeping with the standards of the Organiza- (1) public and private sector efforts to pro- tion for Security and Cooperation in Europe mote awareness about— tion Committee. (OSCE), of which both the United States and (A) the incidence of cancer among chil- f Ukraine are participating states; dren; RECOGNIZING THE ACHIEVEMENTS (4) urges the leaders and parties of Ukraine (B) the signs and symptoms of cancer in to overcome past differences and work to- children; and OF THE PEOPLE OF UKRAINE gether constructively to enhance the eco- (C) options for the treatment of, and long- Mr. CASEY. Mr. President, I ask nomic and political stability of the country term follow-up for, childhood cancers; that the people of Ukraine deserve; and (2) increased public and private investment unanimous consent that the Foreign Relations Committee be discharged (5) pledges the continued assistance of the in childhood cancer research to improve pre- United States to the continued progress and vention, diagnosis, treatment, rehabilita- from further consideration of S. Res. further development of a free and represent- tion, post-treatment monitoring, and long- 320, and that the Senate then proceed ative democratic government in Ukraine term survival; to its consideration. based on the rule of law and the principle of (3) policies that provide incentives to en- The PRESIDING OFFICER. The human rights. courage medical trainees and investigators clerk will report the resolution by f to enter the field of pediatric oncology; title. (4) policies that provide incentives to en- The assistant legislative clerk read GANG ABATEMENT AND courage the development of drugs and bio- PREVENTION ACT OF 2007 logics designed to treat pediatric cancers; as follows: (5) policies that encourage participation in A resolution (S. Res. 320) recognizing the Mr. CASEY. Mr. President, I ask clinical trials; achievements of the people of Ukraine in unanimous consent that the Senate (6) medical education curricula designed to pursuit of freedom and democracy, and ex- proceed to the immediate consider- improve pain management for cancer pa- pressing the hope that the parliamentary ation of Calendar No. 290, S. 456. tients; elections on September 30, 2007, preserve and The PRESIDING OFFICER. The (7) policies that enhance education, serv- extend these gains and provide for a stable clerk will report the bill by title. ices, and other resources related to late ef- and representative government. The assistant legislative clerk read fects from treatment; and There being no objection, the Senate as follows: (8) grassroots efforts to promote awareness proceeded to consider the resolution. A bill (S. 456) to increase and enhance law and support research for cures for childhood Mr. CASEY. Mr. President, I ask enforcement resources committed to inves- cancer. unanimous consent that the resolution tigation and prosecution of violent gangs, to f be agreed to, the preamble be agreed deter and punish violent gang crime, to pro- tect law-abiding citizens and communities AMENDMENTS SUBMITTED AND to, the motions to reconsider be laid from violent criminals, to revise and en- PROPOSED upon the table en bloc, and that any hance criminal penalties for violent crimes, SA 3022. Mr. CASEY (for Mrs. FEINSTEIN) statements relating thereto be printed to expand and improve gang prevention pro- proposed an amendment to the bill S. 456, to in the RECORD. grams, and for other purposes. increase and enhance law enforcement re- The PRESIDING OFFICER. Without There being no objection, the Senate sources committed to investigation and pros- objection, it is so ordered. proceeded to consider the bill, which

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.030 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11955 had been reported from the Committee Sec. 311. Family abduction prevention grant and connection to the community that is needed on the Judiciary, with an amendment program. to assist in combating gang violence, consulta- to strike all after the enacting clause Sec. 312. Study on adolescent development and tion and coordination between Federal, State, sentences in the Federal system. and insert in lieu thereof the following: and local law enforcement and collaboration Sec. 313. National youth anti-heroin media with other community agencies is critical to the SECTION 1. SHORT TITLE. campaign. successful prosecutions of criminal street gangs This Act may be cited as the ‘‘Gang Abate- Sec. 314. Training at the national advocacy and reduction of gang problems. ment and Prevention Act of 2007’’. center. TITLE I—NEW FEDERAL CRIMINAL LAWS SEC. 2. TABLE OF CONTENTS. TITLE IV—CRIME PREVENTION AND NEEDED TO FIGHT VIOLENT NATIONAL, The table of contents of this Act is as follows: INTERVENTION STRATEGIES INTERNATIONAL, REGIONAL, AND Sec. 1. Short title. Sec. 401. Short title. LOCAL GANGS THAT AFFECT INTER- Sec. 2. Table of contents. Sec. 402. Purposes. STATE AND FOREIGN COMMERCE Sec. 3. Findings. Sec. 403. Definitions. Sec. 404. National Commission on Public Safety SEC. 101. REVISION AND EXTENSION OF PEN- TITLE I—NEW FEDERAL CRIMINAL LAWS ALTIES RELATED TO CRIMINAL NEEDED TO FIGHT VIOLENT NATIONAL, Through Crime Prevention. STREET GANG ACTIVITY. Sec. 405. Innovative crime prevention and inter- INTERNATIONAL, REGIONAL, AND (a) IN GENERAL.—Chapter 26 of title 18, vention strategy grants. LOCAL GANGS THAT AFFECT INTER- United States Code, is amended to read as fol- STATE AND FOREIGN COMMERCE SEC. 3. FINDINGS. lows: Congress finds that— Sec. 101. Revision and extension of penalties re- ‘‘CHAPTER 26—CRIMINAL STREET GANGS lated to criminal street gang ac- (1) violent crime and drug trafficking are per- ‘‘Sec. tivity. vasive problems at the national, State, and local level; ‘‘521. Definitions. TITLE II—VIOLENT CRIME REFORMS TO (2) according to recent Federal Bureau of In- ‘‘522. Criminal street gang prosecutions. REDUCE GANG VIOLENCE vestigation, Uniform Crime Reports, violent ‘‘523. Recruitment of persons to participate in a Sec. 201. Violent crimes in aid of racketeering crime in the United States is on the rise, with a criminal street gang. activity. 2.3 percent increase in violent crime in 2005 (the ‘‘524. Violent crimes in furtherance of criminal Sec. 202. Murder and other violent crimes com- largest increase in the United States in 15 years) street gangs. mitted during and in relation to a and an even larger 3.7 percent jump during the ‘‘525. Forfeiture. drug trafficking crime. first 6 months of 2006, and the Police Executive ‘‘§ 521. Definitions Sec. 203. Expansion of rebuttable presumption Research Forum reports that, among jurisdic- ‘‘In this chapter: against release of persons charged tions providing information, homicides are up with firearms offenses. ‘‘(1) CRIMINAL STREET GANG.—The term ‘crimi- 10.21 percent, robberies are up 12.27 percent, and nal street gang’ means a formal or informal Sec. 204. Statute of limitations for violent crime. aggravated assaults with firearms are up 9.98 Sec. 205. Study of hearsay exception for for- group, organization, or association of 5 or more percent since 2004; individuals— feiture by wrongdoing. (3) these disturbing rises in violent crime are ‘‘(A) each of whom has committed at least 1 Sec. 206. Possession of firearms by dangerous attributable in part to the spread of criminal gang crime; and felons. street gangs and the willingness of gang mem- ‘‘(B) who collectively commit 3 or more gang Sec. 207. Conforming amendment. bers to commit acts of violence and drug traf- crimes (not less than 1 of which is a serious vio- Sec. 208. Amendments relating to violent crime. ficking offenses; lent felony), in separate criminal episodes (not Sec. 209. Publicity campaign about new crimi- (4) according to a recent National Drug less than 1 of which occurs after the date of en- nal penalties. Threat Assessment, criminal street gangs are re- actment of the Gang Abatement and Prevention Sec. 210. Statute of limitations for terrorism of- sponsible for much of the retail distribution of Act of 2007, and the last of which occurs not fenses. the cocaine, methamphetamine, heroin, and later than 5 years after the commission of a Sec. 211. Crimes committed in Indian country or other illegal drugs being distributed in rural and prior gang crime (excluding any time of impris- exclusive Federal jurisdiction as urban communities throughout the United onment for that individual)). racketeering predicates. States; Sec. 212. Predicate crimes for authorization of (5) gangs commit acts of violence or drug of- ‘‘(2) GANG CRIME.—The term ‘gang crime’ interception of wire, oral, and fenses for numerous motives, such as member- means an offense under Federal law punishable electronic communications. ship in or loyalty to the gang, for protecting by imprisonment for more than 1 year, or a fel- Sec. 213. Clarification of Hobbs Act. gang territory, and for profit; ony offense under State law that is punishable Sec. 214. Interstate tampering with or retalia- (6) gang presence and intimidation, and the by a term of imprisonment of 5 years or more in tion against a witness, victim, or organized and repetitive nature of the crimes any of the following categories: informant in a State criminal pro- that gangs and gang members commit, has a ‘‘(A) A crime that has as an element the use, ceeding. pernicious effect on the free flow of interstate attempted use, or threatened use of physical Sec. 215. Prohibition on firearms possession commercial activities and directly affects the force against the person of another, or is bur- based on valid gang injunction freedom and security of communities plagued by glary, arson, kidnapping, or extortion. and conviction for gang-related gang activity, diminishing the value of property, ‘‘(B) A crime involving obstruction of justice, misdemeanor. inhibiting the desire of national and multi- or tampering with or retaliating against a wit- Sec. 216. Amendment of sentencing guidelines. national corporations to transact business in ness, victim, or informant. TITLE III—INCREASED FEDERAL RE- those communities, and in a variety of ways di- ‘‘(C) A crime involving the manufacturing, im- SOURCES TO DETER AND PREVENT SERI- rectly and substantially affecting interstate and porting, distributing, possessing with intent to OUSLY AT-RISK YOUTH FROM JOINING foreign commerce; distribute, or otherwise trafficking in a con- ILLEGAL STREET GANGS AND FOR (7) gangs often recruit and utilize minors to trolled substance or listed chemical (as those OTHER PURPOSES engage in acts of violence and other serious of- terms are defined in section 102 of the Con- Sec. 301. Designation of and assistance for high fenses out of a belief that the criminal justice trolled Substances Act (21 U.S.C. 802)). intensity gang activity areas. systems are more lenient on juvenile offenders; ‘‘(D) Any conduct punishable under— Sec. 302. Gang prevention grants. (8) gangs often intimidate and threaten wit- ‘‘(i) section 844 (relating to explosive mate- Sec. 303. Enhancement of Project Safe Neigh- nesses to prevent successful prosecutions; rials); borhoods initiative to improve en- (9) gangs prey upon and incorporate minors ‘‘(ii) subsection (a)(1), (d), (g)(1) (where the forcement of criminal laws against into their ranks, exploiting the fact that adoles- underlying conviction is a violent felony or a se- violent gangs. cents have immature decision-making capacity, rious drug offense (as those terms are defined in Sec. 304. Additional resources needed by the therefore, gang activity and recruitment can be section 924(e)), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), Federal Bureau of Investigation reduced and deterred through increased vigi- (g)(9), (g)(10), (g)(11), (i), (j), (k), (n), (o), (p), to investigate and prosecute vio- lance, appropriate criminal penalties, partner- (q), (u), or (x) of section 922 (relating to unlaw- lent criminal street gangs. ships between Federal and State and local law ful acts); Sec. 305. Grants to prosecutors and law enforce- enforcement, and proactive prevention and ‘‘(iii) subsection (b), (c), (g), (h), (k), (l), (m), ment to combat violent crime. intervention efforts, particularly targeted at ju- or (n) of section 924 (relating to penalties); Sec. 306. Expansion and reauthorization of the veniles and young adults, prior to and even dur- ‘‘(iv) section 930 (relating to possession of fire- mentoring initiative for system in- ing gang involvement; arms and dangerous weapons in Federal facili- volved youth. (10) State and local prosecutors and law en- ties); Sec. 307. Demonstration grants to encourage forcement officers, in hearings before the Com- ‘‘(v) section 931 (relating to purchase, owner- creative approaches to gang activ- mittee on the Judiciary of the Senate and else- ship, or possession of body armor by violent fel- ity and after-school programs. where, have enlisted the help of Congress in the ons); Sec. 308. Short-Term State Witness Protection prevention, investigation, and prosecution of ‘‘(vi) sections 1028 and 1029 (relating to fraud, Section. gang crimes and in the protection of witnesses identity theft, and related activity in connection Sec. 309. Witness protection services. and victims of gang crimes; and with identification documents or access devices); Sec. 310. Expansion of Federal witness reloca- (11) because State and local prosecutors and ‘‘(vii) section 1084 (relating to transmission of tion and protection program. law enforcement have the expertise, experience, wagering information);

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0637 Sfmt 6333 E:\CR\FM\G21SE6.055 S21SEPT1 bajohnson on PRODPC61 with SENATE S11956 CONGRESSIONAL RECORD — SENATE September 21, 2007 ‘‘(viii) section 1952 (relating to interstate and participation or remaining in a criminal street (B) by inserting ‘‘engages in conduct that foreign travel or transportation in aid of racket- gang is incarcerated at the time the offense would violate section 2241 if the conduct oc- eering enterprises); takes place, be fined under this title, imprisoned curred in the special maritime and territorial ju- ‘‘(ix) section 1956 (relating to the laundering not more than 10 years, or both; and risdiction of the United States,’’ before of monetary instruments); ‘‘(3) in any other case, be fined under this ‘‘maims,’’; ‘‘(x) section 1957 (relating to engaging in mon- title, imprisoned not more than 5 years, or both. (2) in paragraph (1), by inserting ‘‘conduct etary transactions in property derived from ‘‘(c) CONSECUTIVE NATURE OF PENALTIES.— that would violate section 2241 if the conduct specified unlawful activity); or Any term of imprisonment imposed under sub- occurred in the special maritime and territorial ‘‘(xi) sections 2312 through 2315 (relating to section (b)(2) shall be consecutive to any term jurisdiction of the United States, or maiming,’’ interstate transportation of stolen motor vehi- imposed for any other offense. after ‘‘kidnapping,’’; cles or stolen property). ‘‘§ 524. Violent crimes in furtherance of crimi- (3) in paragraph (2), by striking ‘‘maiming’’ ‘‘(E) Any conduct punishable under section nal street gangs and inserting ‘‘assault resulting in serious bod- 274 (relating to bringing in and harboring cer- ‘‘(a) IN GENERAL.—It shall be unlawful for ily injury’’; (4) in paragraph (3), by striking ‘‘or assault tain aliens), section 277 (relating to aiding or as- any person, for the purpose of gaining entrance resulting in serious bodily injury’’; sisting certain aliens to enter the United States), to or maintaining or increasing position in, or in (5) in paragraph (4)— or section 278 (relating to importation of aliens furtherance of, or in association with, a crimi- for immoral purposes) of the Immigration and (A) by striking ‘‘five years’’ and inserting ‘‘10 nal street gang, or as consideration for anything years’’; and Nationality Act (8 U.S.C. 1324, 1327, and 1328). of pecuniary value to or from a criminal street ‘‘(F) Any crime involving aggravated sexual (B) by adding ‘‘and’’ at the end; and gang, to knowingly commit or threaten to com- (6) by striking paragraphs (5) and (6) and in- abuse, sexual assault, pimping or pandering in- mit against any individual a crime of violence volving prostitution, sexual exploitation of chil- serting the following: that is an offense under Federal law punishable ‘‘(5) for attempting or conspiring to commit dren (including sections 2251, 2251A, 2252 and by imprisonment for more than 1 year or a fel- 2260), peonage, slavery, or trafficking in persons any offense under this section, by the same pen- ony offense under State law that is punishable (including sections 1581 through 1592) and sec- alties (other than the death penalty) as those by a term of imprisonment of 5 years or more, or tions 2421 through 2427 (relating to transport for prescribed for the offense, the commission of attempt or conspire to do so, if the activities of illegal sexual activity). which was the object of the attempt or con- the criminal street gang occur in or affect inter- ‘‘(3) MINOR.—The term ‘minor’ means an indi- spiracy.’’. state or foreign commerce. vidual who is less than 18 years of age. SEC. 202. MURDER AND OTHER VIOLENT CRIMES ‘‘(b) PENALTY.—Any person who violates sub- ‘‘(4) SERIOUS VIOLENT FELONY.—The term ‘se- COMMITTED DURING AND IN RELA- section (a) shall be punished by a fine under rious violent felony’ has the meaning given that TION TO A DRUG TRAFFICKING this title and— CRIME. term in section 3559. ‘‘(1) for murder, kidnapping, conduct that (a) IN GENERAL.—Part D of the Controlled ‘‘(5) STATE.—The term ‘State’ means each of would violate section 2241 if the conduct oc- Substances Act (21 U.S.C. 841 et seq.) is amend- the several States of the United States, the Dis- curred in the special maritime and territorial ju- ed by adding at the end the following: trict of Columbia, and any commonwealth, terri- risdiction of the United States, or maiming, by tory, or possession of the United States. ‘‘SEC. 424. MURDER AND OTHER VIOLENT CRIMES imprisonment for any term of years or for life; COMMITTED DURING AND IN RELA- ‘‘§ 522. Criminal street gang prosecutions ‘‘(2) for a serious violent felony other than TION TO A DRUG TRAFFICKING ‘‘(a) STREET GANG CRIME.—It shall be unlaw- one described in paragraph (1), by imprisonment CRIME. ful for any person to knowingly commit, or con- for not more than 30 years; and ‘‘(a) IN GENERAL.—Whoever, during and in re- spire, threaten, or attempt to commit, a gang ‘‘(3) in any other case, by imprisonment for lation to any drug trafficking crime, knowingly crime for the purpose of furthering the activities not more than 20 years. commits any crime of violence against any indi- of a criminal street gang, or gaining entrance to ‘‘§ 525. Forfeiture vidual that is an offense under Federal law punishable by imprisonment for more than 1 or maintaining or increasing position in a crimi- ‘‘(a) CRIMINAL FORFEITURE.—A person who is nal street gang, if the activities of that criminal convicted of a violation of this chapter shall for- year or a felony offense under State law that is street gang occur in or affect interstate or for- feit to the United States— punishable by a term of imprisonment of 5 years eign commerce. ‘‘(1) any property used, or intended to be or more, or threatens, attempts or conspires to ‘‘(b) PENALTY.—Any person who violates sub- used, in any manner or part, to commit, or to fa- do so, shall be punished by a fine under title 18, section (a) shall be fined under this title and— cilitate the commission of, the violation; and United States Code, and— ‘‘(1) for murder, kidnapping, conduct that ‘‘(2) any property constituting, or derived ‘‘(1) for murder, kidnapping, conduct that would violate section 2241 if the conduct oc- from, any proceeds obtained, directly or indi- would violate section 2241 if the conduct oc- curred in the special maritime and territorial ju- rectly, as a result of the violation. curred in the special maritime and territorial ju- risdiction of the United States, or maiming, im- ‘‘(b) PROCEDURES APPLICABLE.—Pursuant to risdiction of the United States, or maiming, by prisonment for any term of years or for life; section 2461(c) of title 28, the provisions of sec- imprisonment for any term of years or for life; ‘‘(2) for any other serious violent felony, by tion 413 of the Controlled Substances Act (21 ‘‘(2) for a serious violent felony (as defined in imprisonment for not more than 30 years; U.S.C. 853), except subsections (a) and (d) of section 3559 of title 18, United States Code) other ‘‘(3) for any crime of violence that is not a se- that section, shall apply to the criminal for- than one described in paragraph (1) by impris- rious violent felony, by imprisonment for not feiture of property under this section.’’. onment for not more than 30 years; ‘‘(3) for a crime of violence that is not a seri- more than 20 years; and (b) AMENDMENT RELATING TO PRIORITY OF ous violent felony, by imprisonment for not more ‘‘(4) for any other offense, by imprisonment FORFEITURE OVER ORDERS FOR RESTITUTION.— for not more than 10 years. Section 3663(c)(4) of title 18, United States Code, than 20 years; and ‘‘(4) in any other case by imprisonment for not ‘‘§ 523. Recruitment of persons to participate is amended by striking ‘‘chapter 46 or’’ and in- more than 10 years. in a criminal street gang serting ‘‘chapter 26, chapter 46, or’’. ‘‘(b) VENUE.—A prosecution for a violation of (c) MONEY LAUNDERING.—Section ‘‘(a) PROHIBITED ACTS.—It shall be unlawful this section may be brought in— 1956(c)(7)(D) of title 18, United States Code, is to knowingly recruit, employ, solicit, induce, ‘‘(1) the judicial district in which the murder amended by inserting ‘‘, section 522 (relating to command, coerce, or cause another person to be or other crime of violence occurred; or or remain as a member of a criminal street gang, criminal street gang prosecutions), 523 (relating ‘‘(2) any judicial district in which the drug or attempt or conspire to do so, with the intent to recruitment of persons to participate in a trafficking crime may be prosecuted. to cause that person to participate in a gang criminal street gang), and 524 (relating to vio- ‘‘(c) DEFINITIONS.—In this section— crime, if the defendant travels in interstate or lent crimes in furtherance of criminal street ‘‘(1) the term ‘crime of violence’ has the mean- foreign commerce in the course of the offense, or gangs)’’ before ‘‘, section 541’’. ing given that term in section 16 of title 18, if the activities of that criminal street gang are (d) AMENDMENT OF SPECIAL SENTENCING PRO- United States Code; and in or affect interstate or foreign commerce. VISION PROHIBITING PRISONER COMMUNICA- ‘‘(2) the term ‘drug trafficking crime’ has the ‘‘(b) PENALTIES.—Whoever violates subsection TIONS.—Section 3582(d) of title 18, United States meaning given that term in section 924(c)(2) of (a) shall— Code, is amended— title 18, United States Code.’’. ‘‘(1) if the person recruited, employed, solic- (1) by inserting ‘‘chapter 26 (criminal street (b) CLERICAL AMENDMENT.—The table of con- ited, induced, commanded, coerced, or caused to gangs),’’ before ‘‘chapter 95’’; and tents for the Comprehensive Drug Abuse Preven- participate or remain in a criminal street gang is (2) by inserting ‘‘a criminal street gang or’’ tion and Control Act of 1970 (Public Law 91–513; a minor— before ‘‘an illegal enterprise’’. 84 Stat. 1236) is amended by inserting after the ‘‘(A) be fined under this title, imprisoned not TITLE II—VIOLENT CRIME REFORMS TO item relating to section 423, the following: more than 10 years, or both; and REDUCE GANG VIOLENCE ‘‘Sec. 424. Murder and other violent crimes com- ‘‘(B) at the discretion of the sentencing judge, SEC. 201. VIOLENT CRIMES IN AID OF RACKET- mitted during and in relation to a be liable for any costs incurred by the Federal EERING ACTIVITY. drug trafficking crime.’’. Government, or by any State or local govern- Section 1959(a) of title 18, United States Code, SEC. 203. EXPANSION OF REBUTTABLE PRESUMP- ment, for housing, maintaining, and treating is amended— TION AGAINST RELEASE OF PER- the minor until the person attains the age of 18 (1) in the matter preceding paragraph (1)— SONS CHARGED WITH FIREARMS OF- years; (A) by inserting ‘‘or in furtherance or in aid FENSES. ‘‘(2) if the person who recruits, employs, solic- of an enterprise engaged in racketeering activ- Section 3142(e) of title 18, United States Code, its, induces, commands, coerces, or causes the ity,’’ before ‘‘murders,’’; and is amended in the matter following paragraph

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0637 Sfmt 6333 E:\CR\FM\A21SE6.032 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11957 (3), by inserting after ‘‘that the person com- SEC. 208. AMENDMENTS RELATING TO VIOLENT than gambling) had not been committed in In- mitted’’ the following: ‘‘an offense under sub- CRIME. dian country (as defined in section 1151) or in section (g)(1) (where the underlying conviction (a) CARJACKING.—Section 2119 of title 18, any other area of exclusive Federal jurisdic- is a drug trafficking crime or crime of violence United States Code, is amended— tion,’’ after ‘‘chargeable under State law’’. (as those terms are defined in section 924(c))), (1) in the matter preceding paragraph (1), by SEC. 212. PREDICATE CRIMES FOR AUTHORIZA- (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), striking ‘‘, with the intent’’ and all that follows TION OF INTERCEPTION OF WIRE, or (g)(11) of section 922,’’. through ‘‘to do so, shall’’ and inserting ‘‘know- ORAL, AND ELECTRONIC COMMU- SEC. 204. STATUTE OF LIMITATIONS FOR VIO- ingly takes a motor vehicle that has been trans- NICATIONS. LENT CRIME. ported, shipped, or received in interstate or for- Section 2516(1) of title 18, United States Code, (a) IN GENERAL.—Chapter 213 of title 18, eign commerce from the person of another by is amended— United States Code, is amended by adding at the force and violence or by intimidation, causing a (1) by striking ‘‘or’’ and the end of paragraph end the following: reasonable apprehension of fear of death or seri- (r); ‘‘§ 3299A. Violent crime offenses ous bodily injury in an individual, or attempts (2) by redesignating paragraph (s) as para- ‘‘No person shall be prosecuted, tried, or pun- or conspires to do so, shall’’; graph (u); and (3) by inserting after paragraph (r) the fol- ished for any noncapital felony crime of vio- (2) in paragraph (1), by striking ‘‘15 years’’ lowing: lence, including any racketeering activity or and inserting ‘‘20 years’’; ‘‘(s) any violation of section 424 of the Con- gang crime which involves any crime of vio- (3) in paragraph (2), by striking ‘‘or impris- trolled Substances Act (relating to murder and lence, unless the indictment is found or the in- oned not more than 25 years, or both’’ and in- other violent crimes in furtherance of a drug formation is instituted not later than 10 years serting ‘‘and imprisoned for any term of years or trafficking crime); after the date on which the alleged violation oc- for life’’; and ‘‘(t) any violation of section 522, 523, or 524 curred or the continuing offense was com- (4) in paragraph (3), by inserting ‘‘the person (relating to criminal street gangs); or’’. pleted.’’. takes or attempts to take the motor vehicle in (b) CLERICAL AMENDMENT.—The table of sec- violation of this section with intent to cause SEC. 213. CLARIFICATION OF HOBBS ACT. tions at the beginning of chapter 213 of title 18, death or cause serious bodily injury, and’’ be- Section 1951(b) of title 18, United States Code, United States Code, is amended by adding at the fore ‘‘death results’’. is amended— end the following: (b) CLARIFICATION AND STRENGTHENING OF (1) in paragraph (1), by inserting ‘‘including ‘‘3299A. Violent crime offenses.’’. PROHIBITION ON ILLEGAL GUN TRANSFERS TO the unlawful impersonation of a law enforce- COMMIT DRUG TRAFFICKING CRIME OR CRIME OF ment officer (as that term is defined in section SEC. 205. STUDY OF HEARSAY EXCEPTION FOR FORFEITURE BY WRONGDOING. VIOLENCE.—Section 924(h) of title 18, United 245(c) of this title),’’ after ‘‘by means of actual The Judicial Conference of the United States States Code, is amended to read as follows: or threatened force,’’; and shall study the necessity and desirability of ‘‘(h) Whoever knowingly transfers a firearm (2) in paragraph (2), by inserting ‘‘including amending section 804(b) of the Federal Rules of that has moved in or that otherwise affects the unlawful impersonation of a law enforce- Evidence to permit the introduction of state- interstate or foreign commerce, knowing that ment officer (as that term is defined in section ments against a party by a witness who has the firearm will be used to commit, or possessed 245(c) of this title),’’ after ‘‘by wrongful use of been made unavailable where it is reasonably in furtherance of, a crime of violence (as defined actual or threatened force,’’. foreseeable by that party that wrongdoing in subsection (c)(3)) or drug trafficking crime (as SEC. 214. INTERSTATE TAMPERING WITH OR RE- would make the declarant unavailable. defined in subsection (c)(2)) shall be fined under TALIATION AGAINST A WITNESS, VIC- TIM, OR INFORMANT IN A STATE SEC. 206. POSSESSION OF FIREARMS BY DAN- this title and imprisoned not more than 20 CRIMINAL PROCEEDING. GEROUS FELONS. years.’’. (a) IN GENERAL.—Chapter 73 of title 18, (a) IN GENERAL.—Section 924(e) of title 18, (c) AMENDMENT OF SPECIAL SENTENCING PRO- United States Code, is amended by striking VISION RELATING TO LIMITATIONS ON CRIMINAL United States Code, is amended by inserting paragraph (1) and inserting the following: ASSOCIATION.—Section 3582(d) of title 18, United after section 1513 the following: ‘‘(1) In the case of a person who violates sec- States Code, is amended— ‘‘§ 1513A. Interstate tampering with or retalia- tion 922(g) of this title and has previously been (1) by inserting ‘‘chapter 26 of this title (crimi- tion against a witness, victim, or informant convicted by any court referred to in section nal street gang prosecutions) or in’’ after ‘‘fel- in a State criminal proceeding 922(g)(1) of a violent felony or a serious drug of- ony set forth in’’; and ‘‘(a) IN GENERAL.—It shall be unlawful for fense shall— (2) by inserting ‘‘a criminal street gang or’’ any person— ‘‘(A) in the case of 1 such prior conviction, before ‘‘an illegal enterprise’’. ‘‘(1) to travel in interstate or foreign com- where a period of not more than 10 years has (d) CONSPIRACY PENALTY.—Section 371 of title merce, or to use the mail or any facility in inter- elapsed since the later of the date of conviction 18, United States Code, is amended by striking state or foreign commerce, or to employ, use, and the date of release of the person from im- ‘‘five years, or both.’’ and inserting ‘‘10 years command, counsel, persuade, induce, entice, or prisonment for that conviction, be imprisoned (unless the maximum penalty for the crime that coerce any individual to do the same, with the for not more than 15 years, fined under this served as the object of the conspiracy has a intent to— title, or both; maximum penalty of imprisonment of less than ‘‘(A) use or threaten to use any physical force ‘‘(B) in the case of 2 such prior convictions, 10 years, in which case the maximum penalty against any witness, informant, victim, or other committed on occasions different from one an- under this section shall be the penalty for such participant in a State criminal proceeding in an other, and where a period of not more than 10 crime), or both. This paragraph does not super- effort to influence or prevent participation in years has elapsed since the later of the date of sede any other penalty specifically set forth for such proceeding, or to retaliate against such in- conviction and the date of release of the person a conspiracy offense.’’. dividual for participating in such proceeding; or from imprisonment for the most recent such con- SEC. 209. PUBLICITY CAMPAIGN ABOUT NEW ‘‘(B) threaten, influence, or prevent from tes- viction, be imprisoned for not more than 20 CRIMINAL PENALTIES. tifying any actual or prospective witness in a years, fined under this title, or both; and The Attorney General is authorized to con- State criminal proceeding; or ‘‘(C) in the case of 3 such prior convictions, duct media campaigns in any area designated as ‘‘(2) to attempt or conspire to commit an of- committed on occasions different from one an- a high intensity gang activity area under sec- fense under subparagraph (A) or (B) of para- other, and where a period of not more than 10 tion 301 and any area with existing and emerg- graph (1). years has elapsed since the later of date of con- ing problems with gangs, as needed, to educate ‘‘(b) PENALTIES.— viction and the date of release of the person individuals in that area about the changes in ‘‘(1) USE OF FORCE.—Any person who violates from imprisonment for the most recent such con- criminal penalties made by this Act, and shall subsection (a)(1)(A) by use of force— viction, be imprisoned for any term of years not report to the Committee on the Judiciary of the ‘‘(A) shall be fined under this title, imprisoned less than 15 years or for life and fined under Senate and the Committee on the Judiciary of not more than 20 years, or both; and this title, and notwithstanding any other provi- the House of Representatives the amount of ex- ‘‘(B) if death, kidnapping, or serious bodily sion of law, the court shall not suspend the sen- penditures and all other aspects of the media injury results, shall be fined under this title, im- tence of, or grant a probationary sentence to, campaign. prisoned for any term of years or for life, or such person with respect to the conviction under SEC. 210. STATUTE OF LIMITATIONS FOR TER- both. section 922(g).’’. RORISM OFFENSES. ‘‘(2) OTHER VIOLATIONS.—Any person who (b) AMENDMENT TO SENTENCING GUIDELINES.— Section 3286(a) of title 18, United States Code, violates subsection (a)(1)(A) by threatened use Pursuant to its authority under section 994(p) of is amended— of force or violates paragraph (1)(B) or (2) of title 28, United States Code, the United States (1) in the subsection heading, by striking subsection (a) shall be fined under this title, im- Sentencing Commission shall amend the Federal ‘‘EIGHT-YEAR’’ and inserting ‘‘TEN-YEAR’’; and prisoned not more than 10 years, or both. Sentencing Guidelines to provide for an appro- (2) in the first sentence, by striking ‘‘8 years’’ ‘‘(c) VENUE.—A prosecution under this section priate increase in the offense level for violations and inserting ‘‘10 years’’. may be brought in the district in which the offi- of section 922(g) of title 18, United States Code, SEC. 211. CRIMES COMMITTED IN INDIAN COUN- cial proceeding (whether or not pending, about in accordance with section 924(e) of that title 18, TRY OR EXCLUSIVE FEDERAL JURIS- to be instituted or was completed) was intended as amended by subsection (a). DICTION AS RACKETEERING PREDI- to be affected or was completed, or in which the SEC. 207. CONFORMING AMENDMENT. CATES. conduct constituting the alleged offense oc- The matter preceding paragraph (1) in section Section 1961(1)(A) of title 18, United States curred.’’. 922(d) of title 18, United States Code, is amended Code, is amended by inserting ‘‘, or would have (b) CONFORMING AMENDMENT.—Section 1512 is by inserting ‘‘, transfer,’’ after ‘‘sell’’. been so chargeable if the act or threat (other amended, in the section heading, by adding at

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the end the following: ‘‘IN A FEDERAL PRO- States Sentencing Commission shall review and, (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ CEEDING’’. if appropriate, amend its guidelines and policy has the meaning given the term in section 4(e) of (c) CHAPTER ANALYSIS.—The table of sections statements to conform with this title and the the Indian Self-Determination and Education for chapter 73 of title 18, United States Code, is amendments made by this title. Assistance Act (25 U.S.C. 450b(e)). amended— (b) REQUIREMENTS.—In carrying out this sec- (5) STATE.—The term ‘‘State’’ means a State of (1) by striking the item relating to section 1512 tion, the United States Sentencing Commission the United States, the District of Columbia, and and inserting the following: shall— any commonwealth, territory, or possession of ‘‘1512. Tampering with a witness, victim, or an (1) establish new guidelines and policy state- the United States. informant in a Federal pro- ments, as warranted, in order to implement new (6) TRIBAL LEADER.—The term ‘‘tribal leader’’ ceeding.’’; or revised criminal offenses under this title and means the chief executive officer representing the governing body of an Indian tribe. and the amendments made by this title; (2) consider the extent to which the guidelines (b) HIGH INTENSITY GANG ACTIVITY AREAS.— (2) by inserting after the item relating to sec- (1) DESIGNATION.—The Attorney General, tion 1513 the following: and policy statements adequately address— (A) whether the guidelines offense levels and after consultation with the Governors of appro- ‘‘1513A. Interstate tampering with or retaliation enhancements— priate States, may designate as high intensity against a witness, victim, or in- (i) are sufficient to deter and punish such of- gang activity areas, specific areas that are lo- formant in a State criminal pro- fenses; and cated within 1 or more States, which may con- ceeding.’’. (ii) are adequate in view of the statutory in- sist of 1 or more municipalities, counties, or SEC. 215. PROHIBITION ON FIREARMS POSSES- creases in penalties contained in this title and other jurisdictions as appropriate. SION BASED ON VALID GANG IN- the amendments made by this title; and (2) ASSISTANCE.—In order to provide Federal JUNCTION AND CONVICTION FOR (B) whether any existing or new specific of- assistance to high intensity gang activity areas, GANG-RELATED MISDEMEANOR. fense characteristics should be added to reflect the Attorney General shall— (a) IN GENERAL.—Section 922(g) of title 18, (A) establish local collaborative working congressional intent to increase penalties for the United States Code, is amended— groups, which shall include— offenses set forth in this title and the amend- (1) in paragraph (8), by striking ‘‘or’’ at the (i) criminal street gang enforcement teams, ments made by this title; end; consisting of Federal, State, tribal, and local (3) ensure that specific offense characteristics (2) in paragraph (9), by striking the comma at law enforcement authorities, for the coordinated are added to increase the guideline range— the end and inserting a semicolon; investigation, disruption, apprehension, and (A) by at least 2 offense levels, if a criminal (3) by inserting after paragraph (9) the fol- prosecution of criminal street gangs and offend- defendant committing a gang crime or gang re- lowing: ers in each high intensity gang activity area; ‘‘(10) who has been convicted in any court of cruiting offense was an alien who was present (ii) educational, community, and faith leaders a misdemeanor gang-related offense; or in the United States in violation of section 275 in the area; ‘‘(11) who otherwise has, within the last 5 or 276 of the Immigration and Nationality Act (8 (iii) service providers in the community, in- years, been found by any court to be in con- U.S.C. 1325 and 1326) at the time the offense was cluding those experienced at reaching youth tempt of a gang injunction order, so long as the committed; and and adults who have been involved in violence finding of contempt was issued after a hearing (B) by at least 4 offense levels, if such defend- and violent gangs or groups, to provide gang-in- of which such person received actual notice, ant had also previously been ordered removed or volved or seriously at-risk youth with positive and at which such person had an opportunity deported under the Immigration and Nationality alternatives to gangs and other violent groups to participate and challenge the sufficiency of Act (8 U.S.C. 1101 et seq.) on the grounds of and to address the needs of those who leave process and the constitutional validity of the having committed a crime; gangs and other violent groups, and those reen- underlying gang injunction order,’’. (4) determine under what circumstances a sen- tering society from prison; and tence of imprisonment imposed under this title (b) DEFINITION.—Section 921(a) of title 18, (iv) evaluation teams to research and collect United States Code, is amended by adding at the or the amendments made by this title shall run information, assess data, recommend adjust- end the following: consecutively to any other sentence of imprison- ments, and generally assure the accountability ‘‘(36)(A) The term ‘misdemeanor gang-related ment imposed for any other crime, except that and effectiveness of program implementation; offense’ means an offense that— the Commission shall ensure that a sentence of (B) direct the reassignment or detailing from ‘‘(i) is a misdemeanor under Federal, State, or imprisonment imposed under section 424 of the any Federal department or agency (subject to Tribal law; and Controlled Substances Act (21 U.S.C. 841 et the approval of the head of that department or ‘‘(ii) has, as an element, the membership of seq.), as added by this Act, shall run consecu- agency, in the case of a department or agency the defendant in a criminal street gang, illegal tively, to an extent that the Sentencing Commis- other than the Department of Justice) of per- association with a criminal street gang, or par- sion determines appropriate, to the sentence im- sonnel to each criminal street gang enforcement ticipation in a criminal street gang activity. posed for the underlying drug trafficking of- team; ‘‘(B)(i) A person shall not be considered to fense; (C) direct the reassignment or detailing of rep- have been convicted of such an offense for pur- (5) account for any aggravating or mitigating resentatives from— poses of this chapter, unless— circumstances that might justify exceptions to (i) the Department of Justice; ‘‘(I) the person was represented by counsel in the generally applicable sentencing ranges; (ii) the Department of Education; (iii) the Department of Labor; the case, or knowingly and intelligently waived (6) ensure reasonable consistency with other (iv) the Department of Health and Human the right to counsel in the case; and relevant directives, other sentencing guidelines, and statutes; Services; ‘‘(II) in the case of a prosecution for an of- (v) the Department of Housing and Urban De- fense described in this paragraph for which a (7) make any necessary and conforming changes to the sentencing guidelines and policy velopment; and person was entitled to a jury trial in the juris- (vi) any other Federal department or agency diction in which the case was tried— statements; and (8) ensure that the guidelines adequately meet (subject to the approval of the head of that de- ‘‘(aa) the case was tried by a jury; or partment or agency, in the case of a department ‘‘(bb) the person knowingly and intelligently the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code. or agency other than the Department of Justice) waived the right to have the case tried by a to each high intensity gang activity area to jury, by guilty plea or otherwise. TITLE III—INCREASED FEDERAL RE- identify and coordinate efforts to access Federal ‘‘(ii) A person shall not be considered to have SOURCES TO DETER AND PREVENT SE- programs and resources available to provide been convicted of such an offense for purposes RIOUSLY AT-RISK YOUTH FROM JOINING gang prevention, intervention, and reentry as- of this chapter if the conviction has been ex- ILLEGAL STREET GANGS AND FOR sistance; punged or set aside, or is an offense for which OTHER PURPOSES (D) prioritize and administer the Federal pro- the person has been pardoned or has had civil SEC. 301. DESIGNATION OF AND ASSISTANCE FOR gram and resource requests made by the local rights restored (if the law of the applicable ju- HIGH INTENSITY GANG ACTIVITY collaborative working group established under risdiction provides for the loss of civil rights AREAS. subparagraph (A) for each high intensity gang under such an offense) unless the pardon, (a) DEFINITIONS.—In this section: activity area; expungement, or restoration of civil rights ex- (1) GOVERNOR.—The term ‘‘Governor’’ means (E) provide all necessary funding for the oper- pressly provides that the person may not ship, a Governor of a State, the Mayor of the District ation of each local collaborative working group transport, possess, or receive firearms. of Columbia, the tribal leader of an Indian tribe, in each high intensity gang activity area; and ‘‘(37) The term ‘gang injunction order’ means or the chief executive of a Commonwealth, terri- (F) provide all necessary funding for national a court order that— tory, or possession of the United States. and regional meetings of local collaborative ‘‘(A) names the defendant as a member of a (2) HIGH INTENSITY GANG ACTIVITY AREA.—The working groups, criminal street gang enforce- criminal street gang; and term ‘‘high intensity gang activity area’’ or ment teams, and educational, community, social ‘‘(B) restrains the defendant from associating ‘‘HIGAA’’ means an area within 1 or more service, faith-based, and all other related orga- with other gang members.’’. States or Indian country that is designated as a nizations, as needed, to ensure effective oper- SEC. 216. AMENDMENT OF SENTENCING GUIDE- high intensity gang activity area under sub- ation of such teams through the sharing of in- LINES. section (b)(1). telligence and best practices and for any other (a) IN GENERAL.—Pursuant to its authority (3) INDIAN COUNTRY.—The term ‘‘Indian coun- related purpose. under section 994 of title 28, United States Code, try’’ has the meaning given the term in section (3) COMPOSITION OF CRIMINAL STREET GANG and in accordance with this section, the United 1151 of title 18, United States Code. ENFORCEMENT TEAM.—Each team established

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under paragraph (2)(A)(i) shall consist of agents and Budget and the Domestic Policy Council (3) NATIONAL CONFERENCE.—Not later than 90 and officers, where feasible, from— that describes, for each designated high inten- days after the date of its formation, the Insti- (A) the Federal Bureau of Investigation; sity gang activity area— tute shall design and conduct a national con- (B) the Drug Enforcement Administration; (A) the specific long-term and short-term goals ference to reduce and prevent gang violence, (C) the Bureau of Alcohol, Tobacco, Firearms, and objectives; and to teach and promote gang violence preven- and Explosives; (B) the measurements used to evaluate the tion, intervention, and reentry strategies. The (D) the United States Marshals Service; performance of the high intensity gang activity conference shall be attended by appropriate rep- (E) the Department of Homeland Security; area in achieving the long-term and short-term resentatives from criminal street gang enforce- (F) the Department of Housing and Urban De- goals; ment teams, and local collaborative working velopment; (C) the age, composition, and membership of groups, including representatives of edu- (G) State, local, and, where appropriate, trib- gangs; cational, community, religious, and social serv- al law enforcement; (D) the number and nature of crimes com- ice organizations, and gang program and policy (H) Federal, State, and local prosecutors; and mitted by gangs and gang members; research evaluators. (E) the definition of the term ‘‘gang’’ used to (I) the Bureau of Indian Affairs, Office of (4) NATIONAL DEMONSTRATION SITES.—Not Law Enforcement Services, where appropriate. compile that report; and later than 120 days after the date of its forma- (F) the programmatic outcomes and funding (4) CRITERIA FOR DESIGNATION.—In consid- tion, the Institute shall select appropriate need of the high intensity gang area, includ- ering an area for designation as a high intensity HIGAA areas to serve as primary national dem- ing— gang activity area under this section, the Attor- onstration sites, based on the nature, concentra- ney General shall consider— (i) an evidence-based analysis of the best practices and outcomes from the work of the rel- tion, and distribution of various gang types, the (A) the current and predicted levels of gang jurisdiction’s established capacity to integrate crime activity in the area; evant local collaborative working group; and (ii) an analysis of whether Federal resources prevention, intervention, re-entry and enforce- (B) the extent to which qualitative and quan- ment efforts, and the range of particular gang- titative data indicate that violent crime in the distributed meet the needs of the high intensity gang activity area and, if any programmatic related issues. After establishing primary na- area is related to criminal street gang activity, tional demonstration sites, the Institute shall es- such as murder, robbery, assaults, carjacking, funding shortfalls exist, recommendations for programs or funding to meet such shortfalls. tablish such other secondary sites, to be linked arson, kidnapping, extortion, drug trafficking, to and receive evaluation, research, and tech- and other criminal activity; (2) APPROPRIATE COMMITTEES.—In this sub- section, the term ‘‘appropriate committees of nical assistance through the primary sites, as it (C) the extent to which State, local, and, may determine appropriate. where appropriate, tribal law enforcement agen- Congress’’ means— (A) the Committee on the Judiciary, the Com- (5) DISSEMINATION OF INFORMATION.—Not cies, schools, community groups, social service mittee on Appropriations, and the Committee on later than 180 days after the date of its forma- agencies, job agencies, faith-based organiza- Health, Education, Labor, and Pensions of the tion, the Institute shall develop and begin dis- tions, and other organizations have committed Senate; and semination of information about methods to ef- resources to— (B) the Committee on the Judiciary, the Com- fectively reduce and prevent gang violence, in- (i) respond to the gang crime problem; and mittee on Appropriations, the Committee on cluding guides, research and assessment models, (ii) participate in a gang enforcement team; Education and Labor, and the Committee on case studies, evaluations, and best practices. (D) the extent to which a significant increase Energy and Commerce of the House of Rep- The Institute shall also create a website, de- in the allocation of Federal resources would en- resentatives. signed to support the implementation of success- hance local response to the gang crime activities (d) ADDITIONAL ASSISTANT UNITED STATES AT- ful gang violence prevention models, and dis- in the area; and TORNEYS.—The Attorney General is authorized seminate appropriate information to assist juris- (E) any other criteria that the Attorney Gen- to hire 94 additional Assistant United States at- dictions in reducing gang violence. eral considers to be appropriate. torneys, and nonattorney coordinators and (6) GANG INTERVENTION ACADEMIES.—Not later (5) RELATION TO HIDTAS.—If the Attorney paralegals as necessary, to carry out the provi- than 6 months after the date of its formation, General establishes a high intensity gang activ- sions of this section. the Institute shall, either directly or through ity area that substantially overlaps geographi- (e) ADDITIONAL DEFENSE COUNSEL.—In each contracts with qualified nonprofit organiza- cally with any existing high intensity drug traf- of the fiscal years 2008 through 2012, the Direc- tions, establish not less than 1 training acad- ficking area (in this section referred to as a tor of the Administrative Office of the United emy, located in a high intensity gang activity ‘‘HIDTA’’), the Attorney General shall direct States Courts is authorized to hire 71 additional area, to promote effective gang intervention and the local collaborative working group for that attorneys, nonattorney coordinators, and inves- community policing. The purposes of an acad- high intensity gang activity area to enter into tigators, as necessary, in Federal Defender Pro- emy established under this paragraph shall be an agreement with the Executive Board for that grams and Federal Community Defender Orga- to increase professionalism of gang intervention HIDTA, providing that— nizations, and to make additional payments as workers, improve officer training for working (A) the Executive Board of that HIDTA shall necessary to retain appointed counsel under sec- with gang intervention workers, create best establish a separate high intensity gang activity tion 3006A of title 18, United States Code, to practices for independent cooperation between area law enforcement steering committee, and adequately respond to any increased or ex- officers and intervention workers, and develop select (with a preference for Federal, State, and panded caseloads that may occur as a result of training for community policing. local law enforcement agencies that are within this Act or the amendments made by this Act. (7) SUPPORT.—The Institute shall obtain ini- the geographic area of that high intensity gang Funding under this subsection shall not exceed tial and continuing support from experienced re- activity area) the members of that committee, the funding levels under subsection (d). searchers and practitioners, as it determines subject to the concurrence of the Attorney Gen- (f) NATIONAL GANG RESEARCH, EVALUATION, necessary, to test and assist in implementing its eral; AND POLICY INSTITUTE.— strategies nationally, regionally, and locally. (B) the high intensity gang activity area law (1) IN GENERAL.—The Office of Justice Pro- (8) RESEARCH AGENDA.—The Institute shall es- enforcement steering committee established grams of the Department of Justice, after con- tablish and implement a core research agenda under subparagraph (A) shall administer the sulting with relevant law enforcement officials, designed to address areas of particular chal- funds provided under subsection (g)(1) for the practitioners and researchers, shall establish a lenge, including— criminal street gang enforcement team, after National Gang Research, Evaluation, and Pol- (A) how best to apply and continue to test the consulting with, and consistent with the goals icy Institute (in this subsection referred to as models described in paragraph (2) in particu- and strategies established by, that local collabo- the ‘‘Institute’’). larly large jurisdictions; rative working group; (2) ACTIVITIES.—The Institute shall— (B) how to foster and maximize the continuing (C) the high intensity gang activity area law (A) promote and facilitate the implementation impact of community moral voices in this con- enforcement steering committee established of data-driven, effective gang violence suppres- text; under subparagraph (A) shall select, from Fed- sion, prevention, intervention, and reentry mod- (C) how to ensure the long-term sustainability eral, State, and local law enforcement agencies els, such as the Operation Ceasefire model, the of reduced violent crime levels once initial levels within the geographic area of that high inten- Strategic Public Health Approach, the Gang Re- of enthusiasm may subside; and sity gang activity area, the members of the duction Program, or any other promising mu- (D) how to apply existing intervention frame- Criminal Street Gang Enforcement Team, in ac- nicipally driven, comprehensive community- works to emerging local, regional, national, or cordance with paragraph (3); and wide strategy that is demonstrated to be effec- international gang problems, such as the emer- (D) the Criminal Street Gang Enforcement tive in reducing gang violence; gence of the gang known as MS–13. Team of that high intensity gang activity area, (B) assist jurisdictions by conducting timely (9) EVALUATION.—The National Institute of and its law enforcement steering committee, research on effective models and designing and Justice shall evaluate, on a continuing basis, may, with approval of the Executive Board of promoting implementation of effective local comprehensive gang violence prevention, inter- the HIDTA with which it substantially overlaps, strategies, including programs that have objec- vention, suppression, and reentry strategies sup- utilize the intelligence-sharing, administrative, tives and data on how they reduce gang vio- ported by the Institute, and shall report the re- and other resources of that HIDTA. lence (including shootings and killings), using sults of these evaluations by no later than Octo- (c) REPORTING REQUIREMENTS.— prevention, outreach, and community ap- ber 1 each year to the Committee on the Judici- (1) IN GENERAL.—Not later than December 1 of proaches, and that demonstrate the efficacy of ary of the Senate and the Committee on the Ju- each year, the Attorney General shall submit a these approaches; and diciary of the House of Representatives. report to the appropriate committees of Congress (C) provide and contract for technical assist- (10) FUNDS.—The Attorney General shall use and the Director of the Office of Management ance as needed in support of its mission. not less than 3 percent, and not more than 5

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percent, of the amounts made available under (c) GRANT REQUIREMENTS.— be housed at and administered by the Depart- this section to establish and operate the Insti- (1) MAXIMUM.—The amount of a grant under ment of Justice. tute. this section may not exceed $1,000,000. (2) DESCRIPTION.—The database required by (g) USE OF FUNDS.—Of amounts made avail- (2) CONSULTATION AND COOPERATION.—Each paragraph (1) shall— able to a local collaborative working group recipient of a grant under this section shall (A) be designed to disseminate gang informa- under this section for each fiscal year that are have in effect on the date of the application by tion to law enforcement agencies throughout the remaining after the costs of hiring a full time that entity agreements to consult and cooperate country and, subject to appropriate controls, to coordinator for the local collaborative effort— with local, State, or Federal law enforcement disseminate aggregate statistical information to (1) 50 percent shall be used for the operation and participate, as appropriate, in coordinated other members of the criminal justice system, of criminal street gang enforcement teams; and efforts to reduce gang activity and violence. community leaders, academics, and the public; (2) 50 percent shall be used— (d) ANNUAL REPORT.—Each recipient of a (B) contain critical information on gangs, (A) to provide at-risk youth with positive al- grant under this section shall submit to the At- gang members, firearms, criminal activities, ve- ternatives to gangs and other violent groups and torney General, for each year in which funds hicles, and other information useful for inves- to address the needs of those who leave gangs from a grant received under this section are ex- tigators in solving and reducing gang-related and other violent groups through— pended, a report containing— crimes; (i) service providers in the community, includ- (1) a summary of the activities carried out (C) operate in a manner that enables law en- ing schools and school districts; and with grant funds during that year; forcement agencies to— (i) identify gang members involved in crimes; (ii) faith leaders and other individuals experi- (2) an assessment of the effectiveness of the (ii) track the movement of gangs and members enced at reaching youth who have been in- crime prevention, research, and intervention ac- volved in violence and violent gangs or groups; throughout the region; tivities of the recipient, based on data collected (iii) coordinate law enforcement response to (B) for the establishment and operation of the by the grant recipient; National Gang Research, Evaluation, and Pol- gang violence; (3) a strategic plan for the year following the (iv) enhance officer safety; icy Institute; and year described in paragraph (1); (v) provide realistic, up-to-date figures and (C) to support and provide technical assist- (4) evidence of consultation and cooperation statistical data on gang crime and violence; ance to research in criminal justice, social serv- with local, State, or Federal law enforcement or, (vi) forecast trends and respond accordingly; ices, and community gang violence prevention if the grant recipient is a government entity, and collaborations. evidence of consultation with an organization (vii) more easily solve crimes and prevent vio- (h) AUTHORIZATION OF APPROPRIATIONS.— engaged in any activity described in subsection lence; and There are authorized to be appropriated to carry (b); and (D) be subject to guidelines, issued by the At- out this section $75,000,000 for each of fiscal (5) such other information as the Attorney torney General, specifying the criteria for add- years 2008 through 2012. Any funds made avail- General may require. ing information to the database, the appropriate able under this subsection shall remain avail- (e) DEFINITION.—In this section, the term period for retention of such information, and a able until expended. ‘‘units of local government’’ includes sheriffs process for removing individuals from the data- SEC. 302. GANG PREVENTION GRANTS. departments, police departments, and local pros- base, and prohibiting disseminating gang infor- (a) AUTHORITY TO MAKE GRANTS.—The Office ecutor offices. mation to any entity that is not a law enforce- of Justice Programs of the Department of Justice (f) AUTHORIZATION OF APPROPRIATIONS.— ment agency, except aggregate statistical infor- may make grants, in accordance with such regu- There are authorized to be appropriated for mation where appropriate. lations as the Attorney General may prescribe, grants under this section $35,000,000 for each of (3) USE OF RISS SECURE INTRANET.—From to States, units of local government, tribal gov- the fiscal years 2008 through 2012. amounts made available to carry out this sec- ernments, and qualified private entities, to de- SEC. 303. ENHANCEMENT OF PROJECT SAFE tion, the Attorney General shall provide the Re- velop community-based programs that provide NEIGHBORHOODS INITIATIVE TO IM- gional Information Sharing Systems such sums crime prevention, research, and intervention PROVE ENFORCEMENT OF CRIMINAL as are necessary to use the secure intranet services that are designed for gang members and LAWS AGAINST VIOLENT GANGS. known as RISSNET to electronically connect ex- at-risk youth. (a) IN GENERAL.—While maintaining the focus isting gang information systems (including the (b) USE OF GRANT AMOUNTS.—A grant under of Project Safe Neighborhoods as a comprehen- RISSGang National Gang Database) with the this section may be used (including through sive, strategic approach to reducing gun vio- National Gang Activity Database, thereby facili- subgrants) for— lence in America, the Attorney General is au- tating the automated information exchange of (1) preventing initial gang recruitment and in- thorized to expand the Project Safe Neighbor- existing gang data by all connected systems volvement among younger teenagers; hoods program to require each United States at- without the need for additional databases or (2) reducing gang involvement through non- torney to— data replication. violent and constructive activities, such as com- (1) identify, investigate, and prosecute signifi- (c) AUTHORIZATION OF APPROPRIATIONS.— munity service programs, development of non- cant criminal street gangs operating within (1) IN GENERAL.—In addition to amounts oth- violent conflict resolution skills, employment their district; and erwise authorized, there are authorized to be and legal assistance, family counseling, and (2) coordinate the identification, investiga- appropriated to the Attorney General $10,000,000 other safe, community-based alternatives for tion, and prosecution of criminal street gangs for each of fiscal years 2008 through 2012 to high-risk youth; among Federal, State, and local law enforce- carry out this section. (3) developing in-school and after-school gang ment agencies. (2) AVAILABILITY.—Any amounts appropriated safety, control, education, and resistance proce- (b) ADDITIONAL STAFF FOR PROJECT SAFE under paragraph (1) shall remain available dures and programs; NEIGHBORHOODS.— until expended. (4) identifying and addressing early childhood (1) IN GENERAL.—The Attorney General may SEC. 305. GRANTS TO PROSECUTORS AND LAW risk factors for gang involvement, including par- hire Assistant United States attorneys, non-at- ENFORCEMENT TO COMBAT VIO- ent training and childhood skills development; torney coordinators, or paralegals to carry out LENT CRIME. (a) IN GENERAL.—Section 31702 of the Violent (5) identifying and fostering protective factors the provisions of this section. Crime Control and Law Enforcement Act of 1994 that buffer children and adolescents from gang (2) ENFORCEMENT.—The Attorney General involvement; may hire Bureau of Alcohol, Tobacco, Firearms, (42 U.S.C. 13862) is amended— (1) in paragraph (3), by striking ‘‘and’’ at the (6) developing and identifying investigative and Explosives agents for, and otherwise expend programs designed to deter gang recruitment, in- end; additional resources in support of, the Project (2) in paragraph (4), by striking the period at volvement, and activities through effective intel- Safe Neighborhoods/Firearms Violence Reduc- the end and inserting a semicolon; and ligence gathering; tion program. (3) by adding at the end the following: (7) developing programs and youth centers for (3) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(5) to hire additional prosecutors to— first-time nonviolent offenders facing alter- There are authorized to be appropriated ‘‘(A) allow more cases to be prosecuted; and native penalties, such as mandated participa- $20,000,000 for each of fiscal years 2008 through ‘‘(B) reduce backlogs; and tion in community service, restitution, coun- 2012 to carry out this section. Any funds made ‘‘(6) to fund technology, equipment, and seling, and education and prevention programs; available under this paragraph shall remain training for prosecutors and law enforcement in (8) implementing regional, multidisciplinary available until expended. order to increase accurate identification of gang approaches to combat gang violence though co- SEC. 304. ADDITIONAL RESOURCES NEEDED BY members and violent offenders, and to maintain ordinated programs for prevention and interven- THE FEDERAL BUREAU OF INVES- databases with such information to facilitate co- tion (including street outreach programs and TIGATION TO INVESTIGATE AND ordination among law enforcement and prosecu- other peacemaking activities) or coordinated law PROSECUTE VIOLENT CRIMINAL tors.’’. enforcement activities (including regional gang STREET GANGS. (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- task forces and regional crime mapping strate- (a) EXPANSION OF SAFE STREETS PROGRAM.— tion 31707 of the Violent Crime Control and Law gies that enhance focused prosecutions and re- The Attorney General is authorized to expand Enforcement Act of 1994 (42 U.S.C. 13867) is integration strategies for offender reentry); or the Safe Streets Program of the Federal Bureau amended to read as follows: (9) identifying at-risk and high-risk students of Investigation for the purpose of supporting ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIA- through home visits organized through joint col- criminal street gang enforcement teams. TIONS. laborations between law enforcement, faith- (b) NATIONAL GANG ACTIVITY DATABASE.— ‘‘There are authorized to be appropriated based organizations, schools, and social work- (1) IN GENERAL.—The Attorney General shall $20,000,000 for each of the fiscal years 2008 ers. establish a National Gang Activity Database to through 2012 to carry out this subtitle.’’.

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0637 Sfmt 6333 E:\CR\FM\A21SE6.032 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11961

SEC. 306. EXPANSION AND REAUTHORIZATION OF (f) REPORT TO CONGRESS.—Not later than Feb- shall submit an application to the Attorney THE MENTORING INITIATIVE FOR ruary 1 of each year, the Attorney General shall General at such time, in such manner, and ac- SYSTEM INVOLVED YOUTH. submit to Congress a report describing the extent companied by such information as the Attorney (a) EXPANSION.—Section 261(a) of the Juvenile to which the approaches under subsection (a) General may reasonably require. Justice and Delinquency Prevention Act of 1974 have been successful in reducing the rate of (B) CONTENTS.—Each application submitted (42 U.S.C. 5665(a)) is amended by adding at the gang activity in the communities in which the under subparagraph (A) shall— end the following: ‘‘The Administrator shall ex- approaches have been carried out. Each report pand the number of sites receiving such grants (i) describe the activities for which assistance under this subsection shall describe the various under this subsection is sought; and from 4 to 12.’’. approaches used under subsection (a) and the (b) AUTHORIZATION OF PROGRAM.—Section (ii) provide such additional assurances as the effectiveness of each of the approaches. Attorney General determines to be essential to 299(c) of the Juvenile Justice and Delinquency (g) AUTHORIZATION OF APPROPRIATIONS.— ensure compliance with the requirements of this Prevention Act of 1974 (42 U.S.C. 5671(c)) is There are authorized to be appropriated subsection. amended— $5,000,000 to carry out this section for each of (1) by striking ‘‘There are authorized’’ and in- the fiscal years 2008 through 2012. (4) AUTHORIZATION OF APPROPRIATIONS.— serting the following: There are authorized to be appropriated to carry SEC. 308. SHORT-TERM STATE WITNESS PROTEC- ‘‘(1) IN GENERAL.—There are authorized’’; and out this subsection $90,000,000 for each of fiscal TION SECTION. (2) by adding at the end the following: years 2008 through 2010. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR (a) ESTABLISHMENT.— N GENERAL SEC. 309. WITNESS PROTECTION SERVICES. MENTORING INITIATIVE.—There are authorized to (1) I .—Chapter 37 of title 28, United be appropriated to carry out the Mentoring Ini- States Code, is amended by adding at the end Section 3526 of title 18, United States Code tiative for System Involved Youth Program the following: (Cooperation of other Federal agencies and under part E $4,800,000 for each of fiscal years ‘‘§ 570. Short-Term State Witness Protection State governments; reimbursement of expenses) 2008 through 2012.’’. Section is amended by adding at the end the following: SEC. 307. DEMONSTRATION GRANTS TO ENCOUR- ‘‘(a) IN GENERAL.—There is established in the ‘‘(c) In any case in which a State government AGE CREATIVE APPROACHES TO United States Marshals Service a Short-Term requests the Attorney General to provide tem- GANG ACTIVITY AND AFTER-SCHOOL State Witness Protection Section which shall porary protection under section 3521(e) of this PROGRAMS. provide protection for witnesses in State and title, the costs of providing temporary protection (a) IN GENERAL.—The Attorney General may local trials involving homicide or other major are not reimbursable if the investigation or pros- make grants to public or nonprofit private enti- violent crimes pursuant to cooperative agree- ecution in any way relates to crimes of violence ties (including faith-based organizations) for ments with State and local criminal prosecutor’s committed by a criminal street gang, as defined the purpose of assisting the entities in carrying offices and the United States attorney for the under the laws of the relevant State seeking as- out projects involving innovative approaches to District of Columbia. sistance under this title.’’. combat gang activity. ‘‘(b) ELIGIBILITY.— SEC. 310. EXPANSION OF FEDERAL WITNESS RE- (b) CERTAIN APPROACHES.—Approaches under ‘‘(1) IN GENERAL.—The Short-Term State Wit- LOCATION AND PROTECTION PRO- subsection (a) may include the following: ness Protection Section shall give priority in GRAM. (1) Encouraging teen-driven approaches to awarding grants and providing services to— Section 3521(a)(1) of title 18 is amended by in- gang activity prevention. ‘‘(A) criminal prosecutor’s offices for States serting ‘‘, criminal street gang, serious drug of- (2) Educating parents to recognize signs of with an average of not less than 100 murders per fense, homicide,’’ after ‘‘organized criminal ac- problems and potential gang involvement in year; and tivity’’. their children. ‘‘(B) criminal prosecutor’s offices for jurisdic- (3) Teaching parents the importance of a nur- SEC. 311. FAMILY ABDUCTION PREVENTION tions that include a city, town, or township turing family and home environment to keep GRANT PROGRAM. with an average violent crime rate per 100,000 children out of gangs. (a) STATE GRANTS.—The Attorney General is inhabitants that is above the national average. (4) Facilitating communication between par- authorized to make grants to States for projects ‘‘(2) CALCULATION.—The rate of murders and ents and children, especially programs that involving— violent crime under paragraph (1) shall be cal- have been evaluated and proven effective. culated using the latest available crime statistics (1) the extradition of individuals suspected of (c) MATCHING FUNDS.— committing a family abduction; (1) IN GENERAL.—The Attorney General may from the Federal Bureau of Investigation during (2) the investigation by State and local law make a grant under this section only if the enti- 5-year period immediately preceding an applica- enforcement agencies of family abduction cases; ty receiving the grant agrees to make available tion for protection.’’. (3) the training of State and local law enforce- (directly or through donations from public or (2) CHAPTER ANALYSIS.—The chapter analysis ment agencies in responding to family abduc- private entities) non-Federal contributions to- for chapter 37 of title 28, United States Code, is tions and recovering abducted children, includ- ward the cost of activities to be performed with amended by striking the items relating to sec- ing the development of written guidelines and that grant in an amount that is not less than 25 tions 570 through 576 and inserting the fol- technical assistance; percent of such costs. lowing: (2) DETERMINATION OF AMOUNT CONTRIB- ‘‘570. Short-Term State Witness Protection Sec- (4) outreach and media campaigns to educate UTED.—Non-Federal contributions required tion.’’. parents on the dangers of family abductions; under paragraph (1) may be in cash or in kind, (b) GRANT PROGRAM.— and fairly evaluated, including facilities, equipment, (1) DEFINITIONS.—In this subsection— (5) the flagging of school records. or services. Amounts provided by the Federal (A) the term ‘‘eligible prosecutor’s office’’ (b) MATCHING REQUIREMENT.—Not less than Government, or services assisted or subsidized to means a State or local criminal prosecutor’s of- 50 percent of the cost of a project for which a any significant extent by the Federal Govern- fice or the United States attorney for the Dis- grant is made under this section shall be pro- ment, may not be included in determining the trict of Columbia; and vided by non-Federal sources. amount of such non-Federal contributions. (B) the term ‘‘serious violent felony’’ has the (c) DEFINITIONS.—In this section: same meaning as in section 3559(c)(2) of title 18, (d) EVALUATION OF PROJECTS.— (1) FAMILY ABDUCTION.—-The term ‘‘family United States Code. (1) IN GENERAL.—The Attorney General shall abduction’’ means the taking, keeping, or con- (2) GRANTS AUTHORIZED.— establish criteria for the evaluation of projects cealing of a child or children by a parent, other (A) IN GENERAL.—The Attorney General is au- involving innovative approaches under sub- family member, or person acting on behalf of the thorized to make grants to eligible prosecutor’s section (a). parent or family member, that prevents another offices for purposes of identifying witnesses in (2) GRANTEES.—A grant may be made under individual from exercising lawful custody or vis- need of protection or providing short term pro- subsection (a) only if the entity involved— itation rights. (A) agrees to conduct evaluations of the ap- tection to witnesses in trials involving homicide proach in accordance with the criteria estab- or serious violent felony. (2) FLAGGING.—The term ‘‘flagging’’ means lished under paragraph (1); (B) ALLOCATION.—Each eligible prosecutor’s the process of notifying law enforcement au- (B) agrees to submit to the Attorney General office receiving a grant under this subsection thorities of the name and address of any person reports describing the results of the evaluations, may— requesting the school records of an abducted as the Attorney General determines to be appro- (i) use the grant to identify witnesses in need child. priate; and of protection or provide witness protection (in- (3) STATE.—The term ‘‘State’’ means each of (C) submits to the Attorney General, in the cluding tattoo removal services); or the several States, the District of Columbia, the application under subsection (e), a plan for con- (ii) pursuant to a cooperative agreement with Commonwealth of Puerto Rico, the Common- ducting the evaluations. the Short-Term State Witness Protection Section wealth of the Northern Mariana Islands, Amer- (e) APPLICATION FOR GRANT.—A public or of the United States Marshals Service, credit the ican Samoa, Guam, the Virgin Islands, any ter- nonprofit private entity desiring a grant under grant to the Short-Term State Witness Protec- ritory or possession of the United States, and this section shall submit an application in such tion Section to cover the costs to the section of any Indian tribe. form, in such manner, and containing such providing witness protection on behalf of the eli- (d) AUTHORIZATION OF APPROPRIATIONS.— agreements, assurances, and information (in- gible prosecutor’s office. There are authorized to be appropriated to carry cluding the agreements under subsections (c) (3) APPLICATION.— out this section $500,000 for fiscal year 2008 and and (d) and the plan under subsection (d)(2)(C)) (A) IN GENERAL.—Each eligible prosecutor’s such sums as may be necessary for each of fiscal as the Attorney General determines appropriate. office desiring a grant under this subsection years 2009 and 2010.

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0637 Sfmt 6333 E:\CR\FM\A21SE6.033 S21SEPT1 bajohnson on PRODPC61 with SENATE S11962 CONGRESSIONAL RECORD — SENATE September 21, 2007 SEC. 312. STUDY ON ADOLESCENT DEVELOPMENT and local prosecutors and enhancing the ability (A) 3 shall be appointed by the President, 1 of AND SENTENCES IN THE FEDERAL of Federal, State, and local prosecutors to work whom shall be the Assistant Attorney General SYSTEM. together. for the Office of Justice Programs or a rep- (a) IN GENERAL.—The United States Sen- (b) TRAINING.—The National Advocacy Center resentative of such Assistant Attorney General; tencing Commission shall conduct a study to ex- in Columbia, South Carolina may provide com- (B) 2 shall be appointed by the Speaker of the amine the appropriateness of sentences for mi- prehensive continuing legal education in the House of Representatives, unless the Speaker is nors in the Federal system. areas of trial practice, substantive legal up- of the same party as the President, in which (b) CONTENTS.—The study conducted under dates, and support staff training. case 1 shall be appointed by the Speaker of the subsection (a) shall— (c) AUTHORIZATION OF APPROPRIATIONS.— House of Representatives and 1 shall be ap- (1) incorporate the most recent research and There are authorized to be appropriated to the pointed by the minority leader of the House of expertise in the field of adolescent brain devel- Attorney General to carry out this section Representatives; opment and culpability; $6,500,000, to remain available until expended, (C) 1 shall be appointed by the minority leader (2) evaluate the toll of juvenile crime, particu- for fiscal years 2008 through 2011. of the House of Representatives (in addition to larly violent juvenile crime, on communities; any appointment made under subparagraph (3) consider the appropriateness of life sen- TITLE IV—CRIME PREVENTION AND (B)); tences without possibility for parole for minor INTERVENTION STRATEGIES (D) 2 shall be appointed by the majority lead- offenders in the Federal system; and SEC. 401. SHORT TITLE. er of the Senate, unless the majority leader is of (4) evaluate issues of recidivism by juveniles This title may be cited as the ‘‘Prevention Re- the same party as the President, in which case who are released from prison or detention after sources for Eliminating Criminal Activity Using 1 shall be appointed by the majority leader of serving determinate sentences. Tailored Interventions in Our Neighborhoods the Senate and 1 shall be appointed by the mi- (c) REPORT.—Not later than 1 year after the Act of 2007’’ or the ‘‘PRECAUTION Act’’. nority leader of the Senate; and date of enactment of this Act, the United States SEC. 402. PURPOSES. (E) 1 member appointed by the minority leader Sentencing Commission shall submit to Congress The purposes of this title are to— of the Senate (in addition to any appointment a report regarding the study conducted under (1) establish a commitment on the part of the made under subparagraph (D)). subsection (a), which shall— Federal Government to provide leadership on (2) PERSONS ELIGIBLE.— (1) include the findings of the Commission; successful crime prevention and intervention (A) IN GENERAL.—Each member of the Com- (2) describe significant cases reviewed as part strategies; mission shall be an individual who has knowl- of the study; and (2) further the integration of crime prevention edge or expertise in matters to be studied by the (3) make recommendations, if any. and intervention strategies into traditional law Commission. (d) REVISION OF GUIDELINES.—If determined enforcement practices of State and local law en- appropriate by the United States Sentencing forcement offices around the country; (B) REQUIRED REPRESENTATIVES.—At least— Commission, after completing the study under (3) develop a plain-language, implementation- (i) 2 members of the Commission shall be re- subsection (a) the Commission may, pursuant to focused assessment of those current crime and spected social scientists with experience imple- its authority under section 994 of title 28, United delinquency prevention and intervention strate- menting or interpreting rigorous, outcome-based States Code, establish or revise guidelines and gies that are supported by rigorous evidence; trials; and policy statements, as warranted, relating to the (4) provide additional resources to the Na- (ii) 2 members of the Commission shall be law sentencing of minors under this Act or the tional Institute of Justice to administer research enforcement practitioners. amendments made by this Act. and development grants for promising crime pre- (3) CONSULTATION REQUIRED.—The President, SEC. 313. NATIONAL YOUTH ANTI-HEROIN MEDIA vention and intervention strategies; the Speaker of the House of Representatives, the CAMPAIGN. (5) develop recommendations for Federal pri- minority leader of the House of Representatives, Section 709 of the Office of National Drug orities for crime and delinquency prevention and the majority leader and minority leader of Control Policy Reauthorization Act of 1998 (21 and intervention research, development, and the Senate shall consult prior to the appoint- U.S.C. 1708) is amended— funding that may augment important Federal ment of the members of the Commission to (1) by redesignating subsections (k) and (l) as grant programs, including the Edward Byrne achieve, to the maximum extent possible, fair subsections (l) and (m), respectively; and Memorial Justice Assistance Grant Program and equitable representation of various points of (2) by inserting after subsection (j) the fol- under subpart 1 of part E of title I of the Omni- view with respect to the matters to be studied by lowing: bus Crime Control and Safe Streets Act of 1968 the Commission. ‘‘(k) PREVENTION OF HEROIN ABUSE.— (42 U.S.C. 3750 et seq.), grant programs adminis- (4) TERM.—Each member shall be appointed ‘‘(1) FINDINGS.—Congress finds the following: tered by the Office of Community Oriented Po- for the life of the Commission. ‘‘(A) Heroin, and particularly the form known licing Services of the Department of Justice, (5) TIME FOR INITIAL APPOINTMENTS.—The ap- as ‘cheese heroin’ (a drug made by mixing black grant programs administered by the Office of pointment of the members shall be made not tar heroin with diphenhydramine), poses a sig- Safe and Drug-Free Schools of the Department later than 60 days after the date of enactment of nificant and increasing threat to youth in the of Education, and other similar programs; and this Act. United States. (6) reduce the costs that rising violent crime (6) VACANCIES.—A vacancy in the Commission ‘‘(B) Drug organizations import heroin from imposes on interstate commerce. shall be filled in the manner in which the origi- outside of the United States, mix the highly ad- SEC. 403. DEFINITIONS. nal appointment was made, and shall be made dictive drug with diphenhydramine, and dis- In this title, the following definitions shall not later than 60 days after the date on which tribute it mostly to youth. apply: the vacancy occurred. ‘‘(C) Since the initial discovery of cheese her- (1) COMMISSION.—The term ‘‘Commission’’ (7) EX OFFICIO MEMBERS.—The Director of the oin on Dallas school campuses in 2005, at least means the National Commission on Public Safe- National Institute of Justice, the Director of the 21 minors have died after overdosing on cheese ty Through Crime Prevention established under Office of Juvenile Justice and Delinquency Pre- heroin in Dallas County. section 404(a). vention, the Director of the Community Capac- ‘‘(D) The number of arrests involving posses- (2) RIGOROUS EVIDENCE.—The term ‘‘rigorous ity Development Office, the Director of the Bu- sion of cheese heroin in the Dallas area during evidence’’ means evidence generated by scientif- reau of Justice Statistics, the Director of the Bu- the 2006–2007 school year increased over 60 per- ically valid forms of outcome evaluation, par- reau of Justice Assistance, and the Director of cent from the previous school year. ticularly randomized trials (where practicable). Community Oriented Policing Services (or a rep- ‘‘(E) The ease of communication via the Inter- (3) SUBCATEGORY.—The term ‘‘subcategory’’ resentative of each such director) shall each net and cell phones allows a drug trend to means 1 of the following categories: serve in an ex officio capacity on the Commis- spread rapidly across the country, creating a (A) Family and community settings (including sion to provide advice and information to the national threat. public health-based strategies). Commission. ‘‘(F) Gangs recruit youth as new members by (B) Law enforcement settings (including pro- (c) OPERATION.— providing them with this inexpensive drug. bation-based strategies). (1) CHAIRPERSON.—At the initial meeting of ‘‘(G) Reports show that there is rampant igno- (C) School settings (including antigang and the Commission, the members of the Commission rance among youth about the dangerous and general antiviolence strategies). shall elect a chairperson from among its voting potentially fatal effects of cheese heroin. (4) TOP-TIER.—The term ‘‘top-tier’’ means any members, by a vote of 2⁄3 of the members of the ‘‘(2) PREVENTION OF HEROIN ABUSE.—In con- strategy supported by rigorous evidence of the Commission. The chairperson shall retain this ducting advertising and activities otherwise au- sizable, sustained benefits to participants in the position for the life of the Commission. If the thorized under this section, the Director shall strategy or to society. chairperson leaves the Commission, a new chair- 2 promote prevention of youth heroin use, includ- SEC. 404. NATIONAL COMMISSION ON PUBLIC person shall be selected, by a vote of ⁄3 of the ing cheese heroin.’’. SAFETY THROUGH CRIME PREVEN- members of the Commission. SEC. 314. TRAINING AT THE NATIONAL ADVOCACY TION. (2) MEETINGS.—The Commission shall meet at CENTER. (a) ESTABLISHMENT.—There is established a the call of the chairperson. The initial meeting (a) IN GENERAL.—The National District Attor- commission to be known as the National Com- of the Commission shall take place not later neys Association may use the services of the Na- mission on Public Safety Through Crime Pre- than 30 days after the date on which all the tional Advocacy Center in Columbia, South vention. members of the Commission have been ap- Carolina to conduct a national training pro- (b) MEMBERS.— pointed. gram for State and local prosecutors for the pur- (1) IN GENERAL.—The Commission shall be (3) QUORUM.—A majority of the members of pose of improving the professional skills of State composed of 9 members, of whom— the Commission shall constitute a quorum to

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0637 Sfmt 6333 E:\CR\FM\A21SE6.033 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11963 conduct business, and the Commission may es- (II) a brief outline of the keys to successful at least once in the second and once in the third tablish a lesser quorum for conducting hearings implementation for each strategy; and year of that grant; scheduled by the Commission. (III) a list of references and other information (C) a review of the data generated by the (4) RULES.—The Commission may establish by on where further information on each strategy study monitoring the effectiveness of the strat- majority vote any other rules for the conduct of can be found; egy; and Commission business, if such rules are not in- (iii) recommended protocols for implementing (D) other means as necessary. consistent with this title or other applicable law. crime and delinquency prevention and interven- (3) MATTERS INCLUDED.—The report submitted (d) PUBLIC HEARINGS.— tion strategies generally; under paragraph (1) shall include a review of (1) IN GENERAL.—The Commission shall hold (iv) recommended protocols for evaluating the each strategy carried out with a grant under public hearings. The Commission may hold such effectiveness of crime and delinquency preven- section 405, detailing— hearings, sit and act at such times and places, tion and intervention strategies; and (A) the type of crime or delinquency preven- take such testimony, and receive such evidence (v) a summary of the materials relied upon by tion or intervention strategy; as the Commission considers advisable to carry the Commission in preparation of the report. (B) where the activities under the strategy were carried out, including geographic and de- out its duties under this section. (C) CONSULTATION WITH OUTSIDE AUTHORI- mographic targets; (2) FOCUS OF HEARINGS.—The Commission TIES.—In developing the recommended protocols (C) any partnerships with public or private shall hold at least 3 separate public hearings, for implementation and rigorous evaluation of entities through the course of the grant period; each of which shall focus on 1 of the subcat- top-tier crime and delinquency prevention and (D) the type and design of the effectiveness egories. intervention strategies under this paragraph, study conducted under section 405(b)(3) for that (3) WITNESS EXPENSES.—Witnesses requested the Commission shall consult with the Com- strategy; to appear before the Commission shall be paid mittee on Law and Justice at the National (E) the results of the effectiveness study con- the same fees as are paid to witnesses under sec- Academy of Science and with national associa- ducted under section 405(b)(3) for that strategy; tion 1821 of title 28, United States Code. The per tions representing the law enforcement and so- (F) lessons learned regarding implementation diem and mileage allowances for witnesses shall cial science professions, including the National of that strategy or of the effectiveness study be paid from funds appropriated to the Commis- Sheriffs’ Association, the Police Executive Re- conducted under section 405(b)(3), including rec- sion. search Forum, the International Association of ommendations regarding which types of envi- (e) COMPREHENSIVE STUDY OF EVIDENCE- Chiefs of Police, the Consortium of Social ronments might best be suited for successful rep- BASED CRIME PREVENTION AND INTERVENTION Science Associations, and the American Society lication; and STRATEGIES.— of Criminology. (G) recommendations regarding the need for (1) IN GENERAL.—The Commission shall carry (f) RECOMMENDATIONS REGARDING DISSEMINA- further research and development of the strat- out a comprehensive study of the effectiveness TION OF THE INNOVATIVE CRIME PREVENTION egy. of crime and delinquency prevention and inter- AND INTERVENTION STRATEGY GRANTS.— (h) PERSONNEL MATTERS.— vention strategies, organized around the 3 sub- (1) SUBMISSION.— (1) TRAVEL EXPENSES.—The members of the categories. (A) IN GENERAL.—Not later than 30 days after Commission shall be allowed travel expenses, in- (2) MATTERS INCLUDED.—The study under the date of the final hearing under subsection cluding per diem in lieu of subsistence, at rates paragraph (1) shall include— (d) relating to a subcategory, the Commission authorized for employees of agencies under sub- (A) a review of research on the general effec- shall provide the Director of the National Insti- chapter I of chapter 57 of title 5, United States tiveness of incorporating crime prevention and tute of Justice with recommendations on quali- Code, while away from their homes or regular intervention strategies into an overall law en- fying considerations relating to that sub- places of business in the performance of service forcement plan; category for selecting grant recipients under sec- for the Commission. (B) an evaluation of how to more effectively tion 405. (2) COMPENSATION OF MEMBERS.—Members of communicate the wealth of social science re- (B) DEADLINE.—Not later than 13 months the Commission shall serve without compensa- search to practitioners; after the date on which all members of the Com- tion. (C) a review of evidence regarding the effec- mission have been appointed, the Commission (3) STAFF.— (A) IN GENERAL.—The chairperson of the Com- tiveness of specific crime prevention and inter- shall provide all recommendations required mission may, without regard to the civil service vention strategies, focusing on those strategies under this subsection. laws and regulations, appoint and terminate an supported by rigorous evidence; (2) MATTERS INCLUDED.—The recommenda- executive director and such other additional (D) an identification of— tions provided under paragraph (1) shall in- personnel as may be necessary to enable the (i) promising areas for further research and clude recommendations relating to— Commission to perform its duties. The employ- development; and (A) the types of strategies for the applicable ment of an executive director shall be subject to (ii) other areas representing gaps in the body subcategory that would best benefit from addi- confirmation by the Commission. of knowledge that would benefit from additional tional research and development; research and development; (B) COMPENSATION.—The chairperson of the (B) any geographic or demographic targets; Commission may fix the compensation of the ex- (E) an assessment of the best practices for im- (C) the types of partnerships with other public ecutive director and other personnel without re- plementing prevention and intervention strate- or private entities that might be pertinent and gies; gard to the provisions of chapter 51 and sub- prioritized; and chapter III of chapter 53 of title 5, United States (F) an assessment of the best practices for (D) any classes of crime and delinquency pre- Code, relating to classification of positions and gathering rigorous evidence regarding the imple- vention and intervention strategies that should mentation of intervention and prevention strate- General Schedule pay rates, except that the rate not be given priority because of a pre-existing of pay for the executive director and other per- gies; and base of knowledge that would benefit less from (G) an assessment of those top-tier strategies sonnel may not exceed the rate payable for level additional research and development. best suited for duplication efforts in a range of V of the Executive Schedule under section 5316 (g) FINAL REPORT ON THE RESULTS OF THE IN- settings across the country. of such title. NOVATIVE CRIME PREVENTION AND INTERVENTION (3) INITIAL REPORT ON TOP-TIER CRIME PRE- (4) DETAIL OF FEDERAL EMPLOYEES.—With the STRATEGY GRANTS.— VENTION AND INTERVENTION STRATEGIES.— affirmative vote of 2⁄3 of the members of the Com- (1) IN GENERAL.—Following the close of the 3- (A) DISTRIBUTION.—Not later than 18 months mission, any Federal Government employee, year implementation period for each grant re- after the date on which all members of the Com- with the approval of the head of the appropriate cipient under section 405, the Commission shall mission have been appointed, the Commission Federal agency, may be detailed to the Commis- collect the results of the study of the effective- shall submit a public report on the study carried sion without reimbursement, and such detail ness of that grant under section 405(b)(3) and out under this subsection to— shall be without interruption or loss of civil (i) the President; shall submit a public report to the President, the service status, benefits, or privileges. (ii) Congress; Attorney General, Congress, the chief executive (i) CONTRACTS FOR RESEARCH.— (iii) the Attorney General; of each State, and the attorney general of each (1) NATIONAL INSTITUTE OF JUSTICE.—With a (iv) the Chief Federal Public Defender of each State describing each strategy funded under sec- 2⁄3 affirmative vote of the members of the Com- district; tion 405 and its results. This report shall be sub- mission, the Commission may select nongovern- (v) the chief executive of each State; mitted not later than 5 years after the date of mental researchers and experts to assist the (vi) the Director of the Administrative Office the selection of the chairperson of the Commis- Commission in carrying out its duties under this of the Courts of each State; sion. title. The National Institute of Justice shall con- (vii) the Director of the Administrative Office (2) COLLECTION OF INFORMATION AND EVI- tract with the researchers and experts selected of the United States Courts; and DENCE REGARDING GRANT RECIPIENTS.—The Com- by the Commission to provide funding in ex- (viii) the attorney general of each State. mission’s collection of information and evidence change for their services. (B) CONTENTS.—The report under subpara- regarding each grant recipient under section 405 (2) OTHER ORGANIZATIONS.—Nothing in this graph (A) shall include— shall be carried out by— subsection shall be construed to limit the ability (i) the findings and conclusions of the Com- (A) ongoing communications with the grant of the Commission to enter into contracts with mission; administrator at the National Institute of Jus- other entities or organizations for research nec- (ii) a summary of the top-tier strategies, in- tice; essary to carry out the duties of the Commission cluding— (B) visits by representatives of the Commission under this section. (I) a review of the rigorous evidence sup- (including at least 1 member of the Commission) (j) AUTHORIZATION OF APPROPRIATIONS.— porting the designation of each strategy as top- to the site where the grant recipient is carrying There are authorized to be appropriated tier; out the strategy with a grant under section 405, $5,000,000 to carry out this section.

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0637 Sfmt 6333 E:\CR\FM\A21SE6.033 S21SEPT1 bajohnson on PRODPC61 with SENATE S11964 CONGRESSIONAL RECORD — SENATE September 21, 2007 (k) TERMINATION.—The Commission shall ter- (d) APPLICATIONS.—A public or private entity pansive juvenile transfer provisions minate on the date that is 30 days after the date desiring a grant under this section shall submit that were among my strongest objec- on which the Commission submits the last report an application at such time, in such manner, tions to some past proposals. Further, required by this section. and accompanied by such information as the Senator FEINSTEIN has worked with me (l) EXEMPTION.—The Commission shall be ex- Director of the National Institute of Justice may empt from the Federal Advisory Committee Act. reasonably require. and others to ensure that this bill will SEC. 405. INNOVATIVE CRIME PREVENTION AND (e) COOPERATION WITH THE COMMISSION.— provide some of the resources nec- INTERVENTION STRATEGY GRANTS. Grant recipients shall cooperate with the Com- essary to reverse the policies of this (a) GRANTS AUTHORIZED.—The Director of the mission in providing them with full information administration, which have neglected National Institute of Justice may make grants to on the progress of the strategy being carried out the officers who combat gang violence public and private entities to fund the imple- with a grant under this section, including— on a daily basis and the organizations mentation and evaluation of innovative crime or (1) hosting visits by the members of the Com- that work to keep children out of delinquency prevention or intervention strate- mission to the site where the activities under the gangs. I particularly appreciate provi- gies. The purpose of grants under this section strategy are being carried out; shall be to provide funds for all expenses related (2) providing pertinent information on the lo- sions in the bill to provide up to $1 bil- to the implementation of such a strategy and to gistics of establishing the strategy for which the lion over 10 years to support collabo- conduct a rigorous study on the effectiveness of grant under this section was received, including rative law enforcement and community that strategy. details on partnerships, selection of partici- prevention efforts, with a significant (b) GRANT DISTRIBUTION.— pants, and any efforts to publicize the strategy; portion of that amount going to civic (1) PERIOD.—A grant under this section shall and groups for innovative prevention pro- be made for a period of not more than 3 years. (3) responding to any specific inquiries that grams that truly work to reduce gang (2) AMOUNT.—The amount of each grant may be made by the Commission. under this section— violence. (A) shall be sufficient to ensure that rigorous Mr. LEAHY. Mr. President, today the I have long said that I don’t believe evaluations may be performed; and Senate considers The Gang Abatement that sweeping new Federal crimes, (B) shall not exceed $2,000,000. and Prevention Act of 2007, a bill con- which federalize the kind of street (3) EVALUATION SET-ASIDE.— cerned with the Nation’s growing gang crime that States have traditionally (A) IN GENERAL.—A grantee shall use not less problem. I want to thank Senator FEIN- than $300,000 and not more than $700,000 of the addressed and can handle with the STEIN for her tireless work on this issue funds from a grant under this section for a rig- right resources and assistance, are the orous study of the effectiveness of the strategy over many years and, in particular, for right way to go. The bill still contains during the 3-year period of the grant for that working diligently with me to address more emphasis on federalizing crime strategy. my concerns and to formulate what I and mandating sentences than I would (B) METHODOLOGY OF STUDY.— hope we all agree is an even better like. But I have tried to work with (i) IN GENERAL.—Each study conducted under gang bill. Senator FEINSTEIN to reduce its impact subparagraph (A) shall use an evaluator and a Violent crime in America is again on on the sphere of criminal law tradition- study design approved by the employee of the the rise. This troubling news is in my National Institute of Justice hired or assigned ally handled by the States and to focus under subsection (c). view at least in part the result of the on the most serious offenders and con- (ii) CRITERIA.—The employee of the National Bush administration’s failure to heed duct, for which Federal attention is Institute of Justice hired or assigned under sub- the lessons learned from our successful needed. I also appreciate Senator FEIN- section (c) shall approve— fight against violent crime in the 1990s. STEIN and Senator SCHUMER working (I) an evaluator that has successfully carried Congress and the Clinton administra- with Senator WHITEHOUSE and me to out multiple studies producing rigorous evidence tion provided significant new funding of effectiveness; and ensure that small States such as Rhode (II) a proposed study design that is likely to to strengthen State and local law en- Island and Vermont could be eligible produce rigorous evidence of the effectiveness of forcement and supported programs to under the bill to receive crucially im- the strategy. prevent gang and youth violence. Our portant witness protection grants. (iii) APPROVAL.—Before a grant is awarded efforts worked. Studies have repeat- We all care deeply about eradicating under this section, the evaluator and study de- edly shown that, violent crime and gang violence, and we must work to- sign of a grantee shall be approved by the em- gang offenses steadily dropped to his- gether to create a comprehensive solu- ployee of the National Institute of Justice hired toric lows. But the Bush administra- or assigned under subsection (c). tion to this troubling, persistent prob- (4) DATE OF AWARD.—Not later than 6 months tion chose a different course, and, de- lem. I hope that this bill will be a step after the date of receiving recommendations re- spite warnings from me and others, has toward reversing the mistakes of the lating to a subcategory from the Commission repeatedly cut funding for State and Bush administration and reinvigo- under section 404(f), the Director of the Na- local cops on the beat and community rating our efforts to provide Federal tional Institute of Justice shall award all grants programs targeting the prevention of support for those who combat gang vio- under this section relating to that subcategory. youth crime. lence every day and to protect those (5) TYPE OF GRANTS.—One-third of the grants I hope that this bill will be part of a made under this section shall be made in each who are its victims. subcategory. In distributing grants, the rec- return to productive law enforcement Mr. HATCH. I rise today to congratu- ommendations of the Commission under section strategies that worked so well in the late my fellow Senators on the passage 404(f) shall be considered. past. I share the views expressed at the of the Gang Abatement and Prevention (6) AUTHORIZATION OF APPROPRIATIONS.— hearing in June by Los Angeles Police Act of 2007. This vital legislation There are authorized to be appropriated Chief William J. Bratton that ‘‘we makes important changes to the fed- $18,000,000 to carry out this subsection. can’t arrest our way out of our gang eral criminal code which will allow a (c) DEDICATED STAFF.— crime problem.’’ As those who have (1) IN GENERAL.—The Director of the National more effective response to the ever Institute of Justice shall hire or assign a full- worked on this issue for years know all growing threat that violent street time employee to oversee the grants under this too well, we must match our commit- gangs present to our society. section. ment to law enforcement with an equal Americans are acutely aware of the (2) STUDY OVERSIGHT.—The employee of the commitment to intervention and pre- myriad problems brought about by the National Institute of Justice hired or assigned vention as a means of curbing gang vio- influence and prevalence of criminal under paragraph (1) shall be responsible for en- lence. Neither strategy works without gangs in this country. I have long suring that grantees adhere to the study design the other, and I believe, as so many law shared this concern, and introduced approved before the applicable grant was awarded. enforcement and civil leaders do, that legislation over 10 years ago that at- (3) LIAISON.—The employee of the National any legislative proposal to address tempted to address the problem. Sen- Institute of Justice hired or assigned under gang violence must focus on new means ator FEINSTEIN joined me in that effort, paragraph (1) may be used as a liaison between to prevent youth and gang violence. I and since that time has pursued this the Commission and the recipients of a grant am glad that Senator FEINSTEIN’s bill matter with a vigor and tenacity that under this section. That employee shall be re- now reflects these priorities. should make the residents of California sponsible for ensuring timely cooperation with The Gang Abatement and Prevention proud. I want to offer my heartfelt con- Commission requests. (4) AUTHORIZATION OF APPROPRIATIONS.— Act of 2007 represents a significant im- gratulations and appreciation to Sen- There are authorized to be appropriated $150,000 provement over earlier gang legisla- ator FEINSTEIN for her tireless efforts for each of fiscal years 2008 through 2012 to tion. It does not contain the death pen- in sponsoring this bill, and am pleased carry out this subsection. alties, mandatory minimums, and ex- that our combined efforts over the

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.033 S21SEPT1 bajohnson on PRODPC61 with SENATE September 21, 2007 CONGRESSIONAL RECORD — SENATE S11965 years have brought us one step closer participate in violent gang crimes put Strike section 215. to having this legislation signed into the lives of innocent Americans in dan- The committee amendment in the law. ger. The same innocent people who nature of a substitute, as amended, was I believe that all members of the have rightly chosen to live their life in agreed to. Senate share their constituents’ desire a productive manner benefiting fellow The bill (S. 456), as amended, was or- to see a diminished role of gangs and citizens. dered to be engrossed for a third read- associated violence in our commu- Numerous cities in my home state of ing, was read the third time, and nities. The question is very simple: Utah, such as Orem, St. George, and passed. How do we achieve this goal? Provo are facing an increase in gang The prevailing thought is to either activity. National gangs, like MS–13, f modify the criminal code or provide fi- are expanding their presence in Utah. nancial assistance that enhances proce- Law enforcement is also reporting an ORDERS FOR MONDAY, dures and programs that have been increase in gang members relocating SEPTEMBER 24, 2007 proven to effectively reduce gang par- from areas of Southern California. It is Mr. CASEY. Mr. President, I ask ticipation. The bill that passed today vital that we provide immediate assist- unanimous consent that when the Sen- does both of these things, and it is my ance to cities that are in the beginning ate completes its business today, it hope that the vital tools in this initia- stages of a battle with highly sophisti- tive can be utilized by state and local cated national gangs. If a city can’t stand adjourned until 2 p.m., Monday, personnel to provide for a greatly di- deal with this problem swiftly and se- September 24; that on Monday fol- minished threat from criminal street verely, then the gangs will fester like a lowing the prayer and the pledge, the gangs. disease, amplifying to an unmanage- Journal of proceedings be approved to One thing I want to make perfectly able level. We have seen this through- date, the morning hour be deemed to clear is that my involvement with this out the country, and I am dedicated to have expired, the time for the two lead- issue does not diminish my concerns ensure that the cities in Utah and ers be reserved for their use later in with the federalization of crimes. I other states receive appropriate and the day; that there then be a period of want to read a few sentences I said on necessary assistance from Congress to morning business until 3 p.m., with the Senate Floor in 1996 when intro- increase community prevention efforts. Senators permitted to speak therein ducing the Federal Gang Violence Act I applaud the efforts of lawmakers for up to 10 minutes each and the time of 1996: ‘‘Our problem is severe. More- whose tireless efforts produced this equally divided and controlled between over, there is a significant role the bill, and am hopeful that the funds pro- the two leaders or their designees, with Federal Government can play in fight- vided for prevention and mentoring can the majority controlling the first half ing this battle. I am not one to advo- be utilized to help negate the per- and Senator BYRD recognized for 25 cate the unbridled extension of Federal sistent efforts of gangs to augment minutes of the majority’s time, and the jurisdiction. Indeed, I often think that their ranks with additional kids. Life Republicans controlling the final por- we have federalized too many crimes. provides many choices, and I hope that tion; that at 3 p.m. the Senate proceed However, in the case of criminal street our youth will find the strength and to the consideration of the conference gangs, which increasingly are moving courage to resist the gang lifestyle. report to accompany H.R. 1495, as pro- I recognize that there is no mecha- interstate to commit crimes, there is a vided for under a previous order. nism which can easily remove the very proper role for the Federal Gov- The PRESIDING OFFICER. Without scourge of criminal gangs, but am con- ernment to play.’’ objection, it is so ordered. fident that this bill will provide re- I said this in 1996, and my thoughts sources which can enhance and amplify have not changed. The federal govern- f the efforts of dedicated personnel who ment too many times hands out money endeavor to bestow positive influence like a broken ATM, subsidizing ADJOURNMENT UNTIL MONDAY, to our communities. SEPTEMBER 24, 2007, AT 2 P.M. projects that are more appropriately Mr. CASEY. Mr. President, I ask left to the states. However, the fact unanimous consent that the committee Mr. CASEY. Mr. President, if there is that Gangs have operations which substitute amendment be considered; no further business today, I ask unani- spread throughout our country neces- the Feinstein-Hatch amendment, which mous consent that the Senate stand sitates a federal law enforcement re- is at the desk, be agreed to; the com- adjourned under the previous order. sponse. I am confident that Americans mittee substitute amendment, as There being no objection, the Senate, would approve of their tax dollars amended, be agreed to; the bill, as at 2:24 p.m., adjourned until Monday, being effectively utilized in attempts amended, be read a third time and September 24, 2007, at 2 p.m. to reduce gangs and criminal activity, passed; the motions to reconsider be and provide a safer environment for laid upon the table, with no inter- f their families. vening action or debate; and that any The young people who join criminal statements relating thereto be printed NOMINATIONS gangs have made an unfortunate choice in the RECORD. Executive nomination received by to squander all of the opportunities The PRESIDING OFFICER. Without the Senate : available in their life, opportunities objection, it is so ordered. DEPARTMENT OF JUSTICE which are abundant in our great na- The amendment (No. 3022) was agreed MICHAEL B. MUKASEY, OF NEW YORK, TO BE ATTOR- tion. But even worse, their choice to to, as follows: NEY GENERAL, VICE ALBERTO R. GONZALES, RESIGNED.

VerDate Aug 31 2005 00:54 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0637 Sfmt 9801 E:\CR\FM\G21SE6.056 S21SEPT1 bajohnson on PRODPC61 with SENATE Friday, September 21, 2007 Daily Digest Senate Withdrawn: Chamber Action By 47 yeas and 47 nays (Vote No. 346), Levin/ Routine Proceedings, pages S11919–S11965 Reed Amendment No. 2898 (to Amendment No. Measures Introduced: Three bills and one resolu- 2011), to provide for a reduction and transition of tion were introduced, as follows: S. 2083–2085, and United States forces in Iraq. (A unanimous-consent S. Res. 325. Page S11952 agreement was reached providing that the amend- ment, having failed to achieve 60 affirmative votes, Measures Reported: be withdrawn). Pages S11920–25 S. 2084, to promote school safety, improved law Pending: enforcement. (S. Rept. No. 110–183) Page S11952 Nelson (NE) (for Levin) Amendment No. 2011, in Measures Passed: the nature of a substitute. Page S11920 Ukraine Parliamentary Elections: Committee on Warner (for Graham/Kyl) Amendment No. 2064 Foreign Relations was discharged from further con- (to Amendment No. 2011), to strike section 1023, sideration of S. Res. 320, recognizing the achieve- relating to the granting of civil rights to terror sus- ments of the people of Ukraine in pursuit of freedom pects. Page S11920 and democracy, and expressing the hope that the Kyl/Lieberman Amendment No. 3017 (to Amend- parliamentary elections on September 30, 2007, pre- ment No. 2011), to express the sense of the Senate serve and extend these gains and provide for a stable regarding Iran. Page S11920 and representative government, and the resolution Biden Amendment No. 2997 (to Amendment No. was then agreed to. Page S11954 2011), to express the sense of Congress on federalism Gang Abatement and Prevention Act: Senate in Iraq. Pages S11925–37 passed S. 456, to increase and enhance law enforce- Nomination Received: Senate received the fol- ment resources committed to investigation and pros- lowing nomination: ecution of violent gangs, to deter and punish violent Michael B. Mukasey, of New York, to be Attor- gang crime, to protect law-abiding citizens and com- ney General. Pages S11945–47, S11965 munities from violent criminals, to revise and en- Additional Cosponsors: Page S11953 hance criminal penalties for violent crimes, to ex- pand and improve gang prevention programs, after Statements on Introduced Bills/Resolutions: agreeing to the committee amendment in the nature Pages S11953–54 of a substitute, and the following amendment pro- Additional Statements: Page S11952 posed thereto: Pages S11954–65 Amendments Submitted: Page S11954 Casey (for Feinstein/Hatch) Amendment No. Notices of Hearings/Meetings: Page S11954 3022, of a perfecting nature. Page S11965 Measures Considered: Record Votes: One record vote was taken today. (Total—346) Page S11924 National Defense Authorization Act: Senate con- tinued consideration of H.R. 1585, to authorize ap- Adjournment: Senate convened at 9:15 a.m. and propriations for fiscal year 2008 for military activi- adjourned at 2:24 p.m., until 2 p.m. on Monday, ties of the Department of Defense, for military con- September 24, 2007. (For Senate’s program, see the struction, and for defense activities of the Depart- remarks of the Acting Majority Leader in today’s ment of Energy, to prescribe military personnel, tak- Record on page S11965.) ing action on the following amendments proposed thereto: Pages S11919–37

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VerDate Aug 31 2005 02:13 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D21SE7.REC D21SEPT1 cnoel on PRODPC60 with DIGEST_CN September 21, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1241 An original bill entitled, ‘‘American Infrastructure Committee Meetings Investment and Improvement Act’’; (Committees not listed did not meet) An original bill entitled, ‘‘The Habitat and Land Conservation Act of 2007’’; and BUSINESS MEETING An original bill to implement the United Committee on Finance: Committee ordered favorably States–Peru Trade Promotion Agreement. reported the following: h House of Representatives Chamber Action Senate Committees The House was not in session today. The House (Committee meetings are open unless otherwise indicated) is scheduled to meet at 12:30 p.m. on Monday, Sep- Committee on Appropriations: September 26, to hold hear- tember 24, 2007. ings to examine proposed budget estimates for fiscal year 2008 for the President’s supplemental request for the wars in Iraq and Afghanistan, 2 p.m., SD–106. Committee Meetings Committee on Banking, Housing, and Urban Affairs: Sep- No Committee meetings were held. tember 25, to hold hearings to examine two years after Hurricanes Katrina and Rita, focusing on housing needs f in the Gulf Coast, 9:30 a.m., SD–538. September 26, Full Committee, to hold hearings to ex- NEW PUBLIC LAWS amine the role and impact of credit rating agencies on (For last listing of Public Laws, see DAILY DIGEST, p. D1208) the subprime credit markets, 9:30 a.m., SD–538. Committee on Commerce, Science, and Transportation: Sep- H.R. 2358, to require the Secretary of the Treas- tember 27, Subcommittee on Aviation Operations, Safety, ury to mint and issue coins in commemoration of and Security, to hold hearings to examine congestion and Native Americans and the important contributions delays impacting travelers, focusing on possible solutions, made by Indian tribes and individual Native Ameri- 10 a.m., SR–253. cans to the development of the United States and September 27, Full Committee, business meeting to the history of the United States. Signed on Sep- consider S. 1578, to amend the Nonindigenous Aquatic tember 20, 2007. (Public Law 110–82) Nuisance Prevention and Control Act of 1990 to establish S. 377, to establish a United States–Poland par- vessel ballast water management requirements, S. 1889, liamentary youth exchange program. Signed on Sep- to amend title 49, United States Code, to improve rail- road safety by reducing accidents and to prevent railroad tember 20, 2007. (Public Law 110–83) fatalities, injuries, and hazardous materials releases, S. f 1453, to extend the moratorium on taxes on Internet ac- cess and multiple and discriminatory taxes on electronic CONGRESSIONAL PROGRAM AHEAD commerce imposed by the Internet Tax Freedom Act, S. 1965, to protect children from cybercrimes, including Week of September 24 through September 29, crimes by online predators, to enhance efforts to identify 2007 and eliminate child pornography, and to help parents shield their children from material that is inappropriate Senate Chamber for minors, S. J. Res. 17, directing the United States to On Monday, at 3 p.m., Senate will begin consider- initiate international discussions and take necessary steps with other Nations to negotiate an agreement for man- ation of the conference report to accompany H.R. aging migratory and transboundary fish stocks in the 1495, Water Resources Development Act; following Arctic Ocean, and S. Con. Res. 39, supporting the goals the disposition of the conference report to accom- and ideals of a world day of remembrance for road crash pany H.R. 1495, Water Resources Development victims, and a promotion list in the United States Coast Act, Senate will resume consideration of H.R. 1585, Guard, 2:30 p.m., SR–253. National Defense Authorization Act. Committee on Energy and Natural Resources: September During the balance of the week, Senate may con- 24, to hold hearings to examine scientific assessments of sider any cleared legislative and executive business. the impacts of global climate change on wildfire activity in the United States, 3 p.m., SD–366.

VerDate Aug 31 2005 02:13 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D21SE7.REC D21SEPT1 cnoel on PRODPC60 with DIGEST_CN D1242 CONGRESSIONAL RECORD — DAILY DIGEST September 21, 2007

September 25, Full Committee, to hold hearings to ex- son, of Georgia, to be an Assistant Secretary of State amine S. 1756, to provide supplemental ex gratia com- (International Narcotics and Law Enforcement Affairs), P. pensation to the Republic of the Marshall Islands for im- Robert Fannin, of Arizona, to be Ambassador to the Do- pacts of the nuclear testing program of the United States, minican Republic, and Paul E. Simons, of Virginia, to be 10 a.m., SD–366. Ambassador to the Republic of Chile, 2:30 p.m., September 26, Full Committee, to hold hearings to ex- SD–419. amine S. 1543, to establish a national geothermal initia- September 27, Full Committee, to hold hearings to ex- tive to encourage increased production of energy from amine the United Nations Convention on the Law of the geothermal resources, 10 a.m., SD–366. Sea (T. Doc.103–39), 2:30 p.m., SD–419. September 27, Full Committee, to hold hearings to ex- Committee on Health, Education, Labor, and Pensions: Sep- amine hard-rock mining on federal lands, 9:30 a.m., tember 27, to hold hearings to examine pursuing Brown SD–366. v. Board of Education’s promise, focusing on ensuring September 27, Subcommittee on National Parks, to equal opportunity in public education, 10 a.m., SD–430. hold hearings to examine S. 148, to establish the Paterson Committee on Homeland Security and Governmental Affairs: Great Falls National Park in the State of New Jersey, S. September 26, business meeting to consider H.R. 2654, 189, to decrease the matching funds requirements and to designate the facility of the United States Postal Serv- authorize additional appropriations for Keweenaw Na- ice located at 202 South Dumont Avenue in Woonsocket, tional Historical Park in the State of Michigan, S. 697, to establish the Steel Industry National Historic Site in South Dakota, as the ‘‘Eleanor McGovern Post Office the State of Pennsylvania, S. 1341, to provide for the ex- Building’’, H.R. 2467, to designate the facility of the change of certain Bureau of Land Management land in United States Postal Service located at 69 Montgomery Pima County, Arizona, S. 128, to amend the Cache La Street in Jersey City, New Jersey, as the ‘‘Frank J. Guar- Poudre River Corridor Act to designate a new manage- ini Post Office Building’’, H.R. 2587, to designate the ment entity, make certain technical and conforming facility of the United States Postal Service located at 555 amendments, enhance private property protections, S. South 3rd Street Lobby in Memphis, Tennessee, as the 1476, to authorize the Secretary of the Interior to con- ‘‘Kenneth T. Whalum, Sr. Post Office Building’’, H.R. duct special resources study of the Tule Lake Segregation 2778, to designate the facility of the United States Postal Center in Modoc County, California, to determine suit- Service located at 3 Quaker Ridge Road in New Ro- ability and feasibility of establishing a unit of the Na- chelle, New York, as the ‘‘Robert Merrill Postal Station’’, tional Park System, S. 867 and H.R. 299, bills to adjust H.R. 2825, to designate the facility of the United States the boundary of Lowell National Historical Park, S. 1709 Postal Service located at 326 South Main Street in Prince- and H.R. 1239, bills to amend the National Under- ton, Illinois, as the ‘‘Owen Lovejoy Princeton Post Office ground Railroad Network to Freedom Act of 1998 to Building’’, H.R. 3052, to designate the facility of the provide additional staff and oversight of funds to carry United States Postal Service located at 954 Wheeling Av- out the Act, S. 1808, to authorize the exchange of certain enue in Cambridge, Ohio, as the ‘‘John Herschel Glenn, land in Denali National Park in the State of Alaska, S. Jr. Post Office Building’’, H.R. 3106 and S. 2023, bills 1969, to authorize the Secretary of the Interior to con- to designate the facility of the United States Postal Serv- duct a special resource study to determine the suitability ice located at 805 Main Street in Ferdinand, Indiana, as and feasibility of designating Estate Grange and other the ‘‘Staff Sergeant David L. Nord Post Office’’, H.R. sites related to Alexander Hamilton’s life on the island of 2765, to designate the facility of the United States Postal St. Croix in the United States Virgin Islands as a unit Service located at 44 North Main Street in Hughesville, of the National Park System, and S. 1039, to extend the Pennsylvania, as the ‘‘Master Sergeant Sean Michael authorization for the Coastal Heritage Trail in the State Thomas Post Office’’, and the nomination of Julie L. of New Jersey, 2:30 p.m., SD–366. Myers, of Kansas, to be Assistant Secretary of Homeland Committee on Environment and Public Works: September Security, 10 a.m., SD–342. 25, to hold hearings to examine green jobs created by global warming initiatives, 2 p.m., SD–406. September 27, Subcommittee on Federal Financial September 26, Full Committee, to hold hearings to ex- Management, Government Information, Federal Services, amine the impacts of global warming on the Chesapeake and International Security, to hold hearings to examine Bay, 9:30 a.m., SD–406. cost effective military strategic airlift requirements in the Committee on Finance: September 25, to hold hearings to 21st century, 3:30 p.m., SD–342. examine home and community based care, focusing on September 28, Subcommittee on Oversight of Govern- expanding options for long-term care, 10 a.m., SD–G50. ment Management, the Federal Workforce, and the Dis- September 26, Full Committee, to hold hearings to ex- trict of Columbia, to hold hearings to examine the role amine offshore tax issues, focusing on reinsurance and of Federal Executive Boards in pandemic preparedness, 10 hedge funds, 10 a.m., SD–215. a.m., SD–342. September 27, Full Committee, to hold hearings to ex- Committee on Indian Affairs: September 27, business amine the efficacy of national border security, 10 a.m., meeting to consider pending calendar business; to be im- SD–215. mediately followed by an oversight hearing to examine Committee on Foreign Relations: September 25, to hold the prevalence of violence against Indian women, 9 a.m., hearings to examine the nominations of David T. John- SD–628.

VerDate Aug 31 2005 02:13 Sep 22, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D21SE7.REC D21SEPT1 cnoel on PRODPC60 with DIGEST_CN September 21, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1243 Committee on the Judiciary: September 25, to hold hear- House Committees ings to examine streghtening the Foreign Intelligence Committee on Agriculture, September 26, Subcommittee Surveillance Act (FISA), 9:30 a.m., SD–226. on General Farm Commodities and Risk Management, September 25, Full Committee, to hold hearings to ex- hearing to review reauthorization of the Commodity Ex- amine pending judicial nominations, 2:30 p.m., SD–226. change Act, 10 a.m., 1300 Longworth. September 26, Full Committee, to hold hearings to ex- September 27, full Committee, hearing to review H.R. amine the nomination of Michael J. Sullivan, of Massa- 1011, Virginia Ridge and Valley Act of 2007, 11 a.m., chusetts, to be Director, Bureau of Alcohol, Tobacco, 1300 Longworth. Firearms, and Explosives, 2:30 p.m., SD–226. Committee on Appropriations, September 25, Sub- September 27, Full Committee, to hold hearings to ex- committee on Agriculture, Rural Development, Food and amine S. 2035, to maintain the free flow of information Drug Administration, and Related Agencies, on Safety of to the public by providing conditions for the federally Imported Foods, 10 a.m., 2362A Rayburn. compelled disclosure of information by certain persons September 25, Subcommittee on Legislative Branch, on connected with the news media, S.J. Res. 13, granting Capitol Visitor Center, 10 a.m., 2358 Rayburn. the consent of Congress to the International Emergency Committee on Armed Services, September 26, to mark up Management Assistance Memorandum of Understanding, H.R. 2826, To amend titles 28 and 10, United States S. 980, to amend the Controlled Substances Act to ad- Code, to restore habeas corpus for individuals detained by dress online pharmacies, S. Con. Res. 45, commending the United States at Naval Station, Guantanamo Bay, the Ed Block Courage Award Foundation for its work in Cuba, 10 a.m., 2118 Rayburn. aiding children and families affected by child abuse, and September 26, full Committee, hearing to receive testi- designating November 2007 as National Courage Month, mony on Army strategic initiatives, 2 p.m., 2118 Ray- S. Res. 258, recognizing the historical and educational burn. significance of the Atlantic Freedom Tour of the Freedom Committee on Energy and Commerce, September 25, Sub- Schooner Amistad, and expressing the sense of the Senate committee on Commerce, Trade, and Consumer Protec- that preserving the legacy of the Amistad story is impor- tion, hearing entitled ‘‘From Imus to Industry: The Busi- tant in promoting multicultural dialogue, education, and ness of Stereotypes and Degrading Images,’’ 10 a.m., cooperation, S. 1267, to maintain the free flow of infor- 2123 Rayburn. mation to the public by providing conditions for the fed- September 26, Subcommittee on Health, hearing on erally compelled disclosure of information by certain per- the Food and Drug Safety Import Act, 10 a.m., 2123 sons connected with the news media, and the nomination Rayburn. of James Russell Dedrick, to be United States Attorney Committee on Financial Services, September 25, to mark for the Eastern District of Tennessee, 10 a.m., SD–226. up the following bills: H.R. 3521, Public Housing Asset September 27, Subcommittee on Antitrust, Competi- Management Improvement Act of 2007; H.R. 2930, Sec- tion Policy and Consumer Rights, to hold hearings to ex- tion 202 Supportive Housing for the Elderly Act of amine the Google-DoubleClick merger and the online ad- 2007; H.R. 3355, Homeowners’ Defense Act of 2007; vertising industry, focusing on the risks for competition and H.R. 3524, HOPE VI Improvement and Reauthor- and privacy, 2 p.m., SD–226. ization Act of 2007; and H.R. 946, Consumer Overdraft Committee on Rules and Administration: September 26, Protection Fair Practices Act, 10 a.m., 2128 Rayburn. business meeting to consider the nominations of Robert September 27, hearing entitled ‘‘DEC Proxy Access Charles Tapella, of Virginia, to be Public Printer, Steven Proposals: Implications for Investors,’’ 10 a.m., 2128 T. Walther, of Nevada, Hans von Spakovsky, of Georgia, Rayburn. David M. Mason, of Virginia, and Robert D. Lenhard, of September 27, Subcommittee on Capital Markets, In- Maryland, all to be Members of the Federal Election surance, and Government Sponsored Enterprises, hearing Commission, 10 a.m., SR–301. entitled ‘‘The Role of Credit Rating Agencies in the Committee on Small Business and Entrepreneurship: Sep- Structured Finance Market,’’ 2 p.m., 2128 Rayburn. tember 26, to hold hearings to examine improving inter- Committee on Foreign Affairs, September 25, hearing on net access to help small business compete in a global PEPFAR Reauthorization: From Emergency to Sustain- economy, 10 a.m., SR–428A. ability, 10 a.m., 2172 Rayburn. Committee on Veterans’ Affairs: September 25, to hold an September 25, Subcommittee on Asia, the Pacific and oversight hearing to examine research and treatment for the Global Environment, hearing on APEC 2007: Ad- Gulf War illnesses, 9:30 a.m., SD–562. vancing U.S. Exports to the Asia-Pacific Region, 2 p.m., September 27, Full Committee, to hold hearings to ex- 2172 Rayburn. amine the nomination of Paul J. Hutter, of Virginia, to September 26, full Committee, to mark up the fol- be General Counsel, Department of Veterans Affairs, 9:30 lowing measures: S. 1612, International Emergency Eco- a.m., SD–562. nomic Powers Enhancement Act; H. Res. 635, Recog- Select Committee on Intelligence: September 25, to hold nizing the commencement of Ramadan, the Islamic holy closed hearings to examine certain intelligence matters, 2 month of fasting and spiritual renewal, and commend p.m., SH–219. Muslims in the United States and throughout the world for their faith; and H. Con. Res. 200, Expressing the

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sense of Congress regarding the immediate and uncondi- 3111, Port Chicago Naval Magazine National Memorial tional release of Daw Aung San Suu Kyi, 10 a.m., 2172 Enhancement Act of 2007, 10 a.m., 1324 Longworth. Rayburn. Committee on Oversight and Government Reform, September September 29, Subcommittee on the Middle East and 25, hearing on Lobbying by the U.S. Department of South Asia, hearing on Iran Sanctions and Regional Secu- Transportation Against State Actions to Address Climate rity, 10 a.m., 2172 Rayburn. Change, 10 a.m., 2154 Rayburn. Committee on Homeland Security, September 25, to mark September 25, Subcommittee on Domestic Policy, up H.R. 2830, Coast Guard Authorization Act of 2007, hearing on Will NIEHS’ new priorities protect public 11 a.m., 311 Cannon. health? 2 p.m., 2154 Rayburn. September 26, Subcommittee on Emerging Threats, September 25, Subcommittee on Information Policy, Cybersecurity, and Science and Technology, hearing enti- Census and National Archives, hearing on Organ Dona- tled ‘‘Beyond the Checklist: Addressing Shortfalls in Na- tion: Utilizing Public Policy and Technology to Strength- tional Pandemic Influenza Preparedness,’’ 10 a.m., 2311 en Organ Donor Programs, 2 p.m., 2247 Rayburn. Cannon. September 26, Subcommittee on Government, Organi- September 27, Subcommittee on Intelligence, Informa- zation, and Procurement, hearing on Federal Contracting: tion Sharing and Terrorism Risk, hearing entitled ‘‘The Removing Hurdles from Minority-Owned Small Busi- Way Forward with Fusion Centers: Challenges and Strate- nesses, 2 p.m., 2154 Rayburn. gies for Change,’’ 10 a.m., 311 Cannon. Committee on the Judiciary, September 25, Task Force on September 26, Subcommittee on National Security and Antitrust and Competition Policy, oversight hearing on Foreign Affairs, hearing ‘‘ Third Walter Reed Oversight Antitrust Agencies: Department of Justice Antitrust Di- Hearing: Keeping the Nation’s Promise to Our Wounded vision and Federal Trade Commission Bureau of Competi- Soldiers,’’ 10 a.m., 2154 Rayburn. tion, 1 p.m., 2141 Rayburn. September 27, full Committee, hearing on Assessing September 25, Subcommittee on Commercial and Ad- the State of Iraqi Corruption, 10 a.m., 2154 Rayburn. ministrative Law, hearing on Straightening Out the Committee on Rules, September 24, to consider the Chil- Mortgage Mess: How Can We Protect Home Ownership dren’s Health Insurance Program Reauthorization Act of and Provide Relief to Consumers in Financial Distress? 3 2007, 5 p.m., H–313 Capitol. p.m., 2237 Rayburn. September 25, to consider the following: H.R 2693, September 25, Subcommittee on the Constitution, Popcorn Workers Lung Disease Prevention Act; and a Civil Rights and Civil Liberties, oversight hearing on the measure Making continuing appropriations for the fiscal Employment Section of the Civil Rights Division of the year 2008, 3 p.m., H–313 Capitol. U.S. Department of Justice, 10 a.m., 2141 Rayburn. Committee on Science and Technology, September 25, Sub- September 27, full Committee, hearing on H.R. 2128, committee on Energy and Environment, hearing on Re- Sunshine in the Courtroom Act of 2007, 1 p.m., 2141 visiting the Industrial Technologies Program (ITP): Rayburn. Achieving Industrial Efficiency, 2 p.m., 2318 Rayburn. Committee on Natural Resources, September 25, Sub- September 25, Subcommittee on Research and Science committee on Water and Power, hearing on the following Education, hearing on the Contribution of the Social bills: H.R. 123, To authorize appropriations for the San Sciences to the Energy Challenge, 10 a.m., 2318 Ray- Gabriel Basin Restoration Fund; H.R. 2498, To provide burn. for a study regarding development of a comprehensive in- September 26, full Committee, hearing on meeting the tegrated regional water management plan that would ad- need for Interoperability and Information Security in dress four general areas of regional water planning in Health IT, 10 a.m., 2318 Rayburn. both the San Joaquin River Hydrologic Region and the September 27, Subcommittee on Investigations and Tulare Lake Hydrologic Region, inclusive of Kern, Oversight, hearing on the National Security Implications Tulare, Kings, Fresno, Madera, Merced, Stanislaus, and of Climate Change, 10 a.m., 2318 Rayburn. San Joaquin Counties, California, and to provide that such plan be the guide by which those counties use as Committee on Small Business, September 26, Sub- a mechanism to address and solve long-term water needs committee on Contracting and Technology, hearing on in a sustainable and equitable manner; and H.R. 2535, Small Business Renewable Energy Tax Incentive Possi- Tule River Tribe Water Development Act, 10 a.m., 1324 bilities, 10 a.m., 2360 Rayburn. Longworth. September 27, full Committee, hearing on Manage- September 27, Subcommittee on Fisheries, Wildlife ment and Authorization legislation, 10 a.m., 2360 Ray- and Oceans, oversight hearing entitled ‘‘Aquatic Nuisance burn. Species and Activities of the Aquatic Nuisance Species Committee on Transportation and Infrastructure, September Task Force,’’ 2 p.m., 1334 Longworth. 25, Subcommittee on Economic Development, Public September 27, Subcommittee on National Parks, For- Buildings and Emergency Management, hearing on ests and Public Lands, hearing on the following bills: Emancipation Hall: A Tribute to the Slaves Who Helped H.R. 830, Denali National Park and Alaska Railroad Build the U.S. Capitol, 2 p.m., 2253 Rayburn. Land Exchange Act of 2007; H.R. 2094, To provide for September 25, Subcommittee on Transportation and certain administrative and support services for the Infrastructure, hearing on Rail Competition and Service, Dwight D. Eisenhower Memorial Commission; and H.R. 10 a.m., 2167 Rayburn.

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September 26, Subcommittee on Aviation, hearing on September 26, full Committee, hearing on VA IT Re- Airline Delays and Consumer Issues, 2 p.m., 2167 Ray- organization: How Far Has VA Come? 10 a.m., 334 Can- burn. non. September 26, Subcommittee on Highways and Tran- September 27, Subcommittee on Health, hearing on sit, hearing on Federal Transit Administration’s Proposed VA Grant and Per Diem Program, 10 a.m., 334 Cannon. Rule on the New Starts and Small Starts Programs, 10 Committee on Ways and Means, September 25, to con- a.m., 2167 Rayburn. sider a measure to implement the United States-Peru September 27, Subcommittee on Economic Develop- Trade Promotion Agreement, 10:30 a.m., 1100n Long- ment, Public Buildings and Emergency Management, worth. hearing on the John F. Kennedy Center Reauthorization, September 25, Subcommittee on Oversight, hearing to 10 a.m., 2167 Rayburn. Examine Whether Charitable Organizations Serve the September 28, Subcommittee on Aviation, hearing on Needs of Diverse Communities, 2 p.m., 1100 Longworth. the Transition from FAA to Contractor-Operated Service Select Committee to Investigate the voting Irregularities of Stations: Lessons Learned, 10 a.m., 2167 Rayburn. August, 2, 2007, September 27, to meet for organization purposes; to consider an Interim Report, required by H. Committee on Veterans’ Affairs, September 25, Sub- Res. 611, Raising a question of the privileges of the committee on Disability Assistance and Memorial Affairs, House, to be filed with the House of Representatives by hearing on the Board of Veterans’ Appeals Adjudication September 30, 2007, followed by a hearing on Voting in Process and the Appeals Management Center, 2 p.m., 334 the House of Representatives, 9 a.m., H–313 Capitol. Cannon. September 25, Subcommittee on Oversight and Inves- Joint Meetings tigations, hearing on VA Polytrauma Rehabilitation Cen- Commission on Security and Cooperation in Europe: Sep- ters: Management Issues, 10 a.m., 334 Cannon. tember 27, to hold hearings to examine human rights de- fenders in Russia, 10 a.m., 2212RHOB.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, September 24 12:30 p.m., Monday, September 24

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 3 p.m.), Senate will begin consideration of the conference report to ac- company H.R. 1495, Water Resources Development Act and vote on its adoption at 5:45 p.m.

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