Prenatally and Postnatally Diagnosed Conditions Awareness Act

Mr. President, I have sought recognition to discuss my vote on July 28 against cloture--to end debate--on the motion to proceed to S. 3297, the so-called Reid omnibus bill or ``Coburn package.'' As I stated on the Senate floor Monday, July 28, it is my inclination that the majority leader called for a vote on cloture on proceeding to this bill in order to dislodge the pending legislation on oil speculation. By using his position of power, he seeks to force the Senate to prematurely move away from the No. 1 issue facing the people from my State and the Nation namely energy legislation.

I did not support cloture to move to the Reid omnibus bill not because I do not support many of its provisions, rather because I believe we should complete work on energy legislation before moving on to other matters. Further, I am seeking my right as a U.S. Senator to offer amendments to a bill in a fair and balanced legislative process.

For instance, Senator Kohl and I had a bipartisan amendment prepared to offer to the speculation bill that would have brought OPEC nations under U.S. antitrust laws to prohibit them from meeting in a room, lowering production and supply, and thus raising prices. Unfortunately, this effort was denied by the majority leader's blocking of amendments by filling the so-called amendment tree, disallowing mine and a number of other amendments that ought to be considered.

This procedure is nothing new for this majority leader who has filled the amendment tree on 15 occasions in the current 110th Congress, surpassing all other majority leaders in modern history. As a result of the majority leader's curtailing Senate procedure and amendments, I have been faced with voting against cloture on measures I would have ordinarily supported including this past Saturday's vote on LIHEAP. I have also opposed cloture in instances such as the Lieberman-Warner global warming bill which was considered the first week of June--2 to 6. In that case, the majority leader filled the amendment tree at the first opportunity and filed cloture on the bill without ever allowing consideration of amendments. The 5-day debate culminated in a fait accompli cloture vote that failed on June 6.

Most recently, I voted against cloture to move to the Reid omnibus bill that was a conglomeration of legislation that has been described as non-controversial and may benefit a wide variety of interests. As I stated on the Senate floor on Monday, July 28, I am supportive of most, if not all of the substance in this bill. In fact, I am a cosponsor of six of the items.

I support and have worked to pass a number of the Judiciary Committee-related bills in the proposed omnibus. For example, I am an original cosponsor of the Runaway and Homeless Youth Protection Act, S. 2982, which makes changes in the grant program for centers for runaway youths. I am also a cosponsor of the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008, S. 2304, which would provide grants for the improved mental health treatment and services provided to offenders with mental illness. In addition, I am a cosponsor of the Emmett Till Unsolved Civil Rights Crime Act, S. 535, which authorizes funding to solve pre-1970 civil rights crimes. Moreover, in committee, I supported a Federal commission to commemorate the bicentennial of the writing of the Star-Spangled Banner and the War of 1812, S. 1079.

Additionally, I voted in favor of the following child protection bills which were passed by the Judiciary Committee: The Combating Child Exploitation Act of 2008, S. 1738, which authorizes grants to combat child exploitation; and the Drug Endangered Children Act of 2007, S. 1210, which extends a grant program directed at drug-endangered children.

I directed my staff to work to clear the child exploitation bills from the omnibus package in the same manner I worked to pass the Adam Walsh Act without extraneous add-ons during the 109th Congress. To that end, my staff worked with Senator Coburn's staff to draft a proposed compromise child exploitation bill that includes the key provisions of the child pornography and exploitation legislation in the proposed omnibus, as well as important legislation to strengthen the powers of the National Center for Missing and Exploited Children, the SAFE Act, which was omitted from the omnibus bill.

My support is also invested in efforts to maintain the natural beauty of the Chesapeake Bay Watershed while simultaneously preserving its resources for the communities it serves. S. 2707, The Chesapeake Bay Gateways and Water Trails Network Continuing Authorization Act, will permanently authorize appropriations for these vital programs. I cosponsored this legislation because I believe it is a critical organization whose mission to protect the bay is vital for the communities affected by this watershed.

Another environmental act I have fervently supported and of which I am an original cosponsor, is S. 496, the Appalachian Regional Development Act Amendments of 2008. The bill renews the Appalachian Regional Commission for 5 years--2007-2011--and authorizes $510 million to be appropriated over that timeframe for the Commission's economic development activities in distressed rural counties.

Numerous health care provisions I have worked hard for can also be found in this package, including S. 1382, which establishes a registry of those suffering from amyotrophic lateral sclerosis, ALS, better known as Lou Gehrig's disease. The registry will gather data about those who are diagnosed with the disease to better understand and research the illness. As Ranking Member of the Labor, Health and Human Services and Education--LHHS--Appropriations Subcommittee, I support research and an ALS registry. I worked to provide $39 million for NIH research of ALS in 2008 and $2.8 million to plan the ALS registry.

I am also a cosponsor of S. 1183, the Christopher and Dana Reeve Paralysis Act, to expand paralysis research at the National Institutes of Health, NIH, and set up a network to allow patients and their families to quickly learn the result of clinical trials on paralysis rehabilitation drugs. The LHHS fiscal year 2008 appropriations bill provided $64 million for NIH spinal cord research.

The package also included bills, H.R. 3112, S. 1810 intended to create a new Federal grant program to pay for information and support services regarding Down syndrome and other prenatally or postnatally diagnosed conditions. While awaiting these authorization bills, I have worked with Senator Harkin to get a jump start on these much-needed activities by including $1 million to establish the congenital disabilities program in the fiscal year 2009 Labor, HHS, and Education Appropriations bill. In addition, the Labor-HHS Subcommittee provided almost $1 million to the CDC in fiscal year 2009 for awareness activities related to Down syndrome.

One of the bills, H.R. 477, would permit the issuing of grants to states for stroke care systems. As ranking member of the Labor-HHS Appropriations Subcommittee, I have worked to increase CDC funding for heart disease and stroke activities in the States to over $50 million and NIH funding for stroke research to over $340 million in fiscal year 2008.

Another bill, S 1375, would establish a grant program for services to mothers suffering from postpartum depression. As ranking member of the Labor-HHS Appropriations Subcommittee, I have worked with Chairman Harkin to include $4.9 million for a first-time motherhood initiative within the maternal and child health block grant.

I also support S. 675, the Training for Realtime Writers Act of 2007. The Telecommunications Act of 1996 requires 100 percent closed captioning for all new English broadcast programming by January 1, 2006. That deadline has come and gone. There are not enough real time writers and captioners to meet this unfunded mandate out in the workforce. Furthermore, the Telecommunications Act of 1996 requires 100 percent closed captioning for all new Spanish broadcast programming by January 1, 2010. America is very far from achieving this goal. S. 675 will assist with training the workforce to provide closed captioning for the 30 million Americans who are deaf or hard-of-hearing.

I support H.R. 3320, the Support for the Museum of the History of Polish Jews Act of 2007, which requires assistance from the Department of State to support the development of a permanent collection at the Museum of the History of Polish Jews in Warsaw, Poland. It is in the national interest of the United States to encourage the preservation and protection of artifacts associated with the heritage of U.S. citizens who trace their forbearers to other countries and to encourage the collection and dissemination of knowledge about that heritage. Most recently, I traveled to Poland on August 27, 2007, and observed fist hand the importance of museums that examine Poland in WW II, specifically the Polish uprising and the Home Army. The Museum of the History of Polish Jews will complement the current museum facilities in Warsaw by preserving and presenting the history of the Jewish people in Poland, which had the largest Jewish population in Europe at the beginning of World War II.

Having outlined a number of priorities and areas of support I have with this omnibus bill, let the record show that I support the package as a whole. However, as evidenced by my vote against cloture on the motion to proceed to the bill, I believe the energy situation is too important to set aside until we have completed or frankly even started our work on it by allowing amendments to be considered. It has been said on this floor that explaining opposition to this omnibus bill to our constituents will be difficult. While this premonition may have some merit,

I trust that the people of Pennsylvania and the Nation will support efforts to deal with high energy prices and encouraging the kind of open and fair debate that leads to better policies across the board.

I reinitiate my suggestion that the Senate stay in session during the month of August, if the majority leader would hold a legitimate session that provides the kind of deliberation that has led many to call the U.S. Senate ``the greatest deliberative body in the world.'' Members of this body should be prepared to work as long and hard as necessary in order to reach a solution to the energy crisis not based upon political appeasement, but results. It is time we allow debate and compromise to reverberate through this chamber as we find areas of agreement in the best tradition of the Senate.

Mr. President, there is a celebration today of the 40th anniversary of the Wild and Scenic Rivers Act. I want to acknowledge that important occasion by announcing two bills I am proposing today that will expand protection for some of Oregon's most special places and will lock in their preservation for generations to come.

The first bill is the Oregon Caves National Monument Boundary Adjustment Act, which will secure protection for a stunning piece of Oregon that includes natural treasures both above and below the ground at the Oregon Caves. The Oregon Caves has a unique geologic history and is particularly known as the longest marble cave open to the public west of the Continental Divide. With the bill I am introducing today, we will be creating the first subterranean wild and scenic river, a perennial stream at the monument known as the River Styx. This river is an underground portion of Cave Creek that flows through part of the cave and is one of the dynamic natural forces at work in the national monument.

The National Park Service has formally proposed a boundary modification for the Oregon Caves National Monument many times. They did it first in 1939. They did it again in 1949 and most recently in 2000. Today, I am happy to propose legislation to enact that boundary adjustment into law. I was born in 1949. It seems to me that after this effort has gone on literally for decades, it is time to secure this protection for generations to come. I want to make sure the new Wyden twins, William Peter and Ava Rose, are going to enjoy it with millions of Oregonians. That is why it is important that this action be taken and taken quickly.

Expanding this boundary will allow us to further protect the stunning majesty of both the underground and the above-ground treasures found at this national monument.

Established by a Presidential proclamation in 1909, the Oregon Caves National Monument is a 480-acre natural wonder located in the botanically-rich Siskiyou Mountains. It was originally set aside because of its unusual scientific interest and importance. Oregon Caves has a unique geologic history

and is particularly known as the longest marble cave open to the public west of the Continental Divide.

A perennial stream, the ``River Styx''--an underground portion of Cave Creek--flows through part of the cave and is one of the dynamic natural forces at work in the national monument. The cave ecosystem provides habitat for numerous plants and animals, including some state- sensitive species such as Townsend's big-eared bats and several cave- adapted species of arthropods, insects, spiders, etc., found only in the Oregon Caves and nowhere else. The caves possess a significant collection of Pleistocene-aged fossils, including jaguar and grizzly bear. Grizzly bones that were found in the cave in 1995 were estimated to be at least 50,000 years old, the oldest known from either North or South America.

Today, I am proposing legislation that will enhance the protection of the resources associated with Oregon Caves National Monument and increase public recreation opportunities by adding surrounding lands to the monument. My bill would expand the monument boundary by 4,084 acres to include the entire Cave Creek Watershed, management of which would be transferred from the United States Forest Service to the National Park Service. In addition, my legislation would designate at least 9.6 miles of rivers and tributaries as wild, scenic, or recreational, under the federal Wild and Scenic Rivers Act, including the first subterranean wild and scenic river, the River Styx. This bill would also provide authorization for retirement of existing grazing allotments.

When the Oregon Caves National Monument was established in 1909, the focus was on the unique subsurface resources, and the small rectangular boundary was thought to be adequate to protect the cave. Through the years, however, scientific research and technology have provided new information about the cave's ecology, and the impacts from the surface environment and the related hydrological processes. The current 480- acre boundary is insufficient to adequately protect this cave system. The National Park Service has formally proposed a boundary modification numerous times, first in 1939, again in 1949, and most recently in 2000. Today, I am happy to propose legislation to enact that boundary adjustment into law.

The Oregon Caves National Monument makes a unique contribution to Southern Oregon's economy and to the national heritage. The monument receives over 80,000 visitors annually, and is the second smallest unit of the National Park System. A larger monument boundary will help showcase more fully the recreational opportunities on the above-ground lands within the proposed monument boundary. In addition to the numerous subsurface resources, the monument's above-ground lands in the Siskiyou Mountains possess a beauty and diversity that is unique in America, and indeed the world. The extensive biological diversity stems from the unique geology of the region and the range of temperatures, fire regimes, and climates found in the area that create a region rich in endemic plants, fish-bearing streams, and the most varied conifer forest on the planet. The Oregon Caves National Monument's approximately 500 plants, 5,000 animals, 2,000 fungi, and over a million bacteria per acre that make the spot have one of the highest concentrations of biological diversity anywhere.

Expanding the monument's boundary will also preserve the caves' resources by protecting the water that enters the cave. Water quality has been a major concern and the activities on the adjacent lands can affect the water quality and the caves' precious resources. By granting the National Park Service the ability to safeguard these resources, and by providing for a voluntary donation of grazing permits, my legislation will be able to better protect these resources. The current grazing permitee, Phil Krouse's family, has had the Big Grayback Grazing Allotment, 19,703 acres, since 1937. Over the decades, the number of allowed livestock has diminished, but the livestock still has an impact on the drinking water supply and the water quality of this natural gem. Mr. Krouse has publicly stated that he would look favorably upon retirement with private compensation for his allotment, such as my legislation will allow to proceed.

I want to express my thanks to all the volunteers and supporters in the local business and conservation community in Southern Oregon, to Phil Krouse for his commitment to Oregon's natural resources, and to Craig Ackerman, the former Superintendent of the Oregon Caves National Monument. My colleagues in the House of Representatives, Representatives DeFazio, Hooley, Blumenauer and Wu will be introducing companion legislation in the House today and I look forward to working with them to advance this legislation.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, the second piece of legislation I introduce today is the Lower Rogue Wild and Scenic Rivers Act. The Rogue River is a much beloved piece of Oregon's beautiful landscape. This bill will protect the waters that feed it.

Protecting the wild and scenic tributaries to the Rogue River is a critical step in protecting the backbone of one of Oregon's most important sport and commercial fisheries. In 2008, the American Rivers Organization named the Rogue and its tributaries as the second most endangered river in our country. I am hoping to change that today by introducing this legislation which would protect 143 miles of wild and scenic tributaries that feed the Rogue River with cold, clean water.

The Rogue River is one of our Nation's premier recreation destinations, famous for its free flowing waters which provide numerous rafting and fishing opportunities. The headwaters of this great river start in one of Oregon's other great gems--Crater Lake National Park-- and ultimately empty into the Pacific Ocean near Gold Beach on the Southwest Oregon coast. Along that stretch, the Rogue River flows through one of the most spectacular canyons and diverse natural areas in the United States. The Rogue River is home to runs of coho, spring and fall chinook, winter and summer steelhead--and it has the special distinction of being one of only several rivers in the country with runs of green sturgeon.

The Rogue River received its first protections in the original Wild and Scenic Rivers Act, in 1968. A narrow stretch of land was protected along the river banks. Since that time, a great deal has been learned about the importance of protecting the tributaries that feed into the main stem of the Rogue. Protecting the wild and scenic tributaries to the Rogue River is a critical step in protecting the backbone of one of Oregon's most important sport and commercial fisheries.

In 2008, American Rivers named the Rogue and its tributaries as the second most endangered river in the U.S. I'm hoping to change that today by introducing legislation to protect this river and its tributaries. My proposal would protect 143 miles of wild and scenic tributaries that feed the Rogue River with cold clean water. The protected tributaries would include Galice Creek, Little Windy Creek, Jenny Creek, Long Gulch--and 36 other tributaries of the Rogue.

By protecting the tributaries that feed this mighty river, I will seek to protect the Rogue River for future generations so they can enjoy the Rogue River as we do today. My colleagues in the House of Representatives, Representatives DeFazio, Hooley, Blumenauer and Wu will be introducing companion legislation in the House today. I want to express my thanks to the conservation and business communities of Southern Oregon, who have worked diligently to protect these waters and enable the outdoor recreationists to use and enjoy these rivers. I look forward to working with my House colleagues and the bill's other supporters to advance our legislation to the President's desk.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I move to proceed to Calendar No. 894, S. 3297. With that, I send a cloture motion to the desk.

Mr. President, pursuant to rule XLIV of the Standing Rules of the Senate, I hereby certify that, to the best of my knowledge and belief based upon information provided to me by the committees of jurisdiction, S. 3297 does not contain any congressionally directed spending item, limited tax benefit, or limited tariff benefit, as those terms are defined in rule XLIV.

There are no tax or tariff provisions in the bill whatsoever. Nor do I believe the bill contains any ``congressionally directed spending items'' which rule XLIV defines as ``a provision or report language included primarily at the request of a Senator providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or Congressional district, other than through a statutory or administrative formula- driven or competitive award process.''

To clear up any misconceptions, the bill provides only authorizations--enactment of the bills would have no effect on the Federal budget deficit or debt. As the nonpartisan CBO stated in a letter regarding S. 3297, ``By themselves--that is, in the absence of subsequent legislation--those authorizations [in S. 3297] do not cause changes in Federal spending or revenues.'' I wish to ask that a copy of this and a related CBO letter be printed in the Record.

As a formal matter, no provision of S. 3297 could qualify as a congressionally directed spending item under rule XLIV because no provision was added ``primarily at the request of a Senator.'' S. 3297 is a compilation of bills identified by my staff as meeting the following criteria: No. 1. the other Chamber has approved companion legislation; No. 2. the Senate committee of jurisdiction supports the bill, e.g., by approving it in Committee, by assenting to a ``hotline,'' et cetera; No. 3. the bill has broad bipartisan support, and No. 4, to the best of our knowledge the only impediment to enacting the bill was the obstruction of a single Member of the Senate. Bills were included in the package because they met these criteria, not ``primarily at the request of a Senator.'' That is, with one exception noted below, if a bill satisfied these criteria, it was included in the package regardless of whether a Senator requested its inclusion, and if it did not satisfy these criteria, it was not included regardless of whether a Senator requested its inclusion.

The only item in the package that does not meet all of these criteria is the Prenatally and Postnatally Diagnosed Conditions Awareness Act, S. 1810, introduced by Senator Brownback and cosponsored by Senator Kennedy, because it has not yet been passed by the House. Senator Brownback requested inclusion of the provision in the package, Senator Kennedy supported the bill, and it apparently has broad bipartisan support. No provision of that act could be considered a congressionally directed spending item, limited tax benefit, or limited tariff benefit.

But because the spirit of transparency underlying rule XLIV is not served by such a formal approach, my staff asked the committees of jurisdiction to identify any item that might be considered a congressionally directed spending item in the respective bills as considered by committee. Each committee indicated that it did not believe any item included in S. 3297 within its respective jurisdiction meets the definition of a congressionally directed spending item.

The Advancing America's Priorities Act includes many important bills, including the following: a bill to promote research into and better care for those suffering from Lou Gehrig's disease; a bill to promote research into and better care for Americans suffering paralysis, a healthcare problem all too prevalent among our brave veterans; a bill to promote research into and better care for individuals who suffer strokes; a bill to promote research into and awareness of postpartum depression; several bills to protect children from exploitation and to crack down on child pornography; several bills to reauthorize successful U.S. foreign policy programs; a bill to promote the safety of families enjoying America's beaches; a bill to help increase the availability of broadband throughout the United States; several bills to improve our understanding of the oceans; and a bill to promote investments in mitigating risks before a disaster strikes, saving the Federal and State governments money in the long run.

To avoid specious arguments that distract from the substance of these important bills, and in the interest of the broadest possible transparency, I provide here information about each of the items that even might be alleged to be a congressionally directed spending item.

One subtitle in the bill, title VI, subtitle A, authorizes $1.5 billion in funding for capital investments and preventive maintenance projects for the Washington Metropolitan Area Transit Authority, an authority established pursuant to a compact provided for under Federal law. Over 40 percent of the Washington Metro ridership consists of Federal employees. The Government relies upon Metro for transporting the millions of tourists who visit the Nation's Capital each year, for special events, and for evacuation planning. Since the Metro was first built, the Federal Government has made capital investments in the Metro on three separate occasions: 1969, 1980, and 1990. Apparently, a Republican Senator is claiming this subtitle constitutes an ``earmark.'' Assuming that the term ``earmark'' is intended to be synonymous with ``congressionally directed spending item,'' this claim appears to be inaccurate. Under this theory of what constitutes a ``congressionally directed spending item,'' nearly every authorization or appropriation relating to an entity within the government of Washington, DC, would be considered an earmark. The House did not consider the legislation to contain an earmark under equivalent House rules. Senators Mikulski, Warner, Cardin, and Webb sent a letter supporting inclusion of this provision in the package. It was included because it satisfied the criteria noted above.

Another item in the bill, title VII, authorizes $12 million for the Smithsonian Institution to construct a greenhouse facility at its museum support facility in Suitland, MD. The lease on the greenhouse currently used by the Smithsonian Institution expires next May. If the Smithsonian Institution does not obtain a new greenhouse facility, it will have to find a way to dispose of the scientifically important National Orchid Collection, over 11,000 orchids, many of which are extinct or threatened in the wild. Further, the greenhouse is important to the historic gardens surrounding the Smithsonian Museums. The provision would not appear to meet the definition of a congressionally directed spending item in any event because it is a House-originated item, the House committee noted that the legislation was requested by the Smithsonian Institution--the authorization is directed to a Federal trust instrumentality, and money appropriated under the provision would be spent under a competitive bidding process. The House committee of jurisdiction stated that it was unclear whether the provision met the definition of a ``congressional earmark''

under equivalent House rules. Senators Dodd and Leahy expressed their support for including the provision in the package. It was included because it satisfied the criteria noted above.

One bill in the package--title V, subtitle B, part II, subpart B-- authorizes funding for the National Oceanic and Atmospheric Administration, NOAA, to advance undersea technology through the National Institute for Undersea Science and Technology. This technology supports NOAA's Undersea Research Program's, NURP's, regional centers. The National Institute for Undersea Science and Technology was established in 2002 at the University of Mississippi--Oxford, MS--and the University of Southern Mississippi--Stennis Space Center, MS--in partnership with NURP's. The National Technology Institute and undersea regional centers undergo periodic external review. According to the best information available to me, funds under the provision would be administered through a competitive award process, and therefore this provision would not appear to constitute a congressionally directed spending item. A similar provision in a House companion bill was not treated as an earmark under equivalent House rules. According to the best information available to me, Senator Cochran requested inclusion of the provision in the original committee-passed bill. The part of the bill in which the provision is located was not included in the package at the request of a Senator; it was included because it satisfied the criteria noted above.

Finally, another item in the bill authorizes $5 million in funding for the Museum of the History of Polish Jews, Title IV, subtitle F. This provision would not appear to meet the Rule XLIV definition of ``congressionally directed spending item'' as it is a House-originated item, there is no indication that the House treated it as containing an earmark under equivalent House rules, and it is clear that support for the provision is based on widespread agreement with the policy underlying it, not parochial interests--the House bill passed the House of Representatives by a vote of 407 to 13. The provision was not included at the request of a Senator; it was included because it satisfied the criteria noted above.

Mr. President, I ask unanimous consent to have the two letters to which I referred printed in the Record.

Madam President, we also, I think, need a government that will stand up for the weakest and most vulnerable amongst us as well.

I have got a real story of human heroism that I wanted to share with the body, and then I am hopeful we can agree to a piece of legislation that Senator Kennedy and I have done that has been rolled into this bigger package that has drawn a lot of difficulty.

But this is a piece Senator Kennedy and I have worked on for a couple of years now. There is no reason for this to be blocked. So I am hopeful we can then move to it and pass it through this body, move it on forward.

I have got a picture of a gentleman. I want to show you a wonderful man. This is Thomas Vander Woude. This is an incredible story here in the suburbs around Washington, DC. On September 8, Thomas Vander Woude returned from mass that he had gone to in Gainesville, VA. He attended mass regularly and was working in his yard with his youngest son, who is 20 years old, Joseph. He is known by the family as Josie. Josie is a Downs syndrome adult. He fell through a 2 foot by 2 foot piece of metal that covered an opening to a septic tank, Josie did. His dad Thomas immediately rushed to his aid. According to an account in the Washington Post, when he saw that Joseph could not keep his head above the muck, Vander Woude, who was 66, jumped in the tank, ``submerged himself in sewage so he could push his son up from below and keep his head above the muck.''

Tom Vander Woude saved his son, but he drowned in the process. As it is stated so eloquently: There is no greater love than to lay down your life for another. And Tom Vander Woude laid down his life for his 20- year-old Downs syndrome son. This is a beautiful story that has taken place of the dedication of a father for his son, an act of heroism, but in his quiet life of dedication to his son, to his wife Mary Ellen of 43 years, to his six sons, 24 grandchildren, and to his country.

Tom served his Nation as a pilot in Vietnam, and after the war worked as a commercial airline pilot. Around the community of Gainesville, though, he was known as a generous neighbor, a volunteer at church, a basketball and soccer coach for the high school in Manassas that five of his sons attended.

He was also a farmer, something dear to my heart, I know to the Chair, the Presiding Officer as well. Most of all, he was known as Josie's devoted dad. Wherever you found Tom--at a game, at church, helping a neighbor--there was Josie, lending a hand.

Tom Vander Woude knew the value of his son's life. He considered it so precious that he gave his own to save it. He never considered the special care and attention that Joseph required because of his Downs syndrome, he never considered that a burden to the family. On the contrary, ``he always considered Joseph a wonderful blessing to the family,'' a special gift from God who brings out the best in his family and the lives of all of those he touches.

This is true of so many families who have children with difficulties. They find that through all of the difficulty and trial of caring for and providing for their child who has a mental disability, these special individuals are ambassadors of love and of understanding, filled with an openness and unconditional affection that acts as a humanizing force of compassion in their families and in their communities.

But we have to be open to this kind of gift and to the potential of every human life to make our world a better place. Now that I reflect on Tom Vander Woude and the value he placed on the life of his son, I also thought of Sarah Palin and what she said about her son, Trig, born in April. When the Governor and her husband Todd were told last year that the child she was expecting in May would be born with Downs syndrome, they knew that ending that pregnancy was never an option for them. After all, why would it be? ``We understand,'' she was quoted as saying at the time, ``that every innocent life has wonderful potential.''

The problem is that between 80 and 90 percent of the children diagnosed with Downs syndrome in the United States will not make it to the world, simply because they have a positive genetic test in prenatal screening, tests which can be wrong, by the way. I have had a number of people come up to me and say they had a positive Downs syndrome designation and the child was born and the child did not have Downs syndrome.

America is poorer because of this. To deny children with disabilities a chance at life will make us more insensitive, callous, and jaded, and will take away from the diversity of American life. I do not think this is what we were meant to do.

So Senator Kennedy and I, for about 2 years now, have been working on a bill. What we are trying to do with this bill is to see that more Downs syndrome children make it here and get here. It is a pretty simple bill that establishes a registry of people who are willing to adopt Downs syndrome children. So that if someone gets that diagnosis and they say, I cannot handle it, fine. The answer is not to kill the child, the answer is to put the child up for adoption. We have got people willing to adopt it, and also to put forward information to people about the current condition of a Downs syndrome child and what all is available, because a lot is available for this child.

So we worked a long time, got the spending lined up--we are in good shape on that--and we are ready to move forward with this so we can get more of these special kids here.

What I was hoping we can do, and we had it almost passed through, and then this got caught up in the clutter of things, was that we could get this bill hot-lined--Senator Kennedy's sister is a big proponent of this, has done great work with the Special Olympics--that we could do this. It got caught up in this overall package. Nobody objects to this bill. What I would like to see us do is let us take the pieces of this overall omnibus that we can agree to and let's do them. So then we have got some progress that is being shown.

Unanimous-Consent Request--S. 1810

I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 701, S. 1810, the Prenatally and Postnatally Diagnosed Conditions Awareness Act. The lead sponsors are Senator Kennedy and myself.

I ask unanimous consent that the amendment at the desk be agreed to, the committee-reported amendment, as amended, be agreed to, the bill as amended be read a third time and passed, the motion to reconsider be laid upon the table with no interviewing action or debate, and that we can get more of these special children here.

I object.

Madam President, I would say, let's take pieces of that overall big bill that we can agree to.

Unanimous-Consent Request--S. 1810 and Others

I ask unanimous consent that we agree to consider S. 1810 which I cited, and then the PROTECT Our Children Act, and the Effective Child Pornography Prosecution Act--they have all been considered and cleared on both sides--and we move to the immediate consideration of those.

Madam President, I hope we could move forward with this. It would show that we can get something done in the body. There is no objection. We have worked on this for multiple years. We have got the funding worked out. This is a time in the country where people have heightened awareness of the genetic discrimination that takes place in utero. We have passed bills here that said you cannot discriminate against an individual for their genetic type once they are born, but in utero they are killed. That surely is not something that people want or defend or think is right.

This is not even a limitation on that. It is saying that all we are going to do here is establish a registry and provide current information if you get a Downs syndrome designation. I hope in the interest of this wonderful gentleman Tom Vander Woude we could see this considered. I am sad that we are not doing that in this particular situation.

The day after Trig was born to the Palins, they released the following statement. I thought it was so beautiful, I will read it here:

Trig is beautiful and already adored by us. We know through

early testing he would face special challenges. We feel

privileged that God would entrust us with this gift and allow

us unspeakable joy as he entered our lives. We have faith

that every baby is created for good purpose and has potential

to make this world a better place. We are truly blessed.

All we are asking is that more people would really have that opportunity to do that or, if they don't feel they can handle it, to put that child up for adoption on a registry that we establish. It would be an important thing for us to be able to move forward with. I am sorry we cannot get that piece done here today.

I suggest the absence of a quorum.

Mr. President, I am pleased to join Senator Specter and Senator Kohl in introducing important legislation designed to protect our communities and particularly our most precious asset, our children, not only by keeping them safe and out of trouble, but also by helping to ensure they have the opportunity to become productive adult members of society. Senator Specter and Senator Kohl have been leaders in this area of the law for decades, and I am honored to work with them once again on such an important initiative. I thank Senator Kohl for sharing with me the responsibilities of chairing the Committee's hearing on this bill in December, and for working so hard to draft this legislation.

The Juvenile Justice and Delinquency Prevention Act, JJDPA, sets out Federal policy and standards for the administration of juvenile justice in the states. It authorizes key Federal resources for states to improve their juvenile justice systems and for communities to develop programs to prevent young people from getting into trouble. With the reauthorization of this important legislation, we recommit to these important goals but also push the law forward in key ways to better serve our communities and our children.

The basic goals of the Juvenile Justice and Delinquency Prevention Act remain the same: keeping our communities safe by reducing juvenile crime, promoting programs and policies that keep children out of the criminal justice system, and encouraging states to implement policies designed to steer those children who do enter the juvenile justice system back onto a track to become contributing members of society.

The reauthorization of the JJDPA that we introduce today augments these goals in several ways. First, this bill encourages states to move away from keeping young people in adult jails. The Center for Disease Control and Prevention concluded late last year that children who are held in adult prisons commit more crimes, and more serious crimes, when they are released, than children with similar histories who are kept in juvenile facilities. After years of pressure to try more and more young people as adults and to send them to adult prisons, it is time to seriously consider the strong evidence that this policy is not working.

We must do this with ample consideration for the fiscal constraints on states, particularly in these lean budget times, and with ample deference to the traditional role of states in setting their own criminal justice policy. We have done so here. But we also must work to ensure that unless strong and considered reasons dictate otherwise, the presumption must be that children will be kept with other children, particularly before they have been convicted of any wrongdoing.

As a former prosecutor, I know well the importance of holding criminals accountable for their crimes with strong sentences. But when we are talking about children, we must also think about how best to help them become responsible, contributing members of society as adults. That keeps us all safer.

I am disturbed that children from minority communities continue to be overrepresented in the juvenile justice system. This bill encourages states to take new steps to identify the reasons for this serious and continuing problem and to work together with the Federal government and with local communities to find ways to start solving it.

I am also concerned that too many runaway and homeless young people are locked up for so-called status offenses, like truancy, without having committed any crime. In a Judiciary Committee hearing earlier this year on the reauthorization of the Runaway and Homeless Youth Act, I was amazed by the plight of this vulnerable population, even in the wealthiest country in the world, and inspired by their ability to rise above that adversity. The Runaway and Homeless Youth Act seeks to provide necessary services to vulnerable young people.

Complementing that effort, this reauthorization of the JJDPA takes strong and significant steps to move states away from detaining children from at-risk populations for status offenses. This bill requires rigorous new procedures before a state can detain a status offender, and strictly limits the time they may be detained. This provision was drafted with the limited resources of states in mind, deference to judicial discretion, and the need to keep children safe when no other appropriate placement is available, but it aims to move states decisively in the direction of ending the practice of detaining status offenders, as some states already have.

As I have worked with experts on this legislation, it has become abundantly clear that mental health and drug treatment are fundamental to making real progress toward keeping juvenile offenders from recidivism. Mental disorders are two to three times more common among children in the juvenile justice system than in the general population, and fully eighty percent of young people in the juvenile justice system have been found by some studies to have a connection to substance abuse. Often these young people face coexisting mental health and drug problems. This bill takes new and important steps to prioritize and fund mental health and drug treatment.

The bill tackles several other key facets of juvenile justice reform. It emphasizes effective training of personnel who work with young people in the juvenile justice system, both to encourage the use of approaches that have been proven effective and to eliminate cruel and unnecessary treatment of juveniles. It also creates incentives for the use of programs that research and testing have shown to work best.

Finally, the bill refocuses attention on prevention programs intended to keep children from ever entering the criminal justice system. I was struck when Chief Richard Miranda of Tucson,

Arizona, said at our December hearing on this bill that we cannot arrest our way out of the problem. I heard the same sentiment from Chief Anthony Bossi and others at the Judiciary Committee's field hearing on young people and violent crime in Rutland, Vermont, earlier this year. When seasoned police officers from Rutland, Vermont, to Tucson, Arizona, tell me that prevention programs are pivotal, I pay attention.

Just as this administration and recent Republican Congresses have gutted programs that support state and local law enforcement, so they have consistently cut and narrowed effective prevention programs, creating a dangerous vacuum. We need to reverse this trend and help our communities implement programs proven to help kids turn their lives around.

I have long supported a strong Federal commitment to preventing youth violence, and I have worked hard on past reauthorizations of this legislation, as have Senators Specter and Kohl and others on the Judiciary Committee. We have learned the importance of balancing strong law enforcement with effective prevention programs. This reauthorization pushes forward new ways to help children move out of the criminal justice system, return to school, and become responsible, hard-working members of our communities.

I thank the many prominent Vermont representatives of law enforcement, the juvenile justice system, and prevention-oriented non- profits who have spoken to me in support of reauthorizing this important Act and who have helped inform my understanding of these issues. They include Ken Schatz of the Burlington City Attorney's Office, Vermont Juvenile Justice Specialist Theresa Lay-Sleeper, and Chief Steve McQueen of the Winooski Police Department. I know that many of my colleagues on the Committee have heard from passionate leaders on this issue in their own states.

These are difficult issues. We all care deeply about the well-being of our children and our communities, but we will not always agree completely on the best way to address the problems that keep too many of our young people ensnared in the justice system. After months of research and discussions, Senator Kohl, Senator Specter, and I believe we have found a way forward toward creating a system that will work more effectively to protect our young people. I hope all Senators will support this important legislation.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.