A joint resolution directing the United States to initiate international discussions and take necessary steps with other Nations to negotiate an agreement for managing migratory and transboundary fish stocks in the Arctic Ocean.

Mr. President, today I rise to discuss the All Students Can Achieve Act that I am introducing today with Senators Lieberman and Coleman.

I was proud to have been a part of developing the No Child Left Behind legislation 5 years ago, which made strides in holding schools accountable and drawing attention to the students who had fallen between the cracks. Senators Lieberman, Coleman, and I have come together to build upon the successes of No Child Left Behind, to improve it, and to help our Nation's schools take the next step to help all of our students to achieve and to succeed. Louisiana has made great progress in its standards and accountability, now ranking number one in the Nation. However, of the more than 650,000 students in Louisiana, many are not meeting academic achievement goals. We need to help all of our students meet and exceed achievement expectations.

The All Students Can Achieve Act focuses on the achievements of all students. Recognizing that quality data systems are crucial to measuring the progress of student achievement, we have included a requirement to establish data systems and provided funding authorizations and incentives to support the development of such systems. In order to ensure that all students are achieving, states must create comprehensive data systems that track students' academic progress and other factors that affect their success.

One of the most important factors in school and student achievement is teachers. The quality of teachers should be determined by their effect on students' learning, not just their qualifications. All students should have effective teachers. Thus, these data systems must link student achievement data to teachers, allowing states to

measure teacher effectiveness. In addition, this bill requires the equitable distribution of effective teachers and non-federal funding.

States should be held accountable for student achievement. However, students do not progress at the same pace. Louisiana has recognized this and has incorporated growth labels in its accountability system. Louisiana looks at the level of growth achieved by a school and each school's success in meeting its growth targets. The All Students Can Achieve Act allows states to use growth models in calculating adequate yearly progress. It allows states the flexibility to measure student academic growth, rather than strictly looking at test scores.

We must have high expectations for all students. To ensure that all elementary though secondary school students, regardless of where they live, are prepared for success in college or the workplace, states must set high expectations for all students. Academic standards must be designed to prepare students to succeed and assessments must be effective tools to measure students' progress toward meeting these standards. In addition, we need to continue to properly measure the achievement of all students. Thus, this bill will close current loopholes in the law that allow states to avoid counting students or skew achievement data.

The All Students Can Achieve Act aims to close the achievement gap. States need to focus resources on closing the achievement gap. This includes directing their attention to comprehensive interventions where more than 50% of students are not making Adequate Yearly Progress (AYP) or focused interventions where less than 50% of students are not making AYP. The All Students Can Achieve Act increases the amount of funding authorized for these interventions and focuses support where the need is greatest.

Another important measure of academic achievement is high school graduation rates, which should be tracked and reported for all groups of students. High school graduation rates are an important measure of academic achievement, but they must be calculated consistently and accurately. Like other assessments, these rates should be tracked and reported for all groups of students. Nearly 1.2 million students did not graduate from American high schools in 2006; the lost lifetime earnings in America for that class of dropouts alone totals more than $309 billion.

The All Students Can Achieve Act also increases focus on and support for high need students. For example, we have also included foster children and youth. There are over 800,000 foster children and youth. They face many of the same challenges as homeless children and youth. They go through numerous changes in where they live and go to school. They lack stability and permanency. Thus, we have added them to the McKinney-Vento Act, in order to ensure that they do not fall through the cracks. We hope that by giving them access to the services and protections of McKinney-Vento, their schools will become a safe and permanent place in their lives.

Public education is important to Senators Lieberman, Coleman, and me. We want our Nation's children to be prepared to compete and succeed once they graduate. We need to improve our schools and hold them accountable for the achievement of all students. Though there has been much discussion about No Child Left Behind Act, there has been little action toward the reauthorization of this law. We have heard from our constituents about the parts of NCLB that work and the parts that do not work for our students at home. Through a nationwide public process, the Aspen Institute has generated concrete, actionable recommendations that will improve schools for the Nation's children. We wanted to take this opportunity to help begin the process of improving this law. We have come together to take a bipartisan approach to improving the education of all students. We have pulled together the proposals that we think will best serve our students and improve public education in America. We want people to actively discuss our proposal. We hope that people will support what we have done or build upon it.

Mr. President, I rise today to introduce the Home Ownership Made Easier Act, or the HOME Act. This bill will revitalize our Nation's rural communities by making it easier to become a homeowner and to provide opportunities to refinance high interest and subprime loans.

Our country has provided many excellent opportunities over the years to individuals living in rural areas to become a homeowner. One of these programs is what is commonly referred to as the 502 program administered by the U.S. Department of Agriculture. This program administers guaranteed loans to low-income families that are backed by the U.S. Government. Families must be able to show that they are without adequate housing and not exceed certain income limits. Currently, these loans last 30 years and do not require a down payment, however the applicant must be able to afford mortgage payments, including taxes, and insurance.

I applaud the success of the 502 program. In Louisiana alone, the program has already administered 1,212 loans for 2007 and nationwide, the program has administered 27,643 loans. While the program does cost the taxpayer approximately $42 million a year, it administers over $3 billion in loans a year. Let me repeat that again, for $42 million a year, our Government is able to provide $3 billion in loans a year to low-income families to become homeowners. The risk extremely low. In 2006, the 502 program has a foreclosure rate of 1.36 percent. Again, I applaud the success of our Government to provide this much-needed help to rural Americans.

Some might ask why should the Federal Government help low-income families become homeowners? The answer is simple. Homeownership provides financial advantages to owners and to their communities. Individuals who own homes have an investment, of those that own homes, on average, one-half of the equity in their homes is one-half of their net worth. Homeowners enjoy tax benefits and they also enjoy financial stability if they are locked into a permanent interest rate. Communities also benefit, those that have a high percentage of homeownership see increased involvement with the community and with the local schools.

Also, maybe most importantly, homeownership by low-income households is linked to a child's educational advancement and future success.

My HOME Act will build upon the success of the 502 program and update the program to reflect current conditions. In some instances, this law hasn't been updated in nearly 30 years.

The HOME Act will do five things. First, it will increase the qualifying income limits for families and set out a three-tiered level of income standard instead of the current eight tiered standard. The first tier will be for families that have one to four individuals, the second tier is established for families of 5 to 8 persons and the third tier is for families larger than eight.

The second change will affect the qualifying population limit. Currently, the population limit is tied to communities of 10,000 or less in an areas contained within a standard metropolitan statistical area, MSA, and communities less than 20,000 if they are not contained within a MSA. My HOME Act will expand the qualifying population limit to encompass rural communities of 40,000 or less.

HOME Act legislation will maintain the guaranteed fee that an applicant is required to pay at 2 percent, instead of raising the fee to 3 percent. This is to keep costs low for the borrower. It will also reduce the redtape involved by allowing an applicant that qualifies for a 502 loan to receive that loan regardless of whether or not the applicant can qualify for another Federal Government housing loan.

Finally, my bill will provide opportunities for individuals inside and outside the 502 program to refinance their loans. These opportunities include refinancing to pay for a first or second purchase mortgage, for repairs to structural deficiencies, to pay for closing costs, and allow a borrower to consolidate debts up to the greater of $10,000 or 10 percent.

The 502 program is an excellent program that has helped many individuals and families afford to purchase a clean, affordable home that increases their quality of life. I want to expand this program and allow more opportunities for low-income rural Americans to become homeowners. This is a good bill and I look forward to working with my colleagues to make this bill a reality.

Mr. President, I thank the Chair.

I hope I have the attention of all of my colleagues because I believe we have an opportunity--we have an absolute necessity--to pass the Foreign Intelligence Surveillance Act modifications prior to leaving for the August recess. It is absolutely critical for our national security that we change the law which currently, by its application, is denying our intelligence community a very significant portion of the signals intelligence they could collect on al-Qaida and other terrorist sources who may well be planning another 9/11 attack on the United States.

It has been publicly disclosed that al-Qaida's discussions are more active now than they had been since 2001 and even more since 2001, but we are, because of the application of this law, partially deaf to those communications. If we are to protect our homeland, the people of America, as well as our troops in the field, we have to collect better intelligence because that is our only significant weapon to fend off the attacks of those, through their misguided ideas, who want to inspire terror and kill as many Americans as possible.

The Director of National Intelligence, Mike McConnell, whom I believe the people in this body have come to know and respect, told us in April that it was urgent that we reform the FISA law. He sent us a proposal on April 27. He appeared before our committee in open hearings on May 1 and discussed at length the challenges and the threat we face and the need for revision of the FISA law. I had hoped we would move on that at the time, but some wanted to get more Department of Justice opinions. Nothing happened. I offered my version. My version, on behalf of Republican members, drew no response.

The DNI, Director of National Intelligence, Admiral McConnell, came before a session of the entire Senate in S-407, our classified security area, a month ago, and he told us about the need to reform the law and to reform the law now. A significant number--not a majority--of this body was there, but everybody who heard him speak recognized the absolute, compelling necessity to move. Since time was running out, he offered a slimmed-down proposal.

There are a number of things which need to be done with respect to FISA that can wait, and to accommodate the concerns of some on the other side of the aisle, he agreed to hold off dealing with issues such as carrier liability and streamlining FISA. But he presented to us a measure that he said was critically important, that must be passed so we don't remain deaf during August to discussions of threats being carried on by al-Qaida and others seeking to do us harm.

As a result of the submission he made, we had another hearing for all Members of the Senate on Tuesday night, and at that Tuesday night session, several Democratic chairmen raised concerns with him about his proposal and their desire to have a different form. I was not privy to their

negotiations, but through the good efforts of Director McConnell, I found out what they were proposing, and it was obvious to me, as it was clear to Director McConnell, that this would not allow him to do what he needed to do and would not allow NSA to move forward on collection of vital information needed for his job to keep America safe.

The next day, the admiral modified his original proposal to take into account some of the reasonable concerns the Democrats raised, things he thought he could live with. Leader McConnell and I introduced that on Wednesday evening. Since that time, there have been several more iterations coming from Democratic staff and some Democratic chairmen that have been presented to Director McConnell. He has reviewed them, and they do not meet the needs. He has responded to them, to try to find ways to accommodate them, and he has not been able to accommodate them.

The admiral now is traveling and out of contact. He said that given the lateness of the hour and the fact that this is such a critical issue, the negotiations are over, and he said he would make one more accommodation to meet concerns of the majority party. So he has agreed that he would support and urge the President to sign the McConnell-Bond measure introduced on Wednesday night, with one accommodation; that is, to add a 6-month sunset to provisions of the law allowing the operations to continue under the orders put forward at that time.

It will be my intent, after discussions with the leaders, to attempt to call this measure up so we can go to work on it and get it done, to keep our country safe and to allow us to come back after the recess and work on other portions of the FISA law that may be necessary and I think are very necessary. But right now, to keep the country safe, we need to pass this measure.

The Director of National Intelligence said----

I would be happy to.

Mr. President, the Senator from Georgia--and a valuable member of the Intelligence Committee--is precisely right. What we have before us is what is absolutely necessary to keep our country safe. He asked for the basic provisions.

Basically, what Senator McConnell has proposed--which is not a Republican proposal, it is not a Democratic proposal, it is the proposal of Admiral McConnell as the Director of National Intelligence--is that the Government, the intelligence community, can listen in on communications from foreign sources, foreign intelligence, of somebody located overseas. If they find a suspect in the United States--and we call that a U.S. person--then any collection has to go before the FISA Court, which was established in 1978, before any collection can start against that target. It allows the Attorney General, with the Director of National Intelligence, to authorize that collection.

Now, the DNI's proposal has made a number of accommodations to the points raised by our Democratic chairmen at that Tuesday night meeting. It includes having the FISA Court review the procedures to ensure that the targets of our collection without a warrant are overseas. I don't think court review is necessary, but it is an added layer of protection that several key Democratic chairmen wanted.

I have been to NSA. I have seen how the procedures are so carefully monitored, with layers of oversight, supervision, reviews of attorneys, reviews of the inspector general, to make sure that the only intelligence they are collecting without a warrant is where the target is a person reasonably believed to be outside the United States.

Mr. President, I ask unanimous consent for 5 more minutes to answer the questions that have been raised.

I thank the Chair. I thank my colleague from Georgia for a very fine statement.

I don't remember all of the questions, but I do remember his last question, which was, is it imperative for national security that we adopt this now. The Senator is correct. We were unable to accept communications prior to September 11, 2001. After that tragedy occurred, the President instituted a program, which he revealed several years later, to intercept foreign calls from al-Qaida coming into the United States and, because of concerns and questions raised in oversight, the President put the program to intercept foreign intelligence under the FISA Court. Now, at this point, because of the change in technology since the time FISA was adopted in 1978, inadvertently the new technology being used comes under FISA and prevents, in many instances, the collection of information on a foreign target.

The foreign targets are the ones, as the Senator from Georgia so correctly pointed out, who were giving information, and still give information and direction and strategic operations, to terrorists who may well be in the United States. Yes, it is vitally important that we change this now. I hope my colleagues will review this and that we can get a large, bipartisan majority. This is not a Republican proposal. I tried my Republican proposal and didn't get a majority to support that. There are Democratic proposals and, to the extent they can be accommodated by the DNI and allow him to take the collections he needs against foreign

targets, without a warrant--unless we can change the law, he will be deaf and we will be endangered in August and thereafter.

Regarding the question my colleague from Georgia raised about terrorists communicating in the United States, if there is collection, if we have intelligence that there are terrorists communicating in the United States--they would be non-U.S. persons--we would still have to go to the FISA Court to get an order before anybody can collect on them. If a U.S. person receives a call, the U.S. person's participation is what they call minimized and it is put aside. That person does not become a target if he or she is a U.S. person, unless and until there is a FISA Court order included.

Yes.

Yes. I have a very important message from the DNI:

We understand that the FISA court judges urgently support a

more appropriate alignment of the court's caseload and

jurisdiction away from the focus on non-U.S. persons

operating outside of the United States. The judges have

clearly expressed both frustration with the fact that so much

of their docket is consumed by applications that focus on

foreign targets and involve minimal privacy interests of

Americans.

That is the end of the statement that has been communicated to us by electronics from the DNI--that FISA Court judges have asked today that we pass a law that gets them out of the business of overseeing foreign target collection.

I yield the floor.

Mr. President, I thank the Senator from New Hampshire. I am not at liberty to disclose the amount, but it is very significant. I cannot give him the percentages, but it is more significant than the Senator has suggested.

I thank the Senator from Utah.

Mr. President, today, I am introducing the Secondhand Smoke Education and Outreach Act of 2007 to provide information to the public about the health consequences of secondhand smoke and support tobacco cessation education.

I want to thank Senators Sanders and Murray for cosponsoring the Secondhand Smoke Education and Outreach Act and recognize them as strong advocates for smoking cessation efforts.

I believe that tobacco use constitutes one of the greatest threats to public health, a conclusion that was also expressed in the 2000 Supreme Court ruling, and I also believe that we have a duty to safeguard our Nation's health against tobacco products.

Every year, an estimated 400,000 smokers die as a result of smoking- related diseases. But nonsmokers also suffer and die from exposure to tobacco smoke.

Last year, the Surgeon General issued the report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, which found that there is no risk-free level of exposure to secondhand smoke. The Surgeon General reported that nearly half of all nonsmoking Americans are still regularly exposed to secondhand smoke, which contains more than 50 carcinogens.

Living with a smoker increases a non-smoker's risk of developing lung cancer by 20 to 30 percent and, according to the California Environmental Protection Agency, exposure to secondhand smoke causes approximately 3,000 lung cancer deaths in the U.S. each year. Secondhand smoke also causes 46,000 cardiac deaths annually in our country.

Studies have shown that exposure to secondhand smoke has both immediate and long-term adverse health consequences on the adult cardiovascular system. Exposure to secondhand smoke for 30 minutes can damage coronary arteries, while sustained exposure can increase the risk of coronary heart disease by 20 to 30 percent.

Although more than 20 States have passed smoke-free laws, including laws that ban smoking in restaurants and bars, Americans of all age groups are involuntarily exposed to tobacco smoke through exposure in workplaces, homes, cars, apartments, and even outdoor public spaces. According to the National Cancer Institute, racial and ethnic minorities in the U.S. have higher rates of occupational exposure to secondhand smoke, with Latinos and Native Americans having the highest rates.

Therefore, it is critical that individuals, especially youth, should not be exposed to secondhand smoke. Further, parents should have access to information about the adverse health consequences so that they can better protect their children and themselves from secondhand smoke.

Education about the dangers of tobacco use and exposure to tobacco smoke is absolutely critical for combating the misleading messages that the tobacco industry propagates through savvy advertising campaigns.

There is strong evidence that tobacco advertisements cynically target advertising to adult and adolescent women. According to an analysis published by the Journal of the American Medical Association in 1994 and a 2001 report by the Surgeon General, the tobacco industry has targeted women with some form of this dangerous promotional strategy for almost a century, beginning in the 1920s. The latest example of this is chronicled in a recent New York Times editorial, entitled ``Don't Fall for Hot Pink Camels'', which discusses R.J. Reynolds's $25 million to $50 million investment in an advertising campaign behind the new female-friendly Camel No. 9.

In addition to targeting women, tobacco advertisements are also designed to appeal to our youth. In the August 2006 racketeering suit brought by the Justice Department against the tobacco industry, Judge Kessler's Final Opinion concluded that: ``. . . Defendants continue to engage in many practices which target youth, and deny that they do so. Despite the provisions of the MSA, Defendants continue to track youth behavior and preferences and market to youth using imagery which appeals to the needs and desires of adolescents.'' This is an unconscionable, but effective, practice. A study published this year in the Archives of Pediatrics and Adolescent Medicine concluded that youth are more likely to start smoking if exposed to retail cigarette advertising and that cigarette promotions also increase the probability of youth becoming regular smokers.

Finally, racial and ethnic minority communities are disproportionately targeted with advertising campaigns for tobacco products, according to the U.S. Department of Health and Human Services. The tobacco industry has contributed to primary and secondary schools, funded universities and colleges, and supported scholarship programs targeting racial and ethnic minorities. Tobacco companies have also placed advertising in community publications and sponsored cultural events in racial and ethnic minority communities.

Despite the public's growing understanding of the health dangers posed by tobacco, too many still succumb to the lure of these deadly products. According to the Centers for Disease Control and Prevention, over 20 percent of adults currently smoke cigarettes in the U.S. Among racial and ethnic communities, approximately 16 percent of Hispanic adults, 13 percent of Asian American adults, 22 percent of Caucasians adults, 22 percent of African American adults, and 32 percent of American Indians and Alaska Natives currently smoke cigarettes.

As for our Nation's youth, a 2005 National Survey on Drug Use and Health reported that nearly 3 million Americans under the age of 18 currently smoke cigarettes. According to the CDC, unless current rates of youth smoking are reversed, more than 6.3 million children under the age of 18 will die from smoking-related diseases.

That is why health care professionals should have the opportunity to receive training in the delivery of evidence-based tobacco dependence and prevention treatment in order to assist smokers in overcoming their addiction and educating all patients about the harm of secondhand smoke.

That is why I, along with Senators Sanders and Murray, am introducing the Secondhand Smoke Education and Outreach Act. I am grateful to have developed this proposal with the American Lung Association, the American Cancer Society, the American Heart Association, and the Campaign for Tobacco Free Kids.

This bill, through education and outreach, will help reverse the public's underestimation of the harm that secondhand smoke can wreck on one's health and will promote smoking cessation efforts across our nation.

This new legislation would establish grants and demonstration projects, awarded by the Secretary of HHS in consultation with the SAMHSA administrator, for educating the public about the health consequences of secondhand smoke in multi-unit dwellings and in public spaces, such as public parks, playgrounds, and national parks. Special consideration would be given to awarding grants to organizations whose participation includes secondary school or college-age individuals, and to organizations that reach racial or ethnic populations that experience a disproportionate share of the cancer burden.

The Secondhand Smoke Education and Outreach Act would also authorize and fund grants for regional or local tobacco cessation education and counseling for health care workers and providers. The training curricula would assist smokers in quitting through smoking cessation counseling, educate smokers and nonsmokers about the

health consequences of secondhand smoke, and help promote self- sustaining networks for the delivery of affordable, accessible, and effective cessation services.

The U.S. spends more on health care than any other industrialized nation and yet we struggle to provide adequate health care for all our citizens. We literally cannot afford the myriad of health problems that we know result from tobacco use: bladder, esophageal, laryngeal, lung, oral, and throat cancers, chronic lung diseases, coronary heart and cardiovascular diseases, as well as reproductive effects and sudden infant death syndrome.

The Secondhand Smoke Education and Outreach Act is an important step in ensuring that our nation's communities have the knowledge they need to keep themselves and their environments healthy, and I look forward to working with my colleagues to enact this legislation during the upcoming reauthorization of the Substance Abuse and Mental Health Services Administration at the Department of Health and Human Services.

I ask unanimous consent that letters of support be printed in the Record.

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on September 27, 2007, at 9:30 a.m., in open session to consider the following nominations: Admiral Gary Roughead, USN for reappointment to the grade of Admiral and to be Chief of Naval Operations; General William E. Ward, USA for reappointment to the grade of General and to be Commander, United States Africa command; General Kevin P. Chilton, USAF for reappointment to the grade of General and to be Commander, United States Strategic Command; and Lieutenant General James N. Mattis, USMC to be General and to be Commander, United States Joint Forces Command and Supreme Allied Commander for Transformation.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to hold a hearing during the session of the Senate on Thursday, September 27, 2007, at 10:30 a.m., in room 253 of the Russell Senate Office Building.

The hearing will focus on modernization and efforts to address the needs of the air traffic system and to improve the movement of aircraft and passengers. Subcommittee members will be provided the opportunity to review problems encountered by travelers during the summer 2007 travel season and to consider steps that can be taken to improve the air traffic system.

Mr. President, I ask unanimous consent that the Committee on Commerce Science, and Transportation be authorized to hold a business meeting during the session of the Senate on Thursday, September 27, 2007, at 2:30 p.m., in room 253 of the Russell Senate Office Building.

During the Executive Session, Committee members will markup the following agenda items: S. 1578, Ballast Water Management Act of 2007; S. 1889, Railroad Safety Enhancement Act of 2007; S. 1453, Internet Tax Freedom Act (ITFA) Extension Act of 2007; S. 1965, Protecting Children in the 21st Century Act; S.J. Res. 17, a joint resolution directing the United States to initiate international discussions and take necessary steps with other Nations to negotiate an agreement for managing migratory and transboundary fish stocks in the Arctic Ocean; S. Con. Res. 39, a concurrent resolution supporting the goals and ideals of a world day of remembrance for road crash victims; Nominations for Promotion in the United States Coast Guard (PN 878, PN 946, PN 947, and

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to hold a hearing during the session of the Senate on Thursday, September 27, 2007, at 9:30 a.m. in room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing is to receive testimony on hard rock mining on Federal lands.

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session of the Senate on Thursday, September 27, 2007, at 10 a.m., in room SD-215 of the Dirksen Senate Office Building, to hear testimony on the ``Border Insecurity, Take Three: Open and Unmonitored''.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, September 27, 2007, at 2:30 p.m. to hold a hearing on the Convention on the Law of the Sea.

Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Thursday, September 27, 2007, at 9 a.m. in room 628 of the Dirksen Senate Office Building to conduct a business meeting to consider pending business, to be followed immediately by an oversight hearing on the prevalence of violence against Indian women.

Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary be authorized to meet during the session of the Senate in order to conduct a markup on Thursday, September 27, 2007, at 10 a.m. in the Dirksen Senate Office Building room 226.

Agenda:

I. Bills: S. 1267, Free Flow of Information Act of 2007, (Lugar, Dodd, Graham), S. 2035, Free Flow of Information Act of 2007, (Specter, Schumer).

S.J. Res. 13, Joint resolution granting consent to the International Emergency Management Assistance Memorandum of Understanding, (Leahy, Snowe, Kennedy, Whitehouse), S. 980, Online Pharmacy Consumer Protection Act of 2007, (Feinstein, Sessions, Biden).

II. Resolutions: S. Con. Res. 45, commending the Ed Block Courage Award Foundation for its work in aiding children and families affected by child abuse, and designating November 2007 as National Courage Month, (Cardin, Cornyn).

S. Res. 258, recognizing the historical and educational significance of the Atlantic Freedom Tour of the Freedom Schooner Amistad, and expressing the sense of the Senate that preserving the legacy of the Amistad story is important in promoting multicultural dialogue, education, and cooperation, (Dodd).

III. Nominations: James Russell Dedrick to be United States Attorney for the Eastern District of Tennessee.

Mr. President, I ask unanimous consent for the Committee on Veterans' Affairs to be authorized to meet during the session of the Senate on Thursday, September 27, 2007, in order to conduct a hearing on the Nomination of Paul J. Hutter to be General Counsel, Department of Veterans Affairs. The committee will meet in room 562 of the Dirksen Senate Office Building, at 9:30 a.m.

Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary, Subcommittee on Antitrust, Competition Policy and Consumer Rights, be authorized conduct a hearing entitled ``An Examination of the Google- DoubleClick Merger and the Online Advertising Industry: What are the Risks for Competition and Privacy?'' on Thursday, September 27, 2007, at 2 p.m. in the Dirksen Senate Office Building room 226.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs' Subcommittee on Federal Financial Management, Government Information, Federal Services and International Security be authorized to meet on Thursday, September 27, 2007, at 3:30 p.m. in order to conduct a hearing entitled ``Cost Effective Airlift in the 21st Century''.

Mr. President, I ask unanimous consent that the Subcommittee on National Parks of the Committee on Energy and Natural Resources be authorized to hold a hearing during the session of the Senate on Thursday, September 27, 2007, at 2:30 p.m. in room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing is to receive testimony on the following bills: S. 128, to amend the Cache La Poudre River Corridor Act to designate a new management entity, make certain technical and conforming amendments, enhance private property protections, and for other purposes; S. 148, to establish the Paterson Great Falls National Park in the State of New Jersey, and for other purposes; S. 189, to decrease the matching funds requirement and authorize additional appropriations for Keweenaw National Historical Park in the State of Michigan; S. 697, to establish the Steel Industry National Historic Site in the State of Pennsylvania; S. 867, to adjust the boundary of Lowell National Historical Park, and for other purposes; S. 1039, a bill to extend the authorization for the Coastal Heritage Trail in the State of New Jersey; S. 1341, to provide for the exchange of certain Bureau of Land Management land in Pima County, Arizona, and for other purposes; S. 1476, to authorize the Secretary of the Interior to conduct a special resources study of the Tule Lake Segregation Center in Modoc County, California, to determine the suitability and feasibility of establishing a unit of the National Park System; S. 1709 and H.R. 1239, to amend the National Underground Railroad Network to Freedom Act of 1998 to provide additional staff and oversight of funds to carry out the Act, and for other purposes; S. 1808, to authorize the exchange of certain land in Denali National Park in the State of Alaska; S. 1969, to authorize the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of designating Estate Grange and other sites related to Alexander Hamilton's life on the island of St. Croix in the

U.S. Virgin Islands as a unit of the National Park System, and for other purposes.

Mr. President, I ask unanimous consent that following my remarks, the Senator from North Dakota be recognized.

We only have about 8 minutes to go, but that is fine.

Mr. President, I add to that that it is very significant. We do know that.

I thank the distinguished Senator from Missouri for his remarks because he is a leader in this area and certainly has no higher interest than protecting our country and our citizens.

Mr. President, as Congress prepares to adjourn for the traditional August recess, I want to draw continued emphasis to a significant issue: FISA modernization.

I am greatly encouraged by the bipartisan negotiations concerning this topic. However, I remain troubled about the possibility of adjournment without resolution of this vital initiative. It is very-- simple passing a bill with limited FISA modernization will contribute to a safer America. If passing this bill means we must delay our recess, then we must do it. We should be able to get together today, though.

Do you think al-Qaida takes a recess? It is essential that we not adjourn until we send an appropriate bill to the President.

While some issues that we debate in Congress necessitate that we persuade Members of a pressing need, this is not one of them. Every Senator in the 110th Congress knows that the current FISA statute has loopholes which are putting our country at increased risk.

How should we tackle this issue? I suggest we take a logical and sound approach: Identify the problem, discuss and debate solutions, implement the solution. In this case, we have identified the problem.

The Foreign Intelligence Surveillance Act has not been changed to reflect the vast technological changes that have occurred since this law was passed in 1978. Since the law has not been appropriately modified, our Nation is missing potentially valuable intelligence that is essential to protect our country. Getting this intelligence is essential for our safety. It is about getting the enemy's secrets-- their plans and intentions--without them knowing we've got them.

The Director of National Intelligence, Mike McConnell, has done a tremendous job in explaining the exceptional problems that our intelligence community continues to encounter based on antiquated sections of the law. When the United States Director of National Intelligence says our country is at risk, I hope we are listening. Let me read a quote that Director McConnell recently stated:

Many Americans would be surprised at just what the current

law requires. To state the facts plainly: In a significant

number of cases, our intelligence agencies must obtain a

court order to monitor the communications of foreigners

suspected of terrorist activity who are physically located in

foreign countries. We are in this situation because the law

simply has not kept pace with technology.

This is a powerful statement that Director McConnell gives. However, I must disagree with one thing he says. I don't think most Americans would be ``surprised'' by what our current law requires, I think most Americans would be outraged by what our current law requires. A terrorist in Afghanistan speaks with a terrorist in Iraq, and U.S. intelligence agencies need a court order to listen to this conversation?

This is absurd.

We need to bring FISA back to its original intent to protect the rights and privacy of American individuals while allowing us to monitor foreign individuals outside of the United States.

The President of the United States has also recognized the perilous situation in which we find ourselves. In his radio address last weekend, he stated that ``Our intelligence community warns that under the current statute, we are missing a significant amount of foreign intelligence that we should be collecting to protect our country.''

Let's look closely at this. Our intelligence community is saying that we are missing a significant amount of foreign intelligence. Why are we missing this intelligence? Is it because we don't know how to get it?

No.

Is it because we don't have the ability or funds to get it?

No.

Is it because terrorist groups have technology that we can't exploit?

No.

It is because a law passed in 1978 has not been appropriately amended to conform with the technological advances that we have seen since that time. Why are we handcuffing ourselves?

I believe most Americans would look at this situation and simply shake their heads.

If we know we have a problem, and we know how to fix it, why don't we? Is the excuse that we might not have enough time before recess?

Of course we have time.

We'll make time.

It is outrageous that we would even consider a recess while this problem and other loopholes of the FISA law remain intact.

If we can't get this done, why are we here? It is no wonder that the approval ratings for Congress are approaching all time lows.

Quite simply, we have a problem, but we know how to fix it. I note that Senator Bond has introduced a straight

forward measure which we can pass today.

This bill will put the tools back in the hands of the people who work tirelessly in providing a safe environment for American families throughout this great country.

This amendment of FISA simply returns the law to its original intent, which is twofold: first, allowing surveillance of foreign targets, who were never underprotected under FISA; and second, guaranteeing the privacy and rights of U.S. persons, who remain protected.

It is time to address this situation. I would ask my colleagues to join me in pledging to pass legislation in this area before we recess. This is not about partisan politics.

This is about protecting Americans. We are all painfully aware of the continued dangers that our country continues to face at the hands of organized groups and dedicated individuals who desire nothing more than the collapse of our country as a superpower.

This is not a case of the boy who cried wolf. We know the threats are out there. However, each day that passes creates emotional distance between the nightmares of September 11, and each new day provides opportunities to heal.

We don't have to live our lives in fear, but we have to acknowledge that the world changed that day. Rather than obsessing over news reports, let's enjoy the tremendous opportunities that the greatest Nation on Earth provides.

And let's ensure that all of the dedicated and noble professionals who play a part in ensuring our liberty and safety are not hampered by nonpartisan problems that we have the ability to fix.

We always hear that the terrorists have an asymmetrical advantage over us: They do not operate as nation-states, and some of them are willing to die as suicide bombers.

But we have a massive asymmetrical advantage over them: Our technological prowess.

Are we to compromise one of our greatest strengths, when that strength is essential, effective and lawful?

I remind my colleagues that even though we will return to our States for the recess, our enemies and their threats don't go away. They don't adjust their schedules to fit ours.

Make no mistake, inaction on our part needlessly subjects every American to increased danger. We need to act.

We have two options: Cut into August recess if necessary to provide safety to Americans, or go home and leave this vulnerability intact.

The answer is an easy one: Let's ensure that our defenders have all of the tools they need for our continued safety, no matter how long it takes.

I urge my colleagues to join me in pledging to pass FISA modernization legislation before our recess. I yield the floor.