Floor Statements

Mr. President, I believe we need a short-term and long- term fix for FISA. It is important to extend the program now and then finish the job in the weeks and months ahead. Updating FISA has to be done in a meticulous way. The real work will come in the near future when there is time to debate how to update this important tool that we need to protect the American people

Mr. President, today I honor the work of an organization dedicated to preserving the memory of our service men and women who have died on active duty since the terrorist attacks of September 11, 2001.

Project Compassion has dedicated itself to providing one gallery- quality portrait of every one of these fallen heroes to their designated next of kin at no cost to the family. Project Compassion started in the spring of 2003 in the State of Utah, when a local artist named Kaziah Hancock learned of the death of a fellow Utah resident who was serving in Iraq. She located the soldier's family and painted a free portrait for them as a gift of her appreciation. She then decided to paint as many portraits of our fallen men and women as her personal time and savings would allow. For more than 5 years, she has refused to take a single dollar from anyone who has received a painting.

And in these last 5 years, Project Compassion has never faltered in its mission to provide a tangible ``thank-you'' to the families of the brave men and women who have fallen in service to our country. That mission has required the addition of four more artists, all of whom dedicate their time to be a part of the effort. In November 2004, Project Compassion teamed up with Marie Woolf, a California-based creative media director, who agreed to manage and publicize the project. She worked to establish crucial relationships with the media, government, and the armed services to fulfill the Project Compassion mission.

All of the military services except for the Army now include Project Compassion information with the standard paperwork personally delivered by casualty officers. However, Project Compassion is one of the Army's few third party organizations approved to contact next of kin who have given their consent to be contacted. Project Compassion is also a member of America Supports You, a Defense Department program connecting citizens and corporations with military personnel and their families serving at home and abroad.

As of July, over 600 portraits have been completed and delivered to the

families of our fallen servicemen and women. Project Compassion has earned major international, national, local, and military media recognition of its unusual service, including from CNN, CBS, NBC, and PBS, and it is certainly well-deserved.

Mr. President, the story of Project Compassion is one of which we can all be proud. It is a story of everyday Americans bringing comfort to those who have lost a loved one in uniform. Ms. Hancock has taken her gifts as an artist and used them to honor people she has never met and never known. But she has stated that ``These soldiers and their families are our buddies, they are our family as Americans, and we love them.'' I am proud to honor the work of Project Compassion today.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on August 1, 2007, at 9:30 a.m., to mark up S. 1677, the Currency Reform and Financial Markets Access Act of 2007; S. 1518, the Community Partnership to End Homelessness Act of 2007; an original bill entitled the FHA Modernization Act of 2007; an original bill entitled the Housing Assistance Authorization Act of 2007; an original bill entitled the Private Student Loan Transparency and Improvement Act of 2007; and an original bill entitled the Commission on National Catastrophe Risk Management and Insurance Act of 2007.

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 Wednesday, August 1, 2007, at 2:30 p.m., in room 253 of the Russell Senate Office Building.

The U.S. Department of Commerce and its component bureaus are responsible for the stewardship, protection, and scientific understanding of our ocean environment and its resources, effective use and growth of the Nation's technological resources, and promoting U.S. trade and tourism. The oversight hearing will examine the Department's effectiveness in implementing these goals.

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 Wednesday, August 1, 2007, at 9:30 a.m. in room SD-366 of the Dirksen Senate Office Building.

The purpose of this hearing is to receive testimony on recent advances in clean coal technology, including the prospects for deploying these technologies at a commercial scale in the near future.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, August 1, 2007, at 9:30 a.m. to hold a hearing on Africa.

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet in executive session during the session of the Senate on Wednesday, August 1, 2007 at 10 a.m. in the LBJ Room, S-211, of the Capitol building. We will be considering the following:

1. S. 625, Family Smoking Prevention and Tobacco Control Act

2. S. 1183, Christopher and Dana Reeve Paralysis Act

3. S. 579, Breast Cancer and Environmental Research Act of 2007

4. S. 898, Alzheimer's Breakthrough Act of 2007

5. S. 1858, Newborn Screening Saves Lives Act of 2007

6. The Following Nominations: Diane Auer Jones, of Maryland, to be Assistant Secretary for Postsecondary Education, Department of Education; David C. Geary, of Missouri, to be a member of the Board of Directors of the National Board for Education Sciences; Miguel Campaneria, of Puerto Rico, to be a member of the National Council on the Arts; and any nominations ready for action.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet on Wednesday, August 1, 2007, at 10 a.m. in order to conduct business meeting to consider pending committee business.

Agenda

Nominations: The Honorable James A. Nussle to be Director, Office of Management and Budget; Dennis R. Schrader to be Deputy Administrator for National Preparedness, Federal Emergency Management Agency, U.S. Department of Homeland Security.

Legislation: S. 680, Accountability in Government Contracting Act of 2007; H.R. 1254, Presidential Library Donation Reform Act of 2007; S. __, an original bill to provide for the flexibility of certain disaster relief funds, and for improved evacuation and sheltering during disasters and catastrophes; S. 1000, Telework Enhancement Act of 2007; S. 1446, National Capital Transportation Amendments Act of 2007; S. 547, Effective Homeland Security Management Act of 2007; S. 1245, a bill to reform mutual aid agreements for the National Capital Region; S. 597, a bill to extend the special postage stamp for breast cancer research for 2 years.

Post Office Naming Bills: H.R. 2570/S. 1732, a bill to designate the facility of the United States Postal Service located at 301 Boardwalk Drive in Fort Collins, Colorado, as the ``Dr. Karl E. Carson Post Office Building''; S. 1772, a bill to designate the facility of the United States Postal Service located at 127 South Elm Street in Gardner, Kansas, as the ``Private First Class Shane R. Austin Post Office''; S. 1781, a bill to designate the facility of the United States Postal Service located at 118 Minner Avenue in Bakersfield, California, as the ``Buck Owens Post Office''; H.R. 2127, a bill to designate the facility of the United States Postal Service located at 408 West 6th Street in Chelsea, Oklahoma, as the ``Clem Rogers McSpadden Post Office Building''; H.R. 2563/S. 1539, a bill to designate the facility of the United States Postal Service located at 309 East Linn Street in Marshalltown, Iowa, as the ``Major Scott Nisely Post Office''; S. 1596, a bill to designate the facility of the United States Postal Service located at 103 South Getty Street in Uvalde, Texas, as the ``Dolph S. Briscoe, Jr., Post Office Building''; H.R. 1722, a bill to designate the facility of the United States Postal Service located at 601 Banyan Trail in Boca Raton, Florida, as the ``Leonard W. Herman Post Office''; H.R. 1425, a bill to designate the facility of the United States Postal Service located at 4551 East 52nd Street in Odessa, Texas, as the ``Staff Sergeant Marvin `Rex' Young Post Office Building''; H.R. 2078, a bill to designate the facility of the United States Postal Service located at 14536 State Route 136 in Cherry Fork, Ohio, as the ``Staff Sergeant Omer `O.T.' Hawkins Post Office''; H.R. 2077, a bill to designate the facility of the United States Postal Service located at 20805 State Route 125 in Blue Creek, Ohio, as the ``George B. Lewis Post Office Building''; H.R. 1617, a bill to designate the facility of the United States Postal service located at 561 Kingsland Avenue in University City, Missouri, as the ``Harriet F. Woods Post Office Building''; H.R. 2025, a bill to designate the facility of the United States Postal service located at 11033 South State Street in Chicago, Illinois, as the ``Willye B. White Post Office Building''; H.R. 1335, a bill to designate the facility of the United States Postal service located at 508 East Main Street in Seneca, South Carolina, as the ``S/Sgt Lewis G. Watkins Post Office Building''; H.R. 1260, a bill to designate the facility of the United States Postal service located at 6301 Highway 58 in Harrison, Tennessee, as the ``Claude Ramsey Post Office''; H.R. 1434, a bill to designate the facility of the United States Postal Service located at 896 Pittsburgh Street in Springdale, Pennsylvania, as the ``Rachel Carson Post Office Building.''

Mr. President, I ask unanimous consent that the Committee on Small Business and Entrepreneurship be authorized to meet during the session of the Senate in order to conduct a roundtable entitled ``Reauthorization of the Small Business Innovation Research Programs: National Academies' Findings and Recommendations,'' on August 1, 2007, at 10 a.m. in room 428A of the Russell Senate Office Building.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on August 1, 2007, at 2:30 p.m. to hold an open hearing.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Government Affairs' Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia be authorized to meet on Wednesday, August 1, 2007, at 2:30 p.m. in order to conduct a hearing entitled Building a Stronger American Diplomatic.

Mr. President, I ask unanimous consent that the Subcommittee on Water and Power of the Committee on Energy and Natural Resources be authorized to hold a hearing during the session of the Senate on Wednesday, August 1, 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. 1054 and H.R. 122, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Inland Empire regional recycling project and in the Cucamonga Valley Water District recycling project; S. 1472, to authorize the Secretary of the Interior to create a Bureau of Reclamation partnership with the North Bay Water Reuse Authority and other regional partners to achieve objectives relating to water supply, water quality, and environmental restoration; S. 1475 and H.R. 1526, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Bay Area Regional Water Recycling Program, and for other purposes; H.R. 30, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Eastern Municipal Water District Recycled Water

System Pressurization and Expansion Project; H.R. 609, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Central Texas Recycling and Reuse Project, and for other purposes; and H.R. 1175, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to increase the ceiling on the Federal share of the costs of phase I of the Orange County, California, Regional Water Reclamation Project.

Mr. President, I rise today to support the reauthorization of the Children's Health Insurance Program--an essential effort to ensure the health of our Nation's children.

For the past 10 years, the Children's Health Insurance Program has helped provide health care for millions of children from working families that do not qualify for Medicaid but can't afford private insurance. These are the children of working families whose companies do not offer health insurance to their employees.

As the cost of health insurance rises and an increasing number of employers are unable or unwilling to provide health insurance to their employees and their families, the number of families who do not have health insurance has continued to rise.

While the number of the uninsured continues to rise, the percentage of low-income children without health insurance has dropped more than one-third since the creation of the Children's Health Insurance Program.

Currently the Children's Health Insurance Program provides coverage for 6.6 million children nationwide. This reauthorization would provide health care coverage for an additional 3.2 million children who are uninsured today. In California, an estimated 250,000 children will be added.

The Children's Health Insurance Program has always enjoyed the bipartisan support of our Congress, our Governors, and our President-- which is why I am shocked by the inadequacy of this administration's plan to insure the children of our Nation's working families.

The President is spending $10 billion each month in Iraq but has threatened to veto a bill that will provide 10 million children with access to health care. Under the President's proposal, he is willing to fund the Children's Health Insurance Program with an increase of $1 billion a year--the cost of 3 days in Iraq.

Under the administration's proposal, we end up counting how many children will lose health insurance instead of how many we can enroll. In the first year, the President's plan would eliminate health care insurance for 200,000 children in California alone--and the number of uninsured children would continue to climb.

This shortfall in funding would result in 800,000 children who are currently enrolled to lose their coverage. I ask the President, what does he propose these children do when they are sick?

If we fail to renew this program or if the President vetoes this bill as he has threatened to do, it is the children who will pay the price.

There is not a man or woman in this Chamber who wouldn't do everything within their power to ensure the health of their own children--we should do no less for the children of our Nation.

The Members of this Congress have overwhelmingly expressed a commitment to children's health. Earlier this year, we passed a budget resolution which set aside $50 billion for the Children's Health Insurance Program, reaffirming our commitment to the continued success of this program.

We can still do more and we will, but this bill is a step forward in the right direction.

I would like to thank Senators Baucus and Rockefeller, Senators Grassley and Hatch and the members of the Finance Committee who worked so tirelessly to bring this legislation forward in a bipartisan way, and keep the focus of this bill where it should be--on the children.

Mr. President, I suggest the absence of a quorum.

Mr. President, I ask my colleagues to join me today in honoring the 100th anniversary of a wonderful organization in my home State of California, the Marin Humane Society.

The Marin County Humane Society was founded on December 14, 1907, by Ethel H. Tompkins and a group of concerned citizens who wanted to find a solution to the plight of lost and abused animals. From its first animal shelter in the San Rafael stables in 1912, the organization has expanded its facilities to a four-building complex on a 7-acre campus. Today, the Marin Humane Society, which shortened its name in 1980, serves the community with 95 staff members and 800 volunteers.

Through the dedicated work of the Marin Humane Society, 8,000 animals each year find refuge, rehabilitation, and loving homes. This has included efforts to rescue animals lost and injured in disasters, such as the Oakland firestorm of 1991.

It is particularly noteworthy that in 2005, the organization brought over 2,500 Hurricane Katrina animal victims to bay area shelters and out of harm's way through its rescue effort, ``Orphans of the Storm.'' In partnership with commercial airlines, these pet airlifts were a first for the Nation and protected the lives of thousands of animals. Funded solely from private benefactors and coordinated by the Marin Humane Society, nine flights of lost animals arrived in the bay area in the 2 months following the disaster. Additional flights carried animals to southern California, Oregon, and Washington, where other animal shelters and rescue groups agreed to offer refuge.

The Marin Humane Society's admirable milestones continued in 2006, when it adopted its 250,000th animal to a loving home.

When in 1997 the Marin Humane Society staff felt they had made significant progress on controlling the pet overpopulation problem in Marin County, they decided to expand their services to neighboring counties through their Pet Partnership program. Volunteers brought thousands of dogs and cats from congested shelters in other communities to Marin to give them a second chance.

I am so pleased to acknowledge the Marin Humane Society's long and distinguished record of community service. Over the past century, the organization has educated children and adults on the importance of humane treatment of animals; provided comprehensive veterinary care and rehabilitation for neglected and abused animals; provided pet adoption services and dog training programs; and advocated for animal welfare policy on the local, State and Federal level.

I commend the Marin Humane Society staff and volunteers for their compassion and commitment to protecting and caring for our society's lost, neglected, and abused animals. They do a tremendous service to the greater community and are deserving of the highest recognition for their large hearts and generous ways. Please join me in celebrating the 100th Anniversary of the Marin Humane Society.

Madam President, it is with a heavy heart that I ask my colleagues to join me today in honoring the memory of two courageous firefighters, captain Matt Burton of Concord, CA and fire engineer Scott Desmond of Brentwood, CA. Captain Burton and Fire Engineer Desmond were heroes who died in the line of duty in San Pablo, CA on July 21, 2007. Captain Burton was 34 and Fire Engineer Desmond was 37.

Both men were dedicated firefighters who served in the Contra Costa County Fire Department for more than 10 years. They were killed while battling a residential fire in a neighborhood outside of San Pablo. The two residents of the home, Delbert and Gayle Moore, were also killed in the blaze.

Captain Burton and Fire Engineer Desmond are remembered by friends and colleagues as cheerful and full of life as well as seriously dedicated to their profession. The men served the community with enthusiasm and a commitment to protecting the residents of Contra Costa County.

Captain Matt Burton and Fire Engineer Scott Desmond risked their lives every day to make Contra Costa County safer. We will always be grateful for their brave service to their community and the State of California. Our hearts go out to their families, friends, and colleagues who struggle with their loss.

Captain Burton is survived by his wife, Chantel, and his two children, Megan and Joshua Matthew. Fire Engineer Desmond is survived by his wife Carolyn and his 17-month-old son Tyler.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Mr. President, the Senate is not in order.

The Senator deserves to be heard.

Will the Senator yield for a question?

I thank Senator Feinstein. She and I have gone to the farms. We have seen what is happening. We have seen the fruit just fall from the trees and wither when people are hungry. This is a ridiculous situation.

The question I have for my friend is--it is rather rhetorical, given the rules of the Senate--all of us have worked so hard for so many years for the AgJOBS bill. Isn't it a fact that it has been years since Howard Berman in the House started this and we all got involved? And isn't it so that instead of being a contentious matter, AgJOBS has had strong support, not only in the Senate but all over the country? Isn't it true that AgJOBS is supported not only by the owners of the ranches and the farms but also supported by all the unions and the labor people? And isn't that a reason to pull together, to unite? Isn't it so that it pulls together Republicans and Democrats?

Will the Senator yield further? I wish to tell my friends that I have discussed this with Senator Harkin. We had a meeting in my office about California priorities. I talked with him about how much Senator Feinstein and I would like this bill. I think he is very open. I am sorry the Senator from Georgia does not feel as we do about it, but I think we have a good chance of getting it in the farm bill, or at least getting a version of it and, if not, getting it done freestanding.

It is at a crisis point. Senator Feinstein has shown us that we are losing our people, we are losing farms, we are losing workers, we are losing whole economies, and it is just the start. Seven years ago, we knew this was going to happen. It is time to act.

I appreciate Senator Reid's commitments, and this is a man of his word. I hope we can all work with Senator Reid and also Senator McConnell to bypass some of the negativity we have heard tonight.

Mr. President, today I rise to pay tribute to 55 young Americans who have been killed in Iraq since April 28, 2007. This brings to 777 the number of soldiers who were either from California or based in California who have been killed while serving our country in Iraq. This represents 21 percent of all U.S. deaths in Iraq.

PFC Jay-D H. Ornsby-Adkins, 21, died on April 28 in Salman Pak, Iraq, of injuries sustained when an improvised explosive device detonated near his military vehicle and then encountered small arms fire. Private First Class Ornsby-Adkins was assigned to D Company, 1st Battalion, 15th Infantry Regiment, 3rd Infantry Division, Fort Benning, GA. He was from Ione, CA.

First LT Travis L. Manion, 26, died on April 29 while conducting combat operations in Al Anbar Province, Iraq. First Lieutenant Manion was assigned to 1st Reconnaissance Battalion, 1st Marine Division, I Marine Expeditionary Force, Camp Pendleton, CA.

SPC Astor A. Sunsin-Pineda, 20, died on May 2 in Baghdad, Iraq, when an improvised explosive device detonated near his military vehicle. Specialist Sunsin-Pineda was assigned to A Company, 4th Brigade Special Troops Battalion, 1st Infantry Division, Fort Riley, KS. He was from Long Beach, CA.

SGT Felix G. Gonzalez-Iraheta, 25, died May 3 in Baghdad, Iraq, of wounds suffered when his unit came in contact with enemy forces using small arms fire. Sergeant Gonzalez-Iraheta was assigned to the 1st Battalion, 18th Infantry Regiment, 2nd Brigade Combat Team, 1st Infantry Division, Schweinfurt, Germany. He was from Sun Valley, CA.

Cpl Charles O. Palmer II, 36, died May 5 while conducting combat operations in Al Anbar Province, Iraq. Corporal Palmer was assigned to 8th Communication Battalion, II Marine Expeditionary Force Headquarters Group, II MEF, Camp Lejeune, NC. He was from Manteca, CA.

PFC William A. Farrar Jr., 20, died May 11 in Al Iskandariyah, Iraq, of wounds suffered when an improvised explosive device detonated near his vehicle. Private First Class Farrar was assigned to the 127th Military Police Company, 709th Military Police Battalion, 18th Military Police Brigade, Darmstadt, Germany. He was from Redlands, CA.

SPC Rhys W. Klasno, 20, died May 13 in Haditha, Iraq, of wounds suffered when an improvised explosive device detonated near his vehicle. Specialist Klasno was assigned to the 1114th Transportation Company, Bakersfield, CA. He was from Riverside, CA.

SGT Steven M. Packer, 23, died May 17 in Rushdi Mullah, Iraq, of wounds suffered when his dismounted patrol encountered an improvised explosive device. Sergeant Packer was assigned to the 2nd Battalion, 14th Infantry Regiment, 2nd Brigade Combat Team, 10th Mountain Division, Fort Drum, NY. He was from Clovis, CA.

PFC Victor M. Fontanilla, 23, died May 17 in Iskandariya, Iraq, of wounds suffered when an improvised explosive device detonated near his vehicle. Private First Class Fontanilla was assigned to the 725th Brigade Support Battalion, 4th Brigade Combat Team, 25th Infantry Division, Fort Richardson, AK. He was from Stockton, CA.

SSG Christopher Moore, 28, died May 19 in Baghdad, Iraq, of wounds suffered when an improvised explosive device detonated near his vehicle. Staff Sergeant Moore was assigned to the 1st Battalion, 5th Cavalry Regiment, 2nd Brigade Combat Team, 1st Cavalry Division, Fort Hood, TX. He was from Alpaugh, CA.

PFC Joseph J. Anzack, Jr., 20, died in Al Taqa, Iraq. Private First Class Anzack was initially reported as Duty Status Whereabouts Unknown on May 12, 2007, when his patrol received small arms fire and explosives. Private First Class Anzack was assigned to D Company, 4th Battalion, 31st Infantry Regiment, 10th Mountain Division, Fort Drum, NY. He was from Torrance, CA.

PFC Daniel P. Cagle, 22, died in Balad, Iraq, died May 23 of wounds suffered when an improvised explosive device detonated near his unit in Ramadi, Iraq. Private First Class Cagle was assigned to the 3rd Battalion, 69th Armor Regiment, 1st Brigade Combat Team, 3rd Infantry Division, Fort Stewart, GA. He was from Carson, CA.

CPL Victor H. Toledo Pulido, 22, died May 23 in Al Nahrawan, Iraq, of wounds suffered when an improvised explosive device detonated near his vehicle. Corporal Toledo Pulido was assigned to 3d Squadron, 1st Cavalry Regiment, 3rd Brigade Combat Team, 3rd Infantry Division, Mechanized, Fort Benning, GA. He was from Hanford, CA.

SPC Gregory N. Millard, 22, died on May 26 in Salah Ad Din Province, Iraq, of injuries sustained when an improvised explosive device detonated near his military vehicle. Specialist Millard was assigned to A Company, 2nd Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division, Fort Bragg, NC. He was from San Diego, CA.

SGT Clayton G. Dunn II, 22, died on May 26 in Salah Ad Din Province, Iraq, of injuries sustained when an improvised explosive device detonated near his military vehicle. Sergeant Dunn was assigned to A Company, 2nd Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division, Fort Bragg, NC. He was from Moreno Valley, CA.

SPC Mark R. C. Caguioa, 21, died on May 24 at the National Naval Medical Center, Bethesda, MD, died of injuries sustained on May 4, 2007, in Baghdad, Iraq, when an improvised explosive device detonated near his military vehicle. Specialist Caguioa was assigned to B Company, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division, Fort Hood, TX. He was from Stockton, CA.

SGT Nicholas R. Walsh, 27, died May 26 from wounds suffered while conducting combat operations in Al Anbar Province, Iraq. Sergeant Walsh was assigned to the 1st Reconnaissance Battalion, 1st Marine Division, I Marine Expeditionary Force, Camp Pendleton, CA.

LCpl Emmanuel Villarreal, 21, died May 27 from a nonhostile vehicle accident at Kuwait Naval Base, Kuwait. Lance Corporal Villarreal was assigned to Battalion Landing Team 1st Battalion, 11th Marine Regiment, 13th Marine Expeditionary Unit, I Marine Expeditionary Force, Camp Pendleton, CA.

SSG Thomas M. McFall, 36, died May 28 in Baghdad, Iraq, of wounds suffered when an improvised explosive device detonated near his position during a dismounted patrol. Staff Sergeant McFall was assigned to the 1st Battalion, 38th Infantry Regiment, 4th Brigade, 2nd Infantry Division, Stryker Brigade Combat Team, Fort Lewis, WA. He was from Glendora, CA.

SPC Alexandre A. Alexeev, 23, died on May 28, in Abu Sayda, Iraq when an improvised explosive device detonated near his military vehicle. Specialist Alexeev was assigned to A Troop, 6th Squadron, 9th Cavalry Regiment, 1st Cavalry Division, Fort Hood, TX. He was from Wilmington,

Mr. President, we could accept this antideath penalty amendment, and we are going to accept it, so we would rather avoid a vote, if we might. We are willing to accept it.

Madam President, I ask my colleagues to join me in congratulating Tony Gwynn on his induction into the National Baseball Hall of Fame on July 29, 2007. During an illustrious 20-year career spent entirely with the San Diego Padres, Tony Gwynn was a consummate sportsman whose excellence at the plate earned him the recognition as one of the greatest hitters in the game's long and storied history.

A native Californian, Tony Gwynn was a standout student-athlete at San Diego State University, where he excelled on the school's baseball and basketball teams. Tony remains the only athlete in Western Athletic Conference history to be recognized as an all-conference performer in two sports. His talents on the baseball diamond and the basketball court would lead to his selection by the San Diego Padres and the National Basketball Association's San Diego Clippers on the same day in 1981.

Tony Gwynn made his major league debut on July 19, 1982. Over the course of the next 20 years, he would compile one of the most accomplished resumes in baseball history. A remarkable model of consistency, Tony batted over .300 for 19 consecutive seasons, leading to 3,141 career hits. A 15-time All-Star, he won 8 batting titles during his career, tying the National League record held by Honus Wagner. He is the only player in major league history to win four batting titles in two separate decades. A true all-around player, Tony also won five Gold Glove Awards in recognition of his defensive excellence in the outfield.

In addition to his accomplishments on the field, Tony Gwynn has also been widely recognized for his passion and commitment to make a positive impact in the community. In 1995, he was presented the Branch Rickey Award as the top community activist in Major League Baseball. He received the prestigious Roberto Clemente Man of the Year Award in 1999 for combining sportsmanship and community service with excellence on the field. That same year, he was inducted into the World Sports Humanitarian Hall of Fame in Boise, ID.

Affectionately known as ``Mr. Padre,'' the Padres retired his No. 19 jersey and named the street on which its beautiful downtown stadium is located ``Tony Gwynn Drive'' in his honor. Judging from his excellence on and off the field, it is clear to see why Tony Gwynn is one of the most admired and beloved sports figures in America.

As his teammates and fans would attest, Tony Gwynn is a deserving inductee into the National Baseball Hall

of Fame. Throughout his career in baseball, Tony has consistently conducted himself with integrity, character, and a commitment to community service, all the qualities that embody the best ideals of our national pastime.

I congratulate Tony Gwynn on his induction in the National Baseball Hall of Fame and wish him continued success in his future endeavors.

Madam President, I ask my colleagues to join me in honoring the memory of the late Elma Phyllis Sterling, a devoted mother and pioneering community leader in Fresno. Mrs. Sterling, a long-time Fresno resident, passed away on July 4, 2007. She was 94 years old.

Elma Phyllis Sterling was born on November 22, 1914. She attended high school and college in New Orleans. Upon her graduation from Xavier University, Mrs. Sterling served as a schoolteacher in Louisiana before moving to Oakland, CA, in 1944. Three years later, she married her husband, Feltus LeRoy Sterling, Jr. The couple eventually moved to Fresno, where they founded a successful funeral home that remains family-operated today. They raised four children, Consuelo Sterling- Meux, Cynthia Sterling, Feltus Leroy Sterling, Jr., and Alphonse Christopher Sterling.

In addition to operating a family-owned business and raising their children, Mrs. Sterling generously offered her time, considerable energy, and many talents to a number of civic organizations. At one time, she was involved with 15 different civic causes that were committed to make her community a better place for everyone.

A former president of the National Association for the Advancement of Colored People in Fresno, Mrs. Sterling led a group of local civil rights activists to Alabama to march with Dr. Martin Luther King, Jr., in 1963. She also played an instrumental role in the establishment of the National Council of Negro Women in Fresno. Through her devotion to community service, Mrs. Sterling demonstrated an admirable and unyielding commitment to civil rights and social justice.

A renowned and widely respected community leader, Mrs. Sterling made history when she became the first African American to hold a seat on the Fresno City Council after she was called to public service by filling a vacant seat on February 27, 1969. As she had done throughout her life, Mrs. Sterling handled her tenure on the Fresno Council with her usual grace, dignity, and keen sense of fairness and justice. Although she did not seek to keep her seat beyond her appointed term, it is fair to say that the impact of Mrs. Sterling's tenure on the Fresno City Council is still being felt today. Mrs. Sterling's example has inspired succeeding generations of Fresno residents to become involved in community service regardless of their race, creed, or color. In a fitting testament to her legacy, Cynthia Sterling, Elma Phyllis Sterling's daughter, became the first African-American woman to be elected to the Fresno City Council in 2002.

Throughout a rich and fulfilling life, Elma Phyllis Sterling gave her genuine compassion and precious humanity to protect, uplift, and empower those who are most often neglected in our society. Mrs. Sterling has left behind a legacy of service and the admiration of those whose lives she touched over the years. She will be sorely missed.

Mr. President, we are the greatest country in the world, and that is why I ask unanimous consent that amendment No. 2088 be withdrawn and that at 7 p.m. today the Senate vote on the Levin-Reed amendment, No. 2087, with the time between now and then equally divided in the usual form and no second-degree amendments in order.

Mr. President, it is once again clear, in the greatest country in the world, where debate is supposed to be free and open, where majority rules, we have been blocked now by our Republican friends for the third time from having a vote on the Levin-Reed amendment, which simply says it is time to change course in Iraq.

It is not cut and run. You can stand here and say anything. I could say anything: Black, white, pink, brown. It means nothing. This is not cut and run. Read the amendment. The amendment is very clear. It is very well thought out.

What it says is that we will start a redeployment of our troops out of Iraq in 120 days; that we will seek diplomatic solutions; that we will change the mission, get our brave,--unbelievably brave--and courageous troops out of the middle of a civil war and give them a mission that can be accomplished. And that mission, actually, is threefold--one is to go after al-Qaida in a counterterrorism effort, one is to continue to train the Iraqi forces, and one is to protect our troops, force protection.

You can say cut and run. It isn't cut and run. It sounds good. Create a straw man. But that is not what Levin-Reed does.

It is clear our Republican friends will not allow us to vote on this amendment, and I think I know why. I think we can win this amendment, for the first time. I think we can get more than 50 votes, including a few brave Republicans for the first time on a real amendment. And so instead of allowing us to vote, as we allowed them to vote on their amendment, the Cornyn amendment, they will not allow a vote. They are setting an artificial number--60. We have to meet a 60-vote threshold in order to get to the Levin-Reed amendment.

All we are saying is let us vote. People are dying--our people--every day. They are getting blown up. They are wounded. My State has lost 21 percent of the dead, many of whom never saw their 21st birthday. We can do better. We can do better. We have given this President 1 year, 2 years, 3 years, 4 years, almost 5 years, and we are in a worse position.

Oh, my colleague from Texas says, things are working. If you listen to her you would think it is just wonderful over there. Then I would ask, in a rhetorical fashion: Why do 60 percent of the Iraqis think it is OK to shoot and kill an American soldier? This is where we are going to keep our troops? And that is because we are the greatest country in the world?

The greatest country in the world doesn't keep the status quo going if it isn't working. The greatest country in the world steps up to the plate and says: It is time for a change. And it is time, Mr. President, for a change.

The head of Iraq said: America, you want to go? Go. We can take care of ourselves.

You know what is interesting is, I met with General Petraeus when I was in Iraq. He was at that time the head of training the Iraqis, and he was high on the Iraqi soldiers. He told me, and he told Senator Murray--he told all of us on that trip--we had Republicans and Democrats--don't you worry. At that time he said: We have trained 200,000 Iraqis, and they are top notch--they are top notch--and they will be able to take over.

Unfortunately, the head of Iraq didn't think that was true. But General Petraeus, oh, he was Mr. Rosy Scenario. He said everything was great. And when I came back I gave a report to my constituents, and I said: You know, I never voted for this war--I thought it was a mistake--but I bear good news. The Iraqis are being trained. As they step up, we will step down.

I believed the President when he said that one. Not to be. Not to be. The money we are pouring into that country a minute, folks--$250,000 a minute--while we turn to our poor kids and say: Sorry, we can't renew the children's health insurance; and, gee, we are really sorry 2 million kids are waiting in line for afterschool. We are really sorry. So we are sending good dollars after bad dollars, endlessly, open checkbook.

The Iraqis don't want us there. They do not want us there. The head of Iraq said: Go, leave, we are fine. What are we doing? Are we that stubborn as a nation? Well, I think the majority of this United States Senate might very well be ready to vote to begin the redeployment of the troops. I don't know that. My colleagues will not let us get there. Well, maybe I have convinced them, so I am going to try this again.

Mr. President, I ask unanimous consent that amendment No. 2088 be withdrawn and that at 7:30 p.m. today the Senate vote on the Levin-Reed amendment No. 2087, with the time between now and then equally divided in the usual form and no second-degree amendment be in order.

Mr. President, that is now the fourth time--the fourth time--that our colleagues have objected. This Senate must not be a rubberstamp for any administration, especially when our constituents are getting killed. We are here to speak for the people.

Now, my colleague from Texas says we need to take a stand for freedom--we need to take a stand for freedom--and I agree with her. However, once we allow the Iraqis, with our Armed Forces protecting them every step of the way, to have three elections--three elections-- to be able to draw up a constitution, to have the ability to self- govern, we can't force them to do that.

It is true that there is al-Qaida there. Al-Qaida, according to our own military, is responsible for 15 percent of the violence--15 percent--and it is ugly violence, it is horrific violence, and we should go after it. After all, al-Qaida cells didn't exist in Iraq--I have the document to prove it--until we went in. We have been a recruiting tool. Unfortunately, this policy has been the recruiting tool. I have the documentation from the State Department that showed right before 9/11 how many cells there were in each country. Iraq wasn't even mentioned. But they are there now, and we need to get them, and that is part of the Levin-Reed amendment: to change the mission to go after them.

A fight for freedom? If people don't want freedom, can we force them to want freedom? If people decide to kill their neighbor, what are we going to do? Shia on Shia violence, Sunni on Shia, Shia on Sunni--just read the history books and you will see how long this has been going on, and we put our brave men and women right in the middle.

This is the greatest country on Earth, by far and away, and the greatest country on Earth doesn't have a Senate that is a rubberstamp. It doesn't have a Senate that fights for the status quo when the status quo isn't working. The greatest country on Earth shouldn't send our men and

women back two, three, four, and five times to fight without adequate rest, and yet our Republican friends set up a 60-vote hurdle for Senator Webb and Senator Hagel so we couldn't even pass something that said give them rest before they go back; give them the equipment before they go back. It is not what the greatest country on Earth does to its fighting men and women. That is wrong.

A New York Times story, here is a woman, April Ponce De Leon, who describes herself and her husband as ``gung-ho marines,'' and in 2 weeks she deploys to Iraq where her husband has been fighting since March. But she says she stopped believing in the war last month after a telephone conversation with him.

He started telling me he doesn't want me to go and do the

things he has been doing.

That is what CPL Ponce De Leon, 22, speaking by telephone, said as she boxed up her belongings in their apartment near Camp Lejeune, NC.

He said that we have all decided it's time for us to go

home.

And the wife said:

You mean go home and rest? And he said, I mean go home and

not go back.

And she said:

This is from someone who has been training for the past

nine years to go to combat and who has spent his whole life

wanting to be a marine. That's when I realized I couldn't

support the war anymore, even though I will follow my orders.

So when we listen to some of our colleagues make it sound as if those of us who want to change the mission and start redeploying the troops in 120 days don't stand behind our troops, I say, Mr. President, it is the opposite. They can't speak out. They do not have a box to stand on and a microphone. We owe them the truth as we see it.

It is perfectly legitimate for our colleagues to disagree with us. Absolutely. And I would die for their right to disagree with us. But what I think is wrong is when it comes to a vote of conscience like a war, to set up a 60-vote hurdle. Let's have a vote. Let the majority rule. Let's see what happens.

What are you afraid of? The President has already said he is going to veto this thing, but it is our job to keep the pressure on, Mr. President. So I am very proud to stand here tonight. I am very sorry I have asked twice to go straight to a vote on the Levin-Reed amendment, but we are not able to do that.

Others will come, and I will be back after several hours myself. When you lose 21 percent in your home State, you have a lot on your heart; a lot you want to say. So I look forward to coming back to the floor. And to my colleagues on both sides of the aisle, I know this is a tough night. I know it is emotional, but I am glad we are doing it. And I hope at the end of the day, when someone asks unanimous consent to go to a vote, there will be no objection and we can do so.

Mr. President, I yield the floor.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Madam President, I wish to honor a great Californian, Charles Lane, who passed away on July 9, 2007, at the age of 102.

Charles Lane was an American actor seen in hundreds of films and television shows. At the time of his death, Mr. Lane was the oldest living American actor. He appeared in many of Frank Capra's films, including ``Mr. Smith Goes to Washington,'' ``Arsenic and Old Lace,'' and ``It's a Wonderful Life.''

Lane was born Charles Gerstle Levison in San Francisco, CA, to Alice and Jacob Levison on January 26, 1905. In 1932, Lane married Ruth Covell, and they remained together for 70 years, until her death in 2002. Until his recent passing, Charles Lane lived in the Brentwood, CA, home that he and Ruth bought in 1964.

Charles Lane began his acting career in 1929 at the suggestion of actor/director Irving Pichel, and in 1933 Lane became a founding member of the Screen Actors Guild. His final acting role was at the age of 101 in 2006's ``The Night Before Christmas.'' His last television appearance was at the age of 90 when he appeared in the 1995 Disney TV remake of its 1970 teen comedy ``The Computer Wore Tennis Shoes.''

Lane appeared in more than 250 films and hundreds of television programs. On his busiest days, Lane sometimes played more than one character, changing costumes and filming his two or three lines, then dashing off to another set for a different costume and a different role. While Lane often portrayed stern and hard-hearted characters, his friends and fellow actors remembered Lane as warm, funny, and kind.

Lane was not only found on the screen; he was found of the stage. In 1928, he joined the company at the Pasadena Playhouse, which was known for training actors for the movies, appearing in more than 100 productions over three decades. He made his film debut as a hotel desk clerk in ``Smart Money'' in 1931 with Edward G. Robinson and James Cagney.

In 2005, the TV Land Awards paid tribute to Lane by celebrating his 100th birthday. After he was serenaded ``Happy Birthday'' by the audience and was presented his award, Lane remarked to the audience, ``If you're interested, I'm still available.'' He was given a standing ovation.

Our Nation lost an amazing actor with the passing of Charles Lane, but his legacy to film and television will be remembered as we continue to enjoy the many films and programs he made during his long career.