Floor Statements

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 October 2, 2007, at 10:30 a.m., in order to conduct a hearing entitled ``An Examination of the National Flood Insurance Program.''

Mr. President, I ask unanimous consent that the Committee on Environment and Public Works be authorized to meet during the session of the Senate on Tuesday, October 2, 2007 at 10 a.m. in room 406 of the Dirksen Senate Office Building in order for a hearing to consider pending nominations.

Agenda

Andrew R. Cochran, of Virginia, to be Inspector General, Environmental Protection Agency. John S. Breslan, of New Jersey, to be a Member of the Chemical Safety and Hazard Investigation Board for a term of 5 years. (Reappointment) John. S. Bresland, of New Jersey, to be Chairperson of the Chemical Safety and Hazard Investigation Board for a term of 5 years. C. Russell H. Shearer, of Delaware, to be a Member of the Chemical Safety and Hazard Investigation Board for a term of 5 years. William H. Graves, of Tennessee, to be a Member of the Board of Directors of the Tennessee Valley Authority for a term expiring May 18, 2012. (Reappointment) Susan Richardson Williams, of Tennessee, to be a Member of the Board of Directors of the Tennessee Valley Authority for a term expiring May 18, 2012. (Reappointment) Thomas C. Gilliland, of Georgia, to be a Member of the Board of Directors of the Tennessee Valley Authority for the remainder of the term expiring May 18, 2011.

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to conduct a hearing entitled: ``Current Mine Safety and Disasters: Issues and Challenges,'' during the session of the Senate on Tuesday, October 2, 2007, at 10 a.m., in room 430 of the Dirksen Senate Office Building.

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 hearing entitled: ``Preserving the Rule of Law in the Fight Against Terrorism,'' on Tuesday, October 2, 2007, at 10 a.m., in the Dirksen Senate Office Building, room 226.

Witness List:

Jack Landman Goldsmith, Henry L. Shattuck Professor of Law, Harvard Law School, Cambridge, Massachusetts.

The PRESIDENT OFFICER. Without objection, it is so ordered.

Committee on Veterans' Affairs

Mr. President, I ask unanimous consent for the Committee on Veterans' Affairs to be authorized to meet during the session of the Senate on Tuesday, October 2, 2007, in order to conduct a vote on the nomination of Paul J. Hutter, to be General Counsel, Department of Veterans Affairs. The Committee will meet in the reception room off the Senate Floor immediately after the first rollcall vote that occurs after the party lunches on Tuesday.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs' Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia be authorized to meet during the session of the Senate on Tuesday, October 2, 2007, at 10 a.m. in order to conduct a hearing entitled: ``Preparing the National Capital Region for a Pandemic.''

Mr. President, on behalf of Senator Dodd, I ask unanimous consent that LTCOM Christopher Martin, a Congressional Fellow in Senator Dodd's office, be granted the privilege of the floor during the debate of H.R. 3222.

Mr. President, on September 29, 2007, Mr. Hiro Paul Mizue, Chief of the Civil and Public Works Branch, Honolulu Engineer District, HED, U.S. Army Corps of Engineers, will retire from U.S. Government service following 34 years of exemplary service to Hawaii, the Pacific Region, the U.S. military, and our Nation.

Over the course of these 34 years, Mr. Mizue has served with integrity and distinction. I have personally witnessed his conviction to duty and steadfast dedication to improving the lives of citizens and servicemembers.

Mr. Mizue has demonstrated the highest values and ideals over his years of distinguished service, excelling at every assignment in his career, which covers every facet of civil and military planning and design management. He has exercised exceptional leadership and management skills on behalf of the Army Corps of Engineers to achieve much lauded success.

His professional career in water resources began with the Los Angeles County Flood Control District in 1968 as a hydraulic engineer. Called to duty by the U.S. Army in 1969, he was assigned to HED as a civil engineer where he worked in the Civil Works Branch at Fort Armstrong. Upon discharge in 1971, he returned to the Los Angeles Flood Control District. In 1974, he relocated to Hawaii, joining the Honolulu firm of Belt Collins and Associates as a civil engineer. He rejoined the Honolulu District in late 1975 as a hydraulic engineer, managing water resources feasibility studies.

In 1983, Mr. Mizue transferred to HED's military engineering division where he served as the Chief of the Family Housing/Hospital Division until 1995. During this period, he provided exceptional project management support culminating with $271 million in construction of new family housing for our brave servicemembers on Hickam AFB, Wheeler AAF, Schofield Barracks, Aliamanu Military Reservation, and Fort Shafter. Also of note are Mr. Mizue's efforts in managing $100 million in design-build contracts for a much needed expansion of the Tripler Army Medical.

Having demonstrated exemplary leadership and management skills, Mr. Mizue was promoted to Chief of Planning Division in 1995; this office later became Civil and Public Works Branch. In this capacity, Mr. Mizue provided high-quality planning services to the State of Hawaii, Guam, Commonwealth of the Northern Marianas, and American Samoa. In addition, he implemented comprehensive/holistic planning by having Corps planning studies evaluate water resources problems broadly and at a watershed level. This approach formed the basis for Federal, State, and local agencies to implement integrated water resources development projects. Mr. Mizue typified customer care by constantly striving to provide the highest quality planning services and products in a responsive manner.

In 2006, Mr. Mizue led HED's response to assist the State and counties with dam safety inspections after the Kaloko Dam failure and later following a 6.7-magnitude earthquake. HED's responses to these disasters demonstrated the exceptional working relationship with the State of Hawaii. Through his leadership, expertise, and experience, HED became recognized as the proven leader in project execution, accomplishment, and responsiveness.

During his 12 years as Chief of Civil and Public Works Branch for the Honolulu District, Mr. Mizue parlayed his extensive leadership skills to accomplish notable Branch achievements. A major civil works project built during his tenure was the Alenaio Stream Flood Control project, on the Big Island, completed in 1997 at a cost of $16

million. During the storm of November 2000, the improvement prevented approximately $13 million worth of damages and remains fully functional today.

More recently, Mr. Mizue successfully led the district through its biggest civil works construction program in many years with highly visible and vital projects, such as the $28 million Kaumalapau Harbor Project on the Island of Lanai, the $124 million Palau Compact Road Project in the Republic of Palau, and the $19 million Kikiaola Small Boat Harbor Project on the Island of Kauai. Under his tutelage, the Honolulu District has achieved the highest customer satisfaction rating for its civil works program in its history. While these accomplishments attest to his commitment to client satisfaction, his nurturing, and pragmatic management style earned him a reputation as a solid team player and a supportive, fair supervisor and mentor to his staff. Mr. Mizue exemplifies not only an effective manager but, more importantly, a dedicated and caring leader.

Mr. Mizue is a recognized representative of the Corps in the Pacific Region. Under his management, the civil works and capital improvement programs expanded in Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, providing for the essential needs of these communities. Mr. Mizue's exemplary administrative and leadership skills have always led the way. He has established lasting relationships with the Hawaii congressional delegation, as well as the Governors of Hawaii, Guam, American Samoa, and the Commonwealth of the Northern Marianas Islands. The assets that he brings to bear on behalf of the Corps of Engineers are considerable.

Born in Tokyo, Japan and raised in California, Mr. Mizue is a registered professional engineer in California and Hawaii, a member of the American Society of Civil Engineers, and a graduate of the CP-18 Executive Development Program. He holds a bachelors of science degree in engineering from the University of California, Los Angeles and a master of science degree in Water Resource Engineering from Utah State University. He received the Commander's Award for Civilian Service in 1993 and 2002. Mr. Mizue is married to the former Ruby E. Ibaraki. They have three children, Evan, Reid, and Cara.

Mr. President, Mr. Mizue's lifelong contributions to the Army are considerable. His recognized leadership and management skills, his ability to forge lasting substantive relationships, and his clear direction and vision point to a truly outstanding individual who has dedicated his life to service. The Honolulu Engineer District will continue to serve as ``America's Engineers in the Pacific.'' Paul Mizues's legacy of unwavering dedication to duty to the U.S. Army will carry on. Thank you, Mr. Mizue for a job well done. You have the gratitude of a grateful nation.

Mr. President, for the Committee on Commerce, Science, and Transportation I report favorably the following nomination lists which were printed in the Record on the dates indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar that these nominations lie at the Secretary's desk for the information of Senators.

Mr. President, in recent months, the American public has been faced with a series of high profile recalls of consumer products. In the last 2 months alone, approximately 2 million toys were recalled for violating lead paint standards, and more than 5 million toys were recalled for containing magnets that come loose and create an ingestion hazard. The recalls were not limited to toys. Candles, all-terrain vehicles, cribs, bunk beds, space heaters, clothes, knives, scuba masks, radios, lamps, and electronic equipment were also recalled.

Public outcry and press reports have intensified the focus on the Consumer Product Safety Commission, CPSC, the agency charged with monitoring the safety of these products. What Americans have found is a CPSC restrained by the combination of a far-reaching mandate, a shrinking staff, and the smallest budget of any federal health and safety agency.

This is why I rise today to cosponsor the CPSC Reform Act of 2007, introduced by Senator Mark Pryor. This act is a comprehensive and aggressive reauthorization bill designed to revitalize the Commission and improve consumer safety through stronger consumer protection laws, increased authority, and increased authorization levels necessary for the CPSC to do its job well.

To say a CPSC budget and staffing increase is long overdue is a gross understatement. The last time the CPSC was reauthorized was in 1990. In order for the CPSC to complete its mission, it needs steady funding. This is why the CPSC Reform Act officially reauthorizes the Commission for the next 7 years. Beginning with an authorization of $80 million for fiscal year 2009, the funding levels would increase by 10 percent per year, culminating at approximately $141.7 million for fiscal year 2015.

Furthermore, to improve CPSC's ability to test consumer products, the bill authorizes an additional $20 million for fiscal year 2009 and fiscal year 2010 for much needed repair, re-equipping, and upgrading of the CPSC's research, development, and testing facility.

The CPSC Reform Act also directs the Commission to increase its number of full-time employees to at least 500 within the first 5 years, returning the CPSC to staffing levels comparable to those maintained by the Clinton administration. When the CPSC was established in 1973, it had 786 full-time employees responsible for the safety of 10,000 consumer products. Today, the CPSC is responsible for more than 15,000 consumer products--many of which are manufactured overseas. Yet today, the CPSC functions with only 420 full-time employees. This bill takes great strides in restoring these staffing levels.

Additionally, although the CPSC is authorized to have five Commissioners, the agency has been operating with only two Commissioners since July 2006. The CPSC Reform Act eliminates a 1992 limitation on the use of funds for more than three Commissioners and urges the President to appoint a full complement of five Commissioners.

Adequate funding and staffing are only the beginning. The CPSC Reform Act also strengthens consumer products safety laws.

First, the Act increases the maximum per violation civil penalty from $8000 to $250,000 and the maximum civil penalty for a related series of violations from $1.825 million to $100 million.

Second, the Act strikes the requirement that violators of the Consumer Product Safety Act, CPSA, may only be criminally prosecuted after repeated warnings. It also makes a knowing violation of the CPSA punishable by up to a 1-year imprisonment and a knowing and willful violation punishable by up to a 5-year imprisonment.

The act also goes to the heart of the recent consumer product recalls. It bans the use of lead in children's products and establishes a maximum level trace amount of lead allowed in such products. It directs manufacturers to label children's products with marks that can be used to identify the source, production date, and other information useful to facilitate a recall.

Additionally, the act directs the CPSC to establish a protocol for manufacturers and importers to have independent third party compliance certification for children's consumer products under CPSC jurisdiction. Further, the measure authorizes the CPSC to refer importers found to have committed multiple violations of the CPSA to U.S. Customs and Border Protection with the recommendation that the importer's license be revoked.

The CPSC is tasked with keeping unsafe and harmful products off our store shelves and out of our homes and the hands of our children. This line of defense has grown thin because of a lack of resources, staffing, and authorities. Although the dedicated career staff has continued to work diligently under trying circumstances and limited resources, Congress must act quickly to give them the tools to do their job better, so that consumer confidence can be restored.

I look forward to working with my colleagues on this comprehensive CPSC reauthorization legislation.

Mr. President, in recent months, the American public has been faced with a series of high profile recalls of consumer products. In the last 2 months alone, approximately 2 million toys were recalled for violating lead paint standards, and more than 5 million toys were recalled for containing magnets that come loose and create an ingestion hazard. The recalls were not limited to toys. Candles, all-terrain vehicles, cribs, bunk beds, space heaters, clothes, knives, scuba masks, radios, lamps, and electronic equipment were also recalled.

Public outcry and press reports have intensified the focus on the Consumer Product Safety Commission, CPSC, the agency charged with monitoring the safety of these products. What Americans have found is a CPSC restrained by the combination of a far-reaching mandate, a shrinking staff, and the smallest budget of any federal health and safety agency.

This is why I rise today to cosponsor the CPSC Reform Act of 2007, introduced by Senator Mark Pryor. This act is a comprehensive and aggressive reauthorization bill designed to revitalize the Commission and improve consumer safety through stronger consumer protection laws, increased authority, and increased authorization levels necessary for the CPSC to do its job well.

To say a CPSC budget and staffing increase is long overdue is a gross understatement. The last time the CPSC was reauthorized was in 1990. In order for the CPSC to complete its mission, it needs steady funding. This is why the CPSC Reform Act officially reauthorizes the Commission for the next 7 years. Beginning with an authorization of $80 million for fiscal year 2009, the funding levels would increase by 10 percent per year, culminating at approximately $141.7 million for fiscal year 2015.

Furthermore, to improve CPSC's ability to test consumer products, the bill authorizes an additional $20 million for fiscal year 2009 and fiscal year 2010 for much needed repair, re-equipping, and upgrading of the CPSC's research, development, and testing facility.

The CPSC Reform Act also directs the Commission to increase its number of full-time employees to at least 500 within the first 5 years, returning the CPSC to staffing levels comparable to those maintained by the Clinton administration. When the CPSC was established in 1973, it had 786 full-time employees responsible for the safety of 10,000 consumer products. Today, the CPSC is responsible for more than 15,000 consumer products--many of which are manufactured overseas. Yet today, the CPSC functions with only 420 full-time employees. This bill takes great strides in restoring these staffing levels.

Additionally, although the CPSC is authorized to have five Commissioners, the agency has been operating with only two Commissioners since July 2006. The CPSC Reform Act eliminates a 1992 limitation on the use of funds for more than three Commissioners and urges the President to appoint a full complement of five Commissioners.

Adequate funding and staffing are only the beginning. The CPSC Reform Act also strengthens consumer products safety laws.

First, the Act increases the maximum per violation civil penalty from $8000 to $250,000 and the maximum civil penalty for a related series of violations from $1.825 million to $100 million.

Second, the Act strikes the requirement that violators of the Consumer Product Safety Act, CPSA, may only be criminally prosecuted after repeated warnings. It also makes a knowing violation of the CPSA punishable by up to a 1-year imprisonment and a knowing and willful violation punishable by up to a 5-year imprisonment.

The act also goes to the heart of the recent consumer product recalls. It bans the use of lead in children's products and establishes a maximum level trace amount of lead allowed in such products. It directs manufacturers to label children's products with marks that can be used to identify the source, production date, and other information useful to facilitate a recall.

Additionally, the act directs the CPSC to establish a protocol for manufacturers and importers to have independent third party compliance certification for children's consumer products under CPSC jurisdiction. Further, the measure authorizes the CPSC to refer importers found to have committed multiple violations of the CPSA to U.S. Customs and Border Protection with the recommendation that the importer's license be revoked.

The CPSC is tasked with keeping unsafe and harmful products off our store shelves and out of our homes and the hands of our children. This line of defense has grown thin because of a lack of resources, staffing, and authorities. Although the dedicated career staff has continued to work diligently under trying circumstances and limited resources, Congress must act quickly to give them the tools to do their job better, so that consumer confidence can be restored.

I look forward to working with my colleagues on this comprehensive CPSC reauthorization legislation.

Mr. President, I would like to recognize a great American and a remarkable man, who has an exceptional record of public service. He has honorably served our country with distinction for over 43 years of active duty and National Guard Service, as well as 16 years of service as my executive assistant.

GEN Alexis Lum retired in February 1991 as the adjutant general for the State of Hawaii Army National Guard. His military service began in 1945, when he was drafted shortly after graduating from Roosevelt High School in Honolulu. He served as an enlisted man in the Pacific, attaining the rank of staff sergeant. When discharged in 1947, he became a student at the University of Hawaii where he received his bachelor of science degree in civil engineering and a ROTC commission as a second lieutenant.

He was recalled to active duty in April 1951 for the Korean conflict and served as an infantry platoon leader. Released from active duty in 1954, he then joined the Hawaii Army National Guard as a first lieutenant. As a major, he was part of the National Guard call-up in 1968 and served in the Republic of Vietnam, initially as the executive office of an engineer battalion. Promoted to lieutenant colonel while on this tour, he served his last 4 months in Vietnam as commander of the same battalion.

His National Guard service included varied command and staff positions. He was promoted to brigadier general in 1980 and was assigned as the assistant adjutant general, Army. In 1982 he was appointed as the adjutant general, Hawaii by Governor George Ariyoshi and was promoted to the rank of major general. He attended many military service schools including the Army's Command, General Staff College, and the Industrial College of the Armed Forces. His military decorations include the Distinguished Service Medal, the Legion of Merit, the Bronze Star Medal, the Meritorious Service Medal with cluster, the Army Commendation Medal, and numerous service medals.

In his civilian life, between tours of active duty, he was an engineer with the Navy Civil Service at the Naval Ammunition Depot, Lualualei, Oahu. He started as a junior engineer in 1954 when he was released from active duty. He progressed to the director of the engineering division and deputy public works officer for the Naval Ammunition Depot. He retired from Federal civil service in 1982, when he was appointed the adjutant general.

His wife is Leimomi--Momi--Mookini Lum. She served for 32 years with the Honolulu Police Department, as a police investigator, and retired in 1982. Her last 20 years of police service involved working in the juvenile crime prevention division of the Police Department. Together they have three children, Mrs. Angela Thomas, Mrs. Alexia Carvalho, and Mr. Oliver Lum, and four granddaughters.

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

Mr. President, I would like to discuss with the Senator from Vermont an issue that has major implications for food security and environmental protection in developing countries and the United States.

Over the last decade, the Soils Management CRSP has performed admirably with the University of Hawaii serving as the management entity. It is through my relationship with the University of Hawaii that I have learned that this program has successfully developed globally applicable science-based principles and tested them on a site- specific basis in more than 22 developing countries in Africa, Asia, and Latin America. This has enabled users to access decision support tools to diagnose problems at specific locations in any country, and prescribe alternative solutions to correct them.

While the Soils Management CRSP has been successful during its planned 10-year life, I am pleased that the U.S. Agency for International Development will build on the accomplishments of this program and seek a broader scope

for a succeeding CRSP. The Agency correctly perceives that, while sound soil management is critical to food security, sustainable natural resources management, and economic growth and progress in the developing world, soil resources must be managed in the context of all resources in the ecosystem. I support the establishment and operation of the Soil, Water, and Ecosystem Services CRSP.

My concern is that the Agency does not plan to compete the new Soil, Water, and Ecosystem Services CRSP until 2009. With a likely 2-year interruption of research activity, the useful elements of expiring CRSPs are likely to be compromised and continuity of resource management research will not be forthcoming.

To circumvent these problems, I ask your support in encouraging the Agency to accelerate a request for applications, RFA, for a Soil, Water, and Ecosystem Services CRSP through established competitive processes. Conducting the RFA in fiscal year 2008 will minimize the loss in program continuity associated with recently expired CRSPs such as the Soils Management CRSP. Acceleration will minimize risks to food security and protection of the environment in developing countries and in the United States. An earlier competition for the new CRSP will go a long way toward preserving the momentum and expertise of the collaborative network of researchers involved in recently completed CRSPs.

I believe that the committee recommendation for funds for Collaborative Research Support Programs in 2008 is sufficient to accommodate a request for applications--RFA--for a Soil, Water, and Ecosystem Services CRSP in 2008. I also emphasize that my interest is in a more comprehensive resource management CRSP solicited through established competitive processes based solely on merit and abilities to deliver science-based recommendations.

I thank my colleague for his consideration and support of the Soil, Water, and Ecosystem Services CRSP.

Passport Services Offices

Mr. President, America's strength has always been in the innovation, technical skill, and education of its workforce. The economic growth and well-being of the nation relies on the technical innovations achieved by our workforce. To realize growth and success, the United States must continue to support the two critical components vital to the innovation process: education and basic research. Today, Congress takes a significant step toward this commitment.

The National Academy of Sciences and the Council on Competitiveness have identified science and innovation as key drivers of economic growth. The United States has seen a sharp palpable decline in its scientific prowess. The United States is losing the educational battle with Germany, China, and Japan. In the United States, only 32 percent of graduates hold a degree in science and engineering, while Germany boasts 36 percent of graduates with degrees in science and engineering. Outpacing both the United States and Germany is China, with 59 percent of graduates with degrees in math and science, and Japan with 66 percent.

The America COMPETES Act embodies bipartisan, bicameral multi- committee efforts in responding to the Nation's defining economic challenge of how to remain strong and competitive in the face of emerging challenges from India, China, and the rest of the world.

The America COMPETES Act addresses programs within several scientific agencies of which the Senate Committee on Commerce, Science, and Transportation has jurisdiction. Within the Department of Commerce, the National Institutes of Standards and Technology, NIST, promotes U.S. innovation and industrial competitiveness by advancing measurement science, standards, and technology. The legislation before us would double the agency's funding over the next 10 years. We also create a new program, the Technology Innovation Program, which will support high-risk, high-reward research. This was one of the major recommendations of the National Academies report, ``Rising Above the Gathering Storm.''

Also within the Department of Commerce, the National Oceanic and Atmospheric Administration, NOAA, conducts significant basic atmospheric and oceanographic research, including climate change research. Some have argued that the ocean truly is the last frontier on Earth, and ocean research and technology may have broad impacts on improving health and understanding our environment. Toward this end, Congress included provisions on NOAA research and education, as well as, NOAA's continued participation in interagency innovation and competitiveness efforts.

The bill also includes the National Aeronautics and Space Administration, NASA, in the competitiveness agenda. Like the oceans, space serves to inspire young students and attract them to studies in science, technology, engineering, and mathematics.

The need for additional research through the National Science Foundation, NSF, also is addressed in this bill with authorization for appropriations through fiscal year 2010. This bill places NSF on track to double in 7 years. While this is not as aggressive an approach as the Senate sought, it is clear that Congress is united in our belief that the NSF is indeed the Nation's premier scientific research enterprise. We need to support this enterprise to the best of our abilities, so that it can enable our scientists to continue their discovery. Within the NSF, I am proud that the conferees supported the creation of a mentoring program designed to recruit and train science, technology, and engineering professionals to mentor women, and other underrepresented minorities, in these fields. We need to ensure that we do not neglect a segment of the U.S. population, but rather maximize all of this country's great human resources.

A strong national investment in science, education, and technology provides opportunities for Americans to succeed in a whole array of disciplines and professions. Technology and innovation influence many policy problems such as a changing telecommunications landscape, potential improvements to our transportation infrastructure, and the need for advanced technologies to increase our energy independence. The America COMPETES Act directs the Nation on the path to preserve and improve its workforce. This bill demonstrates that Americans are not taking their traditional technological and economic dominance for granted but are continually working to improve and lead

Mr. President, for the Committee on Commerce, Science, and Transportation I report favorably the following nomination list which was printed in the Record on the date indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar that this nomination lie at the Secretary's desk for the information of Senators.

Mr. President, I am pleased we are considering the conference report to H.R. 1, the Improving America's Security Act of 2007. This legislation is particularly timely given the daily reports that the terrorist threat against our Nation is increasing. We must be proactive in defending the homeland and take particular care to protect the transportation systems which have so often been targeted.

The conference report we are voting on today contains significant provisions to strengthen the security of the Nation's transportation system, including our surface, aviation and maritime networks. We also take action to improve the interoperability of public safety communications.

For surface transportation security, we have worked with the relevant House conferees to reach consensus on provisions that would authorize new security assessments, grant programs, and security measures for the nation's major surface modes, including passenger and freight railroads, trucks, intercity buses, and pipelines. This bill will finally authorize adequate funding and a much needed statutory framework for the Transportation Security Administration's, TSA, surface transportation and rail security efforts.

The conference report also takes critical steps to address the remaining recommendations of the 9/11 Commission on aviation security. The commission's report expressed continuing concern over the state of air cargo security, the screening of passengers and baggage, access controls at airports, and the security of general aviation.

Under this bill, all cargo going on passenger aircraft must be screened within 3 years. Requirements will be put in place to plan and fund improvements for the detection of explosives in checked baggage and at passenger screening checkpoints. The TSA will also be required to ensure a system is in place to coordinate passenger redress matters and develop a strategic plan to test and implement an advanced passenger prescreening system.

With respect to giving our Nation's first responders the necessary resources to communicate effectively during times of crisis, the bill will further bolster our previous efforts to improve interoperable, public safety communications by eliminating statutory ambiguities for eligibility and by directing specific funds in support of State Strategic Technology Reserves that can be tapped in times of crisis by State and local personnel, as proposed in S. 4.

This conference report is an important step toward securing our Nation. The Commerce Committee worked for years to craft many of these provisions, and they reflect the expertise and dedication of our members. I urge my colleagues to support this legislation.

Mr. President, today I honor, and pay tribute to LTC Jean M. McGinnis, who will retire from the U.S. Army on August 31, 2007, after 25 years of distinguished service. Lieutenant Colonel McGinnis is an outstanding American soldier who served in a succession of command and staff positions worldwide of increasing responsibility.

In her last assignment in the U.S. Army as the Deputy Chief of the Army, Senate Liaison Division, Lieutenant Colonel McGinnis demonstrated the managerial and leadership skills that have characterized her career. She demonstrated Army values daily, supported her subordinates and chief tirelessly, and traveled extensively escorting Senators, their staffs, and Senate committee professional staff members on inspections and factfinding trips in the United States and overseas.

Lieutenant Colonel McGinnis previously served as a Congressional Budget Liaison Officer in the Office of the Chief of Army Reserve and as an Operations Research Analyst in Programs, Analysis, and Evaluation in the Pentagon. From 1982 to 1994, she served as an Aviation Officer, in the positions of Platoon Leader, Detachment Commander, Company and Battalion Flight Operations Officer.

During her aviation career Lieutenant Colonel McGinnis had many assignments ranging from humanitarian assistance missions in Guatemala and Honduras to piloting the Chairman of the Joint Chiefs of Staff and the Chief of Staff of the U.S. Army in Egypt as part of Operation Bright Star.

In 1997, Lieutenant Colonel McGinnis was assigned to the Office of the Chief of Army Reserve in Washington, DC, as an Operations Research Systems Analyst. During this assignment she reconciled Army Reserve resource requirements with Army program needs. She later served as a Budget Analyst in the Office of the Deputy Chief of Staff for Personnel, Resource Division. While in this challenging assignment, she served again as an Operations Research Budget Analyst of Reserve personnel and was directly involved with complex Army training and Reserve personnel policy issues.

She was then selected to represent the Army on Capitol Hill and served 4 years working for the Army Senate Liaison Division and the Office of the Chief of Army Reserve. Lieutenant Colonel McGinnis' expertise and knowledge of the Active Army and Reserve policies and procedures has been of great value to Senators and their staffs. Lieutenant Colonel McGinnis' leadership, resourcefulness, and professionalism made lasting contributions to Army readiness and mission accomplishments. Her service to our Nation has been exceptional, and Lieutenant Colonel McGinnis is more than deserving of this recognition.

Mr. President, I rise today to introduce a bill that would designate the Friday following Thanksgiving of each year as Native American Heritage Day.

I believe that it is well known to most Members of this body that the original inhabitants of the lands that now constitute the U.S.--the aboriginal, indigenous, native people of America--occupied and exercised sovereignty over more than 550 million acres of land prior to the first European contact.

In the early days of our history, well before our Nation was formed, the native people fought alongside our soldiers in the Revolutionary War. The Indian tribes enabled the survival of General George Washington and his troops during the harsh winter at Valley Forge by providing food to the troops.

A few years later, as our Founding Fathers were engaged in the challenge of forming a new Nation, they drew upon the democratic model of government that they learned from the Six Nations of the Iroquois Confederacy. There they found the well-institutionalized practice of the fundamental principles of freedom of speech and a system of governmental checks and balances provided through the separation of governmental powers.

In our early days as a Nation, we entered into treaties with Native Americans pursuant to the provisions of the U.S. Constitution that recognize them as sovereigns. But later, we abandoned the path of an honorable course of dealings, and turned to war. Thousands lost their lives through these battles and horrific massacres. The native population everywhere was decimated.

Forced marches to relocate the native people from their traditional homelands to areas west of the Mississippi in the dead of winter cost thousands of more lives. Few Americans know that there was not one Trail of Tears, but many.

The Treaties could have signaled a return to a course of honorable dealings with the native people had the U.S. not proceeded to break provisions in every single one of the treaties that were ratified by the U.S. Senate.

Amazingly, notwithstanding these appalling deeds, the native people of the U.S. have always been and continue to be staunchly patriotic and loyal to this country. They have volunteered to serve in the defense of our nation in every military action and war in which we have been engaged, and on a per capita basis, more Native Americans have put themselves in harm's way and given their lives to protect the U.S. than any other group of Americans. They have made the greatest sacrifice, but their contributions do not end there.

We have only to look to the history that is sadly not found in the public school textbooks of America's schools, but has been recorded by historians and anthropologists and through direct, eye-witness accounts, we know that the native people of the U.S. have made significant contributions to our society in every walk of life, in every profession, in medicine and agriculture and as stewards of the lands and resources we all hold dear.

There have been great men and women who have led their native nations out of war, poverty, and despair. Throughout the generations, they have shown us the true meaning of courage in the face of the greatest odds, and the quiet strength to persevere.

A recent nationwide poll of Americans conducted in March of this year reveals that 85 percent of those polled strongly support the setting aside of a day each year to honor the contributions that native people of this land have made to the fabric of American society. Such a day would provide an opportunity for all Americans to learn more about the rich cultural legacy that this Nation's native people have given to us.

I believe the time has come to honor the first Americans of the country in this manner, and I urge my colleagues to join me in this endeavor.

Mr. President, I rise today to introduce a bill that would designate the Friday following Thanksgiving of each year as Native American Heritage Day.

I believe that it is well known to most Members of this body that the original inhabitants of the lands that now constitute the U.S.--the aboriginal, indigenous, native people of America--occupied and exercised sovereignty over more than 550 million acres of land prior to the first European contact.

In the early days of our history, well before our Nation was formed, the native people fought alongside our soldiers in the Revolutionary War. The Indian tribes enabled the survival of General George Washington and his troops during the harsh winter at Valley Forge by providing food to the troops.

A few years later, as our Founding Fathers were engaged in the challenge of forming a new Nation, they drew upon the democratic model of government that they learned from the Six Nations of the Iroquois Confederacy. There they found the well-institutionalized practice of the fundamental principles of freedom of speech and a system of governmental checks and balances provided through the separation of governmental powers.

In our early days as a Nation, we entered into treaties with Native Americans pursuant to the provisions of the U.S. Constitution that recognize them as sovereigns. But later, we abandoned the path of an honorable course of dealings, and turned to war. Thousands lost their lives through these battles and horrific massacres. The native population everywhere was decimated.

Forced marches to relocate the native people from their traditional homelands to areas west of the Mississippi in the dead of winter cost thousands of more lives. Few Americans know that there was not one Trail of Tears, but many.

The Treaties could have signaled a return to a course of honorable dealings with the native people had the U.S. not proceeded to break provisions in every single one of the treaties that were ratified by the U.S. Senate.

Amazingly, notwithstanding these appalling deeds, the native people of the U.S. have always been and continue to be staunchly patriotic and loyal to this country. They have volunteered to serve in the defense of our nation in every military action and war in which we have been engaged, and on a per capita basis, more Native Americans have put themselves in harm's way and given their lives to protect the U.S. than any other group of Americans. They have made the greatest sacrifice, but their contributions do not end there.

We have only to look to the history that is sadly not found in the public school textbooks of America's schools, but has been recorded by historians and anthropologists and through direct, eye-witness accounts, we know that the native people of the U.S. have made significant contributions to our society in every walk of life, in every profession, in medicine and agriculture and as stewards of the lands and resources we all hold dear.

There have been great men and women who have led their native nations out of war, poverty, and despair. Throughout the generations, they have shown us the true meaning of courage in the face of the greatest odds, and the quiet strength to persevere.

A recent nationwide poll of Americans conducted in March of this year reveals that 85 percent of those polled strongly support the setting aside of a day each year to honor the contributions that native people of this land have made to the fabric of American society. Such a day would provide an opportunity for all Americans to learn more about the rich cultural legacy that this Nation's native people have given to us.

I believe the time has come to honor the first Americans of the country in this manner, and I urge my colleagues to join me in this endeavor.