Carl Levin

Mr. LEVIN

Mr. LEVIN. Mr. President, on April 20, 1999, two students walked into Columbine High School and carried out a shooting rampage, killing 12 fellow students and a teacher, as well as wounding 24 others, before committing suicide. A week later, we paused in the Senate to observe a moment of silence in tribute to those who died and to express our sympathy for their loved ones. Since this tragic event, many of us, on many occasions, have urged our colleagues to debate and pass sensible gun legislation. Between 1999 and 2004, over 117,000 people have been killed by guns, criminals continue to gain easy access to guns and law enforcement officers do not have the tools they need to investigate gun-related crimes. The 109th Congress nonetheless has failed to act and has missed numerous opportunities to enhance the safety of our communities across the Nation. Congress has not reauthorized the 1994 assault weapons ban. Congress has not closed the gun show loophole. Congress has failed to make the necessary improvements to the National Instant Criminal Background Check System that could significantly decrease the likelihood of convicted criminals gaining access to guns. And, the President has failed to provide the necessary leadership. Instead we have seen a continual rise in the levels of gun related crime. This increase in crime levels has not been restricted to America's largest cities, but has also permeated America's small and mid-sized cities. As Paul Helmke, president of the Brady Campaign to Prevent Gun Violence and former mayor of Fort Wayne, IN, describes it: For almost six years, many have systematically made it easier for criminals to have access to firearms by weakening enforcement of laws that cut illegal gun trafficking, supporting policies that encourage more firearms on the streets of American cities, putting AK-47s and other military-style semiautomatic weapons back onto our streets and even placing huge restraints on the ability of governments and individuals to hold the gun pushers accountable through the civil court system. The 110th Congress has a fresh opportunity to act on a bipartisan basis to pass legislation that will make our streets safer for all Americans. I urge my colleagues to work to enact sensible gun safety legislation for the benefit of our families, communities and police officers.

Mr. LEVIN

Mr. LEVIN. Mr. President, I don't know if my friends on the other side of the aisle want any of the 3 minutes remaining. If not, I will proceed. I wanted to comment, briefly, on the life and passing of Gerald Ford during this period. I was listening to the remarks of my good friend from Virginia, and except for the part about eggs being thrown in Michigan, it struck an absolutely accurate chord, everything he said. It was kind of hard to imagine that anyone would throw eggs in Michigan, but I have to defend my home State. Other than that, I am sure his memory is very accurate and even the location no doubt is accurate. He talked about Gerry Ford and what he did heroically in World War II and how he survived the typhoon. Gerry Ford, when he became President, inherited a typhoon. Most Americans will remember President Ford for righting the ship of state during that stormy time when he became President. We all remember him for that because it was heroic what he did then for our Nation, a different kind of heroism from what he displayed in World War II but heroism nonetheless. He was deeply respected on both sides of the aisle for his civility, his bipartisanship, his integrity. We, in Michigan, in addition to remembering him as all others will for what he did to right that ship of state of ours, also remember him for a lifetime of service, including 13 terms in the House of Representatives from Michigan's Fifth Congressional District. And we, also, take particular pride in this son of Michigan and the manner in which he always treasured his west Michigan roots. There were many eulogies that were recently given about Gerald Ford, but in all of them it was noted that he never forgot where he came from. That was a very important part of this absolutely wonderful man, a friend of mine, someone with whom I had a number of dealings. Before time runs out for our morning business, I wanted to thank the Senator from Virginia. I don't know if this has been mentioned this morning or not. The Senator from Virginia authored an amendment during the last authorization bill which we adopted here which, by the way, is the John Warner Defense Authorization Act for the next fiscal year, named after John Warner in tribute to his chairmanship. But in that bill, Senator Warner offered an amendment that would name the first of a future class of aircraft carriers the USS Gerald Ford. I understand that the Navy recently announced that it is going to follow the suggestion which was incorporated in the Warner amendment, which I was proud to cosponsor, but in presenting that amendment at that time, Senator Warner recounted some of the heroism of our dear friend, the recently departed President Ford, and his heroism both in war and peacetime. I thank Senator Warner for the initiative he took to honor Gerry Ford's service to our country in a way which I think will have a very special meaning to President Ford because, as a Navy man, having the first of a future class of aircraft carriers named after him would bring a special pride to his heart. Gerald Ford began his service to our country in the Navy during World War II, where he displayed great valor in combat, and this will be a fitting tribute. Our thoughts and prayers are with Gerald Ford's beloved wife Betty and his family as we celebrate his life and legacy.

Mr. LEVIN

Mr. LEVIN. I thank my dear friend from Vermont. I join him also in telling the Senate just how pleased we are to see the Presiding Officer sitting where he is. We have worked together on many issues. We have traveled together. His commitment to such critical issues as immigration, environment, energy, and a number of other issues has made a real difference. He is a very quick study and a quick learner, as noted when we traveled together to Iraq and other countries. So he indeed fits the chair which he is sitting, and it is a pleasure to look at him as I address the Senate for a few minutes this afternoon.

Mr. LEVIN. Mr. President, before the Senator from Vermont leaves the floor, let me commend him for his remarks and the passion he brings to this subject which is based on his own personal experience but which reflects the experience, I believe, of the vast majority of Americans. I just want to tell him how much we all look forward to his leadership on this and so many other issues.

Mr. LEVIN

Mr. LEVIN. Mr. President, I recognize Dr. John R. Gantz for his 43 years of distinguished service to the United States of America. Dr. Gantz has provided faithful service to his Nation as a soldier, educator and as chief of the Troops to Teachers Program. A native of Pennsylvania, Dr. Gantz earned a Bachelor of Science degree from East Stroudsberg University, a Master's Degree in Adult Education from George Washington University, and a Doctor of Education degree from the University of Southern California. After serving in the infantry with the U.S. Army at Fort Dix, he taught mathematics and science for the Job Corps in New Jersey. He then began his civil service career as an education adviser in Virginia, followed by two similar assignments in Korea. During this time, he has served as an education specialist, Headquarters Department of the Army; Director of Education, U.S. Army Southern European Task Force, Vicenza, Italy; Deputy Director of Education, U.S. Army Forces Command, Atlanta Georgia; and Deputy Director of the Defense Activity for Non- Traditional Education Support, DANTES. In 1984, Dr. Gantz was selected as the DANTES European adviser. In this position, he provided guidance and training to education professionals supporting military personnel throughout the United States-European military commands. He has served on numerous advisory boards and been selected to participate in many national conferences as an expert in education programming. This year he was inducted into the International Adult and Continuing Education Hall of Fame in Dallas, TX. Since 1994, Dr. Gantz has been the first and only chief of the federally authorized Troops to Teachers Program. Under his dynamic and innovative leadership, over 9,000 servicemembers from the Army, Air Force, Coast Guard, Marine Corps and Navy have made the transition from military careers to become K-12 public education classroom teachers and school administrators. His superb dedication to develop a unique program that recruits special education, mathematics and science teachers for high-needs, low-income schools has provided countless students the benefit of learning with ``real world'' mentors and role models. His dedication to academic excellence, complete selflessness and visionary professionalism has brought great credit not only upon himself, but also upon the Troops to Teachers Program and public education everywhere. I know my colleagues in the Senate join me in congratulating Dr. Gantz for his dedicated service to our country. He has made a significant difference in both the U.S. Army and as chief of the Troops to Teachers Program. Once again, I thank Dr. Gantz for his many years of devoted service.

Mr. LEVIN

Mr. LEVIN. Mr. President, it is my pleasure to congratulate an outstanding and historic church from my home State of Michigan. This year, Ebenezer African Methodist Episcopal Church of Detroit, celebrates 135 years of service, learning and faith. This milestone provides the perfect opportunity to reflect on the rich history of this institution and to remember the many individuals who played an integral part in its success. The name ``Ebenezer'' means ``stone of help,'' and for 135 years, Ebenezer African Methodist Episcopal Church has truly exemplified this meaning. Ebenezer was established by a small congregation from Detroit's Colored Society under the leadership of Rev. Gee C. Booth on November 2, 1871, to serve as a safe harbor for newly freed slaves in Detroit. Rev C.H. Ward served as the first pastor for 25 years. Three pastors from Ebenezer were elected to the office of Bishop of the African Methodist Episcopal Church--Bishop George W. Baber served as pastor from 1933 until he was elected in 1944; Bishop Hubert Robison served as pastor from 1955 until he was elected in 1964; and Bishop Robert Thomas, Jr. served as pastor from 1972 until 1988. More recently, Rev. Robert L. Phillips, who served as pastor from 1991 until 1997, became presiding elder of the north district of the Michigan Annual Conference in 1997. Throughout its history, Ebenezer served as an institution fully engaged in the fight for civil and human rights. Ebenezer has also worked with the community to make Detroit a better city through outreach ministries, community involvement and financial investments. In 1901, the church provided financial assistance to Henry Ford when he approached Ebenezer for support of endeavors to develop his automobile company. During the Depression, the church established an employment bureau and relief agency for families in need, and during WWII the congregation housed soldiers in the dorms of the former church building. Because of this rich history, in 2003, Ebenezer African Methodist Episcopal Church was designated a historical site by the Detroit Historical Commission. Today, Ebenezer strives to continue this rich history through a variety of ministries, including programs for young adults and the homeless, as well as substance abuse and prison ministries. Ebenezer African Methodist Episcopal Church continues to stand as a ``stone of help'' under the leadership of Rev. Dr. H. Michael Lemmons. As the sixth oldest Black congregation in Detroit with members from four or more generations, Ebenezer is full of memories of great historical moments and faith that there are many more to come. I know my Senate colleagues will join me in congratulating Ebenezer African Methodist Episcopal Church and wish its members, volunteers and ministerial staff continued success as they celebrate their 135th anniversary.

Mr. LEVIN

Mr. LEVIN. Mr. President, as Senator Mark Dayton prepares to leave this body, I would like to share with my colleagues a few thoughts about his service. In September, I had the pleasure of speaking on Senator Dayton's behalf at a dinner paying tribute to the retiring Senators, and I ask that my remarks from that event be printed in the Record.

Mr. LEVIN. Mr. President, I would like to take a moment to pay tribute to our colleague from Ohio, Senator Mike DeWine. Senator DeWine is a truly decent, thoughtful individual with a deep concern for children and a refreshing willingness to reach across the aisle. He has been a solid partner on several of the issues common to our two States and the region. In particular, it has been a pleasure to work with Senator DeWine on issues affecting the Great Lakes, which are critical for our States' economies and for our environment. Since 1999, he and I have served as cochairs of the Great Lakes Task Force and have shared a commitment to protecting and restoring these national treasures. We have fought to protect the lakes from invasive species, to improve water quality, to create a long-term restoration plan, and to expand public access to the lakes. Senator DeWine's service here has also been characterized by his commitment to children and children's health, and he has been willing to work in a bipartisan way to make progress. He has worked with Senators Dodd and Jack Reed to prevent teen suicides and with Senator Clinton to ensure that drugs given to children are safe for them. He has sponsored a bill with Senator Kennedy to allow the Food and Drug Administration to regulate tobacco. As the chair of the District of Columbia Appropriations Subcommittee, he has also worked to reform the child welfare system in DC. In addition to his bipartisan approach, Senator DeWine has also shown a willingness to take politically difficult positions when he believes they are the right thing to do. Last year, for example, he joined a bipartisan group of 14 senators who worked to forge a compromise on judicial nominations and to save the Senate from the so-called nuclear option. That step helped to diffuse a tense situation and to protect the Senate as an institution. I have great respect for Mike DeWine's integrity, his commitment to his State, and his willingness to seek progress over partisanship. I wish him and his wife Fran well in their future endeavors. Bill Frist

Mr. LEVIN

Mr. LEVIN. Mr. President, according to the Office of National Drug Control Policy, approximately 1 million people in the United States are addicted to heroin; more than 3 million individuals over the age of 12 have used heroin at least once; and an estimated 4.7 million people are dependent on or abusing other opiate drugs, including prescription painkillers according to a 2005 survey of the Substance Abuse and Mental Health Services Administration. The Drug Addiction Treatment Act of 2000, DATA, which I authored along with Senators Hatch and Biden, makes a dramatic change in the way America fights heroin addiction. DATA permits, for the first time, FDA approved drug treatment medications to be prescribed and dispensed in an office-based setting under strict conditions by specially trained physicians. The medication in question is called buprenorphine--bup. It blocks the craving for heroin. This new law essentially brings the treatment of opiate dependence into the mainstream of medicine. It allows both primary care and addiction specialists to treat patients who want to get rid of their addiction, but are unable to because of distance or their unwillingness to seek medical treatment at centralized methadone clinics, where their appearance amounts to an announcement of their addiction. This new law has brought tens of thousands of patients into treatment, who would never have sought treatment in methadone programs. Now in its fourth year, DATA has proved highly beneficial. The success of DATA in extending treatment has resulted in waiting lists for treatment with physicians who have signed up to treat addicts. Those physicians are currently limited to 30 patients. The great success of buprenorphine has been borne out by firsthand accounts by physicians and addiction experts from across the country, as well as the director of the National Institute on Drug Abuse, Dr. Nora Volkow and the director of the Center for Substance Abuse Treatment, Dr. H. Westley Clark, who participated in an August 3, 2006 Senate Symposium on DATA, which I sponsored along with Senator Orrin Hatch. The legislation before us, S. 2560, which reauthorizes the Office of National Drug Control Policy, includes an important amendment to DATA that will more than triple the number of patients specially trained physicians may treat in their private offices. The across-the-board 30- patient limitation has resulted in denials of treatment and even deaths of patients who were not able to enter treatment because a physician had reached the 30-patient limit. For many such persons, their hope of treatment is dashed while they wait on a physician's waiting list. In an effort to remedy this, the Senate Judiciary Committee's modification of DATA in section 1102 of S. 2560 addresses this problem by permitting physicians who have been certified to utilize buprenorphine in their office-based practice for at least one year, to notify the HHS Secretary of their intention to begin treating additional patients, in accordance with section 1102. The bill with our amendment raises the number of patients who may be treated by an individual physician from 30 patients to 100 patients. This change--increasing the patient limit from 30 to 100 per physician--is supported by the medical community at large as well as the addiction speciality associations, including: The American Medical Association, the American Osteopathic Association, The American Psychiatric Association, The American Psychological Association, The American Academy of Addiction Medicine, The American Society of Addiction Medicine, The Association of American Medical Colleges, and several large health providers such as Kaiser Permanente. In addition to establishing a process through which trained physicians can dispense or prescribe buprenorphine, the Drug Addiction Treatment Act of 2000 required the Secretary of HHS to evaluate the impact of office-based buprenorphine treatment. In compliance with this requirement, the Secretary directed the Substance Abuse and Mental Health Services Administration--SAMHSA--to conduct a survey to determine (1) the availability of the office-based treatment, (2) the effectiveness of the office-based treatment, and (3) the potential adverse public health consequences. The preliminary findings of the HHS evaluation were presented and discussed during the August 3 Senate Symposium which I have previously mentioned. The HHS-SAMHSA evaluation showed that buprenorphine treatment is clinically effective and well-accepted by patients; the program has increased the availability of medication-assisted treatment; adverse effects have been minimal; and that the 30-patient limit established in DATA, as well as cost reimbursement issues decrease potential access to treatment under the program. The experiences articulated by the health care professionals who participated in the August 3rd Senate Symposium are reflective of the findings of the HHS-SAMHSA evaluation, which were presented by CSAT Director Dr. Westley Clark and that were echoed by NIDA Director Dr. Nora Volkow, based on her own expertise and observation of buprenorphine office-based treatment. It is tragic if the personal and community benefits of this new anti- addiction medication, combined with treatment in the private office of certified physicians are limited because of artificial limits on its use. The legislation before us brings us close to full utilization. I am pleased that the Senate has adopted this life-changing, lifesaving legislation as part of the ONDCP reauthorization bill, as well as the free standing bill, S. 4115, which I introduced along with Senators Hatch, Biden and Collins. In closing, I would like to share with my colleagues in the Senate the names of the distinguished physicians, addiction experts and agency officials who participated in the August 3, 2006, Symposium and Press Conference Senator Hatch and I hosted on the success of the Drug Addiction Treatment Act of 2000, and the subsequent FDA approval of buprenorphine for the treatment of heroin addiction in 2002. Of particular note are Dr. Charles Schuster of Wayne State University, a past Director of NIDA who has conducted clinical trials with buprenorphine and who has been a great resource and guide on this issue from the very beginning and his advice and expertise continues today; and Dr. Herbert Kleeber, Professor of Psychiatry at Columbia University and one of the Nation's foremost experts on drug addiction and treatment, who provided invaluable assistance to me and to Senators Hatch and Biden in putting together this new system of office-based treatment utilizing buprenorphine. Dr. Nora Volkow's expertise and tutoring have led us all to a better understanding of the science of addiction. Dr. Volkow is the Director of the National Institute on Drug Abuse--NIDA--where buprenorphine was developed under a Cooperative Research and Development Agreement between NIDA and a private pharmaceutical company; Dr. H. Westley Clark, Director of the Center for Substance Abuse Treatment under the Substance Abuse and Mental Health Services Administration. Dr. Clark has contributed great understanding of buprenorphine's therapeutic effects in the treatment of heroin abuse and dependence, and in understanding that drug addiction is a public health problem. Mr. President, I ask unanimous consent that the following brief remarks of two participants who experienced treatment with buprenorphine, Ms. Tess Walker and Mr. Odis Rivers, and the list of the August 3, 2006 DATA Symposium and Press Conference participants, be printed in the Record.

Mr. LEVIN

Mr. LEVIN. Mr. President, I would like to congratulate the ThunderChickens on winning the 2006 FIRST Robotics Competition. This is a tremendous accomplishment, and I am delighted to recognize the impressive result of their hard work, dedication, and commitment. The For Inspiration and Recognition in Science and Technology, FIRST, program provides aspiring engineers with an opportunity to develop and showcase their talents by designing and implementing original robotic designs. Teams work together to build individual robots and compete against high school participants across the country. In total, 1,130 teams competed in the 2006 FIRST National Championship in Atlanta, GA. I am proud to have this opportunity to honor the ThunderChickens, a metro-Detroit based engineering team made up of 38 high school students. Great skill, creativity, and originality went into their highly competitive robotic design. I would like to individually honor each member of the ThunderChickens and their mentors at the Utica Center for Mathematics, Science, and Technology. The members of the 2006 ThunderChickens include Michael DelBene, Jessica Zavadil, Shannon Willaert, Gregory Petty, Annette Palazzolo, Jacob Miller, Joseph Guzzardo, Sara Craun, Nina Fabian, Kyle Yaxley, Stephanie Hasty, Sala Sadaps, Steven Perry, Joshua Bails, Brian Turoski, Irene Zhu, James Courtois, Tony Kraus, Michael Harrison, Ryan Boyle, Brett Ankawi, Michael Lee, Salvatore Mattera, Joseph Scharnitzke, Anthony Schuller, Michael Ross, Ashley VanMaldeghem, Shayna Kunz, David Orban, Paul Szymanski, Andrew Fonk, Gregory Lau, Aaron Vedolich, Brian Lademan, Mihai Bulic, Heather Hampton, Ed Lionte, and Chad Thornbro. Their teacher mentors include Ron Arscheene, Anita Stafford, Mike Attan, and Janet Kent. Their engineering mentors include Paul Copioli, Ed Debler, Bob Korson, Mike Copioli, Mike Beem, Jim Yaxley, Rick Thornbro, Omar Zrien and Bill Baedke. This championship is a testament to and the result of many, many hours of hard work and perseverance. While the immediate result of their work is impressive, I look forward to the bright futures that are ahead of these students. They have established a solid foundation on which to develop their interest in the field of engineering. They have also gained invaluable, hands-on experience. Once again, I would like to congratulate the ThunderChickens on their remarkable 2006 First Robotics Competition National Championship.

Mr. LEVIN

Mr. LEVIN. Mr. President, this bill covers a number of important areas. The so-called ``tax extenders'' provisions will continue a number of expired or expiring tax incentives that are important to our economy. These include the critical tax credit for research and development done here in the U.S. The bill also extends the Welfare to Work and the Work Opportunity Tax Credits, which encourage employers to hire certain long-term family assistance recipients and members of targeted groups such as high risk youth, families receiving food stamps, SSI recipients, and qualified veterans. Another important extension is the deduction for the out-of-pocket expenses of elementary and secondary school teachers of up to $250 for books and other supplies. And there is a deduction of up to $4,000 for qualified tuition and related expenses. There is also a provision to provide equity to the U.S.-flag ships operating in the Great Lakes. I am also pleased that this Congress is addressing the annual dilemma of appropriate reimbursement for physicians treating Medicare patients. The current Medicare reimbursement system is flawed, and without action, doctors treating Medicare patients would have faced a 5% reduction in reimbursement. I am pleased that this legislation will halt those cuts and I urge the 110th Congress to take a serious look at overall Medicare reimbursement so that we do not make this an annual affair. I am also pleased that this legislation contains a six month extension of the Medicare hospital wage index reclassification, bringing additional temporary financial relief to over 100 Michigan hospitals. This bill also includes the permanent extension of Normal Trade Relations (PNTR) to Vietnam which Congress has been granting on an annual basis since December 2001. Vietnam is joining the WTO and the United States is obligated to grant Vietnam permanent normal trade relations in order to receive the market opening commitments that were made by Vietnam as a condition of joining the WTO. As a member of the WTO Vietnam will be subject to all of the WTO's international trade rules. Currently, the United States provides PNTR to most countries, but not Vietnam. I also support the inclusion of the provisions of S. 3711, the Gulf of Mexico Energy Security Act of 2006, in this package. I supported this bill when it passed the Senate because I believe we need to move forward to open up more areas for natural gas exploration to address the increasingly tight natural gas supply in the U.S and its resulting high prices. Over the past six years, the tight natural gas supply and increasing costs of natural gas has had a significant impact on consumers and particularly on the U.S. manufacturing sector, which depends on natural gas as both a fuel source and a feedstock and raw material. With U.S. natural gas prices the highest in the industrialized world, many companies have made decisions to move their manufacturing operations offshore. Millions of manufacturing jobs have outsourced overseas during this period. Mr. President, I will support this bill because it contains many important provisions. I do hope, however, that in the next Congress we can take up legislation in a timely manner allowing for more study and deliberation on important far-reaching provisions and avoid these last minute omnibus packages. The process by which this omnibus package was pulled together and unveiled at the eleventh hour is seriously flawed. Pushing through an un-amendable, take-it-or-leave it package of otherwise unrelated bills is not the way Congress should legislate. But at least we are finally coming to address a number of important provisions that we should have dealt with long ago.

Mr. LEVIN

Mr. LEVIN. Mr. President, I want to join my colleagues in bidding good wishes and Godspeed to Senator Paul Sarbanes, the senior Senator from Maryland and the longest serving Senator in Maryland history, as he retires this week. Senator Sarbanes was elected to the Senate 2 years before me, and thank goodness he was here. Paul Sarbanes has been a dear friend, an indispensable source of wisdom, a trusted ally, and an inspiration. Senator Sarbanes and I even briefly shared an office, when the anthrax attacks of 2001 forced him to leave his office in the Hart Building and set up shop temporarily in my conference room. After years of close cooperation, we were literally working side by side. What I have found over these years is that Paul Sarbanes is one of the smartest, kindest, and most thoughtful public servants in Government. He is quiet and does not seek the limelight, but behind his calm demeanor is a skilled legislator with a keen mind. Senator Sarbanes operates by compromise and by building consensus, but he also has plenty of backbone when it is needed. He knows when to coax, when to charm, and when to say ``enough is enough'' and get things done. In the wake of the accounting scandals at Enron and other corporations, it was Senator Sarbanes' leadership that led to the most significant reforms of accounting practices in a generation. The landmark Sarbanes-Oxley legislation, which grew out of his longstanding commitment to corporate responsibility and high ethical standards in business, curbed some of the corporate abuses that had shaken investor confidence in American business. That law has produced its critics, but most of the detractors are unhappy because Sarbanes-Oxley is so effective. Sarbanes-Oxley forces accountants to actually review the books. It forces CEOs to understand, review, and sign off on the company's financial statements. And it forces companies to produce meaningful financial statements with internal controls that back up the numbers. There are some critics who are waiting for Senator Sarbanes to leave the Senate, hoping to weaken what he built, but they will find many Senators, including this one, who will fight to maintain high standards. Sarbanes-Oxley will continue to serve as the foundation for reasonable regulation of our capital markets. While his name will always be associated with the Sarbanes-Oxley law, Senator Sarbanes remains an unsung hero for another accomplishment: cracking down on money laundering through the PATRIOT Act. I want to sing his praises on this for a moment because it is an issue I am passionate about and because Senator Sarbanes deserves greater recognition for his work. For several years prior to the 9/11 attacks, I worked on strengthening anti-money laundering laws--holding hearings, producing reports, and writing legislation but my effort had not succeeded. After 9/11, it was clear that U.S. anti-money laundering laws were full of gaps and vulnerabilities that needed to be addressed. But it was also clear that many in the financial industry did not want to have to operate under tougher laws. Nothing would have been accomplished even then if Paul Sarbanes had not stepped up and led. In the month after 9/11, Senator Sarbanes showed his legislative genius by taking a diverse group of provisions suggested by many different Senators and House Members, taming the competing interests, and writing a package quickly enough to be included in the PATRIOT Act. His own contributions included a key provision to make anti-money laundering programs mandatory rather than optional and to require anti- money laundering programs at a wide spectrum of financial institutions, such as securities firms and insurance companies, not just banks. He also required for the first time that securities firms report suspicious activity. In addition to these major changes, Paul helped enact a variety of provisions that I had been pushing for years. For example, he included my provision that barred banks and securities firms from opening accounts for shell banks, closing a major gateway for money laundering. He also helped shut down the flow of dirty money from foreign dictators who were looting their own countries and depositing their ill-gotten gains at U.S. banks by including my provision to make proceeds of foreign corrupt practices covered by our money laundering laws. And he did all of this work in 1 month, running the conference committee out of his hideaway office in the Capitol with 1 computer, 3 phones, and a shifting group of about 50 staffers from the White House, Senate, House, Justice Department, Treasury, and other agencies. He was the only Senator who was present throughout the entire conference, and it was his work at key moments that kept the anti-money laundering provisions in the PATRIOT Act. Senator Sarbanes' leadership is one of the great untold stories of that bill, and I hope that his role will one day be properly recognized. Paul Sarbanes has given Maryland and America a lifetime of public service, on President Kennedy's Council of Economic Advisors, in the Maryland House of Delegates, in the U.S. House of Representatives, and in the U.S. Senate. I know that Paul is proud that his son John will now carry on that tradition of service, having been elected last month to represent Maryland's 3rd district in the House. We will welcome John Sarbanes to Congress, but we will greatly miss his dad. My wife Barbara joins me in congratulating Senator Sarbanes on his retirement and in wishing him and his wife Christine all the best. We treasure their friendship and hope they will visit our Senate family often. Senator Sarbanes, with apologies to your Greek forbears for my pronunciation: chronyapola. May you have many years.

Mr. LEVIN

Mr. LEVIN. Mr. President, I rise today to honor Frank Fiala, superintendent of the Keweenaw National Historical Park. After nearly 32 years of Federal service, Frank will be retiring in January. Frank's service to our country began in the U.S. Air Force where he worked as a medic from 1969 to 1973. His career then transitioned to the National Park Service, where he has worked to protect our country's natural and historic treasures and to make them available for the public's enjoyment and appreciation. Frank's National Park Service career included assignments at the Lake Clark National Park and Preserve in Alaska, Wrangell-St. Elias National Park and Preserve in Alaska, Rocky Mountain National Park in Colorado, Carlsbad Caverns National Park in New Mexico, and Dinosaur National Monument in Colorado. For the past 10 years, Frank has served as superintendent of the Keweenaw National Historical Park in Michigan's Upper Peninsula, working to preserve and interpret the region's copper mining history. I offer this tribute to Frank because of my 10 years of personal experience working with Frank and witnessing his passion and enthusiasm for Keweenaw's rich mining history of immigration, labor, vibrant cultures, and changing technologies. Frank has been an extraordinary park superintendent at Keweenaw. Frank has successfully navigated the challenges of managing a park that owns less than 10 percent of the land within the park boundaries and requires partnering with a variety of public and private organizations. A significant milestone was reached with the completion of the park's General Management Plan, which Frank shepherded. Development of the plan was at times contentious and involved incorporating viewpoints from multiple stakeholders, including local citizens, businesses, landowners, entrepreneurs, corporations, educational institutions, foundations, and government agencies. Frank has been an enthusiastic advocate for the park, promoting the Keweenaw Peninsula's historic and cultural riches and envisioning the park's role in the future economic development of the region. Where some saw ruined, dilapidated buildings as eyesores, Frank saw them as opportunities. To preserve the historic landscape of copper country, Frank secured funding to make several significant property acquisitions, including the Quincy Mining Company's Pay Office; the Calumet and Hecla Mining Company General Office Building, which is now the Park Headquarters; the C&H Library, which now houses the park's extensive archival collections; C&H Warehouse No. 1, and the Union Building. A true preservationist, Frank successfully fought to stop the replacement of the city of Quincy's historic water tower, a vital part of the region's cultural landscape, with an underground storage tank. Frank personally researched and produced the original plans for the historic water tower, and now a replicated water tower stands proudly, providing water service to the area's residents and preserving a key feature of the Keweenaw landscape. In addition to preserving historic buildings, Frank also helped save a large collection of artifacts from the Calumet & Hecla Mining company, which is being cared for and catalogued by one of the Nation's finest professional staff of archivists, curators, and museum technicians. Since Frank's arrival, the park's museum collection has grown from nothing to over 300,000 historic items. As anyone who has had the opportunity to drive through the park with Frank knows, Frank truly is a visionary. One is quickly transported back in time to the 19th century, when the Keweenaw produced 85 percent of the Nation's copper. Frank makes the history of ``copper country'' come alive: the sounds of the immigrants arriving, the smells of pasties wafting from lunch pails descending into the deep mine shafts, the tremors from the strikes of 1913 caused by unfair labor conditions. His enthusiasm in relation to rehabilitating and interpreting the historic properties scattered across the park is contagious. Thanks to Frank, visitors to the Keweenaw can truly experience what it was like to be part of the mining community during the industrial revolution. Frank's dedication to preserving and interpreting the history of the Keweenaw, and his many years of public service is truly an example to others. His enthusiasm, vision, and proactive approach have given the people of Keweenaw, MI and our Nation a great gift. Thank you, Frank, for your service, and congratulations on your retirement.

Mr. LEVIN

Mr. LEVIN. Mr. President, I support the nomination of Robert Gates to be Secretary of Defense, as did every member of the Committee on Armed Services, under the leadership of Senator Warner. Over the last few weeks, I have met personally with Dr. Gates, reviewed his record, his response to written policy questions from the Committee on Armed Services. I listened carefully to his testimony before the committee yesterday. At every stage of the process I have been favorably impressed by Dr. Gates' candor, his forthrightness, and by the direct answers he has provided to our questions. The American people in November demonstrated their strong desire for two important changes in our Government. One is a change in policy on Iraq. The second is a change in the atmosphere in Washington. On each of these issues, Dr. Gates' performance has been exemplary. He has also provided a dose of reality and straightforward honesty relative to Iraq. Dr. Gates' willingness to identify past mistakes was notable. He included in a list of those mistakes, when he was asked, inadequate troop levels at the outset of the operation, disbanding of the Iraqi Army, de-Baathification measures that went too far. He acknowledged we are not winning overall in Iraq, with the important caveat that our troops continue to perform superbly and have yet to lose a single battle. He agreed we need to communicate a sense of urgency to the Iraqis and to pressure them to reach a political settlement that only they can reach, and that without it there will be no end to the violence, regardless of improvements in the Iraqi military. Dr. Gates stated that a major change in policy is needed and that all obligations need to be on the table. He made it clear that he intends to consult with the commanders in the field, the Joint Chiefs of Staff, and others before recommending a strategy. He stated he would consult with Members of Congress on a bipartisan basis. He agreed that we need to more clearly identify our objectives and match our forces to those objectives. He spoke favorably about the need for specific benchmarks for those efforts and the efforts of the Iraqis. On the second issue, Dr. Gates placed a strong emphasis on the need for bipartisan solutions to our problems in Iraq and other national security issues. He spoke in favor of congressional oversight. He expressed his desire to work with Members of Congress in both political parties. Moreover, Dr. Gates stated that our senior military leaders must be free to speak truth to power, to express their views directly to the President, the Secretary of Defense, and the Congress. He also stated that intelligence should not be politicized and that intelligence analysts must be free to provide their unvarnished views to leaders of both the Congress and the executive branch. He stated to the extent the Office of the Under Secretary of Defense for Policy prior to the Iraq war provided a separate avenue for the analysis of intelligence information outside of the intelligence community that he has ``a problem with that.'' We will make significant progress in Iraq only if a new approach is forthcoming. We are not going to make significant progress if we insist on circling the wagons, denying any mistakes have been made, and staying the course. We are not going to make significant progress until the administration comes to grips with what is happening on the ground in Iraq and listens to the views of the Congress, the American people, and others who have had differences with the administration. Dr. Gates' confirmation as Secretary of Defense will not by itself solve our problems in Iraq. Indeed, as he acknowledged, the key decisions on Iraq will continue to be made by the President of the United States, not by the Secretary of Defense. On the key issues of Iraq, and the atmosphere in Washington, however, his testimony was very encouraging indeed. Dr. Gates' testimony on other issues was positive as well. For example, he stated his belief that we should engage with North Korea, Iran, and Syria, and that he is open to the possibility of doing so on a bilateral basis, even though, understandably, he does not have any great expectations that such discussions would lead to significant improvements. This kind of willingness to engage in at least discussions with those who disagree with us has too often been hard to find in the administration. I support Dr. Gates' nomination. I wish him luck as he undertakes these immense challenges facing the Department of Defense. I want to comment on two other issues, one that Senator Warner made reference to, and that is the Baker-Hamilton report. That report proposes a welcome change in direction for our policy. It urges the administration and all of us to come together politically on a bipartisan basis. It also suggests that the only way we can maximize the chances of success in Iraq is if the Iraqis come together politically and take over the responsibility for their own country. The ideas they propose in this report are totally consistent with what a number of us have been urging for a long time: that we have to pressure the Iraqis to take over, that they have to resolve their political differences, and that unless those political differences are resolved by the Iraqis that there is not going to be an end to the violence in Iraq. The discussion in this report about reduction in forces is a tool of putting pressure on the Iraqis to take responsibility for their own future. We cannot be a security blanket in an unlimited way for the Iraqis. They, and they alone, are going to decide whether they have a nation or whether they have a civil war, and we cannot get in the way of the Iraqis if they are determined to have a civil war. Finally, I want to say a word about Senator Warner. The fact that this nomination is coming to this floor with a unanimous vote is, in part at least, the result of the efforts of Senator Warner. Obviously, we all have decided that Dr. Gates deserves our confirmation. But, as is always the case with Senator Warner, the process which was used here was thorough, fair, and consistent with senatorial traditions: that we look at nominees, ask hard questions, be thorough. His respect for this institution is not exceeded by anybody, as far as I am concerned, in this institution. It is essential to the Senate that we have this kind of respect, not just for each other, as important as that is--and clearly his civility in that regard is also exemplary--but that we also have great respect for the procedures, processes of this institution. We gave Senator Warner a little tribute yesterday as we were voting in executive session, a little plaque that had three gavels on it. Those three gavels represented the three times actually that Senator Warner has been the chairman of the Armed Services Committee; one of which was kind of unique just because for 17 days in 2001, when the Vice President of the United States was Al Gore because the President had not been sworn in until January 20, and the Congress was 50-50 on January 3, I actually was chairman for 17 days and Senator Warner was ranking member for that short period of time before he took over again as chairman of the Armed Services Committee. Because of the rules of his caucus, which are totally the business of the Republican caucus, Senator Warner will now take on other responsibilities in this institution. But his civility, his sense of this institution, his bipartisanship--which is again reflected in the remarks which he made today, and reflected in what he has urged the President to do and what he urged Dr. Gates to do in terms of discussions with Members of the Congress--that effort on his part is so totally typical of him as a human being and him as a leader, who senses that when it comes to national security policy and defense policy this country requires bipartisanship. Maybe in other areas the danger is less of excessive partisanship. Maybe in other areas besides national security and defense we can get away with being partisan, even though we should not. But in this area we cannot, in good conscience, be partisans. We have to be patriots. We are going to have different views. Those different views are not necessarily going to be divided by this aisle, but those different views are respected, they are welcome. Senator Warner again expressed the importance of different voices being added to a chorus. But at the end that chorus, hopefully, will be singing the same song about the security of this country, with different voices from different places but talking about the same goal, which is the national security of the Nation. Another goal which he has championed is the support for the men and women of the Armed Forces. They never had a greater champion. They have had great champions in this body, on the Armed Services Committee, off the Armed Services Committee. They have had great champions. They deserve great champions. They have had a great champion in John Warner. The men and women of the military who put their lives on the line for this Nation deserve the kind of support they get from John Warner. He is an example that all of us follow, I hope, or at least try to follow when we look at what the needs are of the men and women of the Armed Forces in uniform, and out of uniform, who take the risks for us and whose families take the tragic losses and have to face those losses every moment of every day in that their loved ones are in harm's way. So I just want to--as we bring, I guess, this last nomination to the floor, which is brought to the floor by Senator Warner as chairman of the committee--pay him tribute on behalf of the whole committee. We all, in our own way, speak to him about it, sometimes privately and personally, other times very publicly, like this is. But I just want to let him know that he has not only been one great friend, his wife Jeannie and Barbara and I have been great friends, and we will continue to be. As he frequently points out, we came here together, which is a special bond between us--which it is for all Members of the Senate. Members of their class are usually the ones they are closest to, just like in high school. That has nothing to do with party labels or affiliations. That has everything to do with relationships, going through the same process together and going through the same hoops and jumping the same hurdles together. We have done it together. I relied on him more than he will ever know, and I will continue to rely on him as a member of the committee. But as I undertake my new responsibilities, I, again, not only will continue to cherish his advice and friendship, but I will be relying on it almost as much as ever. I thank him, I know, on behalf of all the members of the committee.

Mr. LEVIN. Madam President, Senator Kennedy is here. I ask unanimous consent that after Senator Kennedy has completed, Senator Hutchison be recognized again in the event she is prepared to go at that time.

Mr. LEVIN

Mr. LEVIN. Mr. President, crime in our Nation is increasing. Too often guns are involved. In 2005, our country experienced a surge in murder and robbery rates. Unfortunately, that surge has continued in 2006. The Police Executive Research Forum, a think tank that serves many of the Nations' police departments, examined the murder and robbery statistics of 53 U.S. cities for the first 6 months of this year. In their report, ``A Gathering Storm: Violent Crime in America,'' they report that murder has increased in 26 of the 53 cities, and robberies have increased in 43 of the 53 cities. In Boston, after a 19.6-percent increase in murder in 2005, the first 6 months of 2006 produced another 27.5-percent increase. In Memphis, murder increased 27 percent in 2005 and 43 percent in 2006. Police officials attribute these severe increases to increases in gang activity, violent offenders returning from prison and kids who have easy access to guns. In September, the Federal Bureau of Investigation reported that in 2005 violent crime increased 2.3 percent, murder and non-negligent manslaughter increased 3.4 percent, robbery increased 3.9 percent, and aggravated assault increased 1.8 percent from 2004. What may be even more dramatic is the fact that these statistics are not exclusive to larger cities. Smaller communities that typically had relatively low amounts of crime have also been affected. In the first 6 months of 2006, robbery was up 47 percent in Rochester, NY, 37 percent in suburban Montgomery County, MD, 36.8 percent in Minneapolis, 36 percent in Milwaukee, and 27 percent in Norfolk, VA. This translates into thousands more people being robbed, often at gunpoint. According to a poll conducted by the Washington Post and ABC News, 61 percent of Americans favor stricter gun laws. This is up from 57 percent in 2002. The 109th Congress's record on gun safety is not one of which to be proud. It has been a ``do nothing'' Congress. I will continue in the 110th Congress to work to pass sensible gun safety legislation to help make our communities safer.

Mr. LEVIN

Mr. LEVIN. Mr. President, it is unfortunate that it sometimes seems to require high profile tragic school shootings to focus the Nation's attention on the easy access to guns by young adults and children. Sadly, we find ourselves once again examining the subject in the aftermath of not one, but two shootings. On April 27, 1999, we paused in the Senate to observe a moment of silence in tribute to those who died at Columbine High School and to express our sympathy for their loved ones. Since that tragedy, tens of thousands of people have been killed by guns and, according to the Brady Campaign, there is an unlocked gun in one of every eight family homes. On September 13, 2006, a 25-year-old-man opened fire in the cafeteria at Dawson College in Montreal, Canada. He began firing randomly at students killing one and injuring 19 others. Five of those injured are in critical condition. Wielding a rapid-fire rifle in addition to two other weapons, the shooter walked through the halls of the college shooting indiscriminately. Prior to the incident, the shooter had openly expressed his fondness for the events surrounding the 1999 slaughter at Columbine High School. While this episode took place in Canada, similar incidences have occurred all too frequently in the United States. On September 17, 2006, five Duquesne University basketball players were shot while leaving a school dance. So far, two young men have been arraigned on charges of attempted homicide, aggravated assault, criminal conspiracy and weapons-related offenses. A 19-year-old woman has been arrested on charges of reckless endangerment, carrying a firearm without a license and criminal conspiracy. One player, remains in critical condition with one bullet and fragments of another in his head. It is impossible to come to terms with these or any of the other shooting tragedies that have claimed the lives of far too many young people. Yet after such tragedies, we ask ourselves if they might have been prevented. The answer, of course, at least in part is yes. Congress can and must work to keep guns out of the hands of young people. What will it take to pass legislation that requires firearms to be sold or transferred with storage or safety devices? What will it take to pass child access prevention legislation, which would require adults to store firearms safely and securely in places that are reasonably inaccessible to children? Congress and the President should work to enact these and other common-sense gun safety reforms that will keep our young people alive and safe.

Mr. LEVIN

Mr. LEVIN. I think it is critically important before we leave--

Mr. LEVIN. Mr. President, under the unanimous consent agreement, I have been allocated 10 minutes, at the end of which I am going to make a unanimous consent request that we proceed immediately to the Defense Authorization bill, the John Warner Authorization bill conference report, which has come over from the House. I do not know of any opposition to this bill. We have worked on it for 5 months. It has provisions in it which are critically important to our troops.

Mr. LEVIN. I ask unanimous consent at this point that the conference report to accompany H.R. 5122, the John Warner National Defense Authorization Act of Fiscal Year 2007, be deemed adopted by the Senate with a motion to reconsider laid upon the table.

Mr. LEVIN. So we could adopt it tonight?

Mr. LEVIN

Mr. LEVIN. Mr. President, I will support final passage of the Homeland Security appropriations bill today because it includes vital funding for our first responders and our Nation's borders. Unfortunately, the bill still does not go far enough. In particular, I am disappointed that the Senate has again included the small State funding formula for our largest first responder grant program. We need to change our approach to allocating these scarce resources by reducing the amount of funds allocated to States regardless of need and increasing the funds available to States facing the greatest threats and greatest need. I will continue to work with my colleagues in coming months to make the allocation of these scarce resources more equitable. I am also disappointed that this bill does not take steps to establish a Northern Border Air Wing in Detroit, MI, as the Senate bill did. The Northern Border Air Wing, NBAW, initiative was launched by the Department of Homeland Security, DHS, in 2004 to provide air and marine interdiction and enforcement capabilities along the northern border. Original plans called for DHS to open five NBAW sites in New York, Washington, North Dakota, Montana, and Michigan. Michigan was originally scheduled to be the third facility opened. The New York and Washington NBAW sites have been operational since 2004. Unfortunately, not all of the sites have been established, leaving large portions of our northern border unpatrolled from the air and, in the case of my home State, the water. In the conference report accompanying the fiscal year 2006 DHS appropriations bill, the conferees noted that these remaining gaps in our air patrol coverage of the northern border should be closed as quickly as possible. This bill does not accomplish the goals set by Congress last year. In testimony before the House Armed Services Committee, John Bates, the Chief CBP official in the Detroit Sector said the Detroit area's international border is ``an attractive site for criminal organizations that traffic human cargo, contraband, and narcotics across our border.'' Chief Bates also noted in his testimony that the ``natural terrain and geographical nexus to the waterways'' presents a tremendous challenge to border interdiction and Law Enforcement efforts, the failure of which ``could have major national security implications.'' During Senate floor consideration, with the help of Senators Byrd and Gregg, the Senate accepted my amendment related to establishing the fifth and final Northern Border Wing. Unfortunately, this funding was taken out in conference, and the gap along the northern border will remain open for yet another year. Given the serious threat from terrorists, drug traffickers, and others who seek to enter our country illegally, I would hope the Department uses its operating funds to open the Michigan site as soon as possible. According to the Department, establishing the NBAW will cost approximately $17 million. This would be consistent with an April 11, 2006, letter to me in which Secretary Chertoff indicated that it was his Department's plan to open the Michigan site during the 2007 fiscal year. I hope he will follow through on that promise. Although I wish the bill did more to make first responder funding risk-based and to establish a Northern Border Wing in Michigan, there are many provisions in the bill that I support. I was pleased to learn of the appropriators' decision to retain the Leahy-Stevens Western Hemisphere Travel Initiative deadline extension. According to the Detroit Regional Chamber of Commerce, businesses in Michigan are already being negatively impacted by concerns about crossing land borders from Canada into the United States. Extension of the implementation deadline will allow DHS and the State Department to work through a variety of issues associated with REAL ID and the proposed pass cards, as well as allow for a more effective public information campaign. I am also pleased that the final bill includes funding for 1,500 new Border Patrol agents. I hope the Department will apportion these agents in a manner that considers the threat along the northern border, particularly in the areas around the northern border's busiest crossings. I was pleased the conferees noted the lack of experienced border agents on the northern border and that they have agreed to hold the Secretary's feet to the fire on this issue. As a member of the Homeland Security and Governmental Affairs Committee, I look forward to discussing this matter with Secretary Chertoff. The conferees retained a provision regarding a pilot project for unmanned aerial vehicles on the northern border. The Great Lakes are almost completed unguarded at present, and UAVs are the perfect technology for surveillance along these water borders. The Great Lakes offer a unique opportunity for the Department, and I look forward to working with the Department in the coming year on this issue. I am pleased that the bill includes language that will strengthen the Federal Emergency Management Agency, FEMA. The Federal Government's bungled response to Hurricane Katrina demonstrated incompetence at the highest levels of DHS and also demonstrated the need to strengthen our Nation's emergency response capabilities. The FEMA provision will restore the vital connection between emergency preparedness and response that Secretary Chertoff had previously severed. The bill also includes a provision for keeping families together during mass evacuations and requires DHS to establish a National Emergency Child Locator Center that will help families reunite more quickly in the event they get separated during a disaster. I hope these provisions will help prevent the reoccurrence of one of the most tragic consequences of the Katrina disaster--the thousands of children who were reported as missing in its aftermath. However, I am disappointed that the bill did not include a $3.3 billion authorization for a dedicated communications interoperability grant program. This provision had previously been included in an emergency management reform bill that we passed in the Homeland Security and Governmental Affairs Committee. The bill also includes a provision that would authorize the Secretary of Homeland Security to issue interim regulations for high-risk chemical facilities. Although this authorization is long past due, I am disappointed that such an important provision was drafted behind closed doors, instead of being vetted with full transparency, as was the case with the comprehensive chemical plant security legislation that passed out of Senate Homeland Security and Governmental Affairs Committee unanimously on June 15, 2006. I am glad that a 3-year sunset provision was included in the bill so that the authorizing committees can make any needed improvements to ensure that the threats from chemical plants are fully addressed.

Mr. LEVIN

Mr. LEVIN. Mr. President, every year since 1961, there has been an annual Defense authorization bill enacted. This year--

Mr. LEVIN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. LEVIN

Mr. LEVIN. Mr. President, I ask unanimous consent that I yield 2 minutes to our friend from Delaware.