Barbara Mikulski

Ms. MIKULSKI

Ms. MIKULSKI. Mr. President, I rise today to support America's small businesses. I know how important small businesses are to the health of the economy and to the communities that they serve. I know that small businesses are struggling to provide health care for their workers. We should move to offer small businesses reasonable solutions. I commend Senator Enzi for tackling such a tough issue, but this bill would ultimately end up increasing the cost of health care coverage for those that need it most. We need to be talking about improving health care for all Americans at any age and making the care more affordable for patients, as well as employers. American families are feeling stressed and strained, facing the ballooning cost of health care. Health care coverage is one of the most important issues facing Americans who are worried they will lose coverage, and won't be able to afford the care they need. It is true having health insurance is crucial but it cannot be just any health care packet; it must be a comprehensive packet. One of the big problems with Senator Enzi's bill is allowing insurance companies, instead of State-elected legislators who speak for their constituents, decide the benefits that consumers should have when they purchase health care. The benefits I am most concerned about protecting are preventive services. There is a reason that so many of these benefits mandated by States are preventive service--they wouldn't have been included otherwise. There is a reason Maryland guarantees access to mammography--insurers were not covering it. There is a reason that diabetic equipment and supplies are a guaranteed benefit--beneficiaries were complaining that they couldn't get the supplies covered. Imagine being diagnosed with diabetes--there are in fact 21 million Americans who have received just this diagnosis. Then imagine being told you must carefully check your blood sugar to keep your disease in control--but your insurance company won't pay for this? The American Diabetes Association estimates that it costs $13,243 for every patient to manage their disease. This is what health insurance is for. Most States have recognized the importance of guaranteeing coverage for diabetes supplies and education and have passed laws that provide this coverage to residents in State-regulated health plans. We must not undo what these States have identified as important covered services. And what about mammograms? Breast cancer is the most common cancer among women, accounting for nearly one of every three cancers diagnosed in the United States. Over 40,000 deaths from breast cancer are anticipated this year alone. Screening and early detection are critical for decreasing the mortality rates of breast cancer. Our reduction in cancer mortality depends on the increased use of mammography screenings for early detection of this disease. I have worked hard in Congress to ensure women have access to quality mammogram care. I authored the Mammography Quality Standards Act, MQSA, over 10 years ago. This improved the quality of mammograms by setting federal safety and quality standards for mammography facilities. This includes personnel, equipment and operating procedures. Before MQSA became law, there was a patchwork of standards for mammography in this country. Radiation levels used on patients varied widely, equipment was shoddy, and physicians often didn't have proper training. I went to work in Congress to set national standards, helping to make mammograms a more safe and reliable tool for detecting breast cancer. My own State of Maryland is one of the many States that mandates insurers provide mammography screening. We know this saves lives. Maryland also mandates insurers provide coverage for breast cancer patients who participate in clinical trials, so we can work toward a cure for breast cancer. Covering services that prevent health conditions is not only sound health policy, it is sound fiscal policy. By finding and treating diseases early we will save the U.S. taxpayers millions of dollars. In fact, it is the only real way to really decrease the cost of health care in this country. Knowing how important health insurance coverage is for small businesses, I have joined 26 of my Senate colleagues to support the Small Employers Health Benefits Program, SEHBP, which gives small businesses affordable choices among private health insurance plans and expands access to health care coverage for their employees. The SEHBP would allow small businesses across America to band together for lower health care prices by pooling their purchasing power and spreading their risk over a large number of participants. Employers would qualify for an annual tax credit to partially offset contributions on behalf of low-income employees. I came to the Senate to change lives and save lives. We need to guarantee that more Americans have access to services that prevent and treat chronic illness. Unfortunately, S. 1955 will not do this and in fact this bill will compromise the coverage people already have. I will continue to work toward a solution for affordable health care for patients and employers. I will fight to make a difference. Together, we can change lives.

Ms. MIKULSKI

Ms. MIKULSKI. Mr. President, I support our troops and their families. I am behind them 100 percent. They deserve our gratitude, not just with words but with deeds. We must do right by our troops and their families. This strong emergency supplemental appropriations bill helps us do just that. This supplemental also provides needed funds to the victims of the devastating hurricanes that hit our gulf coast last summer. In this bill we have provided $15.6 billion to fix or replace equipment that has been damaged during combat operations and to buy additional force protection equipment desperately needed by our brave men and women on the battlefield. To help protect our troops from deadly improvised explosive devices, IEDs, this bill creates the joint improvised explosive device defeat fund and provides the fund with nearly $2 billion to develop and field the necessary tactics, equipment, and training to defeat these deadly weapons. Another way we can support our troops is to make our intentions in Iraq clear to the Iraqis and the international community. To this end, I supported the amendment introduced by Senator Biden that prohibits the building of any permanent military bases in Iraq. This will send a clear message to the Iraqi people--we are committed to withdrawing our troops once their mission is accomplished. To ensure that we do all we can to care for soldiers when they are injured, this bill includes an additional $1.15 billion for the defense health program. This money ensures that we can continue to provide world-class services including rapid aero-medical evacuation to our most severely wounded soldiers. The veterans health care system is stretched to the limit at a time when more and more veterans are turning to VA. That is why I cosponsored an amendment by Senator Akaka to increase veterans funding by $430 million to meet the health care needs of soldiers returning from Iraq and Afghanistan and other war veterans. The rank-and-file employees of the Federal Government are the unsung heroes of this country. Unfortunately, they are often required to work in substandard or often hazardous conditions. It was recently reported that employees within this very building are forced to enter tunnels full of asbestos and on the verge of collapse. That is why I cosponsored an amendment by Senator Allard that provides over $27 million for critical emergency structural repairs to the Capitol Complex utilities tunnels. I will continue to fight for our Federal workforce to ensure they have safe working environments and proper safety equipment. We know that nearly 40 percent of the soldiers deployed today in Iraq and Afghanistan are citizen soldiers who come from the National Guard and Reserves. More than half of these will suffer a loss of income when they are mobilized, because their military pay is less than the pay from their civilian job. Many patriotic employers and State governments eliminate this pay gap by continuing to pay them the difference between their civilian and military pay. The reservist pay security amendment, which I worked on with Senator Durbin, will ensure that the U.S. Government also makes up for this pay gap for Federal employees who are activated in the Guard and Reserves. Mr. President, last year, we provided emergency relief for the victims of the horrible tsunami in Asia. Today with this bill, we are providing over $27 billion in support to our own citizens so badly hurt by the devastating hurricanes that hit the gulf coast last year. This money will not only help with the rebuilding of New Orleans, but will provide a host of economic incentives and subsidies to help the people of Louisiana, Mississippi, Texas, and Alabama get back to work and rebuild their lives following the destruction of Hurricanes Katrina and Rita. Additionally, this bill provides emergency funding to help immediately rebuild the levees and install flood control equipment that will help prevent another terrible tragedy from occurring when this year's hurricane season arrives in less than 4 weeks. After 9/11 we realized that our borders were not secure. Since then, we have waged the war on terror and made great strides at protecting our homeland. We have made significant investments in law enforcement and security; however, the infrastructure that supports our border security has been allowed to crumble. To counter this, I supported an amendment proposed by Senator Gregg which adds $2 billion for border security initiatives to include buying additional vehicles, airplanes, helicopters, and ships. It also builds state of the art facilities for use in ensuring the security of our borders. We have all seen the devastating effects of natural disasters and terrorism and are working hard to prevent future occurrences from affecting our Nation and the world. We have recently learned of another potential threat: a worldwide flu epidemic that could cost millions of lives if we are unprepared. In response to this threat, this bill provides $2.3 billion to prepare for and respond to an influenza pandemic. Making this money available now will help expand the domestic production capacity of influenza vaccine, and will help develop and stockpile the right vaccines, antivirals, and other medical supplies necessary to protect and preserve lives in the event of an outbreak. Because it is just as important to support our communities at home as it is to support our troops in the field, I will continue to fight for responsible military budgets. For that reason, I joined Senator Byrd's call for the President to fund our operations in Iraq and Afghanistan through the regular budget and appropriations process. After 4 years in Afghanistan and 3 years in Iraq, we should not be funding these operations as if they were surprise emergencies. Mr. President, this bill is a Federal investment in supporting our troops and their families and providing relief for those impacted by the devastating hurricanes. We support our troops by getting them the best equipment and the best protection we can provide. We support them by making it easier for our citizen soldiers in the National Guard and Reserves to serve their country. And we support them by ensuring they are cared for with the best possible medical system when they are injured or ill. With this bill, we are also helping our neighbors rebuild their homes, their communities, and their lives, and I am proud to give it my support.

Ms. MIKULSKI. Mr. President, I rise in opposition to Senator Thune's amendment and to set the record straight on my ongoing and passionate support for AmeriCorps and the National Civilian Community Corps, NCCC. The Senator from South Dakota said that I described the overall AmeriCorps program as, ``It's like Enron's gone nonprofit.'' Senator Thune was absolutely wrong to say that is the way I describe AmeriCorps. I love AmeriCorps. I love what they do for communities. I love what they do for America. Senator Thune took that quote totally out of context. I made that statement back in 2002 when a bureaucratic boondoggle led to the overenrollment of 20,000 volunteers. When that happened, I led the efforts to organize the national service groups and to strengthen AmeriCorps. Along with Senator Bond, I introduced and passed the ``Strengthen AmeriCorps Program Act of 2003'' which established new accounting procedures for AmeriCorps. I urged the President to appoint a new CEO for the Corporation of National Service--a CEO with the management skills necessary to restore confidence in the Corporation's abilities to make a real difference to our volunteers--and in our communities. I also asked for a reinvigorated Board of Directors that would take greater oversight and responsibility and I have consistently called for increased funding so that AmeriCorps could support 75,000 volunteers each year. AmeriCorps is stronger than ever. Since its creation, over 300,000 volunteers have served in communities and earned education awards to go to college or to pay off student debt. To date, 7,500 Maryland residents have earned education awards. The NCCC program, which has a campus in Perry Point, MD, is a full-time residential program for 18 to 24 year olds designed to strengthen communities and develop leaders through team-based service projects. Each year, approximately 1,100 participants reside in its five campuses nationwide. The Perry Point campus houses 200 AmeriCorps members every year, and since 1994 its residents have logged more than 350,000 service hours. Most recently, NCCC members have provided more than 250,000 service hours valued at $3.8 million to projects in the Gulf Coast region, which reflects their critical service during every American natural disaster since the program started. The funds that Senator Thune wants to cut are specifically dedicated to support volunteer recovery activities in the gulf and would pay for 800 NCCC members who will provide more than 1.2 million hours of service in the gulf coast hurricane recovery effort. These teams will rebuild schools and community centers, remove debris, and help senior citizens rebuild their homes and lives. This funding demonstrates the Senate's commitment to keeping this valuable program alive, despite President Bush's efforts to cut the Federal funds it needs to survive. I fought to create AmeriCorps, I fought to strengthen AmeriCorps, and I will fight to save AmeriCorps. Today's Federal investment, like these fine volunteers, are needed now more than ever. I strongly encourage my Senate colleagues to make sure this money is included as a part of this emergency spending package, and I urge them to oppose Senator Thune's amendment which would divert these critical funds away from NCCC.

Ms. MIKULSKI

Ms. MIKULSKI. Mr. President, this month marks the anniversary of two milestones in Asian Pacific American history. The first-ever Japanese Americans made their home in this country starting on May 7, 1843. And in this same month in 1869, the Transcontinental Railroad, which had a tremendous impact on settling the West, was completed largely due to the hard labor of hundreds of Chinese Americans. These landmarks in Asian Pacific American history inspired Congress in 1977 to pass legislation establishing a week in May as Asian/Pacific Heritage Week. In 1990, it was expanded into a month-long observation. So this May, in recognition of Asian Pacific American Heritage Month, I honor the diverse cultures and heritages that make up the Asian and Pacific Islander American communities in my own home State of Maryland and across the Nation. I recognize the adversity and discrimination so many have faced and continue to face in America, and I vow to continue to fight to make sure all Asian Pacific Americans receive the equality they deserve in all aspects of their lives. Asian and Pacific Islander American communities come from all different countries of origin from China, Japan, Laos and the Philippines to Pakistan, Vietnam, Korea, and many others. They have brought with them unique cultural traditions, religions and languages. And they make major contributions to all facets of our society from small businesses to giant corporations, from the government to the front lines of battlefields, schools, athletics, law firms, hospitals, and countless other arenas. For centuries, they have helped make America what it is today, and they continue to be an integral part of the diverse American tapestry. That is why I support comprehensive immigration reform and accessible, efficient immigration services to keep our borders open to the immigrants that continue to make their homes in America and contribute to our culture and economy. Asian Pacific American Heritage Month is a reminder of the contributions this community makes to our society all year round. I will continue to fight in the Senate for the needs of the millions of Asian Pacific Americans that have made their home in this country.

Ms. MIKULSKI

Ms. MIKULSKI. Mr. President, I rise tonight along with my colleagues Senator Allard and Senator Durbin to speak in support of an amendment we introduced today to the Emergency Supplemental bill. This amendment provides $27.6 million in Federal funds to repair unsafe working conditions in the tunnels below the Capitol Building. This amendment is needed now because the Architect of the Capitol has failed to ameliorate hazardous conditions that exist in the tunnels beneath the Capitol. These conditions endanger the health of the tunnel workers and their families. Something needs to be done, and it needs to be done now. That is why I am co-sponsoring this amendment. I first learned of these horrible conditions when I received a letter signed by 10 members of the tunnel shop that detailed the dangerous conditions that exist in the tunnels, and provided information that some of these conditions have existed for at least 6 years. There is no doubt, many of problems in the tunnels have only worsened during that period from neglect and further deterioration. Despite this, no action was taken to make sure the workers were safe on the job. The conditions are so poor that in 2000 the Congressional Office of Compliance issued citations to the Architect of the Capitol. Yet, it appears the Architect of the Capitol ignored the citations and did not make the necessary repairs or take immediate, effective steps to protect these workers. It was clear that these workers came to me only after all other recourse failed them. In addition, the utility workers informed me that the U.S. Capitol Police as a matter of policy are not allowed to patrol the tunnels; if it is true that U.S. Capitol Police are forbidden from patrolling the tunnels because of the hazardous conditions, then the failure to address these conditions also has created a potentially serious security loophole that could endanger all of us who work in the Capitol and surrounding buildings. This is unacceptable. I agree with the workers that something needs to be done, and it needs to be done now. I have already demanded that the Architect of the Capitol at a minimum take immediate steps to protect the employees who work in the tunnels, ameliorate all of the conditions for which citations were issued in 2000, obtain a comprehensive and credible safety assessment that specifically addresses all hazardous conditions, and particularly the issues raised by the tunnel employees, develop and implement a plan to remedy the hazardous conditions and maintain a safe working environment, and address the security concerns these tunnels present. The response I received was that the Architect needs additional funds in order to make the necessary repairs. This amendment would provide the money needed to make sure that these brave men working in tunnels are safe. The tunnel workers should not have to wait another day to be assured of a safe and secure working environment. They already have waited too long.

Ms. MIKULSKI

Ms. MIKULSKI. Mr. President, 7 months ago, the world watched in horror and disbelief as Hurricane Katrina tore through the gulf coast and left massive devastation in its wake. We have seen the pictures of toppled buildings, collapsed houses, and communities covered in an endless blanket of debris. We have wondered--how will they ever recover? With the help of volunteers, slowly they are making progress. Hundreds of selfless do-gooders have been putting on hard hats, wading through homes knee-deep in mud, clearing debris and literally doing the dirty work. April is National Volunteers Month. I wish to recognize it by saying thank you to all the volunteers and service workers everywhere. And this year I especially want to honor those helping out with Hurricane Katrina recovery. They are taking time out of their lives to help their fellow Americans in their time of need--and they are doing it out of the goodness of their hearts. AmeriCorps is the embodiment of this spirit of volunteerism and service to the country. Since 1989, I have been a leader in the creation of AmeriCorps. I introduced the National and Community Service Act to establish the Corporation for National and Community Service to oversee and coordinate our national volunteer efforts and to create a demonstration program that has evolved into what we know today as AmeriCorps. As one of the founders, I have been its chief advocate in the Senate. I fought to create AmeriCorps, I fought to strengthen AmeriCorps, and I will continue to fight to save key AmeriCorps programs. Hundreds of members of the AmeriCorps National Civilian Community Corps, NCCC, have set up camp in the gulf region. They have provided more than 250,000 service hours valued at $3.8 million to Hurricane Katrina recovery projects. They are helping thousands get their homes, their communities, and their lives back. Their help is needed now more than ever. But President Bush's fiscal year 2007 budget would completely eliminate the NCCC program and close its five campuses nationwide--including one in my own home State at Perry Point, MD. The Government let the people of the gulf coast down when Hurricane Katrina hit, we can't let them down in her aftermath. That is why I fought back against President Bush's budget cuts and worked to make sure the emergency supplemental spending bill, which will be considered on the Senate floor this week, contained $20 million for the NCCC to support volunteer hurricane recovery activities on the gulf coast and other affected areas. AmeriCorps volunteers tackle the toughest problems in our communities. Not only are NCCC teams a vital resource in hurricane recovery on the gulf coast, they are deployed nationwide to build homes, clear thousands of acres of forests burnt by wildfires, and tutor children. They are unflagging, unflinching, and determined to make a difference. And we need their help. Now is not the time to take our volunteers for granted and turn our backs on the NCCC. It is time to thank them not just with words but with deeds.

Ms. MIKULSKI

Ms. MIKULSKI. Mr. President, I rise today to continue the fight to right a wrong in America's visa program. I believe it's time for America to extend the visa waiver program to Poland. I am pleased to have formed a bipartisan partnership with Senator Santorum to introduce this amendment to get it done. In September 2004, Senator Santorum and I met with a hero of the Cold War, Lech Walesa. When he jumped over the wall of the Gdansk Shipyard, he took Poland and the whole world with him. He told us that the visa issue is a question of honor for Poland. That day, we introduced a bill to once again stand in solidarity with the father of Solidarity by extending the visa waiver program to Poland. Last month, I had the honor of meeting with Poland's new President, Lech Kaczynski, joined by my colleagues Senator Levin and Senator Lugar. We reaffirmed and cemented the close ties between the Polish and American peoples. And we heard loud and clear that the visa waiver program remains a high priority for Poland. My friends, Poland is not some Communist holdover or third-world country begging for a handout. The Cold War is over. Poland is a free and democratic nation. Poland is a NATO ally and a member of the European Union. But America's visa policy still treats Poland as a second-class citizen. That is just wrong. Poland is a reliable ally, not just by treaty but in deeds. Warsaw hosted an international Conference on Combating Terrorism less than 2 months after the September 11 attacks. Poland continues to modernize its armed forces so they can operate with the Armed Forces of the U.S. and other NATO allies, buying American F-16s and Shadow UAVs and humvees. More importantly, Polish troops have stood side by side with America's Armed Forces. Polish ships participated in Desert Shield and Desert Storm during the first gulf war. Poland sent troops to Bosnia as part of UNPROFOR and IFOR. Poland sent troops as part of the international coalition in Afghanistan. Polish troops have been fighting alongside American troops from day 1 of the Iraq war. Seventeen Polish soldiers have been killed in Iraq, and more than 20 have been injured. They are in Iraq because they want to be reliable allies--because they are ready to stand with us even when the mission is risky and unpopular. Today, nearly 1,000 Polish troops are still on the ground in Iraq, sharing the burden and the risk and the casualties. Next year, Poland will send more than 1,000 troops to Afghanistan to lead NATO's International Security Assistance Force. So why is France among the 27 countries in the visa waiver program but Poland is not? This amendment will add Poland to the list of designated countries in the visa waiver program. That will allow Polish citizens to travel to the U.S. for tourism or business for up to 60 days without needing to stand in line to get a visa. That means it will be easier for Poles to visit family and friends or do business in America. Shouldn't we make it easier for the Pulaskis and Kosciuszkos and Marie Curies of today to visit our country? We know that our borders will be no less secure because of these Polish visitors to our country. But we know that our alliance will be more secure because of this legislation. I urge our colleagues to join us in support of this important amendment.

Ms. MIKULSKI

Ms. MIKULSKI. Mr. President, I object on behalf of the minority leader.

Ms. MIKULSKI

Ms. MIKULSKI. I ask unanimous consent the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table.

Ms. MIKULSKI. Mr. President, I offer this resolution on behalf of Senator Sarbanes and myself. Yes, the women's basketball team of the University of Maryland did win the women's basketball championship. I am here today to offer this resolution and to state I am so proud of the young women of this championship basketball team. Led by Coach B, Brenda Frese, the Terps finished the season with a record of 34 wins and 4 losses, a fine record for any basketball team. It was especially sweet because those Terps defied all expert predictions. Last night was a game for the history books. It went into overtime and, at the same time, was in overdrive. I have to say a word about our worthy opponent, the Blue Devils. They were champions, too. What we saw on the court was fierce play, brilliant strategy, and the American value of sportsmanship. But there is only one winner of each game, and although Duke played very well, our Maryland Lady Terps were, indeed, a story champion. The University of Maryland has a fine basketball tradition. The national championship team exemplifies all that is good about it. They are student athletes. They study 2 hours a day to make sure they are going to graduate and have fulfilled the American dream while they are out there playing the hoop dream. Last night proved to the country their maturity, their grace under pressure, their skill, and their indomitable spirit. The most outstanding player of the tournament, Laura Harper, held the Terps together, scoring in that first half when Duke was playing great defense. But in the second half, after Coach B's terrific motivational speech, they were out there and the colors shone through. Behind by 13 points with only 15 minutes left, they would not give up to pressure. Coach B called her team to the bench for a breather, and they returned to the court as if there were no deficit to overcome. The energy and the poise of the tri-captains--Shay Doron, scooting down that court, dashing through the defense of the Blue Devils, zinging in for her points and, at the same time, making most of her free throws; Crystal Langhorne, though boxed in, did a dramatic steal and surged ahead; and there was Charmaine Carr, backing up the team. This pushed the team over the hump. As the clock wound down, the Terps had closed the gap and finally we were into overtime. Then a freshman guard, Kristi Toliver, came down the floor. They had her boxed in, yet from a dramatic distance she made a magical three-pointer with only 6 seconds left. And as the Terps fans know, it was fear the turtle. It showed that overtime is our time. Freshman Marissa Coleman played superb basketball. We all know the outcome. When the final buzzer sounded, the University of Maryland Terrapins were crowned the national champion. I congratulate the players and the coach for the excitement of such a wonderful game and a wonderful season, and I congratulate them on their sportsmanship. Elizabeth Dole and I had a bet on the outcome. By the way, you should know that in order to be in the final four you have to have a woman Senator here. There was LSU, Senator Landrieu; Senator Dole had to have two teams, and there she was; and, of course, Senator Barb Mikulski with her Terrapins. Senator Dole and I had a friendly bet, my crab cakes against her barbecue. We shared some barbecue together and some of their sweet tea, which is as nice as our friendship. That is what sportsmanship is. Hats off to the Terps, and hats off to title IX that made it all possible. I will not yield that championship next year.

Ms. MIKULSKI. Mr. President, on behalf of Senator Sarbanes and myself, I call up a resolution which is at the desk and ask for its immediate consideration.

Ms. MIKULSKI

Ms. MIKULSKI. Mr. President, I ask unanimous consent that the pending amendment be set aside.

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

Ms. MIKULSKI. The Mikulski-Warner framework goes away when this bill is put into effect.

Ms. MIKULSKI. Mr. President, I call up amendment No. 3217 and ask for its immediate consideration.

Ms. MIKULSKI. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Ms. MIKULSKI. Mr. President, I do rise, along with my very distinguished colleague from Virginia, Senator John Warner--we are bipartisan cosponsors--to offer an amendment that is much needed by small and seasonal businesses across the Nation. Our amendment is needed. We believe that it is supported by the Judiciary Committee. But most of all, the American people will agree that this amendment is much needed. This is a bipartisan amendment. What does it do? First, it protects our borders by rewarding immigrants and employers who play by the rules, workers who come here on a seasonal basis but return to their families when they are finished with their job and go back home. These workers honor their legal commitment to come to work under legally supervised jobs and then they return home. No. 2, it does protect American workers by requiring that all employers recruit American workers before they hire these immigrants, and it makes sure that small business will be able to pay their U.S. workers 12 months out of the year. No. 3, it protects American jobs by keeping small and seasonal business open for business. It guarantees the labor supply that small businesses need during peak seasons is available, when they can't find Americans to take their jobs. So No. 1, it protects our borders by allowing only those in this country who intend to go back home. It supports legal immigration. It is consistent with supporting a legal framework; it only allows workers to come into this country if they have played by the rules. And you can only come in if you can prove you are going to work for a good-guy American employer who has tried to recruit American workers. Also it does not raise the cap on seasonal workers. My amendment would allow employers to hire the workers who have played by the rules and returned home after the work is done, it allows these workers to be hired for another 3 years and not count against the annual cap of 66,000. It does not raise the annual cap of 66,000. My amendment provides a helping hand to business by letting them apply for workers they have already trained and know will come back again year after year but return home year after year. It only applies to those who have already successfully participated in the H-2B visa program. They have received a visa and returned home to their families after their employment with a U.S. company. This is not a new H-2B. It is essentially a 3-year exemption to allow those who have come back in and returned home to come back again, most often to the same employer like employers in my State of Maryland who work in the seafood industry. The H-2B program has kept small and seasonal business doors open when they face seasonal worker shortages that many coastal and resort States have been dealing with over years. Small businesses across this country count on the H-2B program to keep their business afloat. When they cannot find local American workers to fill their seasonal needs, they then turn to the H-2B. Without being able to get the seasonal workers they need, these businesses would often go under. These businesses do try to hire American workers. Under the law, they must try to hire American workers. They would love to hire American workers. They have to demonstrate that they vigorously tried to recruit Americans. They have to advertise, give American workers a chance to apply. Their businesses have to prove to the Department of Labor that there are no Americans available for this work. Only then are they allowed to fill their vacancies with seasonal workers. The workers these businesses bring in participate in the H-2B year after year, often working at the same companies--that has been the experience of the Maryland seafood industry about which I will talk later. Yet they cannot and do not stay in the United States. They return to their home countries and to their families. Then what happens? The U.S. employer must go through the whole process again the next year to get them back. It means an employer again has to prove they can't get U.S. workers and that they are willing to pay the prevailing wage for that industry. Yet, this is not just a Maryland issue. It is not even a coastal issue, though we coastal Senators are hit pretty big time. But it is an issue that affects everyone--ski resorts out West and in the Northeast, quarries in Colorado, shrimpers in Texas and Louisiana, landscapers whose businesses are the busiest in spring and summer. Why is it important to Maryland? Being able to hire seasonal workers for our crab industry has been a way of life down on the eastern shore for more than 100 years. We have a lot of summer seasonal businesses in Maryland, on the eastern shore, in Ocean City and working on the Chesapeake Bay. Many of our businesses use the program year after year. First they hire all of the American workers they can, but they need additional help to meet seasonal demands. Without this help, they would be forced to limit services, lay off permanent U.S. workers or even worse close their doors. Let me give a couple of examples. One is a business called J. M. Clayton. What they do is a way of life. It was started over 100 years ago. It is now run by the great-grandson of the founder J. M. Clayton. They work the waters of the Chesapeake Bay. They supply crabs, crabmeat, and other seafood to restaurants and markets and wholesalers all over this country. It is the oldest working crab processing plant in the world. By employing 65 H-2B workers, they can retain 30 full- time American workers all year long. It is not just the seafood companies that have a long history. It is also the S.E.W. Friel cannery which began its business over 100 years ago. It is the last corn cannery left out of 300 on the shore. Ten years ago they couldn't find local workers. They turned to the H-2B. Since then, many workers come each season and then go home year after year. They have helped this country maintain its American workforce and paved the way for local workers to return to the cannery. There are now 190 seasonal workers, but there are 75 people working in the cannery full time, and an additional 70 farmers and additional suppliers. This summer I went over to the shore, after we had a successful victory last year giving this legislation a temporary exemption, to meet with the Latino women. When I met with these women, I asked them: Why do you come and what does this program mean to you? They told me that by coming year after year--they know it is hard work--they can provide for their families. They know that when they come in April, they will be here until late September when our crab pots are put away and we pack up for another year. During the summer, they can earn money. They earn more money in one summer here than they can earn in 5 years in Mexico. And the money they take back year after year has enabled them to build a home, often dig wells in their own native village, even pool some of their money to build a community center. They come often as a family and often as a village to say: Are we going to the shore? We know Clayton. We know Phillips. They know where they are going to live. There are buses that take them to church every Sunday. They know where they are going to shop. They have access to translators. And in some places, they are actually being trained by the seafood industry to learn English so they can move up to some other positions. Then they take this money, anywhere from 15, 20, $30,000--mostly 20-- and they go back to primarily Mexico. They go back where their husbands and children have been waiting. It is what often keeps the family going. What they earn will pay to build that school, build those homes, clean up that village and is putting the men to work so the men have jobs, the men have dignity. They are not crossing the border illegally. They are building a life in their village. They want to be Mexican citizens, but they know they are here to help. First it is one sister and then the following sister who come to the Eastern Shore for a few months a year to make money so they can take care of their families and communities back home. This is why this program works. The people who come are part of a family, part of a community in Mexico. They want to build a life in Mexico, but they can do it by helping us here. Some might ask: Why do we need this extension? The chairman has included a temporary guest worker program in his bill. We need to make sure we do not forget the needs of small and seasonal businesses in this immigrant debate. I welcome the guest worker program that is before the Senate. Once the program is up and running, it will help the H-2B program. But right now we need to make sure there is no interruption so that companies can meet their hiring needs when American workers don't apply for these jobs, when the cap has already been reached. The first half of the cap of 33,000 was reached less than 3 months after employers could begin applying. What we want to do, again, is protect our borders, look out for American jobs. And for those who want to come to this country and return home, follow the rules and follow the law, this amendment will provide the opportunity to do so. My amendment does all of this. Each Member of the Senate who has heard from their constituents will know what I am talking about. This will extend the H-2B waiver for 3 years. It is a sound amendment. This is why it is strongly bipartisan. I urge at the appropriate time that the Senate adopt it. I yield the floor.

Ms. MIKULSKI. First of all, the answer is that this amendment will be the bridge until the Judiciary Committee legislation is actually up and running. The H-2B employers will use the H-2C visas you all created once the program is up and running. But it will not be up and running for October of this year, if, in fact, we get a bill. We don't know if we will get a bill. If we do get a bill--you know how sluggish that bureaucracy is in writing rules and regulations--this is a safety net.

Ms. MIKULSKI. Mr. President, I wish to add as cosponsors Senators Warner, Gregg, Allen, Sarbanes, Sununu, Thomas, Stevens, Reed of Rhode Island, Levin, Snowe, Jeffords, Thune, Collins, Kennedy, and Leahy. Mr. President, I don't know if there will be any more who wish to speak on the minority side. Every now and then, we conform in a bipartisan amendment. I think the amendment speaks of its merits. It meets a need for our jobs in this country. It solves a problem in a practical way. It doesn't exacerbate any of the dark side of immigration. I hope at the appropriate time my colleagues will adopt this amendment. I congratulate the chairman of the Judiciary Committee, Senator Specter, and the committee for the excellent bill they brought out. This in no way dilutes, diverts, or detours any aspect of their bill. Three cheers to the Senate for having an immigration bill that is in no way as punitive and tart and prickly as the House bill. I think the Senate will proceed in a rational way. We need to protect our borders, protect American jobs. I believe there are sensible solutions for doing it. I yield the floor.

Ms. MIKULSKI. I wish 3 minutes.

Ms. MIKULSKI. Mr. President, is the Senator from Tennessee going to speak on this issue?

Ms. MIKULSKI. I note that Senator Alexander is here.

Ms. MIKULSKI. Mr. President, I wish to take a minute or two.

Ms. MIKULSKI. Mr. President, I yield to Senator Sarbanes, an original cosponsor of the bill.

Ms. MIKULSKI. The Senator is right. We have to fight for our market share because the competition is abroad and, quite frankly, they don't meet the quality standard. This program is not only for the crabs, but just think, for the people who are actually picking the crabs, they are putting people to work--the canning company, marketing, sales, the trucking industry, watermen, the people who run the marinas. This covers so many jobs on the Eastern Shore. This handful of seasonal workers helps leverage hundreds and hundreds of jobs on our shore. We could talk to Senator Stevens of Alaska. They have a business that harvests salmon roe, and their principal market is to the Japanese. The Japanese have to come in to inspect that roe to see if it can be exported. Nineteen Japanese come in every year under this program and then return home, primarily as inspectors. Because those 19 come, Alaska has a booming industry in exporting salmon roe. That is how this program works. Just a handful of guest workers leverages all this. Mr. President, I support Amendment No. 3217, the Save Our Small and Seasonal Businesses Act of 2006, which would ensure that certain employers would continue to legally obtain the seasonal workers they desperately need. I am pleased to work with Senator Mikulski as a cosponsor on the amendment, and I am joined by Senator Allen. Late in 2005, the Senate voted overwhelmingly, 94 to 6, to include our Save Our Small and Seasonal Businesses Act of 2005 as an amendment to the defense supplemental bill. This legislation, which was eventually signed into law by President Bush, helped to temporarily solve a serious problem facing small businesses, especially seafood operations in Virginia, as well as others across the Nation. For each of the 2 years prior to our measure being signed into law, the statutory cap on H-2B visas was reached soon after the fiscal years began. In 2004, the cap was reached on March 20, and in 2005 the cap was reached on January 3. As a result, many businesses, mostly summer employers, were unable to obtain the temporary workers they needed because the cap was filled prior to the day they could even apply for the visas. Consequently, these businesses sustained significant economic losses. The fix that Congress provided in 2005 exempted from the 66,000 statutory cap workers who had worked under the H-2B visa program in prior years and who had adhered to the rules by returning to their home country when their visas expired. However, this legislation was only for 2 years. As a result, on October 1, 2006, when the law expires, these employers and workers will face the same problem unless we adopt the amendment before us today. In order to avoid this problem, our amendment simply extends the successful H-2B visa exemption to ensure the program will not revert to its troubled, original form while work continues on a permanent solution. This will allow our small and seasonal companies an opportunity to remain open for business until a new permanent fix within comprehensive immigration reform can be passed into law and fully implemented. Without these modifications, these employers will struggle to find the necessary employees to keep their businesses running. Before I close, I want to be clear about the purpose of this amendment. There has been much said about Senator Specter's amendment and what it will or will not do. Regardless, his amendment will create a new H-2C temporary worker visa. In the long run, this new work visa will help ease the pressure on the H-2B visa program that exists today. However, it is now April, and the current H-2B exemption expires in October, only a few months from now. Even if Congress were to pass an immigration bill and have it signed into law before then, it will take many, many months if not years before any new visa programs can be ready to accept applications. This is an uncertainty that small businesses cannot afford. Many employers across America, such as seafood processors, landscapers, resorts, pool companies, carnivals, and timber companies, rely upon the H-2B program. The seafood industry in Virginia, in particular, is dependent on this program to keep their business running. This industry has been built on decades of earned respect for their incomparable products. They represent traditions that have been in place for hundreds of years. These traditions have proven more successful than attempts to modernize or automate the process. Without access to the H-2B visa program, this traditional respect across the world will be lost, never to be regained. The current system in place since 2005 has allowed these small and seasonal businesses opportunity to hire a legal workforce to supplement and maintain the full-time domestic workers they already employ. If we want these employers to stay in business, the current H-2B exemption must be extended until a permanent solution or a new visa program can be implemented. I strongly support this amendment, and I hope my colleagues in the Senate will join 5 with me to help these small and seasonal businesses by passing this legislation as quickly as possible.