David Vitter

Mr. VITTER

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

Mr. VITTER

Mr. VITTER. Madam President, I rise today to solemnly observe the 5- year anniversary of the Deepwater Horizon oilspill, also known as the BP disaster. It was a major and deeply tragic incident that resulted in the loss of 11 lives in the Gulf of Mexico and beyond that really devastated the gulf region. I wish to start where we should always start--by remembering in a solemn and prayerful way the 11 men who lost their lives in the incident. They were Donald ``Duck'' Clark, 49, of Newellton, LA; Stephen Ray Curtis, 40, of Georgetown, LA; Gordon Jones, 28, of Baton Rouge, LA; Roy Wyatt Kemp, 27, of Jonesville, LA; Keith Blair Manuel, 56, of Gonzalez, LA; Jason Anderson, 35, of Midfield, TX; Adam Weise, 24, of Yorktown, TX; Aaron Dale Durkeen, 37, of Philadelphia, MS; Karl Kleppinger, Jr., 38, of Natchez, MS; Dewey Revette, 48, of State Line, MS; and Shane Roshto, 22, of Liberty, MS. We lift up those men and their families in our prayers, and we will continue to keep those men whose lives were lost and continue to keep their families in our fervent thoughts and prayers. While 5 years have passed, the effects of the Deepwater Horizon tragedy are still felt today in communities all along the gulf coast. The terrible and unnecessary loss of life, the harming of our precious coastal ecosystems, and the persisting economic burdens serve as a constant reminder of the failures that led to the spill, as well as the lessons learned in the 5 years since. Poor industry and government oversight and the failure by many involved to enforce safety regulations were largely responsible for multiple mistakes leading up to the tragedy. As a result, we have learned many lessons on how to prevent future accidents such as this. The first is that the lives and safety of the men and women who work in this field are absolutely paramount and need to be kept so, and the Federal and State safety standards overseeing them should reflect that as a priority. Changes are needed, and the Federal agencies that oversee and regulate the offshore energy industry must communicate clearly with State and local governments and impacted industries. They must also do a better job of enforcing strong, necessary safety and environmental standards. It is also important that we prevent the administration or any future administration from having knee-jerk reactions to incidents such as this. Each gulf coast community remembers the devastating effects of the offshore drilling moratorium that followed the disaster--something that was completely unnecessary, including in the opinion of so many experts. Once the Obama administration imposed this unnecessary drilling moratorium, that decision had crippling results for Louisiana and Gulf State economies. When accidents such as this spill happen, there needs to be a calculated, logical, and immediate response in order to replace ineffective regulations with rules that focus on preserving lives and protecting the environment. It is imperative that we prevent shortsighted Federal mandates and thoughtless regulations that hinder regional recovery and destroy local economies instead. We also learned that there needs to be a clear and specific judicial penalty process in place in order to ensure that claims can be efficiently filed and finalized in order to let those who are affected by such disasters return to some sense of normalcy, day-to-day normalcy, and economic normalcy as quickly as possible. This should include insuring responsible parties such as BP are timely in paying their judicially and statutorily mandated fines and penalties. There is absolutely no excuse that 5 years later gulf residents, in many cases, are still waiting for the responsible parties to fulfill their legal obligations, including under the RESTORE Act. As we remember the Deepwater Horizon tragedy today, let us renew our commitment to work on all of these matters and to finish the work that is left to do as our gulf coastlines and economies continue to recover. Thank you, Madam President.

Mr. VITTER

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

Mr. VITTER

Mr. VITTER. Madam President, I ask for the yeas and nays on the Deyo nomination.

Mr. VITTER

Mr. VITTER. Mr. President, due to their unique perspective, American entrepreneurs are often at the forefront of innovative solutions to local problems. This is especially true with environmental initiatives, and down in Louisiana where the ecosystems are diverse and delicate, the locals are best equipped to protect them. That is why ORA Estuaries of New Orleans, LA is the Small Business of the Week. Civil engineer and New Orleans native Tyler Ortego was a student at Louisiana State University when he and a friend discovered a way to fight coastal erosion using oysters. In 2005, Ortego patented the OysterBreak system, which essentially allows oysters to fuse together on a man-made rock-like material in order to create a living coastal reef. Now holding two patents, Ortego and ORA Estuaries are focused on rebuilding and revitalizing coastal regions. ORA Estuaries recently claimed the top prize of the New Orleans Entrepreneurial Week's ``Big Idea Pitch,'' and with the prize money hopes to move into food production and new versions of the OysterBreak system. Our coast and wetlands provide some of Louisiana's most important resources and beautiful habitats, and because our geography makes us vulnerable to natural disasters, it is absolutely vital that we protect them. Innovative technologies like ORA's OysterBreak system play a significant role in restoring our coasts and wetlands, which protect Louisianians and gulf coast residents from storms and flooding. Currently, ORA's natural reefs systems are deployed in four different areas along the Louisiana coast, including an oyster habitat restoration project run by the Nature Conservatory of Louisiana. ORA is looking toward expanding to all five of the Gulf States, as well as the Chesapeake Bay area and even North Carolina. Not only is ORA's breakthrough system protecting vulnerable shorelines, but the growth and retention of oyster colonies that naturally process and filter water interests scientists and environmentalists, as well. Congratulations to ORA Estuaries for being selected as Small Business of the Week. Thank you for your commitment to restoring and protecting our precious ecosystems and coastlines in Louisiana and the Gulf Coast.

Mr. VITTER

Mr. VITTER. Mr. President, among the best ways to introduce the arts into our local communities is through small businesses. Small businesses have the opportunity to harness the talent of their communities, fostering a culture of creativity and innovation. Such is the case with this week's Small Business of the Week: Jill Listi Dance Studio of Lafayette, LA. When Jill Listi began teaching dance classes at the age of 15, she could not imagine where her love of dance would lead her. Opening her own studio at the age of 21, Listi has gained a reputation for training world-class, award-winning dancers of all ages and styles. A 25-year certified member of the Dance Masters of America organization, Listi continually innovates with the art of dance at her Lafayette studio. Many of Listi's dance groups, dance lines, and dance productions have won platinum medals and overall high point awards at their respective contests. With over 30 years of teaching experience, Jill Listi Dance Studio boasts a diverse and well-trained staff. Well known in the world of dance and continually expanding their knowledge of technique and style, Listi's team continues to produce and inspire top-quality dancers. Many of Listi's dancers have gone on to dance professionally in the United States as well as in Europe. Listi's dance studio is committed to providing opportunities in the arts to children and adults throughout Acadiana. The studio values the opportunity to introduce students to dance while instilling a firm foundation that promotes a respect and understanding for the art of dance. From professional dancer to first time student, Listi provides equal attention and instruction to all studio students. The Listi team believes that hard work produces achievement--a lesson that instills disciple in each studio student that translates into all aspects of life. Congratulations again to Jill Listi Dance for being selected as Small Business of the Week. Thank you for being a champion for the arts in Louisiana.

Mr. VITTER

Mr. VITTER. Mr. President, I ask for the yeas and nays.

Mr. VITTER. Mr. President, this amendment, No. 515, the Vitter amendment, is very simple and straightforward but important. It says that the U.S. Department of Education should not be able to bribe or coerce States into any particular set of standards or curriculum or testing, whether it is common core or anything else. That decision should be up to the States. That decision should be up to local education communities, not the Federal Government. The Federal Government, through our Department of Education, should not bribe or coerce States in any direction. That is what the amendment is all about. I reserve the remainder of my time.

Mr. VITTER. Mr. President, I ask for the yeas and nays.

Mr. VITTER

Mr. VITTER. Mr. President, during the ObamaCare debate on the Senate floor, the Senate passed an amendment to the Obama bill saying that all Members of Congress need to go to our exchange for health care, just as other Americans have gone to the exchange--no special deal, no special exemptions, and no special subsidy. After that was passed into law, a lot of folks didn't like it, and a special rule was applied by the Obama administration to change some of that situation. This amendment would say: No, we are going to live by that statute. We are going to go to the exchange for our health care-- no special subsidy, no special deal--and it would also apply to the President, the Vice President, and their political appointees. This amendment would not change anything at all with regard to congressional staff. I urge support for my amendment.

Mr. VITTER. I ask for the yeas and nays.

Mr. VITTER

Mr. VITTER. Mr. President, entrepreneurs and small business owners have a unique skill of seeing what their community is missing and fulfilling that need. As such, these ideas are often conceived through personal experiences and the backyard projects we take on for our children, family, and friends. This week's Small Business of the Week, Marucci Sports of Baton Rouge, LA, was similarly inspired. Back in 2002, Jack Marucci and his son Gino began studying the wooden bats of their favorite baseball players so that Gino could pick one to play with in his Little League games. When Jack couldn't find the perfect bat for his son, he decided to craft one in his garage down in southeast Louisiana. Gino's homemade bat quickly became popular around the neighborhood, and Jack picked up orders to produce personalized ones for his son's friends. Shortly thereafter, a Major League first baseman put in an order, as well. As the former Louisiana State University athletic training director, Jack knew a thing or two about proper sports equipment, and Marucci Sports has since grown to be one of Louisiana's top cutting-edge companies for quality baseball and softball products. Today, Marucci Sports continues to provide wood bats to youths learning the game for the first time, as well as to over one- third of the Major League Baseball's players. Due to Jack's legacy of meticulous attention to detail and quality, Marucci Sports is on the forefront of innovating athletic equipment. Most recently, the company announced the creation of a new smart fabric with the capability to help diagnose head injuries for athletes. In recent years, the long-lasting effects of head injuries, including concussions, have come into the limelight as a serious issue for athletes. In response to those concerns, Marucci Sports developed new BodiTrak's Head Health Network helmets, which are lined with a pressure-mapping fabric designed to track each contact the helmet receives as it happens. If there is particularly strong contact to the head, the helmet will notify the coach or trainer who can then make sure the player is alright. This technology has the potential to prevent generations of folks from developing damaging head injuries and protect future generations of athletes. It is innovative ideas such as these from Marucci Sports and other small businesses that make our country great. Congratulations again to Marucci Sports for being selected as Small Business of the Week. Thank you for your commitment to safety, creating quality products, and one of Louisiana's favorite past times.

Mr. VITTER

Mr. VITTER. Mr. President, I ask unanimous consent to set aside the pending amendment and call up my amendment No. 515.

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

Mr. VITTER. Mr. President, this amendment No. 515 is in response to a clear and a growing and a dangerous trend, specifically for the Department of Education to inappropriately intervene and use carrots and sticks, and weapons sometimes, to intervene in State education policy to promote certain agendas over the rights of the States. This began in earnest in 2010 when the U.S. Department of Education began offering funding through Race to the Top grants to States participating in a State consortium working toward a ``common set of K- 12 standards.'' Over time, it became increasingly clear that this was all about mandating common core and forcing it on States. In 2011, the Department of Education took the next step. It offered waivers to No Child Left Behind in exchange for the adoption of ``college- and career-ready standards in reading/language arts and mathematics and aligned assessments.'' Again, this is clearly all about common core. Now, during a time when States are facing increasing budget shortfalls and an inability to meet the progress requirements outlined in No Child Left Behind, funding and waivers were a very enticing option. They were a set of carrots and sticks that had an impact. This heavyhanded coercion of States to adopt specific standards and assessments is unprecedented and it is something we should all be against. It goes against the tradition of State and local control of public education. My amendment specifically would create a spending-neutral reserve fund to rightly prohibit the Federal Government from taking similar actions to mandate, incent, or coerce States to adopt the common core State standards or any specific set of standards, instructional content, curriculum, assessments, or programs of instruction. My amendment would also allow States who have already adopted certain standards to opt out without fear of the Federal Government pulling back those incentives or grants or waivers. I firmly believe these decisions should be in State and local hands. This is really crossing the line into the Federal Government using coercive tactics in that regard. So I urge all of my colleagues to support this amendment. Amendment No. 811 Mr. President, I ask unanimous consent to set aside the pending amendment and call up my amendment No. 811.

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

Mr. VITTER. Mr. President, this separate amendment is about a different but equally important topic. It restores our pledge to America that Congress as well as the President and the Vice President and their political appointees live under the same rules Washington passes on America, specifically with regard to ObamaCare. This amendment is my ``no exemptions for Washington from ObamaCare'' amendment. It says that Members of Congress, the President, the Vice President, their political appointees go to the exchange for their health care just like every other American does who is going to the exchange. No special rules, no special exemptions, no special subsidies. We live by the law going to the exchange just like all Americans. This amendment specifically does not apply to congressional staff. It is about Members of Congress, the President, the Vice President, their political appointees. I think it should be the first rule of American democracy that what Washington passes on America, it lives with itself. Same way, same rules, no special exemptions, no special subsidies, no special rules. We specifically passed that with regard to ObamaCare and the exchanges when we passed a Senate floor amendment in this regard. Unfortunately, after the passage of ObamaCare, and when Washington folks understood what that language meant, there was a furious attempt to get out from under that language. That ended up resulting in a special Executive order and OPM rule promulgated by President Obama that completely frustrates the clear language and intent of that Senate floor amendment. This budget amendment would say: No, we are going to live by what we said, and we are going to apply to ourselves ObamaCare and getting our health insurance on the exchanges, just as we would have that operate with regard to all other Americans. I urge support for this amendment as well.

Mr. VITTER

Mr. VITTER. I come to the floor today with a heavy heart to remember and commemorate the 11 soldiers, including 4 members of the Louisiana National Guard, who we lost this month as a result of a helicopter training accident on the Santa Rosa Sound. These were brave men, having regularly risked their own lives while flying in combat and in responding to the numerous hurricanes Louisiana has been devastated by during the many years of service they gave. I agree with Major General Curtis, the Adjutant General of the Louisiana National Guard, in describing them as the best of us. They were selfless men willing to sacrifice their own safety and lives if it meant ensuring our security or saving the life of another. Nothing can ever fill the void left by their absence, an absence that makes it our duty to keep their memories alive, so that others may know of their bravery and sacrifice. Recognizing the valor that each of these men served with, today I submit for the record specifics regarding Louisiana's soldiers. Chief Warrant Officer George Griffin joined the Louisiana National Guard in 1994 before deploying to Iraq in support of Operation Iraqi Freedom in 2004 and again in 2008. He is remembered as one of the most talented and respected warrant officers in the Louisiana National Guard, who routinely sought to teach his fellow aviators to be the best they could be. He also served during State deployments in response to Hurricanes Katrina, Rita and Isaac; in support of Operation River Guardian in 2011, which sought to extend the levee protecting Klotz Springs; and in the response to the Deepwater Horizon spill. He is survived by his wife Becky, his four children, Marianne, Cody, Dylan, and Logan, and his father George. Chief Warrant Officer George Strother joined the Louisiana National Guard in 1988, serving until 2007 before rejoining the Guard in 2009. In addition to his service in response to Hurricanes Katrina, Rita and Isaac, he deployed to Iraq in support of Operation Iraqi Freedom in 2004, to Afghanistan in support of Operation Enduring Freedom in 2011, and Kosovo in 2014 as a member of the NATO peacekeeping force. He was a devoted husband, father, and servicemember. An experienced combat aviator and instructor, he is remembered as a caring man with an outsized personality that touched the lives of everyone he met. He is survived by his wife Melissa; his children Chelsie and George II, and his mother Sara. Staff Sergeant Lance Bergeron enlisted in the U.S. Marine Corps in 1994, serving on Active Duty until 1998 and as a reservist until 2001, when he joined the Louisiana National Guard. He was a seasoned combat veteran, having deployed to Iraq in support of Operation Iraqi Freedom in 2004 and again in 2008. He also deployed in response to Hurricanes Katrina, Rita, and Isaac, and as a part of Operation River Guardian in 2011. He is remembered as an experienced crew chief that the members of his unit looked up to and aspired to be. According to men in his unit, he served with an unparalleled excitement and dedication to his duty as a National Guard member, husband, and father. He is survived by his wife Monique, his two children Callie and Landon, and his parents Mark and Stella. Staff Sergeant Thomas Florich enlisted in the Louisiana National Guard in 2007, and served as a Black Hawk repairman. He served in numerous State deployments, including Operation Deepwater Horizon and in response to Hurricane Isaac. He is remembered as a cheerful man dedicated to the National Guard and always willing to step up if it meant the unit would be able to better complete its mission. Staff Sergeant Florich is not only survived by his parents Stephen and Kimberley, but also his wife Meghan, who is pregnant with their first child.

Mr. VITTER

Mr. VITTER. Mr. President, small businesses often set the bar for quality and service across the United States. When quality and customer service are at the forefront of a business's mission, viable, sustainable jobs are created for countless members of our communities. Such is the case with the Small Business of the Week, Helm Paint & Decorating of Hammond, LA. Ronald ``Bunky'' Helm opened shop in 1970 on Earhart Boulevard in New Orleans. Despite having to move from their original location after Hurricane Katrina in 2005, the Helm family has continued to bring excellent service and paint colors to south Louisiana. Today, Helm Paint is more than just a paint store--offering a wide variety of specialized paint, decoration, and accessory consultation. Helm's self- proclaimed goal is for their customers to have a customized and quality experience. Last week, I had the distinct honor of officiating the grand opening ribbon cutting of Helm in Hammond, LA. The Hammond store is one of six locations serving south Louisiana communities. Each store participates in its surrounding community, holding events throughout the year in support of local charities and other organizations. Helm Paint & Decorating is also a testament to how vital small businesses are for creating jobs for Louisianians. Much of the company's staff are second, third or even fourth generation employees who serve second, third, and fourth generation customers. Because Helm employees are experts in the products they sell, the majority of customers only have to complete a project once. As the locals like to say, Helm Paint & Decorating is not just a business, it is an experience. Congratulations again to Helm Paint & Decorating for being selected as Small Business of the Week. Thank you for your commitment to customer service and creating quality jobs in communities across the State.

Mr. VITTER

Mr. VITTER. Thank you, Madam President. All this week I have come to the floor to talk about this issue of birthright citizenship and to offer my amendment that would end that policy. I come to the floor again on that issue. I have an amendment pending on this bill to change that policy, to end birthright citizenship. I would like to read a statement on the subject: The American people are upset, and I think they have a right to be upset, but they are upset for a reason. Our immigration policies, regulating all aspects of entry to the United States, have simply ceased to function in the national interest. ``Immigration policy'' and ``national interest'' are terms that are rarely heard in the context of immigration. We seem to have lost sight of the fact that it is a public policy and, like all public policies, our immigration policy should serve the public interest. But they do not. Let us talk about legal immigration. We now admit the equivalent of a major city every year, without having the vaguest idea of how we will educate all the new children, care for the sick, provide housing, jobs, build infrastructure, or attend to any of the human needs of the newcomers or those already here. Mr. President, each year, we admit--I repeat--the equivalent of a major city. We admit more people each year than make up some of our States. We admit a new State with legal immigrants every year. At a time of huge budget deficits and severe financial constraints, we have no idea of how these huge costs will be borne. We just do it. We admit the equivalent of a major city without any assessment of whether these newcomers are likely to be contributing members of our society. Only a tiny fraction of those admitted each year enter because they have skills and abilities that will benefit our country. The rest come merely because they happen to be relatives of other recent immigrants. The result of this so-called policy is that there is now a backlog of almost 3\1/2\ million people--the population of a city the size of Los Angeles--who have a claim to immigrate to the United States for no other reason than they are somebody's relative. Is this really a way to run immigration policy? If making it easy to be an illegal alien is not enough, how about offering a reward for being an illegal immigrant? No sane country would do that, right? Guess again. If you break our laws by entering this country without permission and give birth to a child, we reward that child with U.S. citizenship and guarantee full access to all public and social services this society provides. And that is a lot of services. Is it any wonder that two-thirds of the babies born at taxpayer expense in county-run hospitals in Los Angeles are born to illegal alien mothers? This is not my statement. This is Senator Harry Reid's statement on the floor of the Senate, including his strong support for an end to birthright citizenship, that he gave on September 20, 1993, to which I refer my colleagues' attention. In closing, I thank Senator Reid for his prior words in strong support of what he yesterday called, quote, Vitter's stupid amendment. I yield the floor.

Mr. VITTER

Mr. VITTER. Mr. President, American small businesses across the country possess the ability to recognize and fill unique service gaps in their local towns and cities. This is especially important when these small businesses work with the children in our communities. Such is the case with this week's Small Business of the Week, The Learning Train, located in Lafayette, LA. Keri and Matt Hebert opened The Learning Train as a way to promote the physical, emotional, educational, and social development of children aged 6 months to 4 years old through a variety of weekly classes and camps. A mother of two, Mrs. Hebert designed The Learning Train to offer small group classes that promote learning and bonding between parents and their children. A typical 45-minute session at the center provides children and their parents with a safe, fun space to hone age-appropriate developmental skills through enjoyable playtime with peers. The center's structured learning activities aid in developing crucial skills, including symbolic thinking, active listening, problem solving, and knowledge retention. In addition to the sharpening of technical skills, children are afforded quality time strengthening and developing healthy social bonds, as well. Having spent thirteen years as an educator, Mrs. Hebert noticed a growing need for a safe, fun environment for young children to be nurtured. She maintains that a child's time spent playing with their guardian reinforces social development and builds trust between the two. The Learning Center's diverse classes provide ample space, opportunity, and variety to reinforce bonds between a child's parents as well as with their peers. Since its establishment in 2013, the Learning Train also regularly partners with local organizations to give back to their community, including participating in food drives. I am honored to recognize a business that provides the high quality care and attention that our future generations deserve. Congratulations again to The Learning Train for being selected as Small Business of the Week, and I thank them for the important work they do for the families and children in the Lafayette region.

Mr. VITTER

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

Mr. VITTER. Mr. President, I send a second-degree amendment to the desk, Vitter amendment No. 284, to Portman amendment No. 271, and ask for its immediate consideration.

Mr. VITTER. I ask unanimous consent that the reading of the amendment be dispensed with.

Mr. VITTER. Mr. President, this is the same amendment I presented-- tried to present--and discussed on the floor of the Senate yesterday. It addresses a very serious problem with our broken immigration system as well as a problem that leads to serious abuse and trafficking, which is why it is certainly relevant and pertinent in this ongoing discussion of the bill on the floor. First of all, let me again compliment Senator Cornyn and everyone who has joined him on a bipartisan basis in support of his antihuman trafficking amendment. I think that underlying bill is very positive and very significant. I certainly fully support it, apart from how my amendment fares. Obviously I hope my now second-degree amendment to the Portman amendment is adopted, but I certainly support this underlying effort, which is very important. As I said, my amendment pertains to birthright citizenship and the fact that that now acts as an enormous magnet to increase and encourage illegal crossings into our country. It also has spawned an entire subculture and industry, quite frankly, that has given rise to significant abuse--often very dangerous and horrific conditions for the women and families who are caught in it. Yesterday, as part of my floor statement, I submitted for the Record several news reports that underscored these cases of abuse. This came to light in part because of the raid by Federal agencies just within the last few weeks of these so-called birth tourism businesses, and those Federal raids uncovered some truly grizzly situations in California and elsewhere that underscore my point. This ad, which is an ad on behalf of one of these birth tourism companies in China, also underscores my point. The Presiding Officer and I couldn't come up with a cartoon such as this and call it fiction if we were challenged to, but this is real. This is an actual cartoon ad enticing birth mothers in China to go to the United States, to come back with their baby having been born in the United States, and the baby wrapped in the American flag means automatic U.S. citizen. That of course triggers all sorts of significant benefits and opportunities for the immediate family of that baby to in the future come to the United States and become citizens. This birthright citizenship has clearly mushroomed into a significant problem and a significant form of abuse of our immigration system. According to the Center for Immigration Studies, every year about 300,000 to 400,000 children are born to illegal aliens in the United States, and under this practice--and I underscore ``practice''--of birthright citizenship--and I will come back to that word because it is not mandated by the Constitution--they automatically are recognized as U.S. citizens simply and purely because of the physical location of their physical birth. I said ``practice'' for a reason. It is not mandated by the Constitution as opposed to what we hear on a regular basis. It isn't even mandated by statutory law. It is the practice of several administrations, including this one. It is a very uncommon practice if we look worldwide. Only Canada, among advanced or industrialized countries, follows this practice along with the United States. No other advanced or industrialized country--for instance, no European country-- follows this practice of counting folks, giving them citizenship based purely on the fact, on the accident of the location of their physical birth. My amendment would change this. It would simply say a person can only be a citizen if they were born in this country and at least one parent is a U.S. citizen or a legal, valid green card holder or a serving member of the U.S. military. That is a commonsense rule that I think the vast--in fact, I know from public polling and other means--the vast majority of Americans of all stripes, of all walks of life, and of both parties support. Again, let me be clear. My amendment would say a child born in this country is a U.S. citizen if they are born in this country and at least one of the parents is a U.S. citizen or a valid green card holder or a member of the U.S. military. If there is any policy reason why that rule is unreasonable, I would love to hear it. I have been promoting this debate, I have been pushing this change of policy for several years now, and I have never heard a real debate on the policy, on the merits. There are lots of excuses that people don't want to bring this up, don't want to have a vote, but I have never heard a real debate and objection on the merits. That being said, let me move to one of the excuses, and the most popular excuse given is that somehow this is embedded in the Constitution--specifically, the 14th Amendment--and we can't change this absent a constitutional amendment. I am absolutely convinced that is not true, and I will explain why. The first reason I think we can glean that it is not true is the language of the 14th Amendment. That is a good place to start, right? We are talking about the 14th Amendment. We are talking about a specific constitutional provision, so let's start by going there and see what it says. Does it say everyone physically born in this country is a U.S. citizen, period? No, it does not. So what does it say? It extends citizenship to ``all persons born or naturalized in the United States and subject to the jurisdiction thereof.'' The key phrase is ``and subject to the jurisdiction thereof.'' As the Presiding Officer knows, our Founding Fathers, including our later Founding Fathers who came up with the language of the 14th Amendment, chose their words carefully, and it is a fundamental rule of either constitutional or statutory construction that any word there, any phrase there must be there for a reason. It is not there just to add extra words without adding meaning. So that phrase absolutely has to mean something. It has to be there for a reason. When we look at the history of the 14th Amendment, the debate, the discussion in Congress, it is very clear it was there for a reason. It was there to exclude persons born in the United States who had allegiance, who had some calling to another country. Specifically, the folks participating in that debate talking about this language said, We are not including American Indians; they have an allegiance to the tribe. We are not including aliens. Aliens--that word was broadly used. We are not including aliens. That certainly includes in today's language illegal aliens who have an allegiance to another country. They are citizens of another country. We are not including the children of diplomats who happen to be born here during their diplomat parents' stay. They clearly are citizens of another country. They have an allegiance to another country. This line of thought was further elucidated by court decisions. In fact, there is a specific court decision with regard to American Indians. The Court directly said in that case, no, the 14th Amendment does not make American Indian children automatically U.S. citizens-- based on the specific language I am citing. Because of that, it wasn't until the Indian Citizenship Act of 1924 was passed, explicitly making those children American citizens, that they became American citizens. Much more recently, respected jurists such as Judge Richard Posner of the Seventh Circuit wrote in a 2003 case: Congress would not be flouting the Constitution if it amended the Immigration and Nationality Act to put an end to the nonsense. Talking specifically about birthright citizenship. So I hope we get through these excuses, these flawed constitutional arguments, these flawed arguments. Really, they are excuses to avoid the debate, to avoid the issue, to avoid giving any reason why we should not go to the rule I am proposing. Why we should, in fact, recognize any child physically born in this country as automatically a U.S. citizen, even if neither parent is a citizen, neither parent is here in the country legally, neither parent is a green card holder, neither parent is a serving member of the U.S. Armed Services. As I explained at the beginning, this is a very real, in fact, exploding phenomenon. There is a whole industry, an underworld, that is selling so-called birth tourism. This ridiculous but true cartoon is an example. This acts as a magnet--a potent, powerful magnet growing in power by the year to lure more and more folks to come across the border in specific cases to have their babies here, 300,000 to 400,000 per year. In the last few weeks, as I mentioned earlier, there was a raid by the relevant Federal agencies on some of these underworld and trafficking operations related to birth tourism. It hit the news. It made significant news, as it should have. It was a significant law enforcement action. I applaud that action. It is a dangerous element. It is an underworld, usually criminal elements in the midst of that, oftentimes abusing the women and children who have been placed into their hands. Clearly, the most effective way to put an immediate end to all of this is not simply conducting a law enforcement raid once every 5 years or once every 3 years or even once a week. Clearly, the most effective way to end this is to end the practice of birthright citizenship. That is what my amendment--now a second-degree amendment pending to the Portman amendment--would do. I urge all of my colleagues to put an end to this nonsense, as Judge Posner said in his dicta, to set our policy straight, to adopt the commonsense position of the vast majority of the American people, to adopt the same policy of every advanced industrialized country now save us and Canada, and to adopt this language on the present bill. I yield the floor.