[Congressional Record (Bound Edition), Volume 154 (2008), Part 12]
[Senate]
[Pages 16197-16199]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   ADVANCING AMERICA'S PRIORITIES ACT

  Mr. LEAHY. Mr. Presdient, earlier this week, I joined the majority 
leader in the introduction of S. 3297, the Advancing America's 
Priorities Act. The majority leader selected 35 legislative items from 
the jurisdiction of seven Senate committees, including eight bills from 
that of the Senate Judiciary Committee, for this effort. These are all 
measures with bipartisan support and, we believe, the support of a 
strong bipartisan majority of the Senate. I have moved several through 
the Judiciary Committee, and several have already passed the House. All 
have the support of all Democratic Senators, and all were cleared for 
unanimous Senate passage, but each has been stalled on the Senate floor 
by Republican objection.
  One key bill included in this package is the Emmett Till Unsolved 
Civil Rights Crime Act. I thank Senator Dodd and Congressman Lewis for 
their tireless work on this bill over the last 4 years. It will 
strengthen the ability of the Federal Government to investigate and 
prosecute unsolved murders from the civil rights era. It would create 
new cold case units in the Justice Department and FBI dedicated to 
investigating and prosecuting unsolved cases involving violations of 
criminal civil rights statutes which resulted in death and occurred 
before January 1, 1970. The Senate legislation was introduced on 
February 8, 2007. I was proud to cosponsor Senator Dodd's bill. The 
Judiciary Committee reported it by unanimous consent as amended on June 
20, 2007, more than a year ago. The House legislation passed the House 
on June 20, 2007, more than a year ago, by a vote of 422 to 2. Its 
Republican cosponsors include Senator Cochran, Senator Hatch, Senator 
Alexander, and Senator Cornyn.
  Yesterday I had the privilege of meeting Emmett Till's cousin, Simeon 
Wright, who was with him that terrible night. The brutal killing of 
Emmett Till galvanized this Nation. I want to acknowledge Mr. Wright's 
courage and his commitment to fight for justice for all these years.
  The primary purpose of the Till bill is to track down those whose 
violent acts during a period of national turmoil remain unpunished. By 
passing this legislation, we honor Emmett Till and all those who 
sacrificed their lives advancing civil rights. It is disgraceful that 
it has taken us so long to take this basic step to pursue justice too 
long delayed. It is incredible to me that some continue to obstruct 
these efforts. It reminds me of those who so adamantly opposed a 
national holiday to recognize the contributions of Dr. Martin Luther 
King, Jr., and the progress this country has made toward equal justice.
  Another important piece of legislation in this bill is the 
reauthorization of the Runaway and Homeless Youth Act. Many Vermonters 
have told me how much that act is needed to help young people in 
Vermont and around the country. I held a hearing in Rutland this year 
on crime in small cities and towns, which emphasized the need for 
programs to help young people in difficult circumstances, and held 
another here in Washington on this measure before the Judiciary 
Committee reported it in April. The companion House bill passed in 
June.
  In addition, the eight Judiciary Committee related bills include 
several concerning child pornography, exploitation and drugs. The 
Effective Child Pornography Prosecution Act passed the House 409 to 0 
last November; the Enhancing the Effective Prosecution of Child 
Pornography provision passed the House 416 to 0 last November; the 
PROTECT Our Children Act passed the House 415 to 2 last November; the 
Drug Endangered Children Act passed the House last September 389 to 4. 
All of these bills have been cleared by all Democratic Senators.
  Thus, the Judiciary Committee components in S. 3297 are all measures 
that should have passed the Senate long ago. Two of the eight have 
Republican Senators as their lead sponsors. Others have Republican 
cosponsors.

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  People are rightly worried about keeping their communities safe and 
protecting their children. The Judiciary Committee has worked 
throughout this Congress to advance these priorities of Americans. 
Sadly, these important efforts have been obstructed by Republican 
objections. I hope that all Senators will join together tomorrow to 
pass S. 3297 without further delay.
  The bill we will consider tomorrow contains eight Judiciary 
Committee-related pieces. There were selected from many more bills that 
have been reported favorably by the Senate Judiciary Committee and that 
have passed the House. All these bills have the support of every 
Democratic Senator, and it is Republican objections, usually anonymous 
objections, that are keeping them from passing.
  Let me mention some of the others:
  S. 879, No Oil Producing and Exporting Cartels Act of 2007--this bill 
would make it illegal for any foreign state or any instrumentality or 
agent of a foreign state to act collectively with another foreign state 
to limit the production, set the price, or take any other action to 
restrain trade of oil, natural gas, or any petroleum product. The 
actions of OPEC to limit production of oil, natural gas, and other 
petroleum products result in higher prices of crude oil and, thus, 
gasoline in the United States. These actions are having a harmful 
effect on American consumers. This legislation will make clear that the 
actions of nations and their agents to limit supply and fix prices of 
oil, natural gas, and other petroleum products to affect the U.S. 
market violates U.S. antitrust law, and it will authorize the Attorney 
General to enforce antitrust law against such nations and prevent 
technical legal doctrines such as sovereign immunity and act of state 
from preventing actions for redress.
  S. 368, COPS Improvements Act of 2007--this bill would reauthorize 
and improve the Department of Justice's Office of Community Oriented 
Policing Services, COPS. Since 1994, the programs created by the COPS 
initiative have helped drive down crime rates. The COPS Program would 
restore vital programs that have been cut at a time when our law 
enforcement officers need it most. S. 368 would authorize $600 million 
to hire officers to engage in community policing, intelligence 
gathering and antiterror initiatives, and to serve as school resource 
officers. It would authorize $350 million per year for technology 
grants and $200 million per year to help local district attorneys hire 
community prosecutors. Also, it would establish the COPS office as an 
entity within the Department of Justice to carry out these functions 
and activities under the COPS Program in order to eliminate duplication 
of efforts.
  S. 119/H.R. 400, War Profiteering Prevention Act of 2007--this 
legislation would strengthen the tools available to Federal law 
enforcement to combat contracting fraud during times of war, military 
action, or relief or reconstruction activities. It would also extend 
extraterritorial jurisdiction in an attempt to reach fraudulent conduct 
wherever it occurs. The bill would create a new criminal fraud offense 
in title 18 of the U.S. Code to prohibit fraudulent acts involving the 
provision of goods or services in connection with a war, military 
action, or relief or reconstruction activities.
  S. 185, Habeas Corpus Restoration Act of 2007--this bill would repeal 
provisions of the Military Commissions Act of 2006 that eliminated the 
jurisdiction of any court to hear or consider applications for a writ 
of habeas corpus filed by aliens who have been determined by the United 
States to have been properly detained as enemy combatants. Passage of 
this bill would restore the basic and essential right to challenge 
arbitrary detention by the Government to noncitizens, including the 12 
million lawful permanent residents currently in this country, who under 
current law may be held forever with no recourse to challenge their 
detention in court. This legislation will contribute to renewed global 
respect for American values and the rule of law.
  S. 2511, a bill to amend the grant program for law enforcement armor 
vests to provide for a waiver of or reduction in the matching funds 
requirement in the case of fiscal hardship--this bill would amend the 
Omnibus Crime Control and Safe Streets Act of 1968 to authorize the 
Director of the Bureau of Justice Assistance to waive, in whole or in 
part, matching fund requirements applicable to the grant program for 
the purchase of armor vests for law enforcement officers.
  S. 2344, Internet Safety Education Act of 2007--this bill would 
create a competitive grant program for eligible organizations to carry 
out free, age-appropriate programs that promote Internet safety for 
children. This would give educators and parents the tools necessary to 
teach proper online interactions and promote safe Internet usage to 
their students and children in an age-appropriate manner.
  H.R. 3095, to amend the Adam Walsh Child Protection and Safety Act of 
2006 to modify a deadline relating to a certain election by Indian 
tribes--this bipartisan bill would provide Indian tribes a 1-year 
extension in which to decide how to comply with the requirements of the 
Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act 
enacted new requirements for States and Indian tribes to maintain sex 
offender registration information, post such information on the 
Internet, and share such information among States and other Indian 
tribes. The Justice Department proposed detailed regulations for States 
and Indian tribes to comply with the Adam Walsh Act, but those 
regulations are not yet final. The Indian tribes cannot make an 
informed decision on how to comply with the act until those regulations 
are final. This 1-year extension would give Indian tribes sufficient 
time to make appropriate choices.
  S. 267/H.R. 545, Native American Methamphetamine Enforcement and 
Treatment Act--this bill would ensure that Indian tribes are able to 
apply for grant programs authorized by the Combat Methamphetamine 
Epidemic Act. When Congress passed the Combat Methamphetamine Epidemic 
Act, tribes were unintentionally left out as eligible applicants in 
some of these programs. This bill would clarify that territories and 
Indian communities are eligible to receive the resources they need to 
fight methamphetamine use.
  S. 877, Controlling the Abuse of Prescriptions Act of 2007--this bill 
seeks to crack down on performance-enhancing drugs by putting human 
growth hormone on the same list of controlled substances as anabolic 
steroids. Classifying human growth hormone, HGH, as a schedule III 
controlled substance would subject the drug to more Government 
regulation and stiffer penalties for illegal distribution.
  S. 1027, PACT Act--this bill would help combat cigarette trafficking 
by updating existing antitrafficking laws and introducing new tools to 
combat illegal remote sales, such as those conducted over the Internet. 
The legislation closes loopholes in current tobacco trafficking laws, 
enhances penalties for violations, and provides law enforcement with 
new tools to combat the innovative new methods being used by cigarette 
traffickers to distribute their products. By strengthening criminal 
laws governing cigarette trafficking and empowering Federal, State, and 
local law enforcement with the powers to investigate and prosecute the 
cigarette traffickers of the 21st century, the PACT Act can help 
disrupt terrorist groups and other organized criminal enterprises.
  S. 627, Safe Babies Act of 2007--this bill would amend the Juvenile 
Justice and Delinquency Prevention Act of 1974 to require the Office of 
Juvenile Justice and Delinquency Prevention to award a grant to a 
national early childhood development organization to establish a 
National Court Teams Resource Center. The goals of the Center would be 
to promote the well-being of maltreated infants and toddlers and their 
families, help prevent the recurrence of abuse and neglect of children, 
and promote timely reunification of families.
  H.R. 5569, to extend for 5 years the EB-5 Regional Center Pilot 
Program, and for other purposes--this bill would extend the EB-5 
Regional Center Program for 5 years. This program allows

[[Page 16199]]

entrepreneurs from around the country to apply for Regional Center 
designation with the U.S. Citizenship and Immigration Services, which 
in turn allows project managers to attract foreign investment to 
discrete projects within specified geographic areas, many of which are 
rural areas in need of economic stimulation. Over the years, this 
program has resulted in foreign capital investment of billions of 
dollars and the creation of thousands of jobs in American communities. 
This important program is set to expire on September 30, 2008, and its 
reauthorization is critical for the many Americans who depend upon this 
program to make positive economic changes to their communities.
  S. 442, John R. Justice Prosecutors and Defenders Incentive Act of 
2007--this bill would establish a student loan repayment program for 
qualified attorneys who agree to remain employed for at least 3 years 
in certain public sector employment. This targeted student loan 
repayment assistance program will bolster the ranks of attorneys in the 
criminal justice system, enhancing the quality of that system and the 
public's confidence in it.
  S. 3296, to extend the authority of the U.S. Supreme Court Police to 
protect court officials off the Supreme Court grounds and change the 
title of the Administrative Assistant to the Chief Justice--this bill 
would extend for 5 years the authority of the U.S. Supreme Court Police 
to protect Supreme Court Justices when they leave the Supreme Court 
grounds. In January of this year, the Court Security Improvement Act 
was signed into law to authorize additional resources to protect 
Federal judges, personnel, and courthouses. This additional legislation 
would extend the authority of the U.S. Supreme Court Police to protect 
the Supreme Court Justices on and off Court grounds. It would also 
change the title of the Chief Justice's senior advisor from 
``Administrative Assistant'' to ``Counselor.''
  S. 3106, a bill to amend chapter 13 of title 17, United States Code, 
relating to the vessel hull design protection, to clarify the 
definitions of a hull and a deck--this bill would give the Department 
of Defense full assurance that Government and defense designs will not 
be subject to unwarranted restrictions. In 1998, Congress passed the 
Vessel Hull Design Protection Act to recognize the significant time, 
effort, and innovation that figure into ship design. Recent action in 
the courts has made it clear that in order to be effective, this law 
needs to be clarified and refined. This bill does exactly that by 
clarifying the definition of ``hull'' and ``deck,'' to ensure that the 
intellectual property rights of vessel hull designers would be 
protected.
  H.R. 6344, Responsive Government Act of 2008--this bill would provide 
the Federal courts and the Director of the Patent and Trademark Office, 
PTO, with needed emergency authority to delay judicial proceedings or 
statutory deadlines in the event of a natural disaster or other 
emergency situation which makes it impractical for parties, including 
the United States, to comply with certain filing conditions or to 
protect the rights and privileges of people affected by certain 
emergencies or a major disaster. We have recently observed how the 
ravages of natural disasters disrupt the lives of our fellow citizens, 
which can impede the ability to comply with strict statutory deadlines. 
Thus the Responsive Government Act provides critical flexibility to the 
courts and the PTO to help ameliorate the practical difficulties caused 
by these emergency situations.
  S. 621, Wartime Treatment Study Act--this bill would establish two 
factfinding commissions to supplement the work done in the 1980s by the 
Commission on Wartime Relocation and Internment of Civilians, which 
studied the treatment of Japanese Americans during World War II. The 
act would create one commission to review the U.S. Government's 
treatment of German Americans, Italian Americans, and European Latin 
Americans during World War II, and another commission to review the 
U.S. Government's treatment of Jewish refugees fleeing Nazi persecution 
during World War II.
  S. 2942, a bill to authorize funding for the National Advocacy 
Center--this bill would authorize the National District Attorneys 
Association to use the National Advocacy Center in Columbia, SC, for a 
national training program to improve the professional skills of State 
and local prosecutors and to enhance the ability of Federal, State, and 
local prosecutors to work together.
  I hope that those Republican Senators who are holding up these 
measures will work with me by coming forward and letting me know what 
it is in the bill that they find objectionable. That way, we might be 
able to work something out to accommodate them. But when they object 
anonymously and do not come forward to work with us, it seems they are 
only interested in obstruction.

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