E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION

Vol. 153 WASHINGTON, THURSDAY, MAY 24, 2007 No. 86 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces The message also announced that the called to order by the Speaker pro tem- to the House his approval thereof. Senate has passed a bill of the fol- pore (Mr. LYNCH). Pursuant to clause 1, rule I, the Jour- lowing title in which the concurrence f nal stands approved. of the House is requested: DESIGNATION OF THE SPEAKER f S. 1352. An act to designate the facility of PLEDGE OF ALLEGIANCE the United States Postal Service located at PRO TEMPORE 127 East Locust Street in Fairbury, Illinois, The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the as the ‘‘Dr. Francis Townsend Post Office fore the House the following commu- gentleman from Illinois (Mr. LAHOOD) Building’’. nication from the Speaker: come forward and lead the House in the f WASHINGTON, DC, Pledge of Allegiance. May 24, 2007. Mr. LAHOOD led the Pledge of Alle- ANNOUNCEMENT BY THE SPEAKER I hereby appoint the Honorable STEPHEN F. giance as follows: PRO TEMPORE LYNCH to act as Speaker pro tempore on this I pledge allegiance to the Flag of the day. United States of America, and to the Repub- The SPEAKER pro tempore. The , lic for which it stands, one nation under God, Chair will entertain up to ten 1-min- Speaker of the House of Representatives. indivisible, with liberty and justice for all. utes per side. f f f PRAYER MESSAGE FROM THE SENATE WAR IN IRAQ The Chaplain, the Reverend Daniel P. A message from the Senate by Ms. Coughlin, offered the following prayer: Curtis, one of its clerks, announced (Mr. SESTAK asked and was given Lord God of sacred revelation, the that the Senate has passed without permission to address the House for 1 poetic and pathetic story of Job raises amendment bills and a concurrent res- minute.) for every generation the mysterious Mr. SESTAK. Mr. Speaker, I have question of human suffering: Why do olution of the House of the following titles: served this Nation in combat in Af- bad things happen to good people? ghanistan and Iraq. The first was a just In our own day, Lord, we hear Job in H.R. 414. An act to designate the facility of the United States Postal Service located at war; the second was a tragic misadven- the African cry of the poor, in the con- ture. flicted mind of the wounded Marine 60 Calle McKinley, West in Mayaguez, Puerto Rico, as the ‘‘Miguel Angel Garcia Mendez After 31 years of military service, I and in the silence of the abused child. Post Office Building’’. ran for this office. I have never devi- Make the Members of Congress true H.R. 437. An act to designate the facility of ated from believing that a date certain comforters of Job, who not only talk the United States Postal Service located at to redeploy from Iraq is the only strat- about suffering but are in anguish to 500 West Eisenhower Street in Rio Grande egy which can change the incentives relieve his fate. Lift them from the il- City, Texas, as the ‘‘Lino Perez, Jr. Post Of- for the Iraqis, the Iranians and Syria, lusion that virtue is directly linked to fice’’. to change their behavior and to work public notoriety and comparative H.R. 625. An act to designate the facility of for a non-failed state in Iraq. But I wealth. Rather, by the infusion of the United States Postal Service located at 4230 Maine Avenue in Baldwin Park, Cali- have run the Navy $67-billion-a-year faith, Lord, plunge them into a deeper fornia, as the ‘‘Atanacio Haro-Marin Post Of- warfare program. And I understand solidarity with the war-torn poor and fice’’. that money is only so fungible, and we the heroic innocents so that Job’s H.R. 988. An act to designate the facility of will run out. blessing may truly be their own: the United States Postal Service located at ‘‘Naked I came from my mother’s 5757 Tilton Avenue in Riverside, , There is a greater good than me, womb and naked I shall return. The as the ‘‘Lieutenant Todd Jason Bryant Post than my office, than my caucus, than Lord has given and the Lord has taken Office’’. this Congress, and that is those that away. Blessed be the name of the Lord H.R. 1402. An act to designate the facility still wear the cloth of this Nation in forever.’’ of the United States Postal Service located Iraq that we Americans sent to fight at 320 South Lecanto Highway in Lecanto, Amen for us. Florida, as the ‘‘Sergeant Dennis J. Flana- I cannot vote to place their security f gan Lecanto Post Office Building’’. between us and someone we hope might THE JOURNAL H. Con. Res. 128. Concurrent resolution au- thorizing the printing of a commemorative blink, because I do believe, however, The SPEAKER pro tempore. The document in memory of the late President of after this, that I have great faith that Chair has examined the Journal of the the United States, Gerald Rudolph Ford. there are those Americans on both

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H5727

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VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A24MY7.000 H24MYPT1 hmoore on PRODPC68 with HMHOUSE H5728 CONGRESSIONAL RECORD — HOUSE May 24, 2007 sides of the aisle that will work to- for responsible leadership in this WHY THERE IS A MEMORIAL DAY wards ending this open-ended commit- House. (Mr. POE asked and was given per- ment for their security and America’s. It has now been 107 days since the mission to address the House for 1 f President called for Congress to minute.) produce a supplemental bill that will LANCE CPL. BEN DESILETS Mr. POE. Mr. Speaker, this Memorial adequately fund the war on terror. And Day, we honor the warriors of America (Mr. LAHOOD asked and was given after more than 3 months of political whose lives were taken in their youth permission to address the House for 1 theater and grandstanding, we have a for their country’s future. In Southeast minute and to revise and extend his re- leadership that hasn’t produced any- Texas, 18 of these men have been killed marks.) thing. A bill will come before us today, in Iraq in sacrifice and service for the Mr. LAHOOD. Mr. Speaker, I rise hopefully that will fund the troops, and rest of us. One of those was 20 year old today to pay tribute to Lance Cpl. Ben quite simply this will hurt our men and Lance Corporal Anthony Aguirre of Desilets. women in uniform. Channelview, Texas. Ben was killed in Iraq on Tuesday. These are not my words but those of While on patrol with 20 other Ma- He was from Elmwood, Illinois, which a sergeant first class from Tennessee rines in the desert sands of Al Anbar is just west of Peoria, Illinois. He was serving in Iraq who wrote to me re- Province, Lance Corporal Aguirre a 2004 graduate of Elmwood High cently. She has said this, and she is stepped on an improvised explosive de- School. frustrated with some of the things in vice. Since America’s enemies hide in In a statement from his family, it Iraq but is committed to her duty. And caves and won’t face off with our was described that Ben was killed be- I would like to quote from her letter. troops, these cowards of the desert use hind the wheel of a Humvee when he She writes, ‘‘I believe that before these explosives to kill Americans. died in the early morning hours. His Congress keeps pushing to get us out of Rather than immediately jump off the mother is quoted as saying in an arti- here just to get their sons and daugh- IED, however, Aguirre stood firm and cle in a local paper today, ‘‘He thought ters home, they need to take a step told his fellow Marines to clear the he was doing good. I was proud of him. back, talk to the soldiers.’’ She con- area. When his buddies were safe, he It made him grow up a lot.’’ tinues, ‘‘I have lost several good took his foot off the bomb. He died so Today, as we honor Ben and all those , brothers and sisters in arms, to others could live. Amazing men, these who have fallen, and we remember our this place, but I do not want my chil- young Marines of the United States veterans on Memorial Day, we thank dren to come back here and clean up Marine Corps. them for their service. We thank their this mess if I had the capability to Later, as the funeral procession families for their service and the great take care of it myself. I know that if passed through the streets of sacrifice that people like Ben and oth- we pull out now, the next generation Channelview, the crowds, estimated at ers have made in the name of freedom. will be right back here to finish what 8,000, waved flags and stood in silence God bless Lance Cpl. Ben Desilets we did not, because too many people along the rural roads for this Son of and his family. are worried about their own political Texas. f agenda. I proud to be an American Mr. Speaker, Lance Corporal Aguirre IT IS TIME TO END THE WAR IN soldier, doing my job to protect my and his fallen comrades are why we IRAQ country and help others.’’ have Memorial Day. God bless this soldier, and God bless And that’s just the way it is. (Mr. KUCINICH asked and was given all who with her serve. permission to address the House for 1 f minute and to revise and extend his re- f RECOGNIZING THE CONTRIBU- marks.) TIONS OF JEWISH PEOPLE TO Mr. KUCINICH. With the passing of b 1010 AMERICA the war supplemental, our creation, the Iraqi Government, must meet cer- (Mr. SARBANES asked and was given UNDERSCORING THE NEED TO tain benchmarks of performance, in- permission to address the House for 1 MAKE CRITICAL INVESTMENTS cluding turning over most of their oil minute.) IN PRESCHOOL EDUCATION assets worth as much as $21 trillion to Mr. SARBANES. Mr. Speaker, I rise international oil companies. (Mrs. MALONEY of New York asked today during Jewish American Herit- The administration blows up Iraq, is and was given permission to address age Month to recognize the contribu- responsible for the deaths of perhaps as the House for 1 minute.) tions the Jewish people have made to many as a million Iraqi citizens; the Mrs. MALONEY of New York. Mr. our country. administration triggers a civil war, Speaker, yesterday’s Democratic Na- I have come to understand that to takes $10 billion in Iraq oil proceeds, tional Summit on America’s Children the Jewish people, the word ‘‘heritage’’ which disappear, and now tells the underscored the need to keep critical has deep meaning. It is not simply a Iraqis they better start behaving or the investments in preschool education for sense of pride or history. It is a belief U.S. won’t give them more support. children today so that society does not that each person should in some way This isn’t politics; this is pathology. pay a higher price later. A new Joint improve the world. The often quoted Instead of passing legislation to con- Economic Committee report shows Rabbi Hillel asked the question, ‘‘If I tinue the war, we should instead deny that investing in high quality edu- am not for myself, who will be for me? funds for the war and begin docu- cation is a cost-effective way of im- If I am not for others, who am I?’’ menting war crimes. proving the life circumstances of chil- It is this same set of values that It is time this Congress took respon- dren, while also increasing the U.S. brings Jewish groups to the Hill advo- sibility to bring the troops home, to economic growth over the long term by cating not just for so-called Jewish end this war, to restore our Constitu- as much as 3.5 percent. issues, but for issues that affect every- tion and reconnect our country to the Another report details the provisions one; better education, better highest values of truth and justice. in Federal and State tax codes that are healthcare, more protections for the f available to help families with chil- environment, free speech, and separa- dren. The credits offered by my home tion of church and state. The Jewish A CALL FOR LEADERSHIP IN THE State of New York are among the most community feels a special obligation to HOUSE generous. Both reports are available on repair the world, one little piece at a (Mrs. BLACKBURN asked and was the JEC website. time, for all people, not just their own. given permission to address the House Investing in our Nation’s children I am grateful to the organizations in for 1 minute and to revise and extend not only helps them, but also helps my own district for their contributions her remarks.) produce an innovative workforce for to our community. From providing Mrs. BLACKBURN. Mr. Speaker, I the future and keeps our economy educational and social services, to in- rise this morning in a continuing call strong. volvement in local and national policy,

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.003 H24MYPT1 hmoore on PRODPC68 with HMHOUSE May 24, 2007 CONGRESSIONAL RECORD — HOUSE H5729 the commitment to improving our so- defense of our Nation and of its values, Mr. MORAN of Virginia. Mr. Speak- ciety is one of the many values I have I hope that every American will remind er, the Republican Party and the Presi- come to respect in the Jewish commu- their elected representatives that in dent will make it clear today to the nity in Baltimore and across this Na- honoring that sacrifice, our elected American people that they own this tion. representatives have an obligation to war; hook, line and sinker. f uphold the rule of law, to preserve our The President and his Republican borders and to preserve this Nation’s colleagues will be successful today in THE END OF THE BLAIR ERA financial security for the future. continuing the Iraq war, but this is a (Mr. STEARNS asked and was given In so doing, every American ought to pyrrhic victory at best. The Demo- permission to address the House for 1 demand that their elected representa- cratic leadership is allowing this bill to minute.) tives reject this monstrous amnesty pass because, unlike the President, Mr. STEARNS. Mr. Speaker, the de- bill, which proposes to legalize 14 to 20 they will not leave our troops unpro- cision of British Prime Minister Tony million illegal aliens, honoring those tected in battle. It is our troops and Blair to resign on June 27th marks the who have broken our laws, threatening their families that are the only ones end of an era in U.S.-British relation- the financial security of by being asked to make any sacrifice in ships. Blair’s extraordinarily close alli- more rapidly bankrupting Social Secu- this war, and this President’s policy is ance with President Bush has been a rity and all of our financial social wel- unworthy of their sacrifice. fare programs, and driving this Nation major force on the world stage since The only sacrifice requested of the more rapidly towards that financial the terrorist attack of September 11, rest of us has been to go out and spend brick wall which is so rapidly ap- 2001. our tax cuts at the mall. Meanwhile, proaching. The Prime Minister has been an elo- the Iraqi parliament is preparing to In my office, 100 percent of the phone take the summer off, probably using quent and passionate leader in con- calls received have been in strong op- fronting global terrorism. He deserves some of the missing $9 billion to sun- position to this bill. Every other Mem- bathe along the Mediterranean. Our credit for his central role in the global ber of Congress from the Republican war on terrorism and for having the soldiers risk life and limb to secure side that I have visited has received their country, which is in the midst of courage to act on his convictions in the equally strong opposition. a civil war, and they go on vacation. face of tremendous opposition within I think it is vitally important for Ask yourself if you think this is a war his own party and from other European Americans to rise up, as we did in the governments. Dubai ports deal, and demand that our worthy of our soldiers’ sacrifice. His steadfast support for the United elected representatives honor the sac- We Democrats will do everything, le- States in the 4 years since 2001 and his rifices of our fallen soldiers by reject- gally and legislatively, to bring our key role in building the international ing this mass amnesty bill over the Me- troops home as soon and as safely as coalition of the willing demonstrated morial Day break. possible. That is our pledge to the American people, and we will keep it. principled leadership as well as vision. f The strong U.S.-British relationship f will certainly endure under Blair’s suc- ACCOUNTABILITY PLAN NEEDED 1020 cessor. However, there is no doubt that FOR IRAQ WAR b this relationship was made better be- (Mr. KLEIN of Florida asked and was TURNING THIS WAR AROUND cause of Tony Blair. given permission to address the House (Mr. CARNAHAN asked and was f for 1 minute.) given permission to address the House Mr. KLEIN of Florida. Mr. Speaker, for 1 minute and to revise and extend AMERICANS WILL BE HEARD ON today, the House of Representatives his remarks.) ENDING THE WAR will vote on a war spending bill that Mr. CARNAHAN. Mr. Speaker, there does not call for accountability. Unlike (Mr. BLUMENAUER asked and was are two sets of issues coming before the previous Iraq supplemental, the bill given permission to address the House this Congress before we finish up our we are voting on today does not pro- for 1 minute.) work this week. One is the President’s vide the American people with a path Mr. BLUMENAUER. Mr. Speaker, it request for a blank check to finance to end this war. For me, the issue of is unfortunate that Congress is poised this war for the remainder of this fiscal accountability is imperative. Without to approve a short-term funding pro- year. I cannot and will not support a real accountability plan in Iraq, posal for Iraq without strong condi- that. there is no telling how long this war tions to phase down this war. I, for one, This House will also consider funding will not vote for it. But the sad fact is will continue. We were elected to bring a new direc- for children’s health insurance, gulf that we don’t yet have a majority in coast recovery and drought relief for this House to end the war. tion in Iraq, and I will continue that fight, along with many of my col- our farmers. I will indeed support that. Yet it is hardly a victory for the We have put forth a plan in this Bush administration. Congressional leagues. As I have made clear time and time again with my votes, I fully sup- House to the President. He has rejected support is slowly crumbling, even it time and time again. I will continue among Republicans, as the politicians port our troops and their families. But I also believe that it is Congress’ duty to fight. Even though this proposal be- are catching up to where most Ameri- fore the Congress today provides cans are on this war. to support a change in the Iraq policy that will meet our national security benchmarks, it is not enough. Even I would urge people not to be discour- though it requires reports to Congress aged by the vote today, but to keep up objectives. When the people of South Florida in July and September, it is not their spirits and their pressure. Ameri- chose me to be their voice in Congress, enough. cans will be heard, and this nightmare they put their trust and faith in me to My pledge is for a new direction to will end. represent their values and priorities. turn this war around, to bring stronger f Along with the people of South Flor- accountability, stronger support for ida, I will continue to stand up and our troops, and bring them home safe, REJECT AMNESTY FOR ILLEGAL sound and soon. ALIENS work toward a new policy in Iraq. For these reasons, I will vote against f (Mr. CULBERSON asked and was the Iraq supplemental bill today. given permission to address the House f for 1 minute.) (Mr. COHEN asked and was given per- Mr. CULBERSON. Mr. Speaker, as DEMOCRATS WILL KEEP PLEDGE mission to address the House for 1 Members of Congress return home for TO THE AMERICAN PEOPLE minute and to revise and extend his re- the Memorial Day weekend, as we (Mr. MORAN of Virginia asked and marks.) honor the sacrifices of our men and was given permission to address the Mr. COHEN. Mr. Speaker, I wish to women who have given their lives in House for 1 minute.) quote Jackson Browne’s ‘‘Lives in the

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.006 H24MYPT1 hmoore on PRODPC68 with HMHOUSE H5730 CONGRESSIONAL RECORD — HOUSE May 24, 2007 Balance,’’ a song written quite a few fect, all we hear is, no, no, no, and no. the Committee on Appropriations or his des- years ago but most appropriate for That is not a policy; that is a denial. ignee that the House concur in the Senate today. That does not support the troops. Un- amendment with the House amendments ‘‘I’ve been waiting for something to fortunately, it makes it more difficult printed in the report of the Committee on Rules accompanying this resolution. The happen for them. Senate amendment and the motion shall be For a week or a month or a year. Let’s remember as we vote to support considered as read. The motion shall be de- With the blood in the ink of the head- our troops, we could have done this and batable for one hour equally divided and con- lines should have done this 110 days ago. trolled by the chairman and ranking minor- And the sound of the crowd in my ear ity member of the Committee on Appropria- f You might ask what it takes to re- tions. The previous question shall be consid- member SAD DAY ered as ordered on the motion to its adoption When you know that you’ve seen it without intervening motion or demand for (Ms. SHEA-PORTER asked and was division of the question except that the before given permission to address the House Where a government lies to a people Chair shall divide the question of adoption of for 1 minute and to revise and extend the motion between the two House amend- And a country is drifting to war. her remarks.) ments. ‘‘And there’s a shadow on the faces SEC. 2. If both portions of the divided ques- Of the men who send the guns Ms. SHEA-PORTER. Mr. Speaker, this is a very sad day for our country. tion specified in the first section of this reso- To the wars that are fought in places lution are adopted, the action of the House Where their business interests runs. Once again, the President is going to shall be engrossed as a single amendment to ‘‘On the radio talk shows and the TV be handed a blank check by the Repub- the Senate amendment to H.R. 2206. You hear one thing again and again licans. Last year the Republicans took SEC. 3. During consideration of the motion How the U.S.A. stands for freedom a lot longer than the Democrats on to concur pursuant to this resolution, not- And we come to the aid of a friend this side of the aisle to pass this sup- withstanding the operation of the previous But who are the ones that we call our plemental. Every year they have given question, the Chair may postpone further consideration of such motion to such time as friends, the President exactly what he wanted: a blank check. may be designated by the Speaker. These governments killing their SEC. 4. (a) During consideration in the own? This time we said to the President Committee of the Whole of a bill making There are lives in the balance twice, we will give the money as long supplemental appropriations for military op- There are people under fire as you meet certain criteria, respon- erations in Iraq or Afghanistan for fiscal There are children at the cannons sible criteria; and he said, no. He had year 2008, before consideration of any other And there is blood on the wire. to have it completely his way, running amendment, it shall be in order to consider ‘‘There’s a shadow on the faces the war in the fifth year the way he ran an amendment only proposing to add to the Of the men who fan the flames it in the first year and the fourth year, bill the text of H.R. 2451. Such amendment Of the wars that are fought in places without any kind of check, sending our shall be considered as read, shall not be sub- Where we can’t even say the names? ject to amendment, and shall not be subject brave troops into battle without the to a demand for division of the question in ‘‘I want to know who the men in the equipment they need. And if they come the House or the Committee of the Whole. shadows are home injured, failing to care for them All points of order against such amendment I want to hear somebody asking them and providing for them what they need are waived except those arising under clause why. at home. 9 of rule XXI. They can be counted on to tell us We tried to give our brave troops a (b) Subsection (a) shall not apply to a bill who our enemies are, 3.5 percent pay raise. The President making regular appropriations for the De- But they’re never the ones to fight or partment of Defense for the fiscal year end- said, no. He supports the troops but not ing September 30, 2008. die. financially, not physically and not in The SPEAKER pro tempore. The gen- And there are lives in the balance the ways that really matter. tlewoman from New York (Ms. SLAUGH- There are people under fire So here we are approaching Memorial TER) is recognized for 1 hour. There are children at the cannons Day, and once again, we are leaving Ms. SLAUGHTER. Mr. Speaker, for And there is blood on the wire.’’ our troops unprotected while they have the purpose of debate only, I yield the f a political battle about this. And they customary 30 minutes to the gen- can’t go back to their districts and tell SUPPORT OUR TROOPS tleman from California (Mr. DREIER). the truth. (Mr. DANIEL E. LUNGREN of Cali- All time yielded during consideration I will vote against this supplemental fornia asked and was given permission of the rule is for debate only. because I am voting for the troops. to address the House for 1 minute and I yield myself such time as I may to revise and extend his remarks.) f consume and ask unanimous consent Mr. DANIEL E. LUNGREN of Cali- PROVIDING FOR CONSIDERATION that all Members be given 5 legislative fornia. Mr. Speaker, we have heard sen- OF SENATE AMENDMENT TO H.R. days in which to revise and extend timents from the other side of the aisle 2206, U.S. TROOP READINESS, their remarks on House Resolution 438. about the vote that is going to take The SPEAKER pro tempore. Is there VETERANS’ CARE, KATRINA RE- place today. I would like to throw a objection to the request of the gentle- COVERY, AND IRAQ ACCOUNT- few facts on the table. woman from New York? ABILITY APPROPRIATIONS ACT, One, the President asked us 110 days There was no objection. 2007 ago for this support; 110 days. Nothing Ms. SLAUGHTER. Mr. Speaker, has changed with his request, the need Ms. SLAUGHTER. Mr. Speaker, by House Resolution 438 provides for con- for the support of the troops, from then direction of the Committee on Rules, I sideration of the Senate amendment to until now, except we have gone call up House Resolution 438 and ask H.R. 2206, making emergency supple- through political exercises to try and for its immediate consideration. mental appropriations and additional limit the ability of the President and, The Clerk read the resolution, as fol- supplemental appropriations for agri- more importantly, his commanders in lows: cultural and other emergency assist- the field, from doing what they think H. RES. 438 ance for the fiscal year ending Sep- is best. Resolved, That upon adoption of this reso- tember 30, 2007, and for other purposes. I have heard it said that we need a lution it shall be in order to take from the Mr. Speaker, when my fellow Mem- new policy. We have a new policy. I Speaker’s table the bill (H.R. 2206) making bers of Congress and I speak and debate have heard it said, we need a new mili- emergency supplemental appropriations and and cast our votes on this floor, we tary commander. We have a new mili- additional supplemental appropriations for seek to reconcile our ideals with what tary commander. I have heard it said, agricultural and other emergency assistance is possible to achieve. We seek to do for the fiscal year ending September 30, 2007, we need new tactics. We have new tac- and for other purposes, with the Senate what is right in principle and necessary tics. amendment thereto, and to consider in the at any particular point in time, and The problem is, as the President has House, without intervention of any point of pray that the two are one and the presented this, as we put this into ef- order, a motion offered by the chairman of same.

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.009 H24MYPT1 hmoore on PRODPC68 with HMHOUSE May 24, 2007 CONGRESSIONAL RECORD — HOUSE H5731 That struggle has formed the founda- victory before going into battle. We’re But they are alone. Official Pentagon tion of the fight Democrats have waged the party that demands that they re- assessments now speak of Iraq’s ‘‘civil since January, and it is the basis of ceive proper medical care once they re- war,’’ meaning the Pentagon itself has what we are doing today. turn. broken now from the White House. The This war was not challenged by the We understand the mistaken judg- generals on the ground are admitting last Congress. It was supported by the ment and obstinacy of the White that our whole approach to Iraq must last Congress. It was defended by the House, and so we will not prevent any change. That dialogue, even with insur- last Congress. Year after year, the Re- funding from coming forth from this gent groups the President swore he publican-led House kept this war alive. Congress, an outcome which would per- would never talk to, must replace the b 1030 mit the President to further add to the open-ended warfare, which means the struggles that our troops endure every surge has failed. But the public rightly lost faith in day. And, of course, the overwhelming the war and those who would support it Ultimately, of course, supporting the majority of the American people are unquestionably. We all know what the troops means ending the war entirely, not willing to accept the sacrifices result was. and the legislation we bring to the asked of our soldiers and Iraqi civilians The first opportunity the new major- floor today goes as far as is possible at not because of a lack of will, but be- ity had to change course in Iraq came this moment to achieving that goal. cause of an abundance of reason. They with the first version of this bill. That Mr. Speaker, I ask everyone listening correctly see the war as it is being legislation conditioned any future sup- to look at the victories that have been fought today has never and will never port for the conflict upon proof that won here. The President previously yield the intended results, that our sol- our efforts were bearing some fruit. said he would block any bill which con- diers have been given a mission that What is more, it would have ended the tained benchmarks for the war, but has failed them and the people of Iraq war by August 2008 at the very latest. now the only legislation the House will time and time again. Democrats, and some Republicans, deliver to him contains no fewer than The Democrats in both Chambers of united, and that bill was passed by the 18 benchmarks linking economic aid to this Congress stand with them. A hand- House. improvements in the Iraqi situation. ful of principled Republicans stand Democrats in the Senate agreed, and Furthermore, the President and with us as well, but not yet enough. the conference report that was sent to members of the Republican minority The American people will continue to the President was even stronger. The derided what they called ‘‘unrelated demand that their voices be heard. same benchmarks were in place, but spending’’ during our first debate on They will continue to demand their the war was to end 6 months sooner, by this bill. They did so even though Representatives no longer willfully ig- March of next year. Democrats were seeking only to fill the nore their wishes, and my fellow Demo- Our position was clear and unequivo- gaps left by last year’s failure to give crats and I will continue to demand the cal. For the first time since 2003, a ma- us a budget. same. jority of the But today we will pass a minimum Together we will struggle until our supported a new direction in Iraq, and wage increase. We will increase funding collective ideals becomes one with it was a direction which would lead to for military health care and for vet- what is possible to achieve and until an end to the war. The President ve- erans’ health care, and critically need- this representative Congress actually toed that bill. ed funding for agriculture disaster aid, represents its constituents and forces Our Constitution requires two-thirds children’s health care, and recovery the President to do the same. of the Congress to overcome a veto. from Hurricane Katrina. Mr. Speaker, I reserve the balance of Two-thirds of the public stood squarely What is critical for all of our citizens my time. with the Democrats in this Chamber, to understand is that what is missing Mr. DREIER. Mr. Speaker, I yield and a handful of Republicans, who from this bill, a timeline to end the myself such time as I may consume. voted to overcome it. But what we war, has been neither forgotten nor Mr. Speaker, I rise in strong opposi- needed was significant support from conceded by the Democrats in the Con- tion to this rule, and I express my ap- the other side of the aisle, and we did gress. preciation to my very good friend, the not get it. To the contrary, our path forward is distinguished Chair of the Committee Since then the President’s made it clear. We will fight every day until the on Rules, the gentlewoman from Roch- clear that he will veto any legislation world’s greatest deliberative body lives ester, for yielding me the customary 30 which even mentions the word up to its billing and actually rep- minutes. ‘‘timeline,’’ and so he left my fellow resents the will of the people its serves. Mr. Speaker, I have to begin by say- Democrats and me with a choice. Some As I said before, at least two-thirds ing how greatly saddened I am by the would have us ignore his words and of the American people oppose the opening statement that was just deliv- simply send him a new copy of our President’s approach to Iraq and want ered by the Chair of the Committee on original bill. I certainly relate to those this war brought to a close. It’s time Rules. Using the word ‘‘failure’’ to de- feelings. that two-thirds of this Congress wants scribe what has taken place in Iraq is, But as appealing as this may seem, I the same. And we all know where the to me, as we head into this Memorial do not believe that it would be right. remaining votes have to come from. Day weekend, an extraordinarily sad The President and his allies in Con- Some days in Iraq are worse than message for our courageous men and gress have put our soldiers in harm’s others, but all days there are bloody. women who are on the frontline in this way, and Mr. Bush is willing to keep Four American soldiers died on Mon- struggle against global terrorism. them there no matter how much they day. Six more died on Tuesday. Three Mr. Speaker, I have to tell you that suffer. lost their lives yesterday. Three hun- we just got the news this morning of If this Congress delayed funding by dred twenty-one civilians have been the death of Joseph Anzack who was continuing to back a bill we cannot anonymously murdered in Baghdad one of the three troops in Iraq who was pass at this time, we would not force just this month, an average of 13 a day. kidnapped, and as we think about this the President to end the war. All indi- We must not be afraid to speak what Memorial Day weekend, to say to those cations are that he would leave our sol- is a simple truth. Every day that the men and women who are there on the diers in Iraq, and without adequate Republican minority in this Congress frontline that this is a failure, I be- funding, they would have to do even stands by and empowers the President lieve, is a horrible, horrible message, more with even less. to perpetuate this war, they are saying and I’m greatly troubled that those The Democratic Party is the party the day’s deaths in Iraq are acceptable. words would emanate from the floor of that supports our soldiers. We’re the They’re saying that those lives lost are the House of Representatives. party that fights for them to have part of a price they’re willing to let Mr. Speaker, it has taken the Demo- proper equipment, training and rest. others pay, other mothers, other fa- cratic leadership four tries, and as my We’re the party that demands that thers, other sisters, other brothers and very good friend from California (Mr. they be given a sensible strategy for other children, not theirs. DANIEL E. LUNGREN) said in his 1-

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.011 H24MYPT1 hmoore on PRODPC68 with HMHOUSE H5732 CONGRESSIONAL RECORD — HOUSE May 24, 2007 minute speech, more than 100 days ceed under an assumption. I must say hands. How on earth could we even since the President’s request that they that I am very concerned about the contemplate giving them what they have finally agreed to vote on an emer- negative impact the ongoing surrender want and turning the country and the gency supplemental appropriations bill debate has had in Iraq, both in terms of region over to them? that gives our troops the funding they the morale of our troops and our credi- I understand many Americans just need without tying their hands and en- bility with the Iraqi people. I am con- want this war to be over. I want this suring their defeat. cerned about the impact that this war to be over, too. I would like noth- Mr. Speaker, no matter how many delay in funding has had on our mili- ing more. I would like nothing more times my friend from Rochester, the tary as well. than to be able to tell the people whom distinguished Chair of the Committee But, ultimately, we have succeeded I am honored to represent here that on Rules, is saying that they have lost, in ensuring that this body has the op- their husbands and wives and sons and saying that they have failed and saying portunity to fund our troops without daughters and brothers and sisters are that defeat is imminent, the passage of simultaneously handing the terrorists going to be coming home tomorrow. this funding bill will help very much to a date certain for our surrender. While The problem is that, even if we were ensure that that is not the case. this process, this political process has to withdraw from Iraq, the war would I’m extremely proud that we have played out, I talked a great deal about not magically be over. We can pick up been able to hold the line on the disas- what the consequences would be if we and go home. We can turn off our TV trous proposal and this notion that were to abandon the Iraqis to the ter- sets and ignore what is taking place somehow we have lost and we have rorists. And, of course, al Qaeda has over there. But the war will still go on. failed in the struggle against ter- taken responsibility for the murder of The terrorists will continue their bat- rorism. Unfortunately, though, at this Mr. Anzack, whom I mentioned, Joseph tle for Iraq and for the region; only, point in the debate, we can’t be totally Anzack. this time, we would not be there to certain about what it is exactly that They clearly are in the midst of their stop them. we’re agreeing upon, particularly in drive. We also are hoping very much We would not be there to train and the case, Mr. Speaker, of the additional that we can see this fledgling democ- strengthen the Iraqi Army and police spending. racy take hold. That is why what we forces or to help strengthen those are going to be doing here, providing democratic institutions. b 1040 that necessary support, helps us in that I have to say that I am particularly Now, let me explain why. For several quest, but there is no need to take my proud of the work that our House De- years, there has been concern from word in this matter. We are hearing re- mocracy Assistance Commission is both sides of the aisle about the lack of peatedly, repeatedly from our people doing. DAVID PRICE of North Carolina availability of the text of bills and con- on the ground, from the Iraqi leader- has chaired this effort, and we are hop- ference reports. That concern has been ship and from the Iraqi people, that ing to be able to include Iraq’s par- raised by both Democrats and Repub- withdrawing before our mission is com- liament as we work in consultation to licans on a regular basis. plete would have terrible consequences. help them build this fledgling democ- I would like to briefly, for our col- Iraq’s ambassador to the United Na- racy. leagues, outline a timeline for how this tions, Feisal Amin al-Istrabadi, has im- Before long, I have no doubt whatso- rule we are debating at this moment plored us not to leave. I would like to ever that the war would make its way was produced. Last night, the Com- quote Iraq’s ambassador to the United to our doorstep once again. We ignored mittee on Rules adjourned at roughly Nations. ‘‘We are at war together,’’ he a growing terrorist haven once before, 8:45 p.m. after reporting the rule on recently said. ‘‘We are allied at war to- and we suffered the worst attack on lobbying reform, which we will be con- gether against a common enemy. We our soil because of it. sidering in a little while. have one way forward: together.’’ I was very proud during the decade of Then members of the Rules Com- In a recent interview with the New the 1980s to work with a number of our mittee patiently waited until 11 p.m., York Post, he talked about the troop colleagues in providing the assistance when we were notified the text of the surge and pointed to the progress that to the Mujahedin who were fighting to supplemental agreement wouldn’t be is being made because of it. At this liberate their country of Afghanistan ready until the early morning hours critical juncture, Iraq’s ambassador to from the Soviet Union. When that was and that the Rules Committee would the United Nations believes we should over, we left and did virtually nothing hold an emergency meeting at 7 a.m. be redoubling our efforts and pressing to help build a democracy. The text of the Obey amendments forward, not debating a withdrawal at Did Afghanistan teach us anything? were then circulated to the Rules Com- the precise moment that progress is Did September 11 teach us nothing? mittee members at 5:39 this morning, being made. Burying our heads in the sand is not an just a few hours ago; 5:39 this morning, Every Member of this body knew at effective defense. The consequences of less than 11⁄2 hours before we convened the beginning of this process that the abandoning our mission in Iraq would the Rules Committee. The text of the President would never sign a with- be even graver than the consequences amendments were not posted publicly drawal bill. The President said it, and of ignoring the growing terrorist on the committee’s Web site until the President says what he means, and threat that took place during the dec- around the time we actually met. he means what he says. ade of the 1990s in Afghanistan. This Now we are here considering the rule, Unfortunately, as Mr. LUNGREN time, not only would the terrorists es- which makes in order language which pointed out in his 1-minute speech ear- tablish another safe haven from which spends $119.99999 billion, less than 4 lier, the weeks and weeks of pointless to operate their global terror network, hours after it was actually submitted. debate on our surrender date have they would, and I quote, ‘‘erect a tri- I remember my very good friend from clearly taken their toll in Iraq. As Am- umphant monument on the ruins of Rochester (Ms. SLAUGHTER) regularly bassador al-Istrabadi points out, and I American power,’’ as the American En- saying that we needed to be provided quote, ‘‘It’s been very painful to watch terprise Institute scholar Frederick with 24 hours notice. This clearly is a the political process in Washington, be- Kagan said. far cry from what was promised at the cause it seems to have very little to do We simply cannot and will not beginning of this Congress. with Iraq.’’ He says that al Qaeda has strengthen the hands of terrorists who This language may very well rep- been following this debate closely. The have made the destruction of America resent the agreement between the ambassador says, ‘‘There are real en- their number one priority. We cannot House, the Senate and the administra- emies who are watching the debate, and will not abandon the Iraqis to be tion. However, there is no way for us to who understand what’s happening here butchered by these terrorists in their know this, because there has been no and who think they can affect the out- midst. We cannot and will not abandon time to thoroughly read the language come of the debate.’’ our mission just as real progress is and verify. He is baffled, as I am baffled, that the starting to be made. Unfortunately, as most Members Democratic leadership could even con- Mr. Speaker, I reserve the balance of must at this point, I shall have to pro- sider playing right into the terrorists’ my time.

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.014 H24MYPT1 hmoore on PRODPC68 with HMHOUSE May 24, 2007 CONGRESSIONAL RECORD — HOUSE H5733 b 1050 proposition to the President to try to and I will compare theirs to our record Ms. SLAUGHTER. Mr. Speaker, I am force change in American policy in any day of the week. pleased to yield to the gentleman from Iraq. He vetoed it. So if somebody is ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Wisconsin (Mr. OBEY) as much time as going to bellyache about the fact that The SPEAKER pro tempore. The he may consume. the money isn’t getting to the troops, Chair reminds Members to refrain from Mr. OBEY. Mr. Speaker, let me first we passed that. It was the President engaging in personalties toward the address the gentleman’s comments who vetoed it. It is the President’s ac- President or the Vice President. about process and time. tion that has delayed getting anything Mr. DREIER. Mr. Speaker, I yield We have been negotiating with the to anywhere. myself such time as I may consume Senate and with the White House since We then sent a second package over, and then I’m going to be yielding to last Friday. At approximately 12:30 last and the Senate couldn’t pass that. And one of my colleagues. night, the majority staff on the Appro- so that is when we faced the inevi- Let me say that at 7 o’clock this priations Committee finally wrapped tability that we simply did not have morning I praised the distinguished up our work in putting this package to- the votes to force the President to chairman of the Committee on Appro- gether. At about 1:00, we commu- change policy, and so we are now try- priations, Mr. OBEY. He knows that I nicated what that package was to the ing to produce a responsible alter- have the utmost respect for him and minority staff on the Appropriations native. his work. He is very, very diligent, and Committee. It couldn’t have been com- Let me also say, with respect to the a very, very thoughtful Member. And I municated any earlier because it argument that we are somehow playing have been privileged to serve with him wasn’t done until 12:30. One of the rea- into the hands of al Qaeda. Who played for the last more than a quarter of a sons it wasn’t done is because as late into the hands of al Qaeda? A fellow by century, as we were counting upstairs as 10:00 last night, the White House was the name of Bush. He lives in that big some of our former colleagues who are still squawking about individual provi- White House at the other end of the av- long departed, Mr. Dabo, Mr. Conte, sions in the bill. And the last time I enue. He is the guy who walked this and others. Mr. Speaker, let me say that, with looked, the White House was in Repub- country into a war he didn’t have a all due respect to my friend, I am not lican hands. clue about how to end, he didn’t have a Now, we have negotiated in good clue about the political realities in the bellyaching about the process itself. I faith. I hate this agreement. I am going region, he didn’t have a clue about am not bellyaching about what it is to vote against the major portion of what was necessary militarily to pacify that got us here. I am simply pointing to a promise that was made to this in- this agreement even though I nego- the country. He didn’t have a clue stitution; and that promise, Mr. Speak- tiated it, because I think that the about what this was going to do to our er, was that there would be 24 hours to White House is in a cloud somewhere in influence in the world. If anybody in review legislation before it is brought terms of understanding the realities in this country has weakened our influ- to the floor. And I will acknowledge Iraq. But let’s not get our nose out of ence drastically and tragically in the that when we were in the majority, we joint about the way this package was Middle East third of the world, it is the did not always provide that 24 hours. put together. occupant, the present occupant, of the We have tried in good faith to find a White House and his Republican allies But, Mr. Speaker, I would say to my friend from Wisconsin, it is not about way to put the administration’s re- who continue to support this misguided what we did, it is about what this new quest and their opponent’s position on policy on this misbegotten war. majority promised they were going to the floor on an equal footing to give ev- So, I get a little tired of people who do. And that commitment was that erybody an opportunity to vote how- produced one mess after another. I get after this laborious late-night negoti- ever they wanted on it. a little tired of people who have been ating process that included Members of ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE wrong from the start on this war. They went after the wrong country. They the other body, the White House, and The SPEAKER pro tempore. All Members of this body into the night, Members are reminded to direct their didn’t go after al Qaeda, they went after Iraq. Iraq didn’t have anything to that there would be a 24-hour oppor- remarks to the Chair. tunity for Members to look at a $119.99 The gentleman may proceed. do with 9/11. The gentleman knows billion spending measure. Mr. OBEY. As I was saying, Mr. that, unless he has a faulty memory. So I have to say that the process that Speaker, we don’t relish bringing a Only DICK CHENEY is still trying to in- led up to the creation of this is histori- package to the floor that we don’t like vent that connection, and his aim is cally the process that does bring about and that we are not going to vote for. about as bad as it is when he’s got a bipartisan agreements. The gentleman But what I especially don’t relish is the shotgun in his hand. is absolutely right, not everyone is So with all due respect, Mr. Speaker, fact that, in the process of doing so, we happy with all the measures included we have tried to produce change. We are criticized by people on the minor- in this bill. But the fact of the matter have been blocked in obtaining that ity side of the aisle who, when they is we are where we are; we have gotten were in charge, couldn’t run a two-car change by the President. We are now here under challenging circumstances. funeral in terms of the budget. trying to move ahead, on the only op- As I said, the Rules Committee ad- The gentleman claims that it has tion we have available. And the gentle- journed at 8:45 last night. At 11 o’clock taken us too long to get here. The fact man’s nose is out of joint because the we were informed that we would have is, the gentleman’s party was in con- action was completed last night too an emergency meeting at 7 o’clock this trol last year, and it took them 110 late to provide good notice. You know morning, and at 5:39 this morning it days to produce a supplemental that what? I didn’t know about a third of was made available to us. the administration requested. That is this stuff in this package until I got it 10 days longer than it took us. And we in the morning, because we made a b 1100 had to spend the first 30 days of this number of changes in response to And here we are just a few hours session passing last year’s budget be- White House requests as late as 10:00 later considering it on the House floor. cause the gentleman’s party couldn’t last night. I don’t apologize for that. Now, Mr. Speaker, I’m hoping to go get a single domestic appropriations That is what negotiating is supposed to back to Los Angeles tomorrow morn- bill through the House because of an be. ing, and I’d like to be able to do that. internal Republican Party squabble be- You can’t have it both ways. You But I’m more than willing to help this tween Republicans in the Senate and can’t squawk at us for being too late in majority comply with the promise that Republicans in the House. So that ate bringing the bill to the floor, and then they made that on all major legisla- up the first 30 days. And the rest of the squawk at us for not giving you enough tion, they would in fact provide the mi- time we have spent trying to convince notice. nority and, frankly, the majority Mem- the President to change his mind on So, with all due respect, I will take a bers with 24 hours to review the legis- the policy in Iraq. look at the record of the minority lation. And so we haven’t exactly been doing party last year when they were running And, finally, I just have to say that nothing these last 110 days. We sent a the show and couldn’t pass anything, when we hear arguments that somehow

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.017 H24MYPT1 hmoore on PRODPC68 with HMHOUSE H5734 CONGRESSIONAL RECORD — HOUSE May 24, 2007 President Bush is playing into the Mr. Speaker, this supplemental only Mr. Speaker, from the White House hands of the terrorists and responsible postpones the inevitable. After hun- to our military field commanders, ev- for where we are, Mr. Speaker, Sep- dreds of billions of dollars; after more eryone, including the Republican lead- tember 11 of 2001 changed not only the than 3,400 soldiers, marines, sailors and er of this House, has said that Sep- United States but the world. The larg- airmen have lost their lives; after near- tember is the tipping point. Well, we est most important Nation in the his- ly 1,000 U.S. defense contractors have will vote, and we will vote in Sep- tory of mankind suffered an attack the been killed; after more than 25,000 uni- tember. And we will decide, and I pray likes of which we had never seen in our formed men and women have been that we will then bring our troops Nation’s history. And so, taking on a wounded or maimed; after tens of thou- home. multi-pronged approach, dealing with, sands of American veterans returning Mr. DREIER. Mr. Speaker, may I in- as we have in both Afghanistan and in from Iraq will be suffering from the quire of the Chair how much time is re- Iraq, and we all know that Iraq is the trauma they experienced in combat for maining on each side? central front for al Qaeda, has been the rest of their lives; after hundreds of The SPEAKER pro tempore. The gen- very important. You can raise issues thousands of Iraqi men, women and tleman from California has 14 minutes like weapons of mass destruction and children have been killed and millions remaining, and the gentlelady from other items like that, but the fact of more have been traumatized by the vi- New York has 101⁄2 minutes remaining. the matter is, we are where we are olence and horror that now marks Iraqi Mr. DREIER. Mr. Speaker, with that, today. And I believe that it would be a daily life; after the destruction of I’m happy to yield 51⁄2 minutes to my horrendous mistake for us to take a towns, villages, communities, neigh- very good friend from California (Mr. retrograde step, which is exactly what borhoods and infrastructure, we still LUNGREN). those terrorists want. come back to the same place, the same Mr. DANIEL E. LUNGREN of Cali- And with that, I’m happy to yield 4 stark question. fornia. Mr. Speaker, as we sit here and minutes to my very good friend from Mr. Speaker, how and when is this listen to this debate, both on this rule Sacramento, Mr. LUNGREN. war and our military occupation of and on the 1-minutes that went before Ms. SLAUGHTER. Mr. Speaker, I be- Iraq going to end? us, one thing is passing strange. I lieve it’s my time to yield time fol- The Middle East is going up in heard my friends on the other side of lowing your speech. flames. Al Qaeda and other terrorist the aisle complain or lament that the Mr. DREIER. Mr. Speaker, I was rec- networks remain strong and intact. problem with this bill is that it does ognized, and I announced at the begin- Their recruitment is growing. Mean- not hold the President in check. We’re ning—— while, America’s standing in the world dealing with a wartime supplemental. I Ms. SLAUGHTER. Nonetheless, I has never been lower. thought the purpose of that is to hold think we do alternate. I ask each of my colleagues, when the enemy in check, not hold the Presi- Mr. DREIER. Mr. Speaker, was I out and how are we going to get out of dent of the United States in check. of order by yielding to my colleague? Iraq? When will each of us be able to I heard another Member of the other The SPEAKER pro tempore. Who tell the families in our districts that side of the aisle say, Republicans now, seeks time? their sons and daughters, fathers and you understand, you own this war. Are Ms. SLAUGHTER. I seek time. mothers, husbands and wives, brothers we trying to make a political state- Mr. DREIER. Mr. Speaker, I was in and sisters, will finally be coming control of the time. I yielded myself ment, or are we trying to help our home? troops? Are we trying to do some polit- such time as I may consume, and as I Mr. Speaker, unbelievably, the Presi- ical dance, or are we trying to stand did that, I asked that I yield to my col- dent doesn’t even want his own policy league from California. behind our troops? priorities tied to a time line for remov- I heard from the other side of the But if, in fact, the distinguished ing our troops in Iraq. He wants no ac- aisle, you Republicans are continuing Chair of the Committee on Rules wish- countability on the readiness of our this war. The enemy is continuing this es to supersede that, I will reserve the troops, or whether they are adequately war. Have we lost sight on what it is balance of my time. trained and equipped. Just show me the we’re supposed to be talking about Ms. SLAUGHTER. Mr. Speaker, I’m money. That’s all he wants. 1 here? Have we lost sight on what it is pleased to yield 4 ⁄2 minutes to the gen- Mr. Speaker, I simply can’t support tleman from Massachusetts (Mr. it. And I will vote against this blank that our troops are thinking about? Is MCGOVERN). check of a supplemental. this something where we define some- Mr. MCGOVERN. Mr. Speaker, some Mr. Speaker, let me just conclude body other than the enemy on the field might see this Iraq supplemental as a with a few words about the rule. This is as the enemy? victory for President Bush in his never- not a satisfactory conclusion to the We now have heard from the distin- ending quest to secure open-ended, un- weeks-long debate over funding the guished lady from New York that the accountable funding for his disastrous war. But the sad reality is that the surge has failed. She has joined others, policy in Iraq. If so, it is a hollow vic- Senate is too timid and the President including those in the other body from tory. too irrational. There was no one with that side of the aisle, who have made We can debate why and when our Iraq whom the House could forge a genuine the determination, not that this policy policy turned into the disaster that compromise to hold the President ac- will fail, not that it cannot succeed, plays out every day in Baghdad and countable for the lives he is willing to but they have now declared, as she has Dyala. But that debate really doesn’t sacrifice and the money he seeks and said, that the surge has failed. Perhaps matter anymore, because the Presi- move us closer to bringing our troops she should talk to General Petraeus. dent’s policy is a failure. And no home. And we do not have the votes in Perhaps she should talk to our mili- amount of funding, with or without this House, sadly, to override a veto. tary leaders in the field. I don’t ques- conditions, can fix it. The only thing Mr. Speaker, I want to thank Speak- tion her sincerity, but I would suggest that matters now is when and how we er PELOSI and Chairman OBEY for their that perhaps General Petraeus has a end this disaster, and when we bring persistence and their courage in trying better idea about what the cir- our uniformed men and women safely to end this tragic war. cumstances on the ground are. Has he home to their families and commu- The rule before us ensures that we do declared victory? No. Has he said he be- nities. not walk away from this debate or the lieves that victory is achievable? Yes. Our troops did their job. They decision to remove our troops from Has he told that to our troops time and achieved their mission. They ended the Iraq. Under this rule, the House must time again? Yes. Has he quoted the brutal reign of Saddam Hussein, and vote on removing our troops from Iraq gentlelady from New York to say to confirmed for the world that there before any further supplemental fund- our troops, as I send you out on this never were any weapons of mass de- ing can be approved for the war. mission, understand that the surge has struction. So let’s be clear. Those of us who op- already failed? No, he has not. No, he They weren’t sent to Iraq to take a pose this war will be back again and has not. bullet on behalf of the sectarian reli- again and again and again until this We hear repeated on this floor, we gious factions hellbent on civil war. war is ended. need a change in mission. We need a

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.019 H24MYPT1 hmoore on PRODPC68 with HMHOUSE May 24, 2007 CONGRESSIONAL RECORD — HOUSE H5735 change in policy. We need a change in any insurgents. Well, that was yester- increasing the overall cost of the bill leadership. day. or changing the funding distribution Mr. Speaker, I reserve the balance of b 1110 formula. Unfortunately, both of those my time. amendments were denied along party You have a new Secretary of Defense. Mr. DREIER. Mr. Speaker, at this lines. You have a new military commander. time I am very happy to yield 3 min- The work to secure a long-term ex- You have a new mission on the field. utes to my colleague from Hood River, tension and reauthorization of these And yet as it begins to unfold, what do Oregon (Mr. WALDEN). funds must continue. I will not give up. you say? What do we hear said on this (Mr. WALDEN of Oregon asked and I will not quit. I will not rest. The Con- floor by those who ask for those was given permission to revise and ex- gress will be forced to address this things? Not, let’s see if it works, the tend his remarks.) issue over and over and over again President has listened to us, we have Mr. WALDEN of Oregon. Mr. Speak- until we reach agreement on a long- the best of the best, the best warrior er, it saddens me that once again I term solution for the forested counties leader we have in our country who has have to remind my colleagues of the and keep the government’s commit- come up with this plan, who has put his current emergency occurring in my ment. imprimatur on this plan, who tells us district and throughout many counties My good friend and colleague Con- and tells the troops this plan is a plan in the rural West all because the Fed- gressman DEFAZIO and I sent a letter, for victory. eral Government has violated its prom- which I would like to put in the But no. What do we hear? ‘‘The surge ise to America’s forested communities. RECORD, on May 17 to the emergency has failed,’’ we hear uttered on this Here I have the front page of the May supplemental conferees, which was floor. ‘‘The surge has failed.’’ If you be- 17 edition of the Grants Pass Daily signed by more than 90 Members of our lieve it has failed, then why have we Courier in Josephine County. Notice Congress, 74 of which were the Demo- been fooling around with all of these the photo. It is a banner that says crat Party, asking that a 5-year solu- other things? Why don’t you just have ‘‘Sheriff Out of Service.’’ ‘‘Service jobs tion be included in the emergency sup- an up-or-down vote, get us off this slash 42 sheriff’s deputies, 28 juvenile plemental. Many conversations with funding completely, tell the troops the correctional officers among those laid Speaker PELOSI and Leader BOEHNER only thing to do is to take them home? off. Medical rescue help may be de- have made them aware of this emer- But what have we heard from the layed.’’ gency, as has a recent Presidential other side? They say, we don’t have the The last 3 years Congressman meeting that I had with Senator votes to do that, so we are going to DEFAZIO and I have been warning the WYDEN. We appreciate all the support have death by a thousand cuts. That is Congress that these are the things that for seeking a long-term solution and why it has taken us 110 days plus, be- are going to happen out in our part of will be relying on all of us to get this cause of the strategy to somehow do by the world if we don’t fix for the long done. indirection what the Constitution term the county payments issue. In My colleagues, though, we cannot won’t allow you to do by direction. Jackson County, the most populated wait any longer. More to the point, the We have heard it again and again and area of my district, all 15 public librar- people of America’s forested commu- again from the other side of the aisle. ies have closed. nities cannot wait any longer. We need Their dictionary begins with ‘‘F’’ and Now, the underlying bill has a 1-year to act for a long-term solution. the word ‘‘fail,’’ and it ends with the fix for this. It is an emergency bridge, CONGRESS OF THE UNITED STATES, word ‘‘lost.’’ You will not find in their and for that we are indeed thankful HOUSE OF REPRESENTATIVES, lexicon the words ‘‘victory’’ and ‘‘win.’’ and appreciative. But the problem con- Washington, DC, May 17, 2007. You will find only ‘‘failure’’ and ‘‘loss.’’ tinues. The 1 year does not give enough Hon. DAVID OBEY, And not that we will fail, but we have assurance to the financially strapped Chairman, Committee on Appropriations, House of Representatives, Washington, DC. heard the pronouncement from the ma- rural communities to restore the hun- Hon. ROBERT C. BYRD, jority on this floor today we have al- dreds of jobs and countless public safe- Chairman, Committee on Appropriations, U.S. ready lost. That is the message they ty services that have already been Senate, Washington, DC. are sending by their vote today, and compromised by Congress’s failure to Hon. JERRY LEWIS, they have told us what it is with an ex- have a long-term solution. As the Med- Ranking Member, Committee on Appropriations, clamation point. ford Mail Tribune editorialized today, House of Representatives, Washington, DC. Troops in the field, we sent you on a ‘‘Josephine County has laid off 42 sher- Hon. THAD COCHRAN, mission that is a mission to fail, and it iff’s deputies, ended patrols, and vir- Ranking Member, Committee on Appropriations, U.S. Senate, Washington, DC. has already failed. What a terrible mes- tually shut down its jail. Curry Coun- DEAR CHAIRMAN OBEY, CHAIRMAN BYRD, sage to send to our troops. We should ty,’’ in Congressman DEFAZIO’s dis- CONGRESSMAN LEWIS AND SENATOR COCHRAN: reject that notion. We should support trict, ‘‘which has lost 68 percent of its As you conference on the Emergency Supple- our troops. We should support this general fund, also has no sheriff’s pa- mental Appropriations bill for FY 2007 (Sup- funding. And we should stop trying to trols and has asked the National Guard plemental) to fund vital government pro- play the ‘‘gotcha’’ game here on the to provide security for coastal resi- grams, we urge you to support the Senate floor of this House. dents. Jackson County closed its li- passed language to reauthorize and fully Ms. SLAUGHTER. Mr. Speaker, I fund the Secure Rural Schools and Commu- braries and plans to lay off nine sher- nity Self-Determination Act of 2000 (P.L. yield myself 30 seconds. iff’s deputies, road workers, and other 106–393) and the Payment in Lieu of Taxes Perhaps my good friend from Cali- employees for a total of 172 positions. program (PILT). The Senate language was fornia has not heard the news. The ‘‘There are those in Washington, passed by an overwhelming vote, and identi- Pentagon has now said that we are in- D.C.,’’ the paper writes, ‘‘who will fies offsets. deed enmeshed in a civil war and we paint the 1-year extension as a great P.L. 106–393 expired at the end of Sep- now have a plan B. What we are going day for rural counties. Meanwhile, tember 2006 endangering the loss of pay- to do now is deal with insurgents so back here in Mudville, there is little ments to over 600 counties and 4400 school districts in 39 states. In addition to reau- that we can try to pacify them and get joy.’’ thorizing the Secure Rural Schools program, pockets of peace somewhere, here and So I sent to the Rules Committee the Senate passed language would further there in Iraq, never mind the Iraqi this morning two amendments that benefit these rural communities by fully Government we have been holding up would have extended the emergency funding, for the first time, the Payment in all this time. funding for years, not months. The Lieu of Taxes program, which provides gen- This may be news to him, but as far first amendment was identical to that eral funds to 49 states. Rural communities as I am concerned, the Pentagon has passed by a 75–22 vote in the Senate have relied on these programs to provide sta- really called it straight, and I consider with complete offsets for a 5-year ex- ble funding for rural schools. health care, law enforcement and other critical pro- it a break with what the White House tension. The second amendment I sub- grams. has been telling us. mitted would have extended the emer- The elimination of the Secure Rural We know the President said time and gency funding in the emergency supple- Schools and Community Self Determination again he would never negotiate with mental bill for 2 years, not 1, without Act would default on the 100 year old federal

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.020 H24MYPT1 hmoore on PRODPC68 with HMHOUSE H5736 CONGRESSIONAL RECORD — HOUSE May 24, 2007 commitment to our rural communities that more veterans’ health care. They being shot up by automatic weapons depend on these payments to keep their com- fought it all. fire, and his buddy ran out into the munities strong and stable. Fully funding Mr. WALDEN of Oregon. Mr. Speak- field of fire to rescue his friend. We PILT, for the first time ever, would provide er, will the gentleman yield? should look at our duty today as res- much needed economic stability for the rural communities that support our public lands. Mr. OBEY. I yield to the gentleman cuing our children, brothers, sisters, Please support the Senate passed reauthor- from Oregon. husbands and wives in Iraq. And if we ization language of P.L. 106–393 and full fund- Mr. WALDEN of Oregon. Mr. Speak- take hostile political fire in doing so, ing for PILT. er, I appreciate the gentleman’s work so be it. That tiny act of standing up to Sincerely, on this issue, and I realize that the last George Bush does not end up in the Peter DeFazio, Don Young, Chris Van Congress did not get it done. I com- same league of courage of those who Hollen, Charles Wilson, Leonard Bos- plained about that at the time and are serving in Iraq who take real hos- well, G.K. Butterfield, Pete Stark, Earl tried everything I could to get it reau- tile fire, that need to be rescued from Pomeroy, Jon Porter, Timothy J. Walz; the incompetence of the executive Eddie Bernice Johnson, Neil Aber- thorized. crombie, Collin Peterson, Peter Welch, It passed out of the Resources Com- branch of the United States Govern- Carol Shea-Porter, Rick Boucher, Shel- mittee, as you know, and then did not ment. And it is solely the power of the ley Moore Capito, Lois Capps, John make any progress in either Chamber. U.S. Congress to do that. Conyers, Henry Cuellar; It has been a very difficult, uphill The people who established this insti- Lincoln Davis, John Doolittle, Gabrielle battle across the board to educate all tution had a very wise knowledge. Giffords, Rau´ l Grijalva, Baron Hill, of our Members about how we have got They knew someday there could be a Steve Kagen, Ron Kind, Dan Lungren, to solve this problem. If you remember President who might make bad deci- Jim Matheson, Jim Marshall; the Kim family, who were tragically sions on occasion, who might make bad Michael Michaud, Brad Miller, Grace decisions in the course of a war, and Napolitano, Devin Nunes, Solomon lost in Josephine County last year and Ortiz, Ted Poe, Vic Snyder, John Mr. Kim was later found dead, it is that is why in article I, section 8, they Spratt, Gene Taylor, Bennie G. Thomp- that county that just eliminated all vested in the U.S. Congress the power son; sheriff’s patrols. of the purse to be used in exactly these Buck McKeon, James L. Oberstar, Ed So I am not here to point blame at circumstances, to rein in a rogue Presi- Perlmutter, , David G. anybody. You have been terrific in dent who cannot seem to understand Reichert, John T. Salazar, Cathy helping us in this 1-year extension. I the reality on the ground in Iraq and McMorris Rogers, Steve Pearce, George am just saying thank you, but the big has a hallucinatory policy that is ex- P. Radanovich, Rick Renzi; posing our children to harm. This Mike Ross, Bill Sali, Bob Filner, Louie job remains because this problem does Gohmert, Doc Hastings, Wally Herger, not go away. power in section 8, the power of the Jay Inslee, Rick Larson, Doris O. Mat- Mr. OBEY. Mr. Speaker, I agree with purse, is one that is designed by the sui, Barney Frank; the gentleman. I just wish the adminis- framers of democracy for exactly these Phil Hare, Alcee L. Hastings, Darlene tration would give us as much help in circumstances. And the reason the Hooley, Sheila Jackson Lee, David solving American problems as they framers put the power of the purse to Loebsack, Jim McDermott, Michael have given us heat for not supporting rein in a rogue President is because Arcuri, Brian Baird, Shelley Berkley, their multibillion-dollar on-the-install- they understood that this is the insti- Bruce L. Braley; tution closer to the American people. Dennis Cardoza, Lincoln Davis, Jo Ann ment-plan request for Iraq. This is the People’s House. Emerson, Joe Baca, Joe Barton, Earl b 1120 Blumenauer, Corrine Brown, Donna M. And I know there’s a lot of problems Christian-Christensen, Diana DeGette, Mr. DREIER. Mr. Speaker, may I in- that none of us are geniuses on in Iraq, Bob Etheridge; quire of my very good friend from but there is one thing we know: In dif- Linda Sa´ nchez, Mike Simpson, Betty Rochester how many speakers she has ficult times in America, there is one Sutton, Mike Thompson, Greg Walden remaining and then how much time is will, one sense of absolute genius that David Wu, Heath Shuler, Bart Stupak, remaining on each side. all of us should follow, and that is the Ellen Tauscher, Mark Udall, Maxine Ms. SLAUGHTER. Mr. Speaker, I will of the American people, the joint, Waters, Members of Congress. have one other besides myself. commonsense consensus. From the Ms. SLAUGHTER. Mr. Speaker, I The SPEAKER pro tempore. The gen- cornfields of the Midwest to the coast- yield 2 minutes to the gentleman from tlewoman from New York has 8 min- lines, there is a common consensus Wisconsin (Mr. OBEY). utes and the gentleman from California that we need a change in policy in Iraq, Mr. OBEY. Mr. Speaker, let me sim- has 6 minutes remaining. and the only way we will get it, the ply say, in response to the comments Mr. DREIER. I will reserve the bal- only way that common sense of the from the gentleman, that given what ance of my time, then. American people will be followed is to he prefers to see in this bill on this Ms. SLAUGHTER. Mr. Speaker, I am vote ‘‘no’’ on this today. We can be subject, we are very lucky to have the pleased to yield 4 minutes to the gen- united in understanding that. And 1-year fix at all because the White tleman from Washington (Mr. INSLEE). when we do so, we will follow the Con- House opposed not only the long-term (Mr. INSLEE asked and was given gresses of the past who on at least five fix, but the short-term fix as well. permission to revise and extend his re- occasions have used the constitutional I would also point out that it was marks.) power of the purse to insist on a last year’s Congress that allowed the Mr. INSLEE. Mr. Speaker, we can- change. program to expire in the first place and not, we should not, and we must not And I will say this. In the Constitu- never managed to get around to finding give President George Bush a blank tion, this organization here is given the offsets that would have enabled the check to squander the lives of our chil- the power to declare war. And we also committee to provide this package dren and the dollars of our constitu- have the power to end a war. Presi- long term. ents in Iraq. We should not give him a dents do not have the authority to So I recognize the legitimacy of the blank check today, we should not give fight wars in perpetuity. There is no gentleman’s concern, but I want to him a blank check next week, and we way that Congress would ever give that point out that I think that given the should not give him a blank check authority. And today using the power resistance of the White House to any- ever. The days of giving him a blank of the purse, a constitutional tool, we thing except money for the Iraqi oper- check to make repeated incompetent should stand up for the will of the ation and a tiny portion of our obliga- decisions in Iraq must be stopped and American people and fulfill our rescue tion for Katrina, with those two excep- they should be stopped today by voting mission for our sons and daughters in tions, the White House resisted every ‘‘no’’ on this supplemental. Iraq and vote ‘‘no’’ on this supple- single effort made by us to deal with And the inspiration for doing that mental bill. any problem, whether it was Western should come from our proud men who Mr. DREIER. Mr. Speaker, it is my schools, whether it was kids getting are serving in Iraq. I heard a story a understanding that my friend from knocked off health-care rolls, or few weeks ago about a fellow who had Rochester is just going to close the de- whether it was the need to provide his buddy shot by a sniper, he was bate on her side.

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A24MY7.009 H24MYPT1 hmoore on PRODPC68 with HMHOUSE May 24, 2007 CONGRESSIONAL RECORD — HOUSE H5737 Ms. SLAUGHTER. I am. vened, the Rules Committee convened. but I just wanted to bring something to Mr. DREIER. Then I will yield myself And so that does concern me. the attention of the gentleman from the balance of the time on our side. And so, Mr. Speaker, I am going to be California. How much time is that, Mr. Speaker? urging my colleagues to vote against He mentioned that the time stamp on The SPEAKER pro tempore. Six min- the previous question so that I may the proposition he received was 6:31 utes, sir. amend the rule to allow Members to p.m. last night. That was one of only Mr. DREIER. Thank you very much, offer motions to strike earmarks which two packages. That time stamp refers Mr. Speaker. are undoubtedly going to come to the to the time at which the legislative Let me begin by saying that I do attention of Members the longer that counsel got this copy to the staff. The have the utmost respect for the distin- this agreement is available. staff still had to read it, to check it guished Chair of the Committee on Ap- Mr. Speaker, I ask unanimous con- out, to make certain it did what it was propriations and, of course, for my sent that the text of my amendment supposed to do. And that was on the Chair, the gentlewoman from Roch- and extraneous material be printed in easiest package, that was on the Presi- ester (Ms. SLAUGHTER). And I under- the CONGRESSIONAL RECORD just prior dent’s package. And everybody knows stand that there is great sincerity on to the vote on the previous question. what the President’s request was and their part in this quest here and I un- The SPEAKER pro tempore. Is there what the Warner amendment is. derstand there is a desire to ensure objection to the request of the gen- The time stamp on the other package that we have a process that works. I tleman from California? is 9:30 p.m. last night. What that means will just make a couple of comments There was no objection. is that you have over 200 pages, which on process here and some concerns that Mr. DREIER. Mr. Speaker, let me we got from legislative counsel, and I have and then I have some other re- just say, finally, we are going into this the staff had to read every page of that marks on the overall issue of the war. Memorial Day weekend. I have the to make certain, again, that it did We have gone through, as we know, honor of participating in seven Memo- what it was intended to do, and to four incarnations of this attempt and rial Day events on Monday in southern make sure that, among other things, it now 110 days that has really prevented California, and I will be meeting with reflected the changes that had been de- us from making sure that we have had family members. manded by the White House at the an opportunity to get the funding nec- Just yesterday, I met with the moth- same time. essary for our troops. Through that er of a young man, Mr. Colnot, who Mr. DREIER. Will the gentlewoman process, Democrats and Republicans lost his life over a year ago in Iraq. She yield? alike have regularly said they don’t said to me just yesterday afternoon, Ms. SLAUGHTER. I yield to the gen- want to do anything to prevent funding ‘‘It is absolutely essential that we com- tleman from California. Mr. DREIER. I thank my friend for from getting to our troops. And I re- plete our mission.’’ spect that. Again, Members on both yielding. I have regularly pointed to another I would simply say, Mr. Speaker, sides of the aisle have pointed that out, one of my constituents whose son paid Mr. Speaker. But we all know that that if in fact we were going to see the ultimate price. A man called Ed compliance with this 24-hour request, from the outset, the President made it Blecksmith’s son, J.P., died over 2 clear that he was going to veto any- 1 the 9:38 time stamp that is on this years ago, 2 ⁄2 years ago, on the famous measure, the 6:30 time stamp that is on thing that established an artificial November battle of Fallujah. timeline which he, and I agree with the other, the domestic spending meas- him, concluded would be a prescription b 1130 ure would have in fact allowed us to for admitting defeat. And so he was And repeatedly Mr. Blacksmith has consider this measure on the floor on very strong on that and unwavering. said to me, ‘‘You must complete this Friday, which is really what should So we’ve gotten to the point where mission or my son, J.P., will have died have happened as we proceeded with we are at this moment, and that point in vain.’’ that. is we have a 213-page package that is So, Mr. Speaker, as we go into this Mr. OBEY. Will the gentlewoman before us. My good friend from Wis- Memorial Day weekend, I thank God yield? consin said that I was bellyaching that we are going to pass this measure Ms. SLAUGHTER. I will yield 30 sec- about the process, and I will say again that will be providing the essential onds to Mr. OBEY to respond. Mr. OBEY. Mr. Speaker, with all due to my colleagues, I’m not complaining support for our troops, so that General respect, the gentleman has criticized about what took place in the hours David Petraeus and the new leadership, us for taking too much time to bring leading up to the consideration of this with a new strategy to deal with uncer- this to the floor, and he is now sug- package. This is my 27th year here and tainty, will have the hope of victory. gesting that we delay it. That is like I understand that negotiations among There is no guaranteed success, but falling off both sides of the same horse the Senate, the House and the White there is a hope for victory because this at the same time. House are challenging and can often go is a struggle which is going to continue Mr. DREIER. If the gentlewoman will into the night. The only point that I on and on and on as long as there are yield. am making, Mr. Speaker, is that as we people out there who are going to try Ms. SLAUGHTER. I will yield 30 sec- look at this process of having this 213- to do us in, to kill us, and to change onds. page measure before us, we were prom- our way of life. Mr. DREIER. I thank the gentle- ised by the new majority that we would So, Mr. Speaker, I urge a ‘‘no’’ vote woman for yielding. be given 24 hours before consideration on the previous question so that I can Mr. Speaker, all I’m saying is that of major legislation here on the House offer my amendment. And if by chance we were promised a 24-hour oppor- floor. And, as I said, and I am really we are not successful on that, I urge tunity for Members of both the Demo- somewhat confused on this because, I my colleagues to vote against this rule cratic and the Republican Parties to would say to my friend from Wisconsin, because of the unfair process that we have a chance to review this measure. I look at the time stamp on this. The have. But if in fact the rule does pro- And I believe that having gone 110 time stamp on the measure that we are ceed, I urge everyone, in a bipartisan days, that allowing for a review with voting on is 9:38 p.m. last night. Yet he way, to support the very important potential earmarks and other items in said that he was negotiating into the measure that will allow us to support here is the responsible thing to do be- night, 1 o’clock in the morning. I our troops and allow them to complete cause that is the promise that was mean, I didn’t follow all of the incarna- their mission. made to this institution at the begin- tions of this, but I do know that we re- Mr. Speaker, with that, I yield back ning of the 110th Congress. ceived this at 5:39 this morning, and the balance of my time. The SPEAKER pro tempore. The gen- that was less than an hour and a half Ms. SLAUGHTER. Mr. Speaker, I tlewoman from New York is recognized before the Rules Committee was sched- yield 1 minute to the Chair of the com- to close. uled to convene at its 7 a.m. meeting mittee (Mr. OBEY) to respond. Ms. SLAUGHTER. Mr. Speaker, I this morning. And then we had it made Mr. OBEY. Mr. Speaker, I am sorry would urge a ‘‘yes’’ vote on the pre- public at about the time our group con- to interfere with the gentlelady’s time, vious question and on the rule.

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.024 H24MYPT1 hmoore on PRODPC68 with HMHOUSE H5738 CONGRESSIONAL RECORD — HOUSE May 24, 2007 The material previously referred to ment and further debate.’’ (Chapter 21, sec- enforcement of lobbying laws and regula- by Mr. DREIER is as follows: tion 21.2) Section 21.3 continues: Upon rejec- tions, and for other purposes. The first read- tion of the motion for the previous question ing of the bill shall be dispensed with. All AMENDMENT TO H. RES. 438 OFFERED BY REP. on a resolution reported from the Committee points of order against consideration of the DREIER OF CALIFORNIA on Rules, control shifts to the Member lead- bill are waived except those arising under At the end of the resolution, add the fol- ing the opposition to the previous question, clause 9 or 10 of rule XXI. General debate lowing: who may offer a proper amendment or mo- shall be confined to the bill and shall not ex- SEC. 5. Notwithstanding any other provi- tion and who controls the time for debate ceed one hour equally divided and controlled sion of this resolution, after conclusion of thereon.’’ by the chairman and ranking minority mem- the period of debate on the motion to concur Clearly, the vote on the previous question ber of the Committee on the Judiciary. After in the Senate amendment, it shall be in on a rule does have substantive policy impli- general debate the bill shall be considered order for any Member to offer a motion to cations. It is one of the only available tools for amendment under the five-minute rule. It strike any provision of the amendment num- for those who oppose the Democratic major- shall be in order to consider as an original bered one in the Rules Committee report ac- ity’s agenda and allows those with alter- bill for the purpose of amendment under the companying the resolution, which is asserted native views the opportunity to offer an al- five-minute rule the amendment in the na- that would specifically benefit an entity, ternative plan. ture of a substitute recommended by the State, locality, or Congressional district. Committee on the Judiciary now printed in Any such motion shall be separately debat- Ms. SLAUGHTER. Madam Speaker, I yield back the balance of my time, and the bill. The committee amendment in the able for 30 minutes equally divided and con- nature of a substitute shall be considered as trolled by the proponent and an opponent. I move the previous question on the read. All points of order against the com- resolution. mittee amendment in the nature of a sub- (The information contained herein was The SPEAKER pro tempore. The stitute are waived except those arising under provided by Democratic Minority on mul- question is on ordering the previous clause 9 or 10 of rule XXI. Notwithstanding tiple occasions throughout the 109th Con- question. clause 11 of rule XVIII, no amendment to the gress.) The question was taken, and the committee amendment in the nature of a THE VOTE ON THE PREVIOUS QUESTION: WHAT Speaker pro tempore announced that substitute shall be in order except those IT REALLY MEANS the ayes appeared to have it. printed in part B of the report of the Com- This vote, the vote on whether to order the Mr. DREIER. Mr. Speaker, on that I mittee on Rules. Each such amendment may be offered only in the order printed in the re- previous question on a special rule, is not demand the yeas and nays. merely a procedural vote. A vote against or- port, may be offered only by a Member des- The yeas and nays were ordered. ignated in the report, shall be considered as dering the previous question is a vote The SPEAKER pro tempore. Pursu- against the Democratic majority agenda and read, shall be debatable for the time speci- a vote to allow the opposition, at least for ant to clause 8 of rule XX, further pro- fied in the report equally divided and con- the moment, to offer an alternative plan. It ceedings on this question will be post- trolled by the proponent and an opponent, is a vote about what the House should be de- poned. shall not be subject to amendment, and shall not be subject to a demand for division of the bating. f Mr. Clarence Cannon’s Precedents of the question in the House or in the Committee of House of Representatives, (VI, 308–311) de- PROVIDING FOR CONSIDERATION the Whole. All points of order against such scribes the vote on the previous question on OF H.R. 2317, LOBBYING TRANS- amendments are waived except those arising the rule as ‘‘a motion to direct or control the PARENCY ACT OF 2007 AND PRO- under clause 9 or 10 of rule XXI. At the con- consideration of the subject before the House VIDING FOR CONSIDERATION OF clusion of consideration of the bill for being made by the Member in charge.’’ To H.R. 2316, HONEST LEADERSHIP amendment the Committee shall rise and re- defeat the previous question is to give the port the bill to the House with such amend- AND OPEN GOVERNMENT ACT OF ments as may have been adopted. Any Mem- opposition a chance to decide the subject be- 2007 fore the House. Cannon cites the Speaker’s ber may demand a separate vote in the ruling of January 13, 1920, to the effect that Ms. CASTOR. Mr. Speaker, by direc- House on any amendment adopted in the ‘‘the refusal of the House to sustain the de- tion of the Committee on Rules, I call Committee of the Whole to the bill or to the mand for the previous question passes the up House Resolution 437 and ask for its committee amendment in the nature of a control of the resolution to the opposition’’ substitute. The previous question shall be immediate consideration. considered as ordered on the bill and amend- in order to offer an amendment. On March The Clerk read the resolution, as fol- 15, 1909, a member of the majority party of- ments thereto to final passage without inter- fered a rule resolution. The House defeated lows: vening motion except one motion to recom- the previous question and a member of the H. RES. 437 mit with or without instructions. opposition rose to a parliamentary inquiry, Resolved, That at any time after the adop- SEC. 3. During consideration of H.R. 2317 or asking who was entitled to recognition. tion of this resolution it shall be in order to H.R. 2316 pursuant to this resolution, not- Speaker Joseph G. Cannon (R-Illinois) said: consider in the House the bill (H.R. 2317) to withstanding the operation of the previous ‘‘The previous question having been refused, amend the Lobbying Disclosure Act of 1995 question, the Chair may postpone further the gentleman from New York, Mr. Fitz- to require registered lobbyists to file quar- consideration of either bill to such time as gerald, who had asked the gentleman to terly reports on contributions bundled for may be designated by the Speaker. yield to him for an amendment, is entitled to certain recipients, and for other purposes. SEC. 4. Subparagraph (3)(Q) of clause 5(a) of the first recognition.’’ All points of order against consideration of rule XXV is amended to read as follows: Because the vote today may look bad for the bill are waived except those arising ‘‘(Q) Free attendance at an event per- the Democratic majority they will say ‘‘the under clause 9 or 10 of rule XXI. The amend- mitted under subparagraph (4).’’. vote on the previous question is simply a ment in the nature of a substitute rec- b 1140 vote on whether to proceed to an immediate ommended by the Committee on the Judici- vote on adopting the resolution . . . [and] ary now printed in the bill, modified by the The SPEAKER pro tempore. The gen- has no substantive legislative or policy im- amendment printed in part A of the report of tlewoman from Florida (Ms. CASTOR) is plications whatsoever.’’ But that is not what the Committee on Rules accompanying this recognized for 1 hour. they have always said. Listen to the defini- resolution, shall be considered as adopted. Ms. CASTOR. Mr. Speaker, for the tion of the previous question used in the The bill, as amended, shall be considered as purpose of debate only, I yield the cus- Floor Procedures Manual published by the read. All points of order against the bill, as tomary 30 minutes to the gentleman Rules Committee in the 109th Congress, amended, are waived. The previous question from California (Mr. DREIER). All time (page 56). Here’s how the Rules Committee shall be considered as ordered on the bill, as yielded during consideration of this described the rule using information form amended, to final passage without inter- rule is for debate only. Congressional Quarterly’s ‘‘American Con- vening motion except: (1) one hour of debate gressional Dictionary’’: ‘‘If the previous equally divided and controlled by the chair- GENERAL LEAVE question is defeated, control of debate shifts man and ranking minority member of the Ms. CASTOR. Mr. Speaker, I ask to the leading opposition member (usually Committee on the Judiciary; and (2) one mo- unanimous consent that all Members the minority Floor Manager) who then man- tion to recommit with or without instruc- have 5 legislative days within which to ages an hour of debate and may offer a ger- tions. revise and extend their remarks and in- mane amendment to the pending business.’’ SEC. 2. Upon the adoption of this resolu- sert extraneous materials into the Deschler’s Procedure in the U.S. House of tion, the Speaker may, pursuant to clause Representatives, the subchapter titled 2(b) of rule XVIII, declare the House resolved RECORD. ‘‘Amending Special Rules’’ states: ‘‘a refusal into the Committee of the Whole House on The SPEAKER pro tempore. Is there to order the previous question on such a rule the state of the Union for consideration of objection to the request of the gentle- [a special rule reported from the Committee the bill (H.R. 2316) to provide more rigorous woman from Florida? on Rules] opens the resolution to amend- requirements with respect to disclosure and There was no objection.

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.027 H24MYPT1 hmoore on PRODPC68 with HMHOUSE May 24, 2007 CONGRESSIONAL RECORD — HOUSE H5739 Ms. CASTOR. Mr. Speaker, I yield of crimes during their tenure, includ- Through this legislation we will also myself such time as I may consume. ing bribery, conspiracy and perjury. increase civil and criminal penalties Mr. Speaker, the resolution provides This new Congress took that direct for failure to comply with lobbying dis- for consideration of H.R. 2317, the Lob- action to change the culture of Con- closure requirements. And it does bying Transparency Act of 2007, and gress at a time when Members of the much, much more. H.R. 2316, the Honest Leadership and previous Congress were pleading guilty Mr. Speaker, we must continue to Open Government Act of 2007. to living off gifts they had received fight for high ethical standards in gov- The resolution provides that H.R. from lobbyists in exchange for votes ernment to end the culture of corrup- 2317 is to be considered under a closed and earmarks. Through our bold and tion in Washington so that our neigh- rule, with 1 hour of debate equally di- expanding ethics package, this new bors and folks we represent know they vided and controlled by the Committee Congress is tackling the cozy relation- can count on us to stand up for them on the Judiciary. The rule waives all ships between lobbyists and law- against powerful special interests and points of order against the bill and its makers. trust that congressional Members work consideration, except for those arising Next, Mr. Speaker, these bills that in the public interest. under clauses 9 and 10 of rule XXI. we will consider today, the one for Mr. Speaker, I reserve the balance of The resolution also provides for con- open government and honest leadership my time. sideration of H.R. 2316, the Honest and transparency in lobbying, and this Mr. DREIER. Mr. Speaker, I yield Leadership and Open Government Act rule, provide rigorous new require- myself such time as I may consume. of 2007, under a structured rule. The ments for lobbyist disclosure and en- (Mr. DREIER asked and was given rule provides 1 hour of general debate, forcement of lobbying laws and regula- permission to revise and extend his re- equally divided and controlled by the tions. marks.) chairman and ranking minority mem- Mr. Speaker, we don’t adopt reforms Mr. DREIER. Mr. Speaker, I would ber of the Committee on the Judiciary. for reform’s sake alone. We adopt these like to begin by expressing my appre- The rule waives all points of order reforms and we fight for change be- ciation to my very good new friend cause it matters to our constituents against the bill and its consideration, from Tampa (Ms. CASTOR) for yielding except those arising under clauses 9 or and our neighbors back home. me the customary 30 minutes, and to For over a year I have been sitting 10 of rule XXI. congratulate her on her statement that down with seniors trying to work The rule makes in order and provides she has just provided. But, Mr. Speak- through the disaster of Medicare part the appropriate waivers for five amend- er, I rise to reluctantly oppose this D that was crafted in the last Congress. ments, three by Democratic Members Fortunately, this bill adds a House rule rule. and two by Republican Members. This bill has lots of problems, and I Mr. Speaker, I urge strong support prohibiting Members and senior staff from negotiating future employment or understand the problems on the other for the Honest Leadership and Open salaries and requires public recusal of side of the aisle. I am very happy to see Government Act of 2007 and the Lob- Members on any matters where there the distinguished Chair of the Com- bying Transparency Act as well and may be a conflict of interest. mittee on the Judiciary, my very good this rule. You see, Mr. Speaker, that Medicare friend JOHN CONYERS, here. The Honest Leadership and Open part D that is so costly and confusing It was just a year ago, it was just a Government Act continues the new di- to our seniors and puts all the benefit year ago this month, that we were on rection charted by this new Congress on the side of HMOs and Big Pharma, the floor with our own lobbying bill, and builds upon the strongest ethics re- and puts all of the burden on our sen- and we faced many of the same prob- forms ever adopted in the United iors, was crafted by a Member of Con- lems and challenges that Chairman States Congress. gress who, shortly thereafter, after he CONYERS and others in the Democratic Last November, the Congress was re- helped write the Medicare drug bill, leadership are facing at this moment. invigorated by the election of a large went on to become the head lobbyist Trying to address the concerns that number of new Members, who were sent for PhRMA in what I think was a crass our colleagues have on this issue is a here by the American people to fight violation of the public trust. Fortu- challenge, a very challenging thing, for reform and change and to sweep nately, this bill will tackle that prob- and they have discovered the lesson aside a previous Congress that was de- lem. that I learned long ago, and that is re- fined by scandal and corruption. This bill also makes it a Federal form is very hard work. It is a constant On the first day of this new Congress, crime for Members and senior staff to work in progress. the new reform-minded Members, influence employment decisions or I was reminded by one of my staff under the leadership of Speaker NANCY practices of private entities for par- members that I had said at one point PELOSI and Rules Committee Chair tisan political gain. Some people have as we moved ahead with a reform bill, LOUISE SLAUGHTER, ushered in the called this the K Street Project. The K which I am happy to say we passed in broadest ethics and lobbying revisions Street Project was an initiative by the the last Congress, I said, when we are since the Watergate era. The ethics Republican Party to pressure Wash- done with that reform, what we need to watchdog group Public Citizen called ington lobbying firms to hire Repub- do is work on more reform. the new ethics rules sweeping in scope licans in top positions and to reward This is, again, a constant work in and a signal that the Democratic ma- loyal GOP lobbyists with access to in- progress, and will continue to be. And jority in the House appears committed fluential officials. I believe it is part of our responsibility to serious lobbying and ethics reform. The bill also requires quarterly in- to constantly look at ways in which we Those new rules include a ban on stead of semiannual disclosure of lob- can reform and improve the operations gifts from lobbyists and organizations bying reports. It requires in the age of of this institution. that employ lobbyists, a ban on trips the Internet for lobbying reports to be b 1150 that are privately funded by lobbyists filed electronically and be made avail- and organizations that employ lobby- able in a free, searchable, downloadable But if the bill that this House passed ists, prohibition on Members and staff database within 48 hours of being filed. in the last Congress was described as a flying on private corporate jets, an end It also requires the Clerk of the ‘‘sham,’’ it is very unfortunate, and Mr. to the K Street Project, and a new re- House to post travel disclosures on the CONYERS and Ms. CASTOR and others quirement that all earmarks with con- Internet. This follows the scandals of were there when I was describing this, gressional sponsors be disclosed to the Jack Abramoff. We must allow greater the very distinguished chair of the public. transparency into the trips and finan- Committee on Rules no fewer than Then 3 weeks after the adoption of cial holdings of Members of Congress. seven times when we, a year ago this that very broad and aggressive ethics Former Members of Congress took lav- month, were debating this measure, de- reform rules package, the House acted ish trips to Scotland with a lobbyist scribed the bill I had, H.R. 4975, as a again on ethics reform and stripped the that had minimal disclosure, and these ‘‘sham’’ bill. congressional pensions of Members of new provisions will bring more such I have to say, as I listen to my friend Congress who commit any of a number light to congressional disclosure forms. from Tampa (Ms. CASTOR) talk about

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.029 H24MYPT1 hmoore on PRODPC68 with HMHOUSE H5740 CONGRESSIONAL RECORD — HOUSE May 24, 2007 this bill, she was going through the account for personal use, which is what promises made by my newly minted fact that we will have disclosure on the can happen today. It is not allowed for majority colleagues. Unfortunately, Internet of travel, and she went principal campaign committee ac- the rule is unacceptable in its current through basically the provisions in- counts, but that loophole which allows form, Mr. Speaker, and I am going to cluded in H.R. 4975; it is basically the Members to transfer money from their urge its defeat. same bill. But, unfortunately, there are leadership PAC for personal use is still Mr. Speaker, I reserve the balance of a number of important provisions in- going to be allowed. And the attempt my time. cluded in H.R. 4975 that are not in- to even offer an amendment to close Ms. CASTOR. Mr. Speaker, I am very cluded in this measure. I find that to that horrendous loophole was denied. pleased to yield 41⁄2 minutes to the eth- be somewhat troubling. That is to say nothing of the other ics reformer of and my colleague For instance, while starting out with creative ideas that were summarily re- on the Rules Committee, Ms. SUTTON. a 2-year restriction on lobbying after jected by the Rules Committee major- Ms. SUTTON. Mr. Speaker, I thank Congress, the majority left that provi- ity last evening. the gentlewoman from Florida for her sion on the cutting room floor. They Mr. Speaker, if the bill which I spon- leadership on this issue and for yield- recognized, as we did, that the econom- sored last year was a sham, and as I ing me the time. ics of attracting and retaining good said the chairman of the Rules Com- Today I rise in favor of the rule and staff, they don’t work with that kind of mittee, although last night she said in favor of the Honest Leadership and restriction. But instead of retaining a she never said it, seven times it is in Open Government Act. On my first day provision which passed the House last the CONGRESSIONAL RECORD when she in office representing Ohio’s 13th Dis- year and would provide everyone with was offering her motion to recommit, trict, under the leadership of the new a degree of transparency about who if it was a sham, then this bill can only Speaker, NANCY PELOSI, I stood on the was and was not under the lobbying re- be characterized at this moment as floor of the House in support of a new striction, and I am going to offer an being ‘‘sub-sham,’’ and our efforts to ethics rules package, a rules package amendment to add that back which I raise it to the level of a mere sham that put an end to the K Street hope will be able to improve the bill. were rebuffed, unfortunately, in the Project, that ended gifts and perks and But this bill, as we have it, is not near- Rules Committee. trips, and that made a historic move Which brings me to the rule for this ly to the level of what the new major- towards cleansing the inner workings bill, Mr. Speaker. For all of the criti- ity described as a sham in the last Con- of government. cism the Republicans take for the way gress. This rules package was extraordinary we administered the House, and we While this bill provides important in its scope and its breadth, but it was hear that constantly up in the Rules new criminal penalties for lobbying only the beginning. In our fight against Committee and down here on the floor, violations, it includes nothing, abso- the climate of excess that flourished it is notable this bill makes in order lutely nothing, Mr. Speaker, to make under recent Republican leadership of fewer amendments than we did when enforcement more rigorous. this body, it is clear we must take fur- I offered an amendment in the Rules we considered our bill last year. The rule for H.R. 4975, our lobbying ther action. We must continue to eradi- Committee to add a provision which bill, made in order nine amendments. cate the pay-to-play culture that has again was included in the bill that we This year, only five amendments were pervaded and all too often undermined had passed out of this House last year made in order. And while it gives Mr. lawmaking in the Congress. which would allow the House inspector VAN HOLLEN an up-or-down vote on his We must expose and eliminate the general to randomly audit lobbying so-called bundling disclosure bill, it strings and the coziness that have re- disclosure filings and forward cases of doesn’t attach it to the lobbying bill sulted in policies by the special inter- wrongdoing to the Department of Jus- going to the Senate, making it much ests for the special interests. We must tice for prosecution. more difficult to ultimately reach pas- end the culture of corruption so we re- The majority’s answer to that pro- sage. main focused and truly tend to the peo- posal was, no, we don’t want enforce- Mr. Speaker, this rule and these bills ple’s business. ment of our bill. Enforcement is always are not unlike many of the so-called re- When I ran to represent Ohio’s 13th a challenge. We deal with that with the forms instituted in this Congress, District, I made it clear that I wanted issue of illegal immigration and a wide which means all show and no substance to go to Congress to change the way range of things. It is easy to put all whatsoever. business was being done and to restore kinds of great ideas out there, but if For instance, our Democratic friends the public trust. Safeguarding the pub- there is no enforcement, it has no teeth take credit for adopting and supposedly lic trust is not a part-time job. It must and no chance of success. That is some- improving Republican earmark disclo- always remain uppermost in our minds. thing that is very lacking in this bill. sure reforms. As Mr. FLAKE found out It requires the observation of current We had it in our lobbying reform bill just last week, when it comes to actu- rules, and it requires legislative action that passed last year, and I offered it ally trying to enforce those rules, the to cure problems that persist. as an amendment at the Rules Com- Rules Committee eliminated every ave- Today we take the next step to bring mittee. Unfortunately, my colleagues nue for a Member to bring this ques- the cleansing light of day to political in the majority on the Rules Com- tion before the House. On top of that, financial contributions and to reduce mittee rejected it. Mr. FLAKE had several amendments ad- the potential for shady lobbying prac- Mr. Speaker, last year, Mr. CASTLE dressing lobbying for earmarks. Mr. tices. added a provision on the floor requiring Speaker, none of those amendments b 1200 lobbyists to take ethics training. Is were made in order. that provision in this bill? Nope, it’s In the end, there is little in this bill This bill focuses on sanitizing the re- not. that is truly objectionable. My friend lationship that lobbyists have with Did the majority make Mr. CASTLE’s from Tampa went through and outlined Congress. It gives the American people amendment in order to consider that? the provisions included in H.R. 4975 the ability to follow the money. It in- Nope, they didn’t. that passed this House a year ago this creases the number of times per year My colleague, Dr. GINGREY, a former month with bipartisan support. Again, that lobbyists must file disclosure re- member of the Rules Committee, added there is little that is truly objection- ports, and it requires electronic filing an amendment on the floor dealing able. There is very little that is in this of these reports, making it available to with the personal leadership of PAC bill that is beyond what we had in the the American public on the Internet. funds. That was not included in the last Congress; and, unfortunately, it To increase public disclosure, we will bill, and his amendment was not made doesn’t include or even provide an op- shed needed light on the money trail in order. Last year, with bipartisan portunity to provide amendments to from lobbyists to Capitol Hill. support on the floor, we amended our include many of the items that were so This bill also requires lobbyists to bill, H.R. 4975, to say that Members important in this effort. certify that they have not provided who have leadership PACs cannot This bill takes no risk, reaches no elected Members of Congress with gifts transfer those dollars into their own heights, and falls short of the lofty or travel forbidden by the rules of the

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.031 H24MYPT1 hmoore on PRODPC68 with HMHOUSE May 24, 2007 CONGRESSIONAL RECORD — HOUSE H5741 House. This is another means to ensure pleasure in the rare instance that we took exception to calling Mr. DREIER of that the past practice of special inter- can find some common ground. The California’s H.R. 4975 a sham bill. It ests using gifts and perks to woo legis- rule on this bill is one of those rare oc- was not a sham bill, and we have taken lators is truly coming to an end. casions. In fact, Speaker PELOSI and I many of the things out of that bill and When lobbying laws and congres- completely agree when it comes to her have brought them to H.R. 2316 which sional rules are violated, the American public statements on the need for an we’re observing. people suffer. They suffer in policy, and open debate on lobbying reform. ‘‘We So we think that we all agree on both they suffer in spirit. They are cheated urge you to immediately bring to the sides of the aisle that we have one big out of their right to proper representa- floor, under an open rule that permits problem. The Congress has a black eye tion. The action we are taking today unrestricted amendments and debate in terms of ethics, and we want to cor- provides for greater punishment for the on the wide-ranging reform provisions rect it. We’re agreed? Okay. We check violation of these laws by those who contained in the Honest Leadership that one off. are willing to betray the public trust. and Open Government Act of 2006.’’ Now, how do we correct it? Well, the When Americans went to the polls Madam Speaker, those were your one way that you will never correct it last November, they sent a clear mes- words on February 9 of last year, but, in the 110th Congress is to vote down sage that they’re concerned about the Madam Speaker, I’m hearing a dif- this rule this afternoon, because if you state of government. I have long be- ferent tune these days. Your words are vote down this rule this afternoon, lieved that what people truly want different than your actions. Very dif- there will be nothing to meet the Sen- from their Representative is someone ferent, I might say. ate bill, which has already passed in who understands their concerns and We should be debating this bill today January. They have been waiting for who will strive to do all that they can under an open rule that you urged that February, March, April, end of May, on their behalf. The American people permits unrestricted amendments and and now all of us who are concerned want to know that we are here for debates. Unfortunately we won’t. about fighting corruption, fighting for them, not for lobbyists, not for special There were 48 amendments offered to better ethics, fighting for trans- interests, not for self-interests. They the Rules Committee. Only five were parency, fighting for basic disclosure deserve nothing less. allowed to be offered here on the floor now say on that side, let’s vote down Today, thanks to an amendment today. I submitted one of those 43 the rule. And do what I would ask? made in order by this rule, we also amendments that the Democrat leader- What do you have in mind that we take action to bring much-needed ship didn’t want to hear on, didn’t haven’t done now? transparency to the practice of lobby- want to have a debate on, and my Mr. DREIER. Mr. Speaker, will the ists’ bundling of campaign contribu- amendment would require Members of gentleman yield? tions. The American people deserve to Congress to make an accurate disclo- Mr. CONYERS. I yield to the gen- know the source of campaign contribu- sure of their financial holdings, includ- tleman from California. tions, as well as the sometimes lengthy ing their personal residence. We’ve Mr. DREIER. Mr. Speaker, I thank and roundabout paths that these cam- seen in recent Washington scandals the my very dear friend for yielding, and I paign contributions travel before they results of this loophole that allows would simply say the reason we’re call- are placed into the hands of candidates. ing for a ‘‘no’’ vote on the rule is that Our bill gives the American people a Members to hide ownership of prop- we should allow us to get to what I, as window into the lobbying practices and erties. This is a bad thing, and we we now know, affectionately describe fund-raising activities by requiring the should close that loophole. Unfortunately, the Democrat leader- what the former minority leadership disclosure of bundled contributions col- ship didn’t allow us to have this debate called the sham level. We need to at lected by lobbyists for candidates. This Democratic Congress is working here today on that important amend- least get up to the level, and I’m very to restore and ensure the trust of our ment. They’re allowing it to stay open. appreciative of the remarks that my constituents. One step was the elimi- Another quick point. The American friend has offered characterizing, I nation of soft money, the next step the people should realize that we’re debat- think correctly, my bill. House rules package. We can’t stop ing essentially a watered-down version, Mr. CONYERS. I thank my friend for there. as my colleague from California said, helping me out there, because what we In closing I just want to say, as a new mem- of the lobbying bill that Republicans will have done, and there are some in ber of Congress, Mr. Speaker, how very hon- offered last Congress. Only eight Demo- the media that are predicting that this ored I am to have been given the awesome crats voted for that tougher bill to re- is what’s going to happen, that we’re opportunity and responsibility to represent the form rogue lobbying practices; 192 going to abandon all of the work that people of the thirteenth district of Ohio. Every voted no. we have put into this measure. And I’m day, I cherish the trust that they have placed Mr. Speaker, does the Democrat hy- looking still after a number of decades in me to do all that I can on their behalf. I pocrisy know no bounds? Does it? At for the Member who can concede that know that others in this body feel just as the time, they said the bill didn’t go he’s voted on the perfect bill in the leg- strongly as I do about their own constituents. far enough. We realize they’re singing a islative process. We must pass this bill to restore the hope and different tune, a tone-deaf tune, Mr. But if we abandon this at this course, live up to the promise that those we have Speaker, and I urge the defeat of this months behind schedule, we’re sending been sent to serve have placed in us. Our rule so we can have an open debate on a perfectly obvious message to the constituents must know and it must be true, lobbying reform. American people; namely, that this is that it is they that are always uppermost in our Ms. CASTOR. Mr. Speaker, I am very the sham that is working on the Con- hearts and minds as we carry out our respon- honored to yield as much time as he gress. sibilities. I am pleased to support this rule, this may consume to the gentleman from We’ve got to get this rule going. I’m bill, and the amendment to disclose the bun- Michigan (Mr. CONYERS), the chairman happy that our colleague, the former dling of campaign contributions. I respectfully of the House Judiciary Committee. chairman of Rules, said nothing about urge my colleagues to join in passing them. Mr. CONYERS. Mr. Speaker, I want the amendments that have been grant- I urge the passage of the rule, the bill to thank the gentlewoman from Flor- ed by the committee in which he and the amendment on bundling. ida (Ms. CASTOR) who is floor manager worked so hard over the years. We’ve Mr. DREIER. Mr. Speaker, we’re all for this important bill. got amendments. Some are Republican reformers today, and at this time I’m And I want to thank the gentle- amendments, some are Democratic very happy to yield 2 minutes to a woman from Ohio (Ms. SUTTON) for the amendments, but for goodness sake, great reformer from Cherryville, North great work she, and I include the let’s keep our promises to the Amer- Carolina (Mr. MCHENRY). former chairman of the Rules Com- ican people. Mr. MCHENRY. Mr. Speaker, I thank mittee, they have done in trying to We campaigned on this. We said we my colleague from California for yield- bring about reform in the House of can improve the transparency and the ing. Representatives and in the Congress as rules regulating lobbyists, regulating The Speaker and I are on opposite a whole. I mean it. I was up there yes- bundling, regulating reporting, increas- sides of most issues, so I take great terday, and I was one of the ones that ing the penalties. We’ve said all of this

VerDate Aug 31 2005 06:47 May 25, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.033 H24MYPT1 hmoore on PRODPC68 with HMHOUSE H5742 CONGRESSIONAL RECORD — HOUSE May 24, 2007 and put it in in as perfect form as we anybody. But there was one PAC called course, even though there might be can do here. Searchlight PAC that, in 2006, raised $2 earmarks, and have been in a few of the b 1210 million. Do you know how much of bills already this year. Now we have that money was spent on helping an- heard that the plan is to take the ap- We need now to get something to go other Member run for a Federal office propriation bills through the House to conference. I pledge to be open to in that particular PAC’s party? process and into the conference process suggestions, as I have all along the $300,000. That means $1.7 million of without any earmarks, and simply air way. We’ve got to keep our promises, that PAC’s money was spent in some drop the earmarks during the con- and the promises start with voting the personal way. I don’t know if it was ference process. rule to begin the debate. Now, you may dishonest, but we have to stop this sort This is not more sunlight. This is ac- have differences in the debate but cer- of thing. tually keeping earmarks secret until tainly not on moving forward from this Really, I am shocked that this it’s too late to do anything about it. No elementary process. amendment was not made in order. Lis- amendments can be offered during the I thank the gentlelady, the floor ten to this letter that was sent to conference process, so it will be impos- manager, for allowing me to bring Speaker HASTERT last year when my sible for anybody to challenge any of these matters up at this point. former Chairman DREIER worked on what will be thousands and thousands Mr. DREIER. Mr. Speaker, I yield 4 lobbying ethics reform. Here is the let- and thousands of earmarks in the bill. minutes to a former member of the ter. ‘‘The House of Representatives is This is not better. This is far worse Rules Committee, our good friend from supposed to be a marketplace of ideas, than we have had before. Marietta, Georgia (Mr. GINGREY). and any debate in open government Let me just speak specifically to this Mr. GINGREY. I thank my friend and must not restrict the discussion of seri- legislation and some of the failings. I former chairman, Mr. DREIER, for ous proposals . . . I am calling on you offered an amendment which would get yielding. to use your authority as Speaker to di- rid of the so-called Abramoff exemp- I rise in strong opposition to this rect the Rules Committee to report an tion. Few people are probably aware, but public universities, or lobbyists rule to H.R. 2316. The Honest Leader- unrestricted rule on lobby reform.’’ who represent public universities, or ship and Open Government Act I am Signed then-Minority Leader NANCY State and local governments, are not not opposed to. It’s the rule that I am PELOSI. required under this legislation, are not opposed to. When you have 48 amend- Ms. PELOSI obviously has changed her ments and five of them are made in mind this time around. This rule says bound by the same rules that people who lobby for a private institution are. order, this is not open government. loud and clear that this House no So what, in effect, you are saying, This is not open process. longer is a marketplace for ideas; there well, let’s just take the final four of I want to particularly, to my col- is no room in this House for full and leagues, mention the fact that I had the basketball tournament that we just unrestricted debate on open govern- had in the NCAA. There was a game be- one of those 43 amendments which were ment. That’s why I am standing in op- not made in order. And I think if we tween Xavier University and Ohio position, not to the bill, but to the State. If you were a lobbyist for Xavier really wanted meaningful reform in an rule. We could have made this bill so open government, that this amendment University, you couldn’t take a Mem- much better if we had allowed these ber to the game. But if you were a lob- clearly would have been made in order, amendments, such as mine, to be made we would have had an opportunity on byist for Ohio State University, you in order. could treat your Member of Congress, the floor of this House to debate it. I ask my colleagues, as former Chair- your favorite Member or anybody you No, it’s not in the Senate version. If man DREIER said, to oppose this rule. wanted to, to a $400 ticket. That’s the it doesn’t get in the House version, Ms. CASTOR. Mr. Speaker, I reserve then, clearly, it’s not going to come difference. the balance of my time. Now, are we to assume that if you are out of conference. Mr. DREIER. Mr. Speaker, I yield 4 lobbying for a private institution, that What this amendment basically says minutes to the leader on the issue of you are somehow inherently suspect, is that Members, either Republicans or earmark reform, the gentleman from but if you are lobbying for a public in- Democrats, House or Senate, in a lead- Mesa, (Mr. FLAKE). stitution, you are not? That’s the di- ership position that formed these Mr. FLAKE. I thank the gentleman things known as leadership PACs, can- chotomy here. for yielding. This bill is referred to as This amendment was not sprung on not convert that money at any time, the Honest Leadership and Open Gov- the majority as some kind of a gotcha but especially when they leave this ernment Act. I am pained to say there amendment. I took this to the Demo- place, to their personal use. is precious little of either of it in this crat leadership earlier this year and Now we did that, or a former Con- bill. said, please, can we work together and gress, I think, back in the early 1990s, The previous speaker mentioned that get rid of this loophole? But we didn’t. said Members cannot retire from this the voters were aware of the needs that The amendment was offered in good body and go home with seven figures existed here in Congress, and the ma- faith, and it was rejected. Why are we worth of money in their campaign ac- jority party paid the price in Novem- doing this? Why do we allow, right counts. For those who are not paying ber. I fully agree with that. I wasn’t now, if Jack Abramoff were still attention, seven figures is over $1 mil- quiet on that subject in the last Con- around, he could still, under these cur- lion. gress. rent rules that we are going to enact A lot of Members, back then in the I was overjoyed to see that the today, Jack Abramoff could treat early 1990s, decided since they were not Democrats came in in January, and not Members at the Capital Grille to a big going to be able to do that after a date that they came in in January; but steak dinner. We shouldn’t be doing certain, they retired so they could go when they did, they actually enacted this. home and spend that money and buy a earmark reform that I felt was a little The Jack Abramoff incident is what new vacation home or fancy auto- stronger than what we had done a few precipitated a lot of these reforms. I’m mobile or whatever. months previous. Having said that, glad it did. But the problem is, Jack Since then, what’s happened is Mem- then we go to where we are today Abramoff represented public institu- bers have formed these leadership where we rolled back a lot of those pro- tions, State and local government, ter- PACs. It’s not just leadership Members; tections that were there or simply ig- ritories. I believe he collected about in fact, any Member can form a leader- nored them. $6.7 million from the government of ship PAC. So I am not saying that the The rules that you put in place are Saipan. With that, he could continue to money that they use out of those PACs only as good as your willingness to en- do what he did before under these is improperly or dishonestly spent, but force them. We just heard this past rules, and we should put a stop to it. the temptation is there. week that the earmark rules simply I want to give you an example of just are going to be ignored. If a bill comes b 1220 one. I have 10 listed in my official re- to the floor, and if it is certified to Mr. DREIER. Mr. Speaker, will the marks. I am not here to embarrass have no earmarks, we have no re- gentleman yield?

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.035 H24MYPT1 hmoore on PRODPC68 with HMHOUSE May 24, 2007 CONGRESSIONAL RECORD — HOUSE H5743 Mr. FLAKE. I yield to the gentleman hearing, no consideration whatsoever. Mr. DREIER. Mr. Speaker, may I in- from California. A piecemeal attempt to do this. quire of the Chair how much time is re- Mr. DREIER. Mr. Speaker, I would Now, Mr. Speaker, on the 29th of maining on each side? And then I just like to clarify this once again, if I March, nearly 2 months ago, the mi- would like to ask my colleague, she in- might. nority leader, Mr. BOEHNER, sent a let- dicated she was the last speaker a few So a private institution is not al- ter to the Speaker asking that she deal minutes ago, and then Mr. DOGGETT lowed to provide any kind of meal or with these important questions which joined us. support, tickets or things like that, impact every single Member of this in- The SPEAKER pro tempore (Mr. but a public institution is able to? stitution with a bipartisan panel. Mr. CAPUANO). The gentleman from Cali- Mr. FLAKE. That is correct. Let me Speaker, I am saddened to inform the fornia has 81⁄2 minutes; the gentle- take the example from right at home House that Minority Leader BOEHNER woman from Florida has 113⁄4 minutes. where I am. The University of Phoenix has gotten no response to that letter Ms. CASTOR. Mr. Speaker, I will re- can take me to dinner, but they can’t that was sent nearly 2 months ago. So serve the balance of my time until the buy even a cheeseburger. But Arizona that is why we are concerned about gentleman has closed for his side. State University right next door can this process. Mr. DREIER. So the gentlewoman is buy me a seven-course meal. They can Yes, the bill itself is one which in- the last speaker? fly me wherever. There are no gift rule cluded so much of what I was proud to Ms. CASTOR. That is correct, Mr. problems there. So private institutions include in H.R. 4975; does not get to Speaker. are treated differently than public in- that level. But I am urging opposition Mr. DREIER. Mr. Speaker, the gen- stitutions. to this rule, as is Mr. FLAKE, as was Dr. tlewoman is on her feet and so I would Mr. DREIER. So that won’t be GINGREY and others of my colleagues, actually like to engage her in a col- changed under this bill that we are so that we can try and improve this in loquy, if I might, and ask some ques- considering right now. Am I correct in a bipartisan way. tions. I would be more than happy to concluding that? Mr. Speaker, I reserve the balance of yield to my friend from Tampa. Mr. FLAKE. That is correct. It would my time. I am very concerned about the rami- Ms. CASTOR. Mr. Speaker, I am have been a very simple amendment fications of this measure, and I talked pleased to yield 11⁄2 minutes to my col- simply to get rid of what I call the about the concern that I have over this league from Texas (Mr. DOGGETT). Abramoff exemption, but that amend- issue of charitable events, and that ment was rejected by the Rules Com- Mr. DOGGETT. Mr. Speaker, for over five years I have attempted to close a this item was in a piecemeal way stuck mittee for no reason. Like I said, it gaping loophole in the Lobby Disclo- into this rule, and I raised the issue of wasn’t a ‘‘gotcha’’ amendment. This sure Act that has permitted various the letter. was offered to the Democratic leader- lobbyists to form over 800 stealth or Mr. Speaker, I submit for printing in ship earlier this year. They simply hidden coalitions to avoid the require- the RECORD a copy of the letter that don’t want to change the rule. ments of the act. That effort had been was sent by Mr. BOEHNER to my Cali- Mr. DREIER. Mr. Speaker, I yield met with nothing but indifference. Fi- fornia colleague Speaker PELOSI. Mr. myself such time as I may consume to nally we now have a new Congress and Speaker, the reason I do that is that simply say to my friend, the example a new direction. there has been no response to this of allowing a public institution to pro- Under the legislation Mr. CONYERS nearly 2-month-old letter; and I hope vide meals and tickets and all kinds of offers today, we incorporate the provi- that maybe someone on the Speaker’s things while a private institution can- sions of that Stealth Lobbyist Disclo- staff will read the CONGRESSIONAL not do that underscores the fact that sure Act. Here is how it works: A lob- RECORD and see this request for a truly this issue needs to be addressed in a byist for an unpopular cause, like those bipartisan approach to this issue. broad bipartisan way. who would avoid their taxes by re- CONGRESS OF THE UNITED STATES, Now, in the exchange that I had with nouncing their American citizenship HOUSE OF REPRESENTATIVES, the distinguished Chair of the Com- and moving abroad, or by those who Washington, DC, March 29, 2007. mittee on the Judiciary upstairs, he would deny climate change, instead of Hon. NANCY PELOSI, was happy to give it back over to us at Speaker of the House, U.S. Capitol, indicating who they actually represent, Washington, DC. the Rules Committee. We should have those lobbyists claim they represent a had an original jurisdiction hearing on DEAR SPEAKER PELOSI: The American peo- ‘‘coalition’’ of two or more individuals ple have every right to expect the highest a wide range of these issues that have and avoid any indication of the true ethical standards here in the people’s House. not been addressed. In the last Con- parties in interest. Yet, less than three months into the 110th gress, we held four original jurisdiction When deep-pocketed interests spend Congress it has become clear that House eth- hearings on this issue. This year there big money to influence public policy, ics rules are hopelessly broken. Members on have been none. the public has a right to know. Even a both sides of the aisle are understandably So I think that the point that my little light can do a lot of good. If frustrated because they know you can’t friend from Mesa is making, very cor- wealthy interests want legislators to ‘‘clean up Congress’’ with confusing rules that are as difficult to comply with as they rectly, is that he made a bipartisan at- sing their tune, the public has a right tempt to the new majority leadership are to enforce. to know who is paying the piper. It is equally clear that until the ethics to try and address this and was Of course, President Harry Truman rules are repaired through a genuinely bipar- rebuffed. said, ‘‘The buck stops here.’’ But with tisan process, they will continue to lack the Everyone has recognized, I believe, stealth lobbying we don’t know where credibility needed to ensure broad compli- certainly on our side of the aisle, and ‘‘here’’ is or whose buck it is. ance, effective enforcement and widespread we did so when we were in the major- This stealth lobbyist disclosure pro- public acceptance. ity, that the issue of reform needs to be vision helps close this loophole. The As you know, sweeping changes to House done in a bipartisan way. I know that bill amends the definition of ‘‘client’’ ethics rules imposed at the start of this Con- on the Judiciary Committee, Mr. gress were drafted in secret by the incoming to require the disclosure of the mem- Majority without consulting either the Mi- SMITH, the ranking member, has bers of a coalition or association so nority or the staff of the nonpartisan Ethics worked with Chairman CONYERS; but that a small number of people or cor- Committee. The new rules were then there are many of the rest of us who porations can no longer operate under rammed through the House with no oppor- have been involved in this issue of re- a shell group and destroy the intent of tunity to carefully analyze the proposals or form who I believe should have been our lobby disclosure laws. Combining to improve them in any way. The con- consulted, especially in light of a num- ‘‘wealth’’ with ‘‘stealth’’ is a recipe for sequences of this ill-considered approach are ber of provisions that were included; unaccountable government. now being felt by Members and staff on both and, in fact, one provision which is ab- After years of indifference, we have a sides of the aisle: A staffer may attend an evening reception solutely outrageous, no hearing what- new Congress dedicated to open govern- hosted by a corporation and consume soever, it was literally snuck into this ment and the pursuit of the public in- shrimp, champagne, sliced filet and canape´s bill, dealing with the question of Mem- terest. This rule and this legislation . . . but may not accept a slice of pizza or a bers attending charitable events. No should be approved. $7 box lunch provided by the very same

VerDate Aug 31 2005 06:47 May 25, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.044 H24MYPT1 hmoore on PRODPC68 with HMHOUSE H5744 CONGRESSIONAL RECORD — HOUSE May 24, 2007 corporation at a policy briefing the next day. This latter incident underscores the folly pensation.’’ Those are the three words [see Ethics Committee ‘‘pink sheet’’, Feb 6, of Democrats rushing to unilaterally impose that we had in there. 2007 (pp. 4–5)] complicated and contradictory new rules on Although Members and staff may play in a the House, and then denying an entirely rea- Now, I would like to inquire of my $1,000 per person charity golf tournament to sonable joint request by the Chairman and friend from Tampa why it was in this benefit a local scholarship fund, they are Ranking Republican of the Ethics Com- measure that they went from ‘‘negotia- prohibited from similarly helping the Amer- mittee for the additional resources the panel tion for compensation’’ to simply ‘‘ne- ican Red Cross raise funds for Katrina vic- needs to carry out its added responsibilities gotiation.’’ And the reason I say that is tims by playing in its golf tournament—sole- to Members. a very sincere one. ly because the Red Cross employs lobbyists. Sadly, Democrat leaders straining to le- [see Ethics Committee ‘‘pink sheet’’, Jan 19, gitimize their campaign rhetoric have in- The question naturally comes to 2007 (p. 7)] stead left Members—on both sides of the mind, now, the gentlewoman from In order to go on a ‘‘first date’’ with some- aisle—more vulnerable than ever to vio- Tampa is new here and obviously not one who happens to be a lobbyist, a staffer lating rules that are hard to define, riddled prepared to leave at this point. But must agree to pay for his or her full share of with logical inconsistencies, and utterly un- there are people, Mr. Speaker, who the lunch or dinner, as well as anything else likely to prevent the sort of abuses that have of value, such as a movie, concert or properly sparked so much public outrage. may have been here for a while and ballgame. [see Ethics Committee ‘‘pink After all, few of the ‘‘Culture of Corrup- people have decided they wanted to ap- sneet’’, Feb 6, 2007 (p.2)] tion’’ violations by Duke Cunningham and proach them. A Member may accept $200 tickets for the Bob Ney—or alleged violations by William Is it negotiation if it is simply said Final Four from Ohio State (public univer- Jefferson and Alan Mollohan—would have to that person, ‘‘Gosh, we’d like you to sity), but not $20 tickets to a preseason game been prevented had the recently passed eth- from Xavier University (private university). ics changes been in effect last year. consider going to work for us’’? And so [see Gifts & Travel, House Ethics Com- Rather, the principled path to a more eth- I am wondering if my friend might de- mittee, April 2000 (p. 37)] ical Congress is through clearcut, common fine this term ‘‘negotiation’’ for us. A Member may accept a $15 t-shirt or $20 sense rules that are widely communicated And I am happy to yield to the distin- hat from the Farm Bureau, but not a $12 mug and firmly enforced. And, as you and your guished manager of this rule. or mouse pad. Similarly, a $4 latte is OK— fellow Democrat leaders argued so persua- but a $4 sandwich is not. [see Ethics Com- sively during the last Congress, the process Ms. CASTOR. Well, my interest, Mr. mittee ‘‘pink sheet’’, Feb 6, 2007 (p. 5)] of developing those rules must be trans- Speaker, is keeping this legislation on A Member who has his own airplane is pro- parent and genuinely bipartisan. track. The American people spoke loud hibited from flying it for any purpose—offi- To that end, I ask that you join me in ap- and clear in November. They called on cial, campaign or personal—even at his own pointing a bipartisan working group tasked us to fight for reform and change. expense. [see Ethics Committee letter to with analyzing House ethics rules—and rec- Rep. Stevan Pearce, Feb 16, 2007] ommending fair, sensible and understandable Mr. DREIER. Mr. Speaker, if I might A staffer invited to a post-season barbecue revisions that working group members be- reclaim my time. And I do so to simply for her daughter’s soccer team may not at- lieve would improve both compliance and en- say, I was posing a question to my col- tend once she learns that it will be held in forcement. league, not asking for a campaign the home of a player whose father is a lob- As with the Livingston-Cardin ethics task speech on what the American people byist. [see Ethics Committee ‘‘pink sheet’’, force in 1997, the working group should be led Feb 6, 2007 (p. 2)] sent us to do here in November. The by co-chairs and evenly divided between ma- fact is, Democrats and Republicans Although a Member may not accept dinner jority and minority members. I propose that from a lobbyist who uses his own funds or it consist of six to eight members, including alike are committed to reform. I am those of his firm, he may accept dinner from a member of the ethics committee from each very proud of the record we have had the very same lobbyist using a credit card party (but neither its chairman nor ranking on reform, and I am honored to have provided by his state or local government minority member), one elected leader from had it praised by the distinguished clients. [see clause 5(a)(3)(O) of House Rule each party, and one or two additional Mem- Chair of the Committee on the Judici- XXV] bers from each side of the aisle. ary. A corporate executive who is not a lobbyist I further propose that we direct the work- may not use his expense account to take a ing group to report back its recommenda- The question that I have is a very Member out to dinner, but may—in many tions no later than July 1, 2007 to allow time specific one: Why in this legislation did cases—take the same Member to dinner for the House to consider its proposed revi- we go from the utilization of three using his personal funds. [see Ethics Com- sions to the Rules of the House prior to the words, ‘‘negotiation for compensa- mittee ‘‘pink sheet’’, Feb 6, 2007 (p. 3)] August recess. A Member may not take a privately-funded tion,’’ to this open-ended question of Madam Speaker, I have been encouraged trip if a lobbyist accompanies him to and simply ‘‘negotiation’’? by recent public statements made by you from Washington; but the same Member may and members of your staff noting your desire I would be happy to further yield to spend five days in Brussels discussing global to correct evident problems with several of my friend to elucidate us on that. warming with environmental group lobby- the new rules. Thus, I hope you will commit ists—as long as none of them are on the to work constructively with me to ensure Mr. CANTOR. I thank my colleague same flights to and from the meeting. [see that any revisions to the Code of Conduct very much. I recall the sessions I have Ethics Committee ‘‘pink sheet’’, March 14, and other House rules are imbued with the had with seniors back home in Florida 2007 (p. 2)] sort of credibility that you have often point- trying to work through the morass of It’s no surprise that Members deeply com- ed out can only result from a thoroughly bi- mitted to following the rules are confused Medicare part D. partisan effort. and concerned by the current state of dis- Sincerely, Mr. DREIER. Mr. Speaker, if I could array in the House. reclaim my time. My question, and I Making matters worse, the chaos inflicted JOHN A. BOEHNER, Republican Leader. will pose it again to my colleague from on Members and staff by careless (or worse) Tampa. The issue of negotiation for Democrat rule writers has now infected the Mr. Speaker, I would simply ask my legislative process as well. For example, con- colleague from Tampa to describe a Members of Congress, the debate that fusion over the proper application of con- term that is in this bill. we are having now is not about the gressional earmark rules has made it pos- Now, one of the questions out there is message that was sent last November, sible for Democratic leaders to certify as that Members of Congress are often ap- it is not about Medicare part D. It is a ‘‘earmark free’’ a multi-billion dollar Con- question about the issue of lobbying tinuing Resolution that any knowledgeable proached by people and considered for employment beyond their service in and ethics reform in this institution. observer will confirm was laden with them. And obviously my colleague doesn’t Moreover, the failure of the House Ethics this institution. Now, in H.R. 4975, we Committee to provide official guidance to were very specific in saying that when really have an answer to this question. Members seeking to comply with newly negotiation for compensation, and What it does do is it underscores the adopted earmark ‘‘conflict of interest’’ rules those are the exact words that we used fact that it is absolutely essential that until after the deadline fix submission of in H.R. 4975, are included in the bill, we deal with this issue in a responsible, earmark requests had expired has unneces- then there has to be a letter to the bipartisan way to try to bring about sarily disrupted the FY08 appropriations process by delaying for more than a month Committee on Standards of Official some kind of resolution in here. And so processing of many Member earmark re- Conduct stating that that negotiating I am very, very troubled with the way quests, and complicated efforts to make the process has begun. So we had that that this has been handled in a piece- earmark process more transparent. exact term of ‘‘negotiating for com- meal way.

VerDate Aug 31 2005 06:47 May 25, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A24MY7.019 H24MYPT1 hmoore on PRODPC68 with HMHOUSE May 24, 2007 CONGRESSIONAL RECORD — HOUSE H5745 b 1230 benefit our communities and our coun- the House of Representatives. While these re- And so, Mr. Speaker, it is true that try, and not some powerful special in- forms represented the most significant ethics the effort is a valiant one. I congratu- terest with undue influence. and lobbying revisions in decades, we prom- late and praise those who have been in- Unfortunately, there has been a price ised that this would be just the first step in volved in it. And as I said in my open- to pay for the culture of corruption. ending the cozy relationships between Con- ing remarks, it’s very clear that reform You can see it when you gas up at the gress and special interest lobbyists. Today we is a work in progress. And we need to pump. Big Oil has gotten millions and take the next important step. do more on the issue of reform. It’s just billions in tax breaks, while people The Honest Leadership and Open Govern- that this bill is nowhere near the level that we represent pay higher gas ment Act H.R. 2316 mandates quarterly dis- of the bill that was passed under the prices. And in Florida, the big oil com- closure of lobbying reports; ends the K Street Republican Congress. And I will say, I panies have been granted a right to Project of Members and staff influencing em- hope very much this institution will drill off our beautiful coastline. ployment decisions of private entities for par- pass a bill that is even better than the You can see it when our seniors are tisan political gain; increases disclosure of lob- one that I was privileged to author in pushed into privatized Medicare. The byists’ contributions to lawmakers; and estab- the 109th Congress. And I believe that HMOs get a slush fund, and seniors pay lishes an online, searchable public database we could do better than we did in the more for health care. of lobbyist disclosure information. 109th Congress. It’s just that this meas- You can see it when students and One of the most important provisions of this ure, after all of this talk of reform, their families pay more for student lobbying reform package is the Lobbying after all of this talk about the message loans because of sweetheart deals. The Transparency Act, H.R. 2317. This legislation sent last November, falls short of special interests get tax breaks, and requires a registered lobbyist who also serves where we were in the last Congress, our kids pay off higher debt. as a fundraiser to disclose the campaign and that’s why we are very troubled by Mr. Speaker, today we will keep our checks that he or she solicits or ‘‘bundles.’’ this. promise to the American people to When lobbyists also act as campaign fund- Mr. Speaker, I’m going to urge my fight for change and reform. When our raisers, a possible conflict of interest arises, colleagues to vote ‘‘no’’ on the previous neighbors and the folks back home making it all the more necessary to allow for question, so that when we succeed in send us to Washington, they rightly ex- greater public awareness as to their actions defeating the previous question, I will pect their representatives to act in the and treatment. be able to make in order an amend- public interest and not in the interest Reforming the way that lobbyists and Mem- ment that was offered that specifically of well-paid lobbyists with undue influ- bers of Congress do business is the right thing provides greater disclosure and trans- ence. to do not only because it will help to restore parency and accountability which, I urge my colleagues to build on the the trust of the American people in their insti- again, are the three buzz words that strongest ethics reform ever adopted in tution of Congress, but also because doing so are used around here: transparency, the Congress, what we started on day has a very real impact in putting the power disclosure and accountability. one in this new Congress. back into the hands of the public. If, in fact, a Member is asking for an I urge a ‘‘yes’’ vote on the previous I urge my colleagues to join me in sup- earmark, if a Member has been asked question and on the rule. porting H.R. 2316 and H.R. 2317. for an earmark by a lobbyist, under the Mrs. MALONEY of New York. Mr. Speaker, The material previously referred to amendment that I hope that we will be I rise today in strong support of H.R. 2316, the by Mr. DREIER is as follows: able to make in order, that Mr. FLAKE Honest Leadership and Open Government AMENDMENT TO H. RES. 437 OFFERED BY REP. has propounded and unfortunately it Act, and H.R. 2317, the Lobbying Trans- DREIER OF CALIFORNIA was rejected by the Rules Committee, parency Act. At the end of the resolution, add the fol- it would simply require that lobbying As the Jack Abramoff scandal made abun- lowing: entity to disclose the fact that they dantly clear, the way that business has been SEC. 4. Notwithstanding any other provi- sion of this resolution, the amendment print- have, in fact, made that in order. conducted in Washington during the past few years needs to change. Congress already has ed in section 4 shall be in order to H.R. 2316 Mr. Speaker, I ask unanimous con- as though printed as the last amendment in sent that I be able to, just before the taken important steps to reduce the influence part B of the report of the Committee on vote on the previous question, have of lobbyists, and the legislation that we are Rules if offered by Representative Flake of printed in the CONGRESSIONAL RECORD a considering today will implement additional Arizona or his designee. That amendment detailed explanation of the amendment necessary reforms. These reforms include shall be debatable for 30 minutes equally di- that would require that lobbyists who closing the revolving door between the legisla- vided and controlled by the proponent and an make a request of a Member, that they tive branch and post-employment lobbying, in- opponent. SEC. 4. The amendment referred to in sec- call for an earmark to be made, that creased reporting requirements, including for bundled campaign contributions, and greater tion 4 is as follows: that information be made public. I be- Page 13, line 3, strike ‘‘Section 5(b)’’ and lieve that that, in and of itself, is a public access to lobbying reports and disclo- insert ‘‘(a) GIFTS.—Section 5(b)’’. very, very modest but responsible sure information. Page 13, insert after line 18 the following: thing that needs to be done in this ef- The issue of openness in government is crit- (b) REQUESTS FOR CONGRESSIONAL EAR- fort to ensure greater transparency and ical to our democracy. The American people MARKS.—Section 5(b)(2)(A) of the Lobbying disclosure. should have faith that their representatives in Disclosure Act of 1995 (2 U.S.C. 1604(b)(2)(A)) The SPEAKER pro tempore. Is there Congress are responding to their needs and is amended by striking ‘‘bill numbers’’ and inserting the following: ‘‘bill numbers, re- objection to the request of the gen- not acting in the interests of those trying to buy influence. quests for Congressional earmarks (as de- tleman from California? fined in clause 9(d) of rule XXI of the Rules There was no objection. I also want to commend Chairman CONYERS of the House of Representatives for the One Mr. DREIER. So, with that, Mr. and the Judiciary Committee for including lan- Hundred Tenth Congress),’’. Speaker, I urge a ‘‘no’’ vote on the pre- guage in the bill to clarify that H.R. 2316 does vious question. not infringe upon the first amendment or pro- (The information contained herein was Mr. Speaker, I yield back the balance hibit any activities currently protected by the provided by Democratic Minority on mul- of my time. free speech, free exercise, or free association tiple occasions throughout the 109th Con- Ms. CASTOR. Mr. Speaker, I urge clauses. gress.) adoption of the Honest Leadership and I urge my colleagues to support this legisla- THE VOTE ON THE PREVIOUS QUESTION: WHAT Open Government Act and the Lob- tion. IT REALLY MEANS bying Transparency Act and this rule. Mr. LEVIN. Mr. Speaker, I rise in strong This vote, the vote on whether to order the Citizens deserve open and honest lead- support of H.R. 2316, the Honest Leadership previous question on a special rule, is not ership. We must stay on track with and Open Government Act, as well as H.R. merely a procedural vote. A vote against or- lobbying reform. And after the scan- dering the previous question is a vote 2317, the Lobbying Transparency Act. against the Democratic majority agenda and dals in past years, we will continue the When the new Democratic Congress con- a vote to allow the opposition, at least for fight for reform and change so that the vened on January 4, our first action was the the moment, to offer an alternative plan. It American people trust that Members of approval of a sweeping package of changes to is a vote about what the House should be de- Congress are making decisions that restore the integrity and fiscal responsibility of bating.

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.048 H24MYPT1 hmoore on PRODPC68 with HMHOUSE H5746 CONGRESSIONAL RECORD — HOUSE May 24, 2007 Mr. Clarence Cannon’s Precedents of the Ms. CASTOR. I object. Schiff Spratt Walz (MN) House of Representatives, (VI, 308–311) de- The SPEAKER pro tempore. Objec- Schwartz Stark Wasserman scribes the vote on the previous question on Scott (GA) Stupak Schultz tion is heard. Scott (VA) Sutton Waters the rule as ‘‘a motion to direct or control the Serrano Tanner consideration of the subject before the House Mr. DREIER. Thank you very much, Watson Mr. Speaker, and thanks to my col- Sestak Tauscher Watt being made by the Member in charge.’’ To Shea-Porter Taylor leagues for their consideration. Waxman defeat the previous question is to give the Sherman Thompson (CA) Weiner Shuler Thompson (MS) opposition a chance to decide the subject be- The SPEAKER pro tempore. The Welch (VT) Sires Tierney fore the House. Cannon cites the Speaker’s question is on ordering the previous Wexler Skelton Towns ruling of January 13, 1920, to the effect that Wilson (OH) question. Slaughter Udall (CO) ‘‘the refusal of the House to sustain the de- The question was taken; and the Smith (WA) Udall (NM) Woolsey mand for the previous question passes the Speaker pro tempore announced that Snyder Van Hollen Wu control of the resolution to the opposition’’ Solis Vela´ zquez Wynn in order to offer an amendment. On March the ayes appeared to have it. Space Visclosky Yarmuth 15, 1909, a member of the majority party of- Mr. DREIER. Mr. Speaker, on that I NAYS—195 fered a rule resolution. The House defeated demand the yeas and nays. the previous question and a member of the The yeas and nays were ordered. Aderholt Frelinghuysen Neugebauer opposition rose to a parliamentary inquiry, Akin Gallegly Nunes The SPEAKER pro tempore. Pursu- Alexander Garrett (NJ) asking who was entitled to recognition. Paul ant to clause 8 and clause 9 of rule XX, Bachmann Gerlach Pearce Speaker Joseph G. Cannon (R–Illinois) said: this 15-minute vote on ordering the Bachus Gilchrest Pence ‘‘The previous question having been refused, previous question on House Resolution Baker Gillmor Peterson (PA) the gentleman from New York, Mr. Fitz- Barrett (SC) Gingrey Petri gerald, who had asked the gentleman to 437 will be followed by 5-minute votes Bartlett (MD) Gohmert Pickering yield to him for an amendment, is entitled to on adoption of House Resolution 437, if Barton (TX) Goode Pitts the first recognition.’’ ordered; ordering the previous question Biggert Goodlatte Platts Bilbray Granger Because the vote today may look bad for on House Resolution 438; and the adop- Poe Bilirakis Graves Porter the Democratic majority they will say ‘‘the tion of House Resolution 438, if or- Bishop (UT) Hall (TX) vote on the previous question is simply a Price (GA) dered. Blackburn Hastert Pryce (OH) vote on whether to proceed to an immediate The vote was taken by electronic de- Blunt Hastings (WA) Putnam vote on adopting the resolution . . . [and] Boehner Hayes Ramstad has no substantive legislative or policy im- vice, and there were—yeas 224, nays Bonner Heller Regula plications whatsoever.’’ But that is not what 195, not voting 13, as follows: Bono Hensarling Rehberg they have always said. Listen to the defini- Boozman Herger Reichert [Roll No. 415] Boustany Hobson tion of the previous question used in the Renzi YEAS—224 Brady (TX) Hoekstra Reynolds Floor Procedures Manual published by the Brown (SC) Hulshof Abercrombie Ellison Rogers (AL) Rules Committee in the 109th Congress, Lowey Brown-Waite, Inglis (SC) Ackerman Ellsworth Rogers (KY) (page 56). Here’s how the Rules Committee Lynch Ginny Issa Allen Emanuel Rogers (MI) Mahoney (FL) Buchanan Jindal described the rule using information from Altmire Eshoo Ros-Lehtinen Maloney (NY) Burgess Johnson (IL) Congressional Quarterly’s ‘‘American Con- Andrews Etheridge Roskam Markey Burton (IN) Johnson, Sam gressional Dictionary’’: ‘‘If the previous Arcuri Farr Royce Marshall Buyer Jones (NC) Baca Fattah Ryan (WI) question is defeated, control of debate shifts Matheson Calvert Jordan Baird Filner Sali to the leading opposition member (usually Matsui Camp (MI) Keller Baldwin Frank (MA) Saxton the minority Floor Manager) who then man- McCarthy (NY) Campbell (CA) King (IA) Barrow Giffords Schmidt ages an hour of debate and may offer a ger- McCollum (MN) Cannon King (NY) Bean Gillibrand Sensenbrenner McDermott Cantor Kingston mane amendment to the pending business.’’ Becerra Gonzalez Sessions McGovern Capito Kirk Deschler’s Procedure in the U.S. House of Berkley Gordon Shadegg McIntyre Carter Kline (MN) Representatives, the subchapter titled Berman Green, Al McNerney Castle Knollenberg Shays Berry Green, Gene ‘‘Amending Special Rules’’ states: ‘‘a refusal McNulty Chabot Kuhl (NY) Shimkus Bishop (GA) Grijalva to order the previous question on such a rule Meehan Coble LaHood Shuster Bishop (NY) Gutierrez [a special rule reported from the Committee Meek (FL) Cole (OK) Lamborn Simpson Blumenauer Hall (NY) on Rules] opens the resolution to amend- Meeks (NY) Conaway Latham Smith (NE) Boren Hare Melancon Crenshaw LaTourette Smith (NJ) ment and further debate.’’ (Chapter 21, sec- Boswell Harman Michaud Cubin Lewis (CA) Smith (TX) tion 21.2) Section 21.3 continues: Upon rejec- Boucher Hastings (FL) Miller (NC) Culberson Lewis (KY) Souder tion of the motion for the previous question Boyd (FL) Herseth Sandlin Miller, George Davis (KY) Linder Stearns Boyda (KS) Higgins on a resolution reported from the Committee Mitchell Davis, David LoBiondo Sullivan Brady (PA) Hill on Rules, control shifts to the Member lead- Mollohan Davis, Tom Lucas Tancredo Braley (IA) Hinchey ing the opposition to the previous question, Moore (KS) Deal (GA) Lungren, Daniel Terry Brown, Corrine Hinojosa who may offer a proper amendment or mo- Moore (WI) Dent E. Thornberry Butterfield Hirono Moran (VA) Diaz-Balart, L. Mack Tiahrt tion and who controls the time for debate Capps Hodes Murphy (CT) Diaz-Balart, M. Manzullo Tiberi thereon.’’ Capuano Holden Murphy, Patrick Doolittle Marchant Turner Clearly, the vote on the previous question Carnahan Holt Murtha Drake McCarthy (CA) Upton Carney Honda on a rule does have substantive policy impli- Nadler Dreier McCaul (TX) Walberg Carson Hooley cations. It is one of the only available tools Napolitano Duncan McCotter Walden (OR) Castor Hoyer for those who oppose the Democratic major- Neal (MA) Ehlers McCrery Walsh (NY) Chandler Inslee ity’s agenda and allows those with alter- Obey English (PA) McHenry Wamp Clarke Israel Olver Everett McHugh Weldon (FL) native views the opportunity to offer an al- Clay Jackson (IL) Ortiz Fallin McKeon Weller ternative plan. Cleaver Jackson-Lee Pallone Feeney Mica Westmoreland Clyburn (TX) Ms. CASTOR. Mr. Speaker, I yield Pascrell Ferguson Miller (FL) Whitfield Cohen Jefferson back the balance of my time, and I Pastor Flake Miller (MI) Wicker Conyers Johnson (GA) Payne Forbes Miller, Gary Wilson (NM) move the previous question on the res- Costa Johnson, E. B. Perlmutter Fortenberry Moran (KS) Wilson (SC) Costello Kagen olution. Peterson (MN) Fossella Murphy, Tim Wolf Courtney Kanjorski Mr. DREIER. Mr. Speaker, may I ask Pomeroy Foxx Musgrave Young (AK) Cramer Kaptur Price (NC) Franks (AZ) Myrick Young (FL) the indulgence of the Chair to ask Crowley Kennedy Rahall unanimous consent if I could reclaim Cuellar Kildee Rangel NOT VOTING—13 Cummings Kilpatrick Reyes my time. I didn’t realize that my very Cardoza Engel McMorris Davis (AL) Kind Rodriguez distinguished colleague from Kentucky Cooper Rodgers Davis (CA) Klein (FL) Ross Hunter Davis, Jo Ann Oberstar was here, and he had a very important Davis (IL) Kucinich Rothman Jones (OH) DeGette Radanovich question that he wanted to pose on Davis, Lincoln Lampson Roybal-Allard Lewis (GA) Emerson Rohrabacher this, and I’d ask unanimous consent to DeFazio Langevin Ruppersberger be able to reclaim my time and yield to Delahunt Lantos Rush DeLauro Larsen (WA) Ryan (OH) b 1259 the gentleman from Kentucky. Dicks Larson (CT) Salazar The SPEAKER pro tempore (Mr. Dingell Lee Sa´ nchez, Linda Messrs. SOUDER, MCCOTTER, CAPUANO). Is there objection to the re- Doggett Levin T. NEUGEBAUER and RAMSTAD Donnelly Lipinski Sanchez, Loretta quest of the gentleman from Cali- Doyle Loebsack Sarbanes changed their vote from ‘‘yea’’ to fornia? Edwards Lofgren, Zoe Schakowsky ‘‘nay.’’

VerDate Aug 31 2005 06:47 May 25, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A24MY7.011 H24MYPT1 hmoore on PRODPC68 with HMHOUSE May 24, 2007 CONGRESSIONAL RECORD — HOUSE H5747 Ms. CORRINE BROWN of Florida Weiner Wilson (OH) Wynn NEW CLERK MAKING IMPRESSIONS changed her vote from ‘‘nay’’ to ‘‘yea.’’ Welch (VT) Woolsey Yarmuth Wexler Wu (Ms. EDDIE BERNICE JOHNSON of So the previous question was ordered. Texas asked and was given permission The result of the vote was announced NAYS—197 to address the House for 1 minute.) as above recorded. Aderholt Gallegly Nunes Ms. EDDIE BERNICE JOHNSON of The SPEAKER pro tempore. The Akin Garrett (NJ) Paul Texas. Mr. Speaker, I want to call to question is on the resolution. Alexander Gerlach Pearce the attention of all of the Members The question was taken; and the Bachmann Gilchrest Pence Bachus Gillmor Peterson (PA) that our new Clerk of the House is con- Speaker pro tempore announced that Baker Gingrey Petri tinuing to make impressions. She is on the ayes appeared to have it. Barrett (SC) Gohmert Pickering the cover of Crisis magazine for this Mr. DREIER. Mr. Speaker, on that I Bartlett (MD) Goode Pitts month, the official publication of the demand the yeas and nays. Barton (TX) Goodlatte Platts Biggert Granger Poe NAACP. And she is president of the The yeas and nays were ordered. Bilbray Graves Porter local chapter. I just thought that if The SPEAKER pro tempore. This is a Bilirakis Hall (TX) Price (GA) you don’t have a copy, she is standing 5-minute vote. Bishop (UT) Hastert Pryce (OH) right over there. The vote was taken by electronic de- Blackburn Hastings (WA) Putnam Blunt Hayes f vice, and there were—yeas 224, nays Ramstad Boehner Heller Regula Bonner Hensarling 197, not voting 11, as follows: Rehberg ANNOUNCEMENT BY THE SPEAKER Bono Herger [Roll No. 416] Reichert PRO TEMPORE Boozman Hobson Renzi YEAS—224 Boustany Hoekstra Reynolds The SPEAKER pro tempore. Without Brady (TX) Hulshof Abercrombie Gordon Moran (VA) Rogers (AL) objection, the 5-minute voting will Brown (SC) Inglis (SC) Ackerman Green, Al Murphy (CT) Rogers (KY) Brown-Waite, Issa continue. Allen Green, Gene Murphy, Patrick Rogers (MI) Altmire Grijalva Murtha Ginny Jindal There was no objection. Buchanan Johnson (IL) Rohrabacher Andrews Gutierrez Nadler Ros-Lehtinen f Arcuri Hall (NY) Napolitano Burgess Johnson, Sam Roskam Baca Hare Neal (MA) Burton (IN) Jones (NC) Royce PROVIDING FOR CONSIDERATION Baird Harman Obey Buyer Jordan Baldwin Hastings (FL) Olver Calvert Kaptur Ryan (WI) OF SENATE AMENDMENT TO H.R. Barrow Herseth Sandlin Ortiz Camp (MI) Keller Sali 2206, U.S. TROOP READINESS, Bean Higgins Pallone Campbell (CA) King (IA) Saxton VETERANS’ CARE, KATRINA RE- Becerra Hill Pascrell Cannon King (NY) Schmidt COVERY, AND IRAQ ACCOUNT- Berkley Hinchey Pastor Cantor Kingston Sensenbrenner Berman Hinojosa Payne Capito Kirk Sessions ABILITY APPROPRIATIONS ACT, Berry Hirono Perlmutter Carter Kline (MN) Shadegg 2007 Bishop (GA) Hodes Peterson (MN) Castle Knollenberg Shays Bishop (NY) Holden Pomeroy Chabot Kuhl (NY) Shimkus The SPEAKER pro tempore. The un- Blumenauer Holt Price (NC) Coble LaHood Shuster finished business is the vote on order- Boren Honda Rahall Cole (OK) Lamborn Simpson ing the previous question on House Boswell Hooley Rangel Conaway Latham Smith (NE) Resolution 438, on which the yeas and Boucher Hoyer Reyes Crenshaw LaTourette Smith (NJ) nays were ordered. Boyd (FL) Inslee Rodriguez Cubin Lewis (CA) Smith (TX) Boyda (KS) Israel Ross Culberson Lewis (KY) Souder The Clerk read the title of the resolu- Brady (PA) Jackson (IL) Rothman Davis (KY) Linder Stearns tion. Braley (IA) Jackson-Lee Roybal-Allard Davis, David LoBiondo Sullivan Brown, Corrine (TX) Ruppersberger The SPEAKER pro tempore. The Davis, Tom Lucas Tancredo Butterfield Jefferson Rush Deal (GA) Lungren, Daniel question is on ordering the previous Capps Johnson (GA) Ryan (OH) Terry Dent E. Thornberry question. Capuano Johnson, E. B. Salazar Diaz-Balart, L. Mack ´ Tiahrt This will be a 5-minute vote. Carnahan Kagen Sanchez, Linda Diaz-Balart, M. Manzullo Carney Kanjorski T. Tiberi The vote was taken by electronic de- Doolittle Marchant Carson Kennedy Sanchez, Loretta Turner Drake McCarthy (CA) vice, and there were—yeas 221, nays Castor Kildee Sarbanes Upton Dreier McCaul (TX) 199, not voting 12, as follows: Chandler Kilpatrick Schakowsky Walberg Duncan McCotter Clarke Kind Schiff Walden (OR) [Roll No. 417] Ehlers McCrery Clay Klein (FL) Schwartz Walsh (NY) English (PA) McHenry YEAS—221 Cleaver Kucinich Scott (GA) Wamp Everett McHugh Abercrombie Clyburn Gordon Clyburn Lampson Scott (VA) Weldon (FL) Fallin McKeon Ackerman Cohen Green, Al Cohen Langevin Serrano Weller Feeney Mica Allen Conyers Green, Gene Conyers Lantos Sestak Westmoreland Cooper Larsen (WA) Shea-Porter Ferguson Miller (FL) Altmire Cooper Grijalva Flake Miller (MI) Whitfield Andrews Costa Gutierrez Costa Larson (CT) Sherman Wicker Costello Lee Shuler Forbes Miller, Gary Arcuri Costello Hall (NY) Wilson (NM) Courtney Levin Sires Fortenberry Moran (KS) Baca Courtney Hare Wilson (SC) Cramer Lipinski Skelton Fossella Murphy, Tim Baird Cramer Harman Crowley Loebsack Slaughter Foxx Musgrave Wolf Baldwin Crowley Hastings (FL) Cuellar Lofgren, Zoe Smith (WA) Franks (AZ) Myrick Young (AK) Barrow Cuellar Herseth Sandlin Cummings Lowey Snyder Frelinghuysen Neugebauer Young (FL) Bean Cummings Higgins Davis (AL) Lynch Solis Becerra Davis (AL) Hill Davis (CA) Mahoney (FL) Space NOT VOTING—11 Berkley Davis (CA) Hinchey Davis (IL) Maloney (NY) Spratt Berman Davis (IL) Hinojosa Cardoza Engel McMorris Berry Davis, Lincoln Hirono Davis, Lincoln Markey Stark Davis, Jo Ann Hunter Rodgers DeFazio Marshall Stupak Bishop (GA) DeFazio Hodes DeGette Jones (OH) Oberstar Bishop (NY) Delahunt Holden Delahunt Matheson Sutton Emerson Lewis (GA) Radanovich DeLauro Matsui Tanner Blumenauer DeLauro Holt Dicks McCarthy (NY) Tauscher Boren Dicks Honda Dingell McCollum (MN) Taylor ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boswell Dingell Hooley Boucher Doggett Hoyer Doggett McDermott Thompson (CA) The SPEAKER pro tempore (during Donnelly McGovern Thompson (MS) Boyd (FL) Donnelly Inslee Doyle McIntyre Tierney the vote). Members are advised there Boyda (KS) Doyle Israel Edwards McNerney Towns are less than 2 minutes remaining on Brady (PA) Edwards Jackson (IL) Ellison McNulty Udall (CO) Braley (IA) Ellison Jackson-Lee Ellsworth Meehan Udall (NM) the vote. Brown, Corrine Ellsworth (TX) Emanuel Meek (FL) Van Hollen Butterfield Emanuel Jefferson Eshoo Meeks (NY) Vela´ zquez Capps Eshoo Johnson (GA) Etheridge Melancon Visclosky b 1308 Capuano Etheridge Johnson, E. B. Farr Michaud Walz (MN) Carnahan Farr Kagen Fattah Miller (NC) Wasserman So the resolution was agreed to. Carney Fattah Kanjorski Carson Filner Kaptur Filner Miller, George Schultz The result of the vote was announced Frank (MA) Mitchell Waters Castor Frank (MA) Kennedy Giffords Mollohan Watson as above recorded. Chandler Giffords Kildee Gillibrand Moore (KS) Watt Clarke Gillibrand Kilpatrick Gonzalez Moore (WI) Waxman A motion to reconsider was laid on Cleaver Gonzalez Kind the table.

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.051 H24MYPT1 hmoore on PRODPC68 with HMHOUSE H5748 CONGRESSIONAL RECORD — HOUSE May 24, 2007 Klein (FL) Murtha Shuler Smith (NJ) Tiahrt Weller Payne Schwartz Tierney Lampson Nadler Sires Smith (TX) Tiberi Westmoreland Perlmutter Scott (GA) Towns Langevin Napolitano Skelton Souder Turner Whitfield Peterson (MN) Scott (VA) Udall (CO) Lantos Neal (MA) Slaughter Stark Upton Wicker Pomeroy Serrano Udall (NM) Larsen (WA) Obey Smith (WA) Stearns Walberg Wilson (NM) Price (NC) Sestak Van Hollen Larson (CT) Olver Snyder Sullivan Walden (OR) Wilson (SC) Rahall Sherman Vela´ zquez Lee Ortiz Solis Tancredo Walsh (NY) Wolf Rangel Shuler Visclosky Levin Pallone Space Terry Wamp Young (AK) Reyes Sires Walz (MN) Thornberry Weldon (FL) Young (FL) Rodriguez Skelton Lipinski Pascrell Spratt Wasserman Ross Slaughter Loebsack Pastor Stupak Schultz Lofgren, Zoe Payne NOT VOTING—12 Rothman Smith (WA) Sutton Watson Lowey Perlmutter Cardoza Hunter Oberstar Roybal-Allard Snyder Tanner Watt Lynch Peterson (MN) Davis, Jo Ann Jones (OH) Pickering Ruppersberger Solis Tauscher Waxman Mahoney (FL) Pomeroy DeGette Lewis (GA) Radanovich Rush Space Taylor Weiner Maloney (NY) Price (NC) Thompson (CA) Emerson McMorris Ryan (OH) Spratt Salazar Stupak Welch (VT) Markey Rahall Thompson (MS) Engel Rodgers Marshall Rangel Sa´ nchez, Linda Sutton Wexler Tierney Matheson Reyes T. Tanner Wilson (OH) Towns b 1316 Matsui Rodriguez Sanchez, Loretta Tauscher Woolsey Udall (CO) McCarthy (NY) Ross ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Sarbanes Taylor Wu Udall (NM) McCollum (MN) Rothman Schakowsky Thompson (CA) Wynn Van Hollen The SPEAKER pro tempore (during McDermott Roybal-Allard Schiff Thompson (MS) Yarmuth ´ the vote). Members are advised 1 McGovern Ruppersberger Velazquez McIntyre Rush Visclosky minute remains in this vote. NAYS—201 McNerney Ryan (OH) Walz (MN) So the previous question was ordered. Wasserman Aderholt Gallegly Nunes McNulty Salazar The result of the vote was announced Akin Garrett (NJ) Paul ´ Schultz Meehan Sanchez, Linda Alexander Gerlach Pearce Meek (FL) T. Waters as above recorded. Watson The SPEAKER pro tempore. The Bachmann Gillmor Pence Meeks (NY) Sanchez, Loretta Bachus Gingrey Peterson (PA) Melancon Sarbanes Watt question is on the resolution. Baker Gohmert Petri Michaud Schakowsky Waxman The question was taken; and the Barrett (SC) Goode Pickering Miller (NC) Schiff Weiner Bartlett (MD) Goodlatte Pitts Miller, George Schwartz Welch (VT) Speaker pro tempore announced that Barton (TX) Granger Platts Mitchell Scott (GA) Wexler the ayes appeared to have it. Biggert Graves Poe Mollohan Scott (VA) Wilson (OH) Mr. DREIER. Mr. Speaker, on that I Bilbray Hall (TX) Porter Moore (KS) Serrano Woolsey Bilirakis Harman Price (GA) Moore (WI) Sestak Wu demand the yeas and nays. Bishop (UT) Hastert Pryce (OH) Murphy (CT) Shea-Porter Wynn The yeas and nays were ordered. Blackburn Hastings (WA) Putnam Murphy, Patrick Sherman Yarmuth The SPEAKER pro tempore. This Blunt Hayes Ramstad will be a 5-minute vote. Boehner Heller Regula NAYS—199 The vote was taken by electronic de- Bonner Hensarling Rehberg Bono Herger Aderholt Fallin Mack vice, and there were—yeas 218, nays Reichert Akin Feeney Manzullo Boozman Hobson Renzi Alexander Ferguson Marchant 201, not voting 13, as follows: Boustany Hoekstra Reynolds Bachmann Flake McCarthy (CA) [Roll No. 418] Brady (TX) Hulshof Rogers (AL) Bachus Forbes McCaul (TX) Brown (SC) Inglis (SC) Rogers (KY) Baker Fortenberry McCotter YEAS—218 Brown-Waite, Issa Rogers (MI) Barrett (SC) Fossella McCrery Abercrombie Delahunt Kennedy Ginny Jindal Rohrabacher Bartlett (MD) Foxx McHenry Ackerman DeLauro Kildee Buchanan Johnson (IL) Ros-Lehtinen Barton (TX) Franks (AZ) McHugh Allen Dicks Kilpatrick Burgess Johnson, Sam Roskam Burton (IN) Jordan Biggert Frelinghuysen McKeon Altmire Dingell Kind Royce Buyer Keller Bilbray Gallegly Mica Andrews Doggett Klein (FL) Ryan (WI) Calvert King (IA) Bilirakis Garrett (NJ) Miller (FL) Arcuri Donnelly Lampson Sali Camp (MI) King (NY) Bishop (UT) Gerlach Miller (MI) Baca Doyle Langevin Saxton Campbell (CA) Kingston Blackburn Gilchrest Miller, Gary Baird Edwards Lantos Schmidt Cannon Kirk Blunt Gillmor Moran (KS) Baldwin Ellison Larsen (WA) Sensenbrenner Cantor Kline (MN) Boehner Gingrey Moran (VA) Barrow Ellsworth Larson (CT) Sessions Capito Knollenberg Bonner Gohmert Murphy, Tim Bean Emanuel Lee Shadegg Carter Kucinich Bono Goode Musgrave Becerra Eshoo Levin Shays Castle Kuhl (NY) Boozman Goodlatte Myrick Berkley Etheridge Lipinski Shimkus Chabot LaHood Boustany Granger Neugebauer Berman Farr Loebsack Shuster Brady (TX) Graves Nunes Berry Fattah Lofgren, Zoe Clay Lamborn Coble Latham Simpson Brown (SC) Hall (TX) Paul Bishop (GA) Filner Lowey Smith (NE) Brown-Waite, Hastert Pearce Bishop (NY) Frank (MA) Lynch Cole (OK) LaTourette Conaway Lewis (CA) Smith (NJ) Ginny Hastings (WA) Pence Blumenauer Giffords Mahoney (FL) Smith (TX) Buchanan Hayes Peterson (PA) Boren Gilchrest Maloney (NY) Crenshaw Lewis (KY) Cubin Linder Souder Burgess Heller Petri Boswell Gillibrand Markey Stark Burton (IN) Hensarling Pitts Boucher Gonzalez Marshall Culberson LoBiondo Davis (KY) Lucas Stearns Buyer Herger Platts Boyd (FL) Gordon Matheson Sullivan Calvert Hobson Poe Boyda (KS) Green, Al Matsui Davis, David Lungren, Daniel Davis, Tom E. Tancredo Camp (MI) Hoekstra Porter Brady (PA) Green, Gene McCarthy (NY) Terry Campbell (CA) Hulshof Price (GA) Braley (IA) Grijalva McCollum (MN) Deal (GA) Mack Dent Manzullo Thornberry Cannon Inglis (SC) Pryce (OH) Brown, Corrine Hall (NY) McDermott Tiahrt Cantor Issa Putnam Butterfield Hare McGovern Diaz-Balart, L. Marchant Diaz-Balart, M. McCarthy (CA) Tiberi Capito Jindal Ramstad Capps Hastings (FL) McIntyre Turner Carter Capuano Herseth Sandlin Doolittle McCaul (TX) Johnson (IL) Regula McNulty Upton Castle Johnson, Sam Rehberg Carnahan Higgins Meehan Drake McCotter Walberg Chabot Jones (NC) Reichert Carney Hill Meek (FL) Dreier McCrery Walden (OR) Clay Jordan Renzi Carson Hinchey Meeks (NY) Duncan McHenry Walsh (NY) Coble Keller Reynolds Castor Hinojosa Melancon Ehlers McHugh Wamp Cole (OK) King (IA) Rogers (AL) Chandler Hirono Michaud English (PA) McKeon Waters Conaway King (NY) Rogers (KY) Clarke Hodes Miller (NC) Everett McNerney Weldon (FL) Crenshaw Kingston Rogers (MI) Cleaver Holden Miller, George Fallin Mica Weller Cubin Kirk Rohrabacher Clyburn Holt Mitchell Feeney Miller (FL) Westmoreland Culberson Kline (MN) Ros-Lehtinen Cohen Honda Mollohan Ferguson Miller (MI) Whitfield Davis (KY) Knollenberg Roskam Conyers Hooley Moore (KS) Flake Miller, Gary Wicker Davis, David Kucinich Royce Cooper Hoyer Moran (VA) Forbes Moore (WI) Davis, Tom Kuhl (NY) Ryan (WI) Costa Inslee Murphy (CT) Fortenberry Moran (KS) Wilson (NM) Deal (GA) LaHood Sali Costello Israel Murphy, Patrick Fossella Murphy, Tim Wilson (SC) Dent Lamborn Saxton Courtney Jackson (IL) Murtha Foxx Musgrave Wolf Diaz-Balart, L. Latham Schmidt Cramer Jackson-Lee Nadler Franks (AZ) Myrick Young (AK) Diaz-Balart, M. LaTourette Sensenbrenner Crowley (TX) Napolitano Frelinghuysen Neugebauer Young (FL) Doolittle Lewis (CA) Sessions Cuellar Jefferson Neal (MA) Drake Lewis (KY) Shadegg Cummings Johnson (GA) Obey NOT VOTING—13 Dreier Linder Shays Davis (AL) Johnson, E. B. Olver Cardoza Gutierrez McMorris Duncan LoBiondo Shimkus Davis (CA) Jones (NC) Ortiz Davis, Jo Ann Hunter Rodgers Ehlers Lucas Shuster Davis (IL) Kagen Pallone DeGette Jones (OH) Oberstar English (PA) Lungren, Daniel Simpson Davis, Lincoln Kanjorski Pascrell Emerson Lewis (GA) Radanovich Everett E. Smith (NE) DeFazio Kaptur Pastor Engel Shea-Porter

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A24MY7.016 H24MYPT1 hmoore on PRODPC68 with HMHOUSE May 24, 2007 CONGRESSIONAL RECORD — HOUSE H5749

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE SECTION 1. SHORT TITLE. contribution in an amount which is less than The SPEAKER pro tempore (during This Act may be cited as the ‘‘Lobbying $200; the vote). Members are advised 2 min- Transparency Act of 2007’’. ‘‘(B) the terms ‘candidate’, ‘political com- mittee’, and ‘political party committee’ have utes remain in this vote. SEC. 2. QUARTERLY REPORTS BY REGISTERED LOBBYISTS ON CONTRIBUTIONS the meaning given such terms in the Federal b 1323 BUNDLED FOR CERTAIN RECIPI- Election Campaign Act of 1971 (2 U.S.C. 431 So the resolution was agreed to. ENTS. et seq.); The result of the vote was announced (a) IN GENERAL.—Section 5 of the Lobbying ‘‘(C) the term ‘covered recipient’ means a Disclosure Act of 1995 (2 U.S.C. 1604) is Federal candidate, an individual holding as above recorded. Federal office, a leadership PAC, or a polit- A motion to reconsider was laid on amended by adding at the end the following new subsection: ical party committee; and the table. ‘‘(d) QUARTERLY REPORTS ON CONTRIBU- ‘‘(D) the term ‘leadership PAC’ means, f TIONS BUNDLED FOR CERTAIN RECIPIENTS.— with respect to an individual holding Federal ‘‘(1) IN GENERAL.—Not later than 45 days office, an unauthorized political committee REMOVAL OF NAME OF MEMBER which is associated with such individual, ex- AS COSPONSOR OF HOUSE RESO- after the end of the quarterly period begin- ning on the first day of January, April, July, cept that such term shall not apply in the LUTION 417 and October of each year, each registered case of a political committee of a political Mr. SCHIFF. Mr. Speaker, I ask lobbyist who bundles 2 or more contributions party.’’. unanimous consent that Representa- made to a covered recipient in an aggregate (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with re- tive XAVIER BECERRA be removed as a amount exceeding $5,000 for such covered re- cipient during such quarterly period shall spect to the second quarterly period de- cosponsor of H. Res. 417. Mr. BECERRA scribed in section 5(d)(1) of the Lobbying Dis- was listed as a cosponsor due to a cler- file a report with the Secretary of the Senate and the Clerk of the House of Representa- closure Act of 1995 (as added by subsection ical error. tives containing— (a)) which begins after the date of the enact- The SPEAKER pro tempore. Is there ‘‘(A) the name of the registered lobbyist; ment of this Act and each succeeding quar- objection to the request of the gen- ‘‘(B) in the case of an employee, his or her terly period. tleman from California? employer; and The SPEAKER pro tempore. Pursu- There was no objection. ‘‘(C) the name of the covered recipient to ant to House Resolution 437, the f whom the contribution is made, and to the amendment in the nature of a sub- extent known the aggregate amount of such ELECTION OF MEMBER TO COM- stitute printed in the bill, modified by contributions (or a good faith estimate the amendment printed in part A of MITTEE ON HOUSE ADMINISTRA- thereof) within the quarter for the covered TION recipient. House Report 110–167, is adopted and the bill, as amended, is considered Mr. EMANUEL. Madam Speaker, by ‘‘(2) EXCLUSION OF CERTAIN INFORMATION.— In filing a report under paragraph (1), a reg- read. direction of the Democratic Caucus, I istered lobbyist shall exclude from the report The text of the bill, as amended, is as offer a privileged resolution (H. Res. any information described in paragraph follows: 441) and ask for its immediate consider- (1)(C) which is included in any other report H.R. 2317 filed by the registered lobbyist with the Sec- ation. Be it enacted by the Senate and House of Rep- retary of the Senate and the Clerk of the The Clerk read the resolution, as fol- resentatives of the United States of America in House of Representatives under this Act. lows: Congress assembled, ‘‘(3) REQUIRING SUBMISSION OF INFORMATION H. RES. 441 SECTION 1. SHORT TITLE. PRIOR TO FILING REPORTS.—Not later than 25 Resolved, That the following named Mem- days after the end of a period for which a This Act may be cited as the ‘‘Lobbying ber be and is hereby elected to the following registered lobbyist is required to file a report Transparency Act of 2007’’. standing committee of the House of Rep- under paragraph (1) which includes any in- SEC. 2. QUARTERLY REPORTS BY REGISTERED resentatives: LOBBYISTS ON CONTRIBUTIONS formation described in such section with re- (1) COMMITTEE ON HOUSE ADMINISTRATION.— BUNDLED FOR CERTAIN RECIPI- Mr. Brady of Pennsylvania, Chairman. spect to a covered recipient, the registered ENTS. lobbyist shall transmit by certified mail to The resolution was agreed to. (a) IN GENERAL.—Section 5 of the Lobbying the covered recipient involved a statement Disclosure Act of 1995 (2 U.S.C. 1604) is amended A motion to reconsider was laid on containing— the table. by adding at the end the following new sub- ‘‘(A) the information that will be included section: f in the report with respect to the covered re- ‘‘(d) QUARTERLY REPORTS ON CONTRIBUTIONS cipient; and GENERAL LEAVE BUNDLED FOR CERTAIN RECIPIENTS.— ‘‘(B) the source of each contribution in- ‘‘(1) IN GENERAL.—Not later than 45 days after Mr. CONYERS. Madam Speaker, I cluded in the aggregate amount referred to the end of the quarterly period beginning on the ask unanimous consent that all Mem- in paragraph (1)(C) which the registered lob- first day of January, April, July, and October of bers may have 5 legislative days in byist bundled for the covered recipient dur- each year, each registered lobbyist who bundles which to revise and extend their re- ing the period covered by the report and the 2 or more contributions made to a covered recipi- amount of the contribution attributable to ent in an aggregate amount exceeding $5,000 for marks on H.R. 2317, the Lobbying each such source. Transparency Act of 2007. such covered recipient during such quarterly pe- ‘‘(4) DEFINITION OF REGISTERED LOBBYIST.— riod shall file a report with the Secretary of the The SPEAKER pro tempore (Mrs. For purposes of this subsection, the term Senate and the Clerk of the House of Represent- TAUSCHER). Is there objection to the re- ‘registered lobbyist’ means a person who is atives containing— quest of the gentleman from Michigan? registered or is required to register under ‘‘(A) the name of the registered lobbyist; There was no objection. paragraph (1) or (2) of section 4(a), or an indi- ‘‘(B) in the case of an employee, his or her em- vidual who is required to be listed under sec- f ployer; and tion 4(b)(6) or subsection (b). ‘‘(C) the name of the covered recipient to LOBBYING TRANSPARENCY ACT ‘‘(5) DEFINITION OF BUNDLED CONTRIBU- whom the contribution is made, and to the ex- OF 2007 TION.—For purposes of this subsection, a reg- tent known the aggregate amount of such con- Mr. CONYERS. Madam Speaker, pur- istered lobbyist ‘bundles’ a contribution if— tributions (or a good faith estimate thereof) ‘‘(A) the contribution is received by a reg- within the quarter for the covered recipient. suant to House Resolution 437, I call up istered lobbyist for, and forwarded by a reg- ‘‘(2) EXCLUSION OF CERTAIN INFORMATION.—In the bill (H.R. 2317) to amend the Lob- istered lobbyist to, the covered recipient to filing a report under paragraph (1), a registered bying Disclosure Act of 1995 to require whom the contribution is made; or lobbyist shall exclude from the report any infor- registered lobbyists to file quarterly ‘‘(B) the contribution will be or has been mation described in paragraph (1)(C) which is reports on contributions bundled for credited or attributed to the registered lob- included in any other report filed by the reg- certain recipients, and for other pur- byist through records, designations, recogni- istered lobbyist with the Secretary of the Senate poses, and ask for its immediate con- tions or other means of tracking by the cov- and the Clerk of the House of Representatives sideration in the House. ered recipient to whom the contribution is under this Act. made. ‘‘(3) REQUIRING SUBMISSION OF INFORMATION The Clerk read the title of the bill. ‘‘(6) OTHER DEFINITIONS.—In this sub- PRIOR TO FILING REPORTS.—Not later than 25 The text of the bill is as follows: section— days after the end of a period for which a reg- H.R. 2317 ‘‘(A) the term ‘contribution’ has the mean- istered lobbyist is required to file a report under Be it enacted by the Senate and House of Rep- ing given such term in the Federal Election paragraph (1) which includes any information resentatives of the United States of America in Campaign Act of 1971 (2 U.S.C. 431 et seq.), described in such section with respect to a cov- Congress assembled, except that such term does not include a ered recipient, the registered lobbyist shall

VerDate Aug 31 2005 06:04 May 25, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 6333 E:\CR\FM\K24MY7.057 H24MYPT1 hmoore on PRODPC68 with HMHOUSE H5750 CONGRESSIONAL RECORD — HOUSE May 24, 2007 transmit by certified mail to the covered recipi- In essence, the bill requires a reg- Madam Speaker, I reserve the bal- ent involved a statement containing— istered lobbyist who bundles two or ance of my time. ‘‘(A) the information that will be included in more contributions made to a can- Mr. SMITH of Texas. Madam Speak- the report with respect to the covered recipient; ‘‘(B) the source of each contribution included didate to file quarterly reports with er, I yield myself such time as I may in the aggregate amount referred to in para- the House Clerk and Secretary of the consume. graph (1)(C) which the registered lobbyist bun- Senate. Madam Speaker, this bill addresses dled for the covered recipient during the period I want to begin by paying tribute to the issue of the disclosure of campaign covered by the report and the amount of the the gentleman from Maryland, Mr. contributions bundled together by lob- contribution attributable to each such source; CHRIS VAN HOLLEN, for the enormous byists. The Judiciary Committee ad- and amount of work not only in this Con- dressed this issue in the last Congress ‘‘(C) a notification that the covered recipient gress but in the previous Congress that when we adopted an amendment by the has the right to respond to the statement to he has put forward on behalf of this gentleman from Maryland (Mr. VAN challenge and correct any information included measure. before the registered lobbyist files the report HOLLEN) by a vote of 28–4. under paragraph (1).’’. Under the bill, the bundled contribu- As a principal supporter of these pro- ‘‘(4) DEFINITION OF REGISTERED LOBBYIST.— tion is limited to contributions which visions, Mr. VAN HOLLEN signed the fol- For purposes of this subsection, the term ‘reg- the lobbyist physically receives and lowing statement in last year’s com- istered lobbyist’ means a person who is reg- forwards to the candidate, or which are mittee report: ‘‘At the markup, we istered or is required to register under para- credited to the lobbyist through a spe- were able to develop a bipartisan provi- graph (1) or (2) of section 4(a), or an individual cific tracking system put in place by sion concerning the areas of Judiciary who is required to be listed under section 4(b)(6) the candidate. In order to better ensure Committee jurisdiction, principally the or subsection (b). that a registered lobbyist does not in- ‘‘(5) DEFINITION OF BUNDLED CONTRIBUTION.— Lobbying Disclosure Act.’’ For purposes of this subsection, a registered lob- accurately report contributions involv- So I’m glad to see a provision byist ‘bundles’ a contribution if— ing a candidate, the measure further brought to the floor today that is so ‘‘(A) the contribution is received by a reg- requires the lobbyist to send the can- similar to what we did last year. How- istered lobbyist for, and forwarded by a reg- didate a proposed statement first. This ever, I do find it ironic that we are istered lobbyist to, the covered recipient to allows the candidate or the political bringing this bill to the floor with lit- whom the contribution is made; or action committee to correct any er- tle advance notice. ‘‘(B) the contribution will be or has been cred- rors. ited or attributed to the registered lobbyist Yesterday we received notice that This legislation reflects considerable this bill would come up less than an through records, designations, recognitions or input on Members of the House of Rep- other means of tracking by the covered recipient hour before the Rules Committee was to whom the contribution is made. resentatives both on the Judiciary to start. That hardly gave us a fair op- ‘‘(6) OTHER DEFINITIONS.—In this subsection— Committee and off the Judiciary Com- portunity to offer amendments to the ‘‘(A) the term ‘contribution’ has the meaning mittee. bill. given such term in the Federal Election Cam- b 1330 Madam Speaker, this bill and the paign Act of 1971 (2 U.S.C. 431 et seq.), except that such term does not include a contribution It reflects the considered judgment of other bill that we consider today on in an amount which is less than $200; many Members not even on the Judici- lobbying reform are supposed to be ‘‘(B) the terms ‘candidate’, ‘political com- ary Committee. We’ve worked with the about open government, but the proc- mittee’, and ‘political party committee’ have the public interest groups around the clock ess by which this bill has been rushed meaning given such terms in the Federal Elec- to craft a workable piece of legislation to the floor shows how this House tion Campaign Act of 1971 (2 U.S.C. 431 et seq.); that provides for the disclosure of sometimes lacks a fair and open proc- ‘‘(C) the term ‘covered recipient’ means a Fed- large-scale bundling in a way that pro- ess. eral candidate, an individual holding Federal Madam Speaker, I reserve the bal- office, a leadership PAC, or a political party vides clear and enforceable legal re- committee; and quirements. ance of my time. ‘‘(D) the term ‘leadership PAC’ means, with The American people have been wait- Mr. CONYERS. Madam Speaker, I respect to an individual holding Federal office, ing for this. We’ve talked about this for yield myself 15 seconds. an unauthorized political committee which is as- a considerable period of time, and When we went to the Rules Com- sociated with such individual, except that such many people now have realized that mittee, my dear friend LAMAR SMITH term shall not apply in the case of a political the House of Representatives has taken and myself, there were 48 amendments committee of a political party.’’. a very important step in moving this already filed when we got there. I don’t (b) EFFECTIVE DATE.—The amendment made know how many were ultimately con- by subsection (a) shall apply with respect to the measure forward. second quarterly period described in section Most significantly, the measure does sidered. 5(d)(1) of the Lobbying Disclosure Act of 1995 not include the provision that would Madam Speaker, I am very pleased to (as added by subsection (a)) which begins after have counted as bundled any contribu- yield as much time as he may consume the date of the enactment of this Act and each tion arranged by a lobbyist. After care- to the gentleman from Maryland (Mr. succeeding quarterly period. ful consideration, we’ve concluded that VAN HOLLEN), the one Member who has The SPEAKER pro tempore. The gen- as the Senate provision is written, it worked longer and harder than anyone tleman from Michigan (Mr. CONYERS) was too vague to be effectively en- else on this matter, a former member and the gentleman from Texas (Mr. forced. of the Judiciary Committee. SMITH) each will control 30 minutes. And so I rise today to let you know of Mr. VAN HOLLEN. Madam Speaker, The Chair recognizes the gentleman my firm conviction that we ultimately let me begin by congratulating the from Michigan. need to move to assist the public fi- chairman of the Judiciary Committee Mr. CONYERS. Madam Speaker, I nancing of campaigns, and I don’t Mr. CONYERS, and the ranking member yield myself such time as I may con- mean somewhere in the nebulous fu- Mr. SMITH, on all their work on this sume. ture; I’m talking about as soon as we particular issue, and I want to thank Madam Speaker, the moment has can. But until we do, I remain per- them and the other members of the Ju- come in this very important session of suaded that the legislation today rep- diciary Committee for reporting this Congress that we examine the lobbying resents an extremely important step bill out by unanimous vote, a unani- and bundling provisions that have been forward toward that reform when cou- mous bipartisan vote. And I also want of such interest and debate for the past pled with the other lobbying reform to thank the other cosponsors of this several months. measure that is before us. legislation, including Mr. MEEHAN and This measure, the Lobbying Trans- This is not the perfect bill. I’m still others. parency Act, will more effectively reg- looking for a Member that has ever Madam Speaker, in the last election ulate, but does not ban, the practice of passed the perfect piece of legislation. I think the American people sent Con- registered lobbyists bundling together But I draw to my colleagues’ attention gress a very strong and unambiguous the large numbers of campaign con- this measure and ask that they exam- message, that it’s time to change the tributions to candidates for Federal of- ine it carefully and recognize the im- way Washington does business. They fice. This is a practice that has already portance and significance of this meas- said loud and clear that the status quo taken root in Presidential campaigns. ure. on Capitol Hill is unacceptable. The

VerDate Aug 31 2005 06:28 May 25, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A24MY7.018 H24MYPT1 hmoore on PRODPC68 with HMHOUSE May 24, 2007 CONGRESSIONAL RECORD — HOUSE H5751 American people want this Congress to VAN HOLLEN for having a partnership still have the opportunity to convey hold the Bush administration account- between H.R. 2317 and H.R. 2316. their voice with the assurance of first able, and they want Congress to hold I think the first point I’d like to amendment protection. make is that as I have spent a lot of itself accountable. I also want to thank Mr. VAN HOLLEN They grew weary of a Congress that time in this first session, first couple of for working with me to include lan- used the power of the majority to ben- months, with a lot of visitors who have efit narrow special interests at the ex- come to this Capitol, I’ve watched guage that I hope all Members will ap- pense of the public interest, and that’s them look in awe, visit with their preciate, and that is, as I stated ear- why on the very opening day of this Member of Congress, and appreciate lier, that Members come here with the new Congress, under the leadership of this most powerful law-making body greatest sense of integrity and respect Speaker PELOSI, we immediately en- that cherishes democracy and values for their duty to the American people. acted a series of important reforms, integrity. So we provided a provision that in- structs lobbyists to give notice to the gift bans, travel limitation, and great- b 1340 er transparency of the earmark proc- Member of the list of items that they I know that visitors have a great are going to file. That Member cannot, ess. sense of respect for their individual The lobbying reform bills that are be- if you will, stop the list from being Members of Congress. I want you to fore us today are the next important filed, but the Member will have the op- know that that respect is well de- steps along the path to greater open- portunity, the Member of Congress, to ness and transparency, and I think we served. Your Member is hard-working. They cherish not only the democratic be able to read the list and make sure would all agree that with greater open- that it is accurate as it is being filed. ness to the public comes greater ac- values of this Nation, but they pride We will not stop the time from tick- countability for this institution. themselves in promoting integrity and Let’s be clear. Lobbyists come before promoting your interests over their in- ing, if you will, for the filing process, this body to advocate issues on behalf terests. but we will make the system work bet- of their clients, and they serve a valid But sometimes we need a little clean- ter and provide for the participation by and important service of providing in- up. It does not mean that the whole all of the impacted parties. The con- formation and expertise on complex body has disregarded the question of gressional Member will be allowed to issues that we face. However, we know integrity and the question of ensuring receive the notice of this filing and a number of recent scandals have dem- your interests be put forth. But we have the opportunity to correct it, to onstrated that lobbyists, some of them have had some bumps in the road. make sure it is consistent with his or So we have projected two legislative like Jack Abramoff, have been able to her files. initiatives that will separate out the exercise undue influence in shaping the interests at work of lobbyists. That is These are difficult times, because we legislative agenda and the policies that part of the Democratic process, but it all realize our ultimate responsibility come out of the Congress. is to the American people. We must put This bill, the Lobbying Transparency will also provide an opportunity for them over self. But my amendment in Act, deals with the role of lobbyists in voices to be heard, the right of the pro- the campaign fund-raising process. It tections of the first amendment. this bill, I believe, will help the open- As it relates to the concept of bun- requires registered lobbyists to dis- door transparency proceed, family and dling, which sounds like a very inter- close certain contributions that they I ask my colleagues to support it. esting and difficult word, that is the bundle on behalf of candidates and po- Madam Speaker, I rise in support of H.R. course of putting a number of financial litical committees. 2317, the ‘‘Lobbying Transparency Act of This bill involves simply the disclo- contributions together. We will have a system that will work, that everyone 2007.’’ I rise in support of legislation that will sure of information that the public has help bring about the most open government a right to know, and a vote against this who is here to put forward the interests of the American people, will, in fact, and the most honest leadership in the history bill is a vote to deny that public impor- of the Congress. Most of the credit for this tant information that they can use to know that that is the first priority. But we have a system that does not achievement goes to my very good friend, the judge the legislative process. gentleman from Maryland, Mr. VAN HOLLEN, I think we all agree that Members of promote public finance. I would like to for his tenacity in shepherding this legislation Congress are sent here to represent the see us have a complete system of public public interest. We’re not here to rep- financing. That means the taxpayers through the gamut that is the House legislative resent narrow special interests, and we will contribute toward the presidential process. should have a very simple test, a very candidates, and they would not be able In particular, Madam Speaker, I wish to simple standard in considering whether to opt out Federal congressional can- commend Mr. VAN HOLLEN and the Rules we’re going to vote for or against legis- didates, Senate and House. That will be Committee for agreeing to incorporate my lation, and that test is, does that legis- a system dominated by the people. friendly amendment to H.R. 2316. Let me de- But we don’t have that system. So we lation advance the public interest. And scribe the bill and explain why I believe the in- have good-thinking people who want to the answer on this bill is unequivocally corporation of the Jackson-Lee amendment contribute, and we have good people, yes. improves the bill to the point where it warrants good-thinking people who would re- Let’s fulfill our promise to restore the support of the members of this body. the public trust by serving the public ceive. Let us not taint all of them. H.R. 2316 requires registered lobbyists to interest. I urge adoption of this legisla- But I rise to support these two initia- provide quarterly reports to the House clerk tion. tives, because they provide the open- Mr. SMITH of Texas. Madam Speak- door transparency that we need. I want and secretary of the Senate regarding the er, at this time I have no other speak- to thank Chairman CONYERS, first of ‘‘bundled’’ contributions totaling more than ers on this particular bill. So I reserve all, for accepting my amendment that $5,000 in a quarter that they provide to a cov- the balance of my time. clearly stated that those advocacy ered recipient. Mr. CONYERS. Madam Speaker, I groups that wanted to be heard, the ‘‘Bundled contributions’’ are contributions yield 5 minutes to the gentlewoman right of the protections of the First that are received by a registered lobbyist and from Texas (Ms. JACKSON-LEE), a dis- Amendment. forwarded to a covered recipient, or contribu- Nothing in this bill denies any first tinguished member of the Committee tions that are otherwise credited or attributed on the Judiciary. amendment protection for expression or association. I know the leadership of to a lobbyist through records, designations or (Ms. JACKSON-LEE of Texas asked other means of tracking, such as placing the and was given permission to revise and Chairman CONYERS on the issue of civil lobbyist’s name on a check’s memo line or extend her remarks.) liberties, in complete, but I wanted to Ms. JACKSON-LEE of Texas. Madam reaffirm this fact so that we know for using another symbol. The bill’s definition of Speaker, I will take my time now to sure, any Member coming to the floor ‘‘covered recipients’’ applies to federal can- applaud and thank both the chairman to vote for this, they know their uni- didates, federal officeholders, leadership polit- of the full committee Mr. CONYERS, and versity or they know their place of ical action committees or political party com- the ranking member of the full com- faith, or they know the Boy Scouts or mittees. mittee, my colleague from Texas, Mr. the Girl Scouts, or they know their The required reports would disclose the SMITH, and our former colleague Mr. various civil rights organizations will name of the lobbyist, the name of his or her

VerDate Aug 31 2005 06:47 May 25, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\K24MY7.063 H24MYPT1 hmoore on PRODPC68 with HMHOUSE H5752 CONGRESSIONAL RECORD — HOUSE May 24, 2007 employer, and the name of the covered recipi- Madam Speaker, I rise in strong support of bying activities. However, according to the ent to whom the contributions were given, as H.R. 2316, the ‘‘Honest Leadership and Open Center’s study, compliance with these require- well as the amount of the contributions made Government Act of 2007.’’ With the adoption ments has been less than exemplary. For ex- or a good-faith estimate thereof. The report of this legislation, we begin to make good on ample, the report found: during the last 6 would be due within 45 days of the end of the our pledge to ‘‘drain the swamp’’ and end the years, 49 out of the top 50 lobbying firms have quarterly period. These reports would not in- ‘‘culture of corruption’’ that pervaded the 109th failed to file one or more of the required forms; clude certain information that is included in Congress. nearly 14,000 documents that should have other required disclosure reports. Within 25 It is critically important that we adopt the re- been filed are missing; almost 300 individuals, days of the end of a quarterly reporting period, forms contained in H.R. 2316 because Ameri- companies, or associates have lobbied without the registered lobbyist is to send a notification cans are paying for the cost of corruption in ng registered; more than 2,000 initial registra- by certified mail to a covered recipient out- Washington with skyrocketing prices at the tions were filed after the legal deadline; and in lining the information that will be included in pump, spiraling drug costs, and the waste, more than 2,000 instances, lobbyists never the lobbyists’ report, and the source of each fraud and no-bid contracts in the Gulf Coast filed the required termination documents at all. contribution. and Iraq for administration cronies. Under the LDA, the Secretary of the Senate For all its good intentions, for many mem- The cozy relationship between Congress and the Clerk of the House must notify in writ- bers these provisions are problematic. There and special interests we saw during the 109th ing any lobbyist or lobbying firm of noncompli- is a legitimate concern that the information the resulted in serious lobbying scandals, such as ance with registration and reporting require- lobbyist might report to the Clerk or Secretary those involving Republican super lobbyist Jack ments, and they must also notify the U.S. At- of the Senate may be inaccurate or incom- Abramoff. In this scandal, a former congress- torney for the District of Columbia of the non- plete which may later be disclosed to the pub- man pleaded guilty to conspiring to commit compliance if the lobbyist or lobbying firm fails lic causing untold problems or embarrassment fraud—accepting all-expense-paid trips to play to respond within 60 days of its notification. It to the covered recipient. The amendment that golf in Scotland and accepting meals, sports appears that until very recently, however, I offered, and which has been incorporated and concert tickets, while providing legislative these cases of noncompliance were not being into the bill, assuages that concern. favors for Abramoff’s clients. referred to the Department of Justice for en- The Jackson-Lee amendment requires that But that is not all. Under the previous Re- forcement. It is also clear that the infractions the statement which a covered registered lob- publican leadership of the House, lobbyists that are actually being investigated by the byist must provide to the recipient also shall were permitted to write legislation, 15-minute Secretary or the Clerk do not coincide with the include a notification that the recipient has the votes were held open for hours, and entirely extent of noncompliance, and it is entirely un- right to respond to the statement to challenge new legislation was sneaked into signed con- known whether enforcement actions are being and correct any information included before ference reports in the dead of night. effectively pursued by the Department of Jus- the registered lobbyist files the report with the The American people registered their dis- tice. Clearly, further reform is needed. Clerk of the House or Secretary of the Senate. gust at this sordid way of running the Con- Madam Speaker, I commend Chairman The inclusion of this provision will reduce gress last November and voted for reform. CONYERS and the members of the Judiciary the likelihood that the recipient will be unduly Democrats picked up 30 seats held by Repub- Committee for their excellent work in preparing prejudiced by the disclosure of inaccurate in- licans and exit polls indicated that 74 percent this lobbying reform package. The reforms formation by giving the recipient notice and of voters cited corruption as an extremely im- contained in the package are tough but not opportunity to identify, and the lobbyist the op- portant or a very important issue in their nearly too tough for persons elected to rep- portunity to correct, inaccurate information re- choice at the polls. resent the interests of the 600,000 constitu- garding bundled contributions. Ending the culture of corruption and deliv- ents in their congressional districts. Indeed, In sum, H.R. 2317 now will help ensure that ering ethics reform is one of the top priorities similar bipartisan lobbying and government re- the salutary objectives of the legislation are of the new majority of House Democrats. That form proposals were debated and passed by achieved without reaping the unintended con- is why as our first responsibility in fulfilling the the House and Senate in 2006 but the Con- sequence of prejudicing a recipient—whether mandate given the new majority by the voters, gress failed to reconcile the two versions. he or she be an office holder or candidate for Democrats are offering an aggressive ethics Madam Speaker, I support H.R. 2316 be- federal office—by the disclosure of inaccurate reform package. We seek to end the excesses cause it closes the ‘‘Revolving Door,’’ requires or incomplete information. we witnessed under the Republican leadership full public disclosure of lobbying activities, pro- Madam Speaker, all of us favor open gov- and to restore the public’s trust in the Con- vides tougher enforcement of lobbying restric- ernment. All of us favor honest leadership. gress of the United States. tions, and requires increased disclosure. And all of us are in favor of transparency of Madam Speaker, federal lobbying is a multi- H.R. 2316 closes the ‘‘Revolving Door’’ by process. But we also believe in fundamental billion dollar industry, and spending to influ- retaining the current 1-year ban on lobbying fairness. And that includes fairness to those ence members of Congress and executive by former members and senior staff and re- who seek to exercise their First Amendment branch officials has increased greatly in the quires them to notify the Committee on Stand- rights to freedom of speech and of associa- last decade. While the Lobbying Disclosure ards of Official Conduct within 3 days of en- tion, and to petition their government for a re- Act of 1995 (LDA) is one of the main laws to gaging in any negotiations or reaching any dress of grievances. promote transparency and accountability in the agreements regarding future employment or That is why I offered, and the Judiciary federal lobbying industry and represents the salary. The members’ notification will be pub- Committee, approved my amendment during most comprehensive overhaul of the laws reg- licly disclosed. markup that provides a rule of construction ulating lobbying practices in 50 years prior to The bill also requires members and senior that nothing in H.R. 2316 is intended or is to 1995, it falls far short of a complete solution, staff to recuse themselves during negotiations be construed to prohibit any expressive con- as even recognized by its staunchest sup- regarding future employment from any matter duct protected from legal prohibition by, or any porters, during congressional hearings on the in which there is a conflict of interest or an ap- activities protected by the free speech, free issue. pearance of a conflict. exercise, or free association clauses of, the The need for further reform was highlighted Madam Speaker, this legislation also ends First Amendment to the Constitution. by a major study of the federal lobbying indus- the ‘‘K Street Project,’’ made notorious during The Jackson-Lee amendment incorporated try published in April 2006 by the Center for the 12 years of Republican control of Con- in H.R. 2317 is intended to ensure fair treat- Public Integrity, which found that since 1998, gress. Members and senior staff are prohibited ment to elected office holders and candidates lobbyists have spent nearly $13 billion to influ- from influencing employment decisions or for federal office. ence members of Congress and other federal practices of private entities for partisan polit- Again, let me thank Mr. VAN HOLLEN for his officials on legislation and regulations. The ical gain. Violators of this provision will be fine work in crafting this legislation. Let me same study found that in 2003 alone, lobbyists fined or imprisoned for a term of up to 15 also thank the members of the Rules Com- spent $2.4 billion, with expenditures for 2004 years. mittee incorporating my amendment into H.R. estimated to grow to at least $3 billion. This is Second, H.R. 2316 requires full public dis- 2317. I urge all members to support this legis- roughly twice as much as the already vast closure of lobbying activities by strengthening lation. It will be another step in the right direc- amount that was spent on federal political lobbying disclosure requirements. It does this tion toward fulfilling our promise to the Amer- campaigns in the same time period. by mandating quarterly, rather than semi- ican people to drain the swamp and return The LDA contains a number of measures to annual, disclosure of lobbying reports. It cov- open government, honest leadership, and help prevent inappropriate influence in the lob- ers more lobbyists by reducing the contribution transparency to the legislative process. bying arena and promote sunshine on lob- thresholds from $5,000 to $2,500 in income

VerDate Aug 31 2005 06:47 May 25, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\A24MY7.029 H24MYPT1 hmoore on PRODPC68 with HMHOUSE May 24, 2007 CONGRESSIONAL RECORD — HOUSE H5753 from lobbying activities and from $20,000 to Committee on the Judiciary in their parency in Congress. Although I am deeply $10,000 in total lobbying expenses. It also re- bipartisan support for this bundling frustrated that stronger reform measures were duces the contribution threshold of any organi- bill. It’s necessary that we continue to abandoned, I believe this pair of bills rep- zation other than client that contributes to lob- bring sunlight on the workings of the resents an essential step toward a more hon- bying activities to $5,000 ($10,000 under cur- lobbying organizations and the fund- est and open government. rent law). raising as it affects the congressional Earlier this year, my colleague GREG WAL- Third, the legislation increases disclosure of product. DEN and I reintroduced H.R. 1136, the ‘‘Ethics lobbyists’ contributions to lawmakers and enti- It’s important, as a part of the prom- Reform Act of 2007,’’ with provisions that tight- ties controlled by lawmakers, including con- ise that we have made to the American en lobbyist disclosure and reporting. I am tributions to members’ charities, to pay the people, that we work to restore their pleased to see similar provisions—such as cost of events or entities honoring members, confidence in us, and this will be ac- quarterly disclosure requirements, electronic contributions intended to pay the cost of a complished, in part, by what we do filing, and a public database of disclosure meeting or a retreat, and contributions dis- here on the floor of the House of Rep- data—in H.R. 2316. closed under FECA relating to reports by con- resentatives on this day. I hope we will I am also pleased to see increased gift re- duits. keep that commitment by passing this strictions, tightened reporting requirements, Fourth, the bill requires the House Clerk to very important measure before us, H.R. and stiffened noncompliance penalties in- provide public Internet access to lobbying re- 2317, the Lobbying Transparency Act of cluded in these bills. These are critical compo- ports within 48 hours of electronic filing and 2007. nents of effective lobbying reform whose requires that the lobbyist/employing firm pro- Mr. MEEHAN. Madam Speaker, I rise adoption will help to clearly delineate an ap- vide a certification or disclosure report attest- in strong support of this bill. propriate boundary between lobbyists and law- ing that it did not violate House/Senate gift I am a proud cosponsor of this legis- makers. ban rules. And it makes it a violation of the lation, and I am glad to see that this However, I must also voice a deep concern: LDA for a lobbyist to provide a gift or travel to House is following in the footsteps of these bills do not go far enough. The Senate a member/officer or employee of Congress the Senate in crafting some of the easily passed—by 96–2—a more stringent bill with knowledge that the gift or travel is in vio- most important lobbying reforms in a which included stricter penalties and tighter lation of House/Senate rules. generation. lobbying restrictions on Members of Congress Transparency is increased by the require- Madam Speaker, there is an often and their families. The House, in contrast, ments in the bill that lobbyists disclose past cited quote from Supreme Court Jus- weakened the lobbyist, ‘‘cool-off’’ period in Executive and Congressional employment and tice Louie Brandeis. He said: ‘‘Sunlight H.R. 2316. We can, and must, do better. With that lobbying reports be filed electronically and is the best disinfectant.’’ the leadership of Speaker PELOSI, I look for- maintained in a searchable, downloadable In the spirit of that principle, the law ward to improving these bills in conference. database. For good reason, the bill also re- already requires that lobbyists disclose Mr. CONYERS. Madam Speaker, I quires disclosure of lobbying activities by cer- their direct contributions to Members yield back the balance of my time. tain coalitions but expressly exempts 501(c) of Congress. Mr. SMITH of Texas. Madam Speak- and 527 organizations. But that is hardly the full picture of er, I, too, urge my colleagues to sup- Finally, Madam Speaker, H.R. 2316 in- the relationship between lobbyists, port this legislation and yield back the creases civil penalties for violation of the Members and campaign contributions. balance of my time. Lobby Disclosure Act from $50,000 to In a practice known as bundling, lob- The SPEAKER pro tempore. Pursu- $100,000 and adds a criminal penalty of up to byists call up their clients and fellow ant to House Resolution 437, the pre- 5 years for knowing and corrupt failure to colleagues and pool checks to hand vious question is ordered on the bill, as comply. Finally, the bill requires members to over to Members. amended. The question is on the engrossment prohibit their staff from having any official con- Sometimes this will happen at fund- and third reading of the bill. tact with the member’s spouse who is a reg- raisers, where a lobbyist comes in with The bill was ordered to be engrossed istered lobbyist or is employed or retained by an envelope full of bundled checks. and read a third time, and was read the such an individual and establishes a public Sometimes lobbyists will pledge to third time. database of member Travel and Personal Fi- raise a certain amount for a campaign, MOTION TO RECOMMIT OFFERED BY MR. SMITH nancial Disclosure Forms. and their progress is tracked through a OF TEXAS coding system—for example, getting Madam Speaker, it is wholly fitting and Mr. SMITH of Texas. Madam Speak- donors to write a name or number on proper that at the beginning of this new 110th er, I offer a motion to recommit. Congress, the Members of this House, along the memo line of a check. The SPEAKER pro tempore. Is the with all of the American people, paid fitting In either scenario, lobbyists are like- gentleman opposed to the bill? tribute to the late President Gerald R. ‘‘Jerry’’ ly bundling contributions that far ex- Mr. SMITH of Texas. I am in its cur- Ford, a former leader in this House, who did ceed their individual contribution. rent form. so much to heal our Nation in the aftermath of I believe that it is more important to The SPEAKER pro tempore. The Watergate. Upon assuming the presidency, know how much a lobbyist is bundling Clerk will report the motion to recom- President Ford assured the Nation: ‘‘My fellow for a Member of Congress than how mit. Americans, our long national nightmare is much he is contributing directly. The Clerk read as follows: over.’’ By his words and deeds, President Lobbyists, like every other citizen, Mr. Smith of Texas moves to recommit the Ford helped turn the country back on the right are limited in their individual giving, bill H.R. 2317 to the Committee on the Judi- track. He will be forever remembered for his but are unlimited in how much they ciary with instructions to report the same integrity, good character, and commitment to can collect and forward to a campaign. back to the House forthwith with the fol- the national interest. Without passing this bill, and requir- lowing amendment: ing lobbyists to report their bundled In section 5(d)(6)(C) of the Lobbying Dis- This House today faces a similar challenge. closure Act of 1995, as proposed to be added To restore public confidence in this institution contributions, this Congress and the by section 2(a) of the bill, insert after ‘‘lead- we must commit ourselves to being the most American public will remain in the ership PAC,’’ the following: ‘‘a multi- honest, most ethical, most responsive, most dark. candidate political committee described in transparent Congress in history. We can end The Van Hollen bill shines sunlight section 315(a)(4) of the Federal Election Cam- the nightmare of the last 6 years by putting on the practice of bundling. paign Act of 1971 (2 U.S.C. 441a(a)(4)),’’. the needs of the American people before In their lobbying bill, the Senate ad- The SPEAKER pro tempore (during those of the lobbyists and special interests. To dressed bundling, setting a high bar for the reading). Is there objection to dis- do that, we can start by adopting H.R. 2316. the House. pensing with the reading? Mr. SMITH of Texas. Madam Speak- This proposal meets that high bar. Mr. CONYERS. Madam Speaker, re- er, I reserve the balance of my time. Mr. BLUMENAUER. Madam Speaker, I sup- serving the right to object, and I be- Mr. CONYERS. Madam Speaker, I port H.R. 2316 and 2317—bills that signifi- lieve I may have to object, because we yield myself the remainder of the time. cantly reform the lobbyist-lawmaker relation- are just seeing the motion for the first I urge my colleagues to step up to ship for the better. By opening the lobbying time. the plate this afternoon, the day before process to greater oversight, we will reaffirm The SPEAKER pro tempore. Objec- we go out into recess, to join with your our commitment to accountability and trans- tion is heard.

VerDate Aug 31 2005 06:47 May 25, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A24MY7.033 H24MYPT1 hmoore on PRODPC68 with HMHOUSE H5754 CONGRESSIONAL RECORD — HOUSE May 24, 2007 The Clerk will continue to read. recommit would achieve that by in- Number two, the measure that we The Clerk continued to read. cluding bundled contributions to PACs have brought before us today is, in The SPEAKER pro tempore. Pursu- under the same provisions that cover fact, broader than the amendment that ant to the rule, the gentleman from Federal candidates, other PACs, and the Judiciary Committee voted on last Texas is recognized for 5 minutes in political party committees. year and, in fact, captures more bun- support of his motion. I urge my colleagues to support this dling activity. It doesn’t just capture Mr. SMITH of Texas. Madam Speak- motion to recommit so that we can very narrow bundling activities, it is er, the base bill addresses the same have a more open and honest govern- broader, and, in fact, would capture a bundling issue that the Judiciary Com- ment. To put it another way, what was lot more of the bundling and disclose a mittee dealt with in a bipartisan fash- good for the Democrats last year lot more than the bill that Mr. SMITH ion last year. Mr. VAN HOLLEN, the should be good for the Democrats this referred to. So, in fact, it is a very im- principal supporter of these provisions, year. portant step forward in terms of the signed on to that compromise. Madam Speaker, the American peo- public’s right to know. I offer this motion to recommit be- ple want and deserve a government Finally, the purpose of dealing with cause there is a difference between that operates in the sunlight and not in the registered lobbyists is registered what was covered by the Van Hollen the shadows. lobbyists register for a reason. They amendment that was adopted in com- Mr. CONYERS. Madam Speaker, I are paid to try and influence legisla- mittee last Congress and what is con- rise in opposition to the motion to re- tion before Congress. They are paid to tained in this legislation authored by commit. try and influence Members of Congress Mr. VAN HOLLEN in this Congress, a The SPEAKER pro tempore. The gen- with respect to legislation. So the very big difference. tleman is recognized for 5 minutes. whole purpose of this is to go get at This legislation does not require that Mr. CONYERS. Members of the that nexus. Registered lobbyists don’t bundled contributions to political ac- House, recommit motions too fre- register to go lobby a PAC. They don’t tion committees, often referred to as quently here have become procedural go register to lobby the NRA PAC or to PACs, be disclosed. Why are PACs tactics that are not based on the work go lobby an environmental PAC or go omitted from the disclosure require- that we have done in the committee up lobby a right-to-life PAC. until now. And I rise to oppose the pro- ments in this legislation? So this is drawn to get at the issue vision because it raises conveniently a As has been recently reported in the that we are trying to get out in this new issue not discussed in our hearings BNA Money & Politics Report, ‘‘Demo- Congress, which is to change the way and not even raised in the markup. I crats’ new-found majority status has we do business here and to make sure don’t think that it is really going to be made them the biggest recipients of that we address the nexus between reg- helpful to the bundling law at all. campaign money from lobbyists and istered lobbyists and the legislative As I understand this motion to re- others, a fact that could increase their process. That is the focus. This takes commit, this is a broad new provision wariness about passing strict new us out of that focus, so I urge that we that would make the bill even more rules.’’ oppose this particular motion to re- complex and difficult to administer. ‘‘For example, a new analysis posted commit. on the politicalmoneyline.com Web We have had that problem with this Mr. CONYERS. Madam Speaker, the site, and based on Federal Election measure in the other body, and we cer- fact of the matter is that these organi- Commission reports, found that in the tainly don’t want to bring that kind of zations aren’t the objects of a bundling first quarter of 2007, Federal political strategy into the measure before us activity, the National Rifle Associa- action committees, that is the PACs now. It would seem to sweep into its tion, the right-to-life, and others. This this legislation exempts, reported giv- reach entities that are not public or of- is a poison pill amendment. ing all Federal candidates $27 million, ficial. of which almost $17 million, or 62 per- This would include political action The SPEAKER pro tempore. Without cent, went to Democrats, and only 38 committees created by the following objection, the previous question is or- percent went to Republicans. The organization. It would include the Na- dered on the motion to recommit. Democrats’ newfound fundraising tional Rifle Association, the Right to There was no objection. prowess could cause them to have sec- Life Organization, even the Congres- The SPEAKER pro tempore. The ond thoughts about such proposals as sional Black Caucus. It would include question is on the motion to recommit. increased disclosure of bundled con- Emily’s List. It would seem to me that The question was taken; and the tributions arranged by lobbyists, some this would really confuse the bill, and Speaker pro tempore announced that observers said.’’ I urge my Members, at this late date, the noes appeared to have it. under this strategy, to oppose the b 1350 Mr. SMITH of Texas. Mr. Speaker, on amendment. that I demand the yeas and nays. It appears these observers were cor- Madam Speaker, I yield to the gen- The yeas and nays were ordered. rect. The majority has let the color of tleman from Maryland (Mr. VAN The SPEAKER pro tempore. Pursu- money dampen their desire for more HOLLEN). openness and reform. The loophole in Mr. VAN HOLLEN. Madam Speaker, ant to clause 9 of rule XX, the Chair this bill that exempts bundled con- I thank my colleague. I also urge my will reduce to 5 minutes the minimum tributions to PACs is big enough to colleagues to vote against the motion time for any electronic vote on the ride a Democratic donkey through. to recommit. question of passage. If we are requiring the disclosure of During the earlier discussion, Mr. The vote was taken by electronic de- bundled contributions to political SMITH talked about how the bill that vice, and there were—yeas 228, nays party committees, those same disclo- we passed last year out of the Judici- 192, not voting 12, as follows: sure rules should also apply to con- ary Committee was a bipartisan bill. In [Roll No. 419] tributions to PACs. Party committees fact, it was a bipartisan vote in the Ju- YEAS—228 represent all members of that party af- diciary Committee. But what he failed Aderholt Bilirakis Buchanan filiation. PACs, on the other hand, rep- to mention, and in the spirit of biparti- Akin Bishop (UT) Burgess resent more narrow, special interests. sanship earlier I thought I wouldn’t Alexander Blackburn Burton (IN) Why should the former be exposed to raise, was when that amendment that Altmire Blunt Buyer Bachmann Boehner Calvert more sunshine, but not the latter? was attached in the Judiciary Com- Bachus Bonner Camp (MI) The fact that PACs give more money mittee got to the Rules Committee, the Baker Bono Cannon to Democrats is not a serious answer. Rules Committee took it out. So the Barrett (SC) Boozman Cantor Barrow Boustany Capito Time and again the majority party lobbying reform bill that the Repub- Bartlett (MD) Boyda (KS) Carney finds itself presenting legislation that licans brought to the floor of the House Barton (TX) Brady (TX) Carter picks favorites, when what the Amer- stripped out the amendment that Mr. Bean Brown (SC) Castle ican people want is more honesty and SMITH, number one, claims bipartisan- Biggert Brown-Waite, Chabot Bilbray Ginny Chandler more accountability. This motion to ship on right now.

VerDate Aug 31 2005 06:47 May 25, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.068 H24MYPT1 hmoore on PRODPC68 with HMHOUSE May 24, 2007 CONGRESSIONAL RECORD — HOUSE H5755 Coble Hoekstra Musgrave Udall (CO) Weldon (FL) Wilson (SC) Ryan (OH) Skelton Vela´ zquez Cohen Hulshof Myrick Upton Weller Wolf Salazar Slaughter Visclosky Cole (OK) Inglis (SC) Neugebauer Walberg Westmoreland Yarmuth Sa´ nchez, Linda Snyder Walz (MN) Conaway Israel Nunes Walden (OR) Whitfield Young (AK) T. Solis Wasserman Crenshaw Issa Paul Walsh (NY) Wicker Young (FL) Sanchez, Loretta Spratt Schultz Cubin Jindal Pearce Wamp Wilson (NM) Sarbanes Stark Waters Cuellar Johnson (IL) Pence Schakowsky Stupak Watson Culberson Johnson, Sam Peterson (PA) NAYS—192 Schiff Tanner Watt Davis (KY) Jones (NC) Petri Schwartz Tauscher Waxman Abercrombie Doyle Levin Davis, David Jordan Pickering Scott (GA) Taylor Weiner Ackerman Edwards Lipinski Davis, Tom Kaptur Pitts Scott (VA) Thompson (CA) Welch (VT) Allen Ellison Lofgren, Zoe Serrano Thompson (MS) Wexler Deal (GA) Keller Platts Andrews Emanuel Lowey Shea-Porter Tierney Wilson (OH) DeFazio King (IA) Poe Arcuri Eshoo Lynch Sherman Towns Woolsey Dent King (NY) Porter Baca Etheridge Maloney (NY) Shuler Udall (NM) Wu Diaz-Balart, L. Kingston Price (GA) Baird Farr Markey Sires Van Hollen Wynn Diaz-Balart, M. Kirk Pryce (OH) Baldwin Fattah Matsui Donnelly Klein (FL) Putnam Becerra Filner McCarthy (NY) NOT VOTING—12 Doolittle Kline (MN) Ramstad Berkley Frank (MA) McCollum (MN) Campbell (CA) Engel McMorris Drake Knollenberg Regula Berman Gonzalez McDermott Cardoza Dreier Kucinich Rehberg Berry Gordon McGovern Hunter Rodgers Davis, Jo Ann Duncan Kuhl (NY) Reichert Bishop (GA) Green, Al McIntyre Jones (OH) Oberstar DeGette Ehlers LaHood Renzi Bishop (NY) Green, Gene McNerney Lewis (GA) Radanovich Emerson Ellsworth Lamborn Reynolds Blumenauer Grijalva McNulty English (PA) Lampson Rogers (AL) Boren Gutierrez Meehan Everett Latham Rogers (KY) Boswell Hare Meek (FL) b 1426 Fallin LaTourette Rogers (MI) Boucher Harman Meeks (NY) Messrs. MURTHA, HOYER, WELCH Feeney Lewis (CA) Rohrabacher Boyd (FL) Hastings (FL) Melancon Ferguson Lewis (KY) Ros-Lehtinen Brady (PA) Herseth Sandlin Michaud of , TIERNEY, ELLISON, Flake Linder Roskam Braley (IA) Higgins Miller (NC) BERRY, ROSS, DINGELL, Forbes LoBiondo Royce Brown, Corrine Hill Miller, George MCNERNEY, SNYDER, BOUCHER, Fortenberry Loebsack Ryan (WI) Butterfield Hinchey Mollohan TAYLOR, Mrs. MCCARTHY of New Fossella Lucas Sali Capps Hinojosa Moore (KS) Foxx Lungren, Daniel Saxton Capuano Hirono Moore (WI) York, and Ms. SLAUGHTER changed Franks (AZ) E. Schmidt Carnahan Hodes Murtha their vote from ‘‘yea’’ to ‘‘nay.’’ Frelinghuysen Mack Sensenbrenner Carson Holden Nadler Messrs. BONNER, SESTAK, ROHR- Gallegly Mahoney (FL) Sessions Castor Holt Napolitano Garrett (NJ) Manzullo Sestak Clarke Honda Neal (MA) ABACHER, MCKEON, TIAHRT, Gerlach Marchant Shadegg Clay Hooley Obey FRANKS of Arizona, TERRY, CAN- Giffords Marshall Shays Cleaver Hoyer Olver NON, MURPHY of Connecticut, Gilchrest Matheson Shimkus Clyburn Inslee Ortiz ISRAEL, SHUSTER, SMITH of Wash- Gillibrand McCarthy (CA) Shuster Conyers Jackson (IL) Pallone Gillmor McCaul (TX) Simpson Cooper Jackson-Lee Pascrell ington, HALL of New York, KUCINICH, Gingrey McCotter Smith (NE) Costa (TX) Pastor CUELLAR, MARSHALL, DEFAZIO, Gohmert McCrery Smith (NJ) Costello Jefferson Payne MORAN of Virginia, GOHMERT, Goode McHenry Smith (TX) Courtney Johnson (GA) Perlmutter Goodlatte McHugh Smith (WA) Cramer Johnson, E. B. Peterson (MN) COHEN, KLEIN of Florida, BARROW, Granger McKeon Souder Crowley Kagen Pomeroy MITCHELL, ELLSWORTH, Mrs. Graves Mica Space Cummings Kanjorski Price (NC) BLACKBURN, and Mrs. CUBIN Hall (NY) Miller (FL) Stearns Davis (AL) Kennedy Rahall changed their vote from ‘‘nay’’ to Hall (TX) Miller (MI) Sullivan Davis (CA) Kildee Rangel Hastert Miller, Gary Sutton Davis (IL) Kilpatrick Reyes ‘‘yea.’’ Hastings (WA) Mitchell Tancredo Davis, Lincoln Kind Rodriguez So the motion to recommit was Hayes Moran (KS) Terry Delahunt Langevin Ross agreed to. Heller Moran (VA) Thornberry DeLauro Lantos Rothman Hensarling Murphy (CT) Tiahrt Dicks Larsen (WA) Roybal-Allard The result of the vote was announced Herger Murphy, Patrick Tiberi Dingell Larson (CT) Ruppersberger as above recorded. Hobson Murphy, Tim Turner Doggett Lee Rush

N O T I C E Incomplete record of House proceedings. Today’s House proceedings will be continued in the next issue of the Record.

VerDate Aug 31 2005 06:47 May 25, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 8633 E:\CR\FM\A24MY7.024 H24MYPT1 hmoore on PRODPC68 with HMHOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION

Vol. 153 WASHINGTON, THURSDAY, MAY 24, 2007 No. 86 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, heartburn. Therefore, they are trying called to order by the Honorable ROB- PRESIDENT PRO TEMPORE, to get an agreement on some amend- ERT P. CASEY, Jr., a Senator from the Washington, DC, May 24, 2007. ments, to have a 60-vote margin. That State of Pennsylvania. To the Senate: is the way it should be. We should not Under the provisions of rule I, paragraph 3, be in a posture where somebody is fili- of the Standing Rules of the Senate, I hereby PRAYER appoint the Honorable ROBERT P. CASEY, Jr., bustering something they don’t like. I The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Pennsylvania, to hope people will be reasonable and con- fered the following prayer: perform the duties of the Chair. tinue to work as they have. Let us pray. ROBERT C. BYRD, I spoke to the distinguished Repub- Lord, thank You for this day and for President pro tempore. lican leader late last night, and we talked briefly this morning. We are the countless gifts You have showered Mr. CASEY thereupon assumed the looking forward to, when the House upon us. You give us love and laughter, chair as Acting President pro tempore. finishes the emergency supplemental, faith and fulfillment, hope and happi- f moving to that as soon as we can. It is ness, provisions and peace. May we use RECOGNITION OF THE MAJORITY an important issue. We have struggled these blessings to serve You and to LEADER on this now for months. Emotions are bring glory to Your Name. The ACTING PRESIDENT pro tem- high. I think it is time to move on and Almighty God, bless the Senators, see what we can do to fund the troops staffs, and pages as they strive to do pore. The majority leader is recog- nized. in an appropriate way. So we will keep Your will. Give them the wisdom to Members informed. I have told the dis- hear Your voice and the courage to f tinguished Republican leader that I carry out Your commands. Keep them SCHEDULE will keep him informed on any word I from weariness, doubts, and despair, Mr. REID. Mr. President, the Senate get from the House. and give them an abundant harvest in I have gotten calls, and people are will conduct a period of morning busi- due season. upset that some of their things are not Finally, Lord, watch over America’s ness for the next hour, with Repub- in this piece of legislation. It is very youth. Teach them to love the good- licans controlling the first half. Fol- difficult—the President’s Chief of ness and justice of Your law. Remind lowing that, we will resume consider- Staff, in the first meeting Senator them to do justly, to love mercy, and ation of the immigration legislation. MCCONNELL and I had with Josh to walk humbly with You. We pray in Mr. President, I walked by the Presi- Bolten, said: On this issue, I speak for Your holy Name. Amen. dent’s Room today and said hello to a the President. He said: If I don’t have bunch of Senators in there. They were authority to speak for the President, I f in there working on the immigration will go back to the President. When he bill, Democrats and Republicans. We called me, as he has on a number of oc- PLEDGE OF ALLEGIANCE don’t see enough of that. It was really, casions, and said: I am telling you that for me, a good scene. They were in if this provision is in the bill, the The Honorable ROBERT P. CASEY, Jr., there and had stacks of papers. They President is going to veto it, we led the Pledge of Allegiance, as follows: are trying to figure out a way to get worked through some of these. We had I pledge allegiance to the Flag of the through the immigration bill. to take certain things out of the bill. It United States of America, and to the Repub- We all acknowledge that the immi- wasn’t a pleasure to do that because lic for which it stands, one nation under God, gration system in our country is bro- indivisible, with liberty and justice for all. Members are affected on both sides. We ken and needs to be fixed. I am not had some issues that only affected the foolish enough to think we are going to f Senate. The President was unhappy make it perfect with this bill, if we can with that. I wish he would let us do get it out of the Senate. We need to what we wanted to do, but we are in a APPOINTMENT OF ACTING try. We have an obligation to try. That position where that cannot be done. PRESIDENT PRO TEMPORE is what is happening on a bipartisan I hope the bill is in a position where The PRESIDING OFFICER. The basis. we can fund the troops without a lot of clerk will please read a communication I want Senators to keep working and animosity at this stage. People can to the Senate from the President pro see what we can do. There are certain make whatever statement they want tempore (Mr. BYRD). issues, they have told me, they think regarding the war, and I am sure that The legislative clerk read the fol- will give Democrats heartburn and will happen. I think we need to get to lowing letter: other issues that will give Republicans this as quickly as we can.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S6577

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VerDate Aug 31 2005 03:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.000 S24MYPT1 bajohnson on PRODPC74 with SENATE S6578 CONGRESSIONAL RECORD — SENATE May 24, 2007 RECOGNITION OF THE that we should never have a party-line get better results on Iraq than we have REPUBLICAN LEADER vote on Iraq. We have 160,000 troops on had in the past. The ACTING PRESIDENT pro tem- the ground. It is just too important an I know General Petraeus has men- tioned that we cannot rely on a purely pore. The Republican leader is recog- issue for one party to take one side, military solution inside Iraq. I think nized. the other party to take another side, and for the White House to do one he is exactly right; I think he is 100 f thing and Congress to do another. In percent right on that. It needs to be a TROOP FUNDING fact, we talk often in this Chamber multifronted effort—security, political, about how there needs to be a political economic, and diplomatic. We need to Mr. MCCONNELL. Mr. President, let solution inside Baghdad. The truth is, do a lot to help Iraq get back on its me echo the remarks of the majority feet and become a functioning nation leader on the question of the troop there needs to be a political resolution inside of Washington, DC, when it again. funding bill. It appears as if it is now in Mr. President, I am honored to join a form that is satisfactory to the Presi- comes to Iraq. I am honored to lend my name today my colleagues in this effort. I invite dent and will, in fact, get the necessary to this effort by Senator SALAZAR and other colleagues to look at the Salazar funding to the troops for the mission Senator ALEXANDER. legislation and consider joining it as through the end of September. One thing I have noticed in the last well in the coming weeks. I share the view of the majority lead- several weeks and months—maybe in The PRESIDING OFFICER (Mr. er that we ought to wrap this matter the last year—when it comes to Iraq is SALAZAR). The Senator from Utah is up at the earliest possible time, as soon that there is a lot of rhetoric. To be recognized. as we get it from the House of Rep- honest, that is not helpful. It is not Mr. BENNETT. Mr. President, I am resentatives, which could even be later bringing our troops home earlier. It is honored to join with my friends in this today. So I think we are in the same not providing more stability inside particular effort. I congratulate the oc- place on wrapping this bill up and get- Iraq. It is not allowing Iraq to function cupant of the chair, Senator SALAZAR, ting it down to the President for signa- as a sovereign nation. We need to tone and Senator ALEXANDER for putting ture at the earliest possible time. down the rhetoric and roll up our this forward. We are seeing people come on board in equal numbers on f sleeves and work through this to- both sides of the aisle to demonstrate gether. RESERVATION OF LEADER TIME that this is a bipartisan effort. I also understand that Senator BEN- Some might say this is an attack on The ACTING PRESIDENT pro tem- NETT, Senator GREGG, and Senator the President’s plan. I do not see it in pore. Under the previous order, the CASEY have all joined in this effort as that fashion at all. I think this is a leadership time is reserved. well. It is an honor for me to be part of demonstration of bipartisan support f this bipartisan solution. for an American plan, to see what we One of the things we are going to em- MORNING BUSINESS can do to get a more stable Iraq. phasize here is Iraqi accountability. We The ACTING PRESIDENT pro tem- When I go to Iraq and talk to the ex- know that is something which needs to perts, they tell me the war is being pore. Under the previous order, there happen inside Iraq. The Iraqis need to will be a period for the transaction of fought on two fronts: It is being fought take responsibility for their own coun- in Iraq and in Washington, DC. Al- morning business for up to 60 minutes, try. The Iraq Study Group talked with Senators permitted to speak Qaida has declared Iraq as the front about this a lot in the pages of their re- line of their war on the ‘‘great satan,’’ therein for up to 10 minutes each, with port, where on page after page they the time equally divided and the first which to them is the United States of talk about what they believe needs to America. The battle being fought in half of the time under the control of happen inside Iraq. the Republicans and the second half of Washington, DC, has to do with Amer- So this bill which Senators SALAZAR ica’s resolve in standing up to al-Qaida. the time under the control of the ma- and ALEXANDER will be filing in the jority. The word that is going out from Osama coming weeks talks about diplomatic bin Laden in his audiotapes, and the The Senator from Tennessee is recog- efforts, about securing Iraq’s borders, letters that are being circulated, is nized. promotes economic commerce and that if we can just hold on long f trade inside Iraq, political support, and enough, the battle will be resolved in it talks about a multilateral diplo- ORDER OF PROCEDURE Washington, DC, as the Americans de- matic effort. It talks about milestones cide they no longer want to continue Mr. ALEXANDER. Mr. President, and also about redeploying troops. the fight. Senator SALAZAR and I asked the lead- After talking to so many people in my By demonstrating in a bipartisan ership for 30 minutes this morning to State and around the country, I think fashion that the Senators of the United discuss Iraq. I thank the leadership for that is where America wants us to be. States are willing to talk about long- giving us that time. They want a stable Iraq. term commitments and long-term solu- I ask unanimous consent that the It is a little bit like what Colin Pow- tions, we are making our contribution time be allocated in the following way: ell said: It is the Pottery Barn prin- to winning the war in Washington. 5 minutes each for, first, Senator ciple; that is, if you break it, you own General Petraeus has been charged PRYOR, then Senator BENNETT, then it. Well, we went into Iraq, and we have with the security portion of the war in Senator CASEY, then Senator GREGG, a lot of responsibility there. I think Iraq. The Iraqi Parliament and the then Senator ALEXANDER, and finally most Americans understand that. They Iraqi Government themselves must Senator SALAZAR. If the Chair would don’t like what they see on the front deal with the political problems in let each Senator know when 5 minutes pages of the papers every day or on the Iraq. We must not let them down by has expired, I would appreciate that. evening news, but they do know we partisan bickering in Washington that The ACTING PRESIDENT pro tem- have a responsibility inside Iraq, and encourages al-Qaida to believe America pore. The Senator from Arkansas is they want us, in the Senate, in the will walk away from its responsibil- recognized. House, and also at the White House, to ities. f show leadership. This is a time for This piece of legislation is not about leadership, a time for us to come to- name calling or blaming for past mis- IRAQ gether on these principles which the takes. There is no question there have Mr. PRYOR. Mr. President, let me Iraq Study Group laid out—not that been past mistakes. We will let the his- say that I am very honored today to every one of them is exactly right, but torians sort that out. Our responsi- join my friends, Senator SALAZAR of they laid out a lot of principles that I bility is to do today what is needed to Colorado and Senator ALEXANDER of believe many people in this Chamber bring about an eventual proper resolu- Tennessee, in their efforts to try to re- can rally around and hold on to. If we tion. store some nonpartisanship to our dis- implement these and make that our In every war America has been in, cussion on Iraq. I feel very strongly national policy, then I think we can there have been times of darkness,

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Yet thanking and congratulating the Sen- ters in North Africa and some of the unless we achieve a more bipartisan ator from Colorado and the Senator other American efforts where we were consensus in the Congress that change from Tennessee for bringing forward repulsed. If we had all said we are is necessary, an impasse will continue this approach. There is no question but going to turn our backs on this and and our troops will continue to pay the that we are going to begin disengaging walk away, we would not have the kind price. It is for that reason I believe the from Iraq. The question is: Is that dis- of world of peace we have received as a Iraq Study Group’s prescribed course of engagement going to be done in a man- result of our efforts in those wars. action represents our best hope for a ner which strengthens our security as a Now is the time for the Congress to bipartisan consensus in an approach to nation or is it going to be done in a say: Regardless of what may or may wind down this combat role in Iraq and manner which undermines our security not have been a mistake in the past, we successfully transition our mission as a nation? Are we going to leave an still have to stand together and move there. Iraq which is stable enough to govern forward on the basis of intelligent The members of this Iraq Study itself and maintain its own security analysis, and we are using as our start- Group included foreign policy and mili- and have a government that functions ing point as that analysis the Iraqi tary experts, as well as other distin- or are we going to leave an Iraq which Study Group. The President is not hos- guished Americans with impressive ex- becomes divided into warring factions tile to this. I think he is open to it, and perience in public service. which may lead to literally a genocidal I think it is incumbent upon the Con- There is no challenge greater than event with an element of the country gress to say to him: Look for new solu- determining how the United States can which is a client state for Iraq, an ele- tions, but base them on sound analysis, salvage our effort in Iraq in a manner ment of the country which is a safe and if you will, we will be with you, we that protects our core national inter- haven for al-Qaida, and an element of will move forward in a bipartisan man- ests, that does right by the Iraqi peo- the country which is perceived as a ner to see to it America does not fail in ple, and enables our troops, who have threat to Turkey? Iraq. accomplished every mission they have Clearly, we cannot precipitously The PRESIDING OFFICER. The Sen- been given over the past 4 years, to abandon the people of Iraq or our own ator from Pennsylvania. come home finally. national interests in having a stable Mr. CASEY. Mr. President, I am hon- After months of study and focused Iraq. So we need to look for a process ored today to join in a bipartisan ini- deliberations with almost 200 experts, which is going to allow us to proceed in tiative to introduce legislation based including leading U.S. and Iraqi Gov- an orderly way and in a way which, upon the recommendations of the Iraq ernment officials and regional schol- hopefully, can start to bring our own Study Group. I proudly stand with my ars, the Iraq Study Group released last Nation together as we try to address distinguished colleagues—you, Mr. December a detailed report with 79 rec- this most difficult issue. President, as well as Senators ALEX- ommendations. This report prescribed Looking to the proposal of the Iraq ANDER, BENNETT, PRYOR, and GREGG— a comprehensive diplomatic, political, Study Group is, in my opinion, the ap- in affirming that this bill will offer a and economic strategy that includes propriate way to proceed. It is inter- new way forward for the United States sustained engagement with regional esting that today we are going to see, in Iraq. neighbors and the international com- I believe, the passage of a supplemental The detailed recommendations con- munity in a collective effort to bring bill which will fund our soldiers in the tained in this bill offer a comprehen- stability to Iraq. field, which we absolutely have an obli- sive blueprint for renewed diplomacy, There are a few recommendations in gation to do, which, after a lot of pull- restructured economic assistance, and the Iraq Study Group report that I, in ing and tugging and different ideas a redeployment of U.S. military forces fact, disagree with personally. But the being put on the table, has reached a in Iraq to emphasize training and comprehensive plan put forth by the position which, hopefully, will have a equipping of Iraqi security forces, con- group, and particularly the elements consensus vote and will represent a ducting limited counterterrorism mis- emphasized in our bill, represents the majority which will be able to pass sions, and protecting our own forces. best thinking we have on how to re- that bill and, thus, fund the soldiers in These recommendations were issued solve the Iraq dilemma in the long run. the field in a manner which has both in December 2006, over 5 months ago, Time is running out to change course sides working together, the Democratic but, if anything, their utility is even in Iraq. In Pennsylvania, 166 men and leader having endorsed the language more apparent today. women have died. Yesterday we learned and the President having endorsed the Our troops should not be refereeing a 9 Americans were killed in a series of language. civil war. And so this Congress and the attacks across Iraq. Meanwhile, we But this agreement today which has President must come together—must continue to search for two American in it the Warner language, which I sup- come together—to form and to forge a soldiers taken hostage, and at the same ported, is a precursor to the next step, new path. The Iraq Study Group’s final time we hear the grim news that the and the next step should be a broader report is the only comprehensive plan body of a third missing U.S. soldier was coalition within our political process on the table to do that. identified yesterday. of developing a plan for disengagement I approach this bill from a slightly It is time for a change, and I know of from Iraq that assures the security of different perspective than some of my no more detailed proposal, no more ex- the United States and the stability of cosponsors. In fact, I cosponsored the haustively researched set of rec- that country. Thus, I think the step Reid resolution to change our direction ommendations and findings and no which is being proposed today by the in Iraq, with a goal of completing that more comprehensive solution than that Senator from Colorado and the Senator redeployment no later than March of offered by the Iraq Study Group. This from Tennessee and is supported by the 2008. That position has been reflected bill, brought forward by a bipartisan Senator from Pennsylvania, the Sen- in the votes I have cast, the questions group of Senators, with a diverse set of ator from Arkansas, the Senator from I have asked as a member of the For- perspectives and opinions, transforms Utah, and myself is an effort to set out eign Relations Committee at hearings, the recommendations of this group a blueprint or a path which we can, and the statements I have delivered on into the declared policy of the U.S. hopefully, follow in a bipartisan way as the Senate floor. I strongly opposed the Government. we proceed down this road. President’s decision to escalate the This bill offers our best chance to The Iraq Study Group did this coun- number of combat troops in Iraq. For forge a change of direction at long last try an enormous service—former Con- that reason, I voted for the first sup- in Iraq and to do so in a fashion that, gressman Hamilton and former Sec- plemental bill sent to the President’s indeed, brings our Nation together. retary of State Baker—in extensively

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I look forward to it being the a problem, embrace a new strategy, rection going forward in Iraq. I thank template upon which we build a broad- and try to do what is right for our him for his leadership. er coalition which I hope will be bipar- country. I also wish to thank both Senator tisan and which I hope can settle a lit- We are not going to put hundreds of PRYOR and Senator CASEY for joining tle of the differences which are so di- thousands of American troops into us as cosponsors of this legislation. viding our Nation and which will give Iraq. We are not going to get out of They are people who are trying to not only the Iraqi people the oppor- Iraq tomorrow, and the current surge search for a solution on the Demo- tunity to have a surviving, stable gov- of troops in Baghdad, which we all hope cratic side, and I very much appreciate ernment, but will give ourselves the di- is successful, is not by itself a strategy their efforts. As for Senator GREGG and rection we need to assure our safety as for tomorrow. The Iraq Study Group Senator BENNETT, I appreciate also we move forward in this very perilous report is a strategy for tomorrow. It their statements, their cosponsorship time confronting terrorists who wish will get the United States out of the of this legislation, and their desire to to do us harm. combat business in Iraq and into the come forward to a solution that might Mr. President, I yield the floor. support, equipment, and the training unite us in the Senate on a way for- The ACTING PRESIDENT pro tem- business in a prompt and honorable ward. pore. The Senator from Tennessee. way. It will reduce the number of Let me say at the outset that when Mr. ALEXANDER. Mr. President, I troops in Iraq. Those who stay will be we think about what it is we are trying thank the Senator from New Hamp- less in harm’s way—in more secure to do with respect to Iraq at this point shire. I can think of no two Senators bases, embedded with Iraqi forces. Spe- in time, we have a lot of people who are on our side of the aisle whose words are cial forces will stay to counter al- looking backward and saying there are listened to more carefully and more re- Qaida. The report says this could—not lots of problems, lots of failures that spectfully than the Senator from New must but could—happen in early 2008, have happened—from prewar intel- Hampshire and the Senator from Utah. depending on circumstances. ligence, to decisions going into Iraq, to I salute the Senator from Pennsylvania The report allows support for General the prosecution of the war, et cetera— for his statement and leadership, and Petraeus and his troops by specifically but the fact is we are there now. The the Senator from Arkansas, who spoke authorizing a surge, such as the cur- fact is, we have 140,000 American troops so constructively, and especially the rent surge. Because there would still be on the ground in Iraq today. So the Senator from Colorado, who is the a significant long-term presence in real question for us ought to be, as the principal sponsor of this legislation Iraq, it will signal to the rest of the Congress, how it is we are going to and whom I am proud to join. Middle East to stay out of Iraq. move forward together. Senator PRYOR is exactly right when It aggressively encourages diplo- I think in the broadest sense there is he said this morning that it is time for matic efforts. The President of the not a disagreement on what it is we us to stop having partisan votes on United States has spoken well of this want. What is the end stake for us in Iraq. If I were an American fighting in report recently, and embraced parts of Iraq? We want to bring our troops Iraq, I would be looking back at us and it, but it is not his plan. The Demo- home. I think we all would like to have wondering: What are they doing in cratic majority has borrowed parts of our troops back home, reunited with Washington, DC, arguing and sniping the Iraq Study Group report, but it is their families and out of harm’s way. at each other while we are fighting and not the Democratic majority plan. That is the goal we want to get to. The dying? I would be thinking: If they are That is why the report has a chance to second goal we want to get to is a sta- going to send us to Iraq to do a job, at work. It has the seeds of a bipartisan ble Iraq and a stable Middle East. The least they could agree on what the job consensus. fact is, Iraq does not stand alone. It is is. We six or eight, or hopefully more, in a sea of very difficult political tur- We owe it to our troops and to our will introduce our legislation in June, moil at this point in time. So we want country to find a bipartisan consensus making the recommendations of the us to have success in Iraq. to support where we go from here in Iraq Study Group the policy of our There has been a lot of debate about Iraq. We need a political solution in country and inviting the President to what it is we ought to have been doing Washington, DC, as much as we need a submit a plan based upon those rec- in Iraq over the last several years. But political solution in Baghdad. ommendations. I hope President Bush the only group that has taken a signifi- The announcements today by four will embrace this strategy. I hope more cant amount of time and thought more Senators, each well respected— Senators will. through the best way forward in Iraq Senators PRYOR, BENNETT, CASEY, It is ironic for the oldest democracy, was the Iraq Study Group. It was this GREGG—suggests the recommendations the United States, to be lecturing the bipartisan group of leaders, led by of the Iraq Study Group is the way to youngest democracy, Iraq, about com- former Secretary of State James Baker do that. Three Republicans, three ing up with a political consensus when and Congressman Hamilton, as co- Democrats from the North, South, we, ourselves, can’t come up with one. chairs of a bipartisan commission of East, and West, some relatively new This is the foremost issue facing our elder states men and women, that came Senators, some who have been here a country. The Iraq Study Group report up with the most thoughtful, com- long time, fresh voices, a fresh ap- is the most promising strategy for a so- prehensive approach on the way for- proach for a fresh attitude for this de- lution: getting out of the combat busi- ward. bate. Before the end of the week, I be- ness in Iraq and into the support, The essence of what that report said lieve there will be two more Senators— equipping, and training business in a is that the Iraqi Government has a re- one Democrat, one Republican. Then in prompt and honorable way. sponsibility to move forward and to June when we return to Washington, Mr. President, I yield the floor. meet the milestones that are set forth the six or the eight of us intend to offer The ACTING PRESIDENT pro tem- for success in that report. It says: If the legislation Senator SALAZAR and I pore. The Senator from Colorado. you do that, Iraqi Government, we, the have drafted to implement the rec- Mr. SALAZAR. Mr. President, how United States, are going to be there to ommendations of the bipartisan Iraq much time remains? help you. On the other hand, if you Study Group. The ACTING PRESIDENT pro tem- don’t do that, we, the United States, Today we are only six, perhaps pore. The majority has 20 minutes. are going to reduce our help to you. It eight—a modest beginning. But even Mr. SALAZAR. Mr. President, I rise is an effort to put pressure on the Iraqi we six or eight are a more promising this morning, first of all, to congratu- Government and the Iraqi people to

VerDate Aug 31 2005 00:11 May 25, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.005 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6581 deal with the sectarian violence they year; and the Center for Information In health information technology, have in place and to move forward in a Technology Leadership, $77 billion there are ground rules we need to de- fashion that will create stability in every year. If you average the three, cide on, too, to get this moving—rules Iraq. you get $86 billion a year. For RAND, for interoperability among systems, I am hopeful, as we move forward the number I quoted was a conserv- rules for confidentiality and security of from this day, and by the time we come ative number. Their high-end estimate data, rules for the content of an elec- back from the Memorial Day break, was a savings of $346 billion a year. So tronic health record. All of that is the that besides the six Senators who have there is a huge amount of money at job of Government to organize. joined as cosponsors of this legislation, stake. The second job is to get adequate we will have additional cosponsors. At The question is: Are we making the capital into the market. Software costs the end of the day, it seems to me that investments we need to capture these money. Hardware costs money. Enter- we, as the Congress, have a responsi- savings? Well, say you are a CEO, and ing data costs money. Most important, bility to the men and women who are one of your division heads comes to the disruption to the work flow of hos- on the ground in Iraq to try to find a you with a proposed investment to re- pitals and doctors costs time and common way forward. duce production costs in your facility money, and it takes time and attention On the issue of war and peace, there by $81 billion a year. How much would away from patients. So developing ade- should not be a Republican and Demo- you authorize her to spend to achieve quate health information technology is cratic divide. What we ought to be those savings? I suspect it would be not going to be easy or cheap. But for doing is trying to find a common way quite a lot of money. Well, here is what savings of $81 billion a year, maybe $346 forward where we can bring Democrats we authorized ONCHIT to spend this billion a year, it is worth a big effort. and Republicans together to an under- year—the Office of National Coordi- So how do we get that capital flow- standing of how we will ultimately nator of Health Information Tech- ing? Well, one could argue the way to achieve success in Iraq and bring our nology. This Congress authorized $118 solve this is to treat the health infor- troops home. million. That is about 14 hours’ worth mation highway similar to the Federal Mr. President, I yield the floor, and I of the $81 billion in annual savings con- highway system—a common good that thank my colleague from Tennessee, servatively estimated by RAND. Would we pay for with tax dollars because it Senator ALEXANDER. it not be worth spending more to cap- is so valuable to the economy to get The ACTING PRESIDENT pro tem- ture those savings? goods cheaply and reliably from point pore. The Senator from Rhode Island. You say, well, maybe the private sec- A to point B. So maybe we should pay f tor will spend it for us. But look at the for this through taxes, similar to the way our complex health care sector is national highway system. But a high- HEALTH CARE divided into doctors, hospitals, insur- way is pretty simple technology. Be- Mr. WHITEHOUSE. Mr. President, I ers, employers, nurses, patients, and cause the health information network return to the floor to continue my se- more. Which group do you expect to is so much more complex, and because ries of remarks on health care reform. make the decisions about a national I think we need a lot more market As I have said, I recognize the dif- health information technology system? forces at work and a lot more initiative ficulty of figuring out a better way to And they are not homogenous groups. and profit motive than the Federal finance our health care system, a bet- Whom within them do you expect to highway funding model provides, I ter way than part employer insured, make decisions about a national health looked around for another model, a part Government insured, and part un- information technology system? model that provides the central deci- insured. I am committed to working to Go back to imagining that you are a sionmaking that is required to get the achieve universal coverage for all CEO. You want to install an IT system boxcars rolling, a model that provides Americans, but we have to recognize in your corporation. Your corporation access to capital, and a model that cap- also that the underlying health care has five major operating divisions. tures the vibrancy of the private sec- system itself is broken. It is broken in Would you pursue your corporate IT tor. the way it delivers and pays for care, it solution by waiting for each division to I found one. We have actually been creates massive costs and poor health try to build the entire corporate IT here before, or pretty close anyway. outcomes, and those massive costs and system, without even talking to each There was, some time ago, a new tech- poor health outcomes make the financ- other? Of course not. It would be a ri- nology. Similar to health information ing and access problems actually hard- diculous strategy. None of your divi- technology, it would transform an in- er to solve. So I wish to focus now on sions would want to go first. Each divi- dustry; similar to health information system reform to give us a better oper- sion would like to wait and be a free technology, it would lower costs and ating health care system. rider on the investment of another di- expand service; similar to health infor- We have to start by recognizing that vision. Each one would face what I call mation technology, it was a win-win America’s health care information the ‘‘Betamax risk,’’ that they will in- situation for business and for con- technology is decades behind where it vest in a technology that proves not to sumers. could be. The Economist magazine has be the winning technology, and each But the technology was, like health described it as the worst in any Amer- would have to figure out how to pay for information technology, stuck in a po- ican industry except one—the mining the system, the whole system, out of litical and economic traffic jam. industry. As a result, we are losing bil- only its own share of the gains. The re- Our President at the time came up lions and billions of dollars to waste, to sult is the capital would not flow effi- with the solution. The technology was inefficiency, and to poor quality care. ciently. communications satellites. The Presi- Ultimately, and tragically, lives are This pretty well describes where we dent was John F. Kennedy. The solu- lost to preventable medical errors be- are in America on health information tion was COMSAT. cause health care providers do not have technology. So here, in Washington, we The COMSAT legislation broke the adequate decision support for their de- have a job to do. First, we have to set logjam. The COMSAT legislation cre- cisions on treatment, medication, and some ground rules. In the old days, ated a publicly chartered corporation other care. when our Nation was building rail- with a private board that raised the Let us stop on the financial question roads, the Government had a simple capital, launched the satellites, was for a moment. Some pretty respectable job to do: It had to set the require- profitable and successful for decades, groups have looked at health informa- ments for how far apart the rails were and eventually merged into Lockheed- tion technology to see what they think going to be. That way a boxcar loading Martin—a true public-private success it would save in health care costs, and in San Francisco could get to Provi- story. here is what they report: RAND Cor- dence, RI, and know it could travel the My proposal, in a nutshell, is to cre- poration, $81 billion, conservatively, whole way on even rails. The develop- ate a not-for-profit, modern COMSAT every year; David Brailer, former Na- ment of the rail system would never for health information technology. Be- tional Coordinator for Health Informa- have happened without those ground cause of the complexity of the health tion Technology, $100 billion every rules. care information puzzle, legislation is

VerDate Aug 31 2005 00:11 May 25, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.006 S24MYPT1 bajohnson on PRODPC74 with SENATE S6582 CONGRESSIONAL RECORD — SENATE May 24, 2007 too blunt an instrument to drive the It just angers me that it’s just another LCpl Walter K. O’Haire, of Lynn, MA; details. But an organization like this friend that I’ve got to lose and deal with, be- SGT Timothy P. Padgett, of Defuniak can be flexible enough to meet market cause I’ve already lost 13 friends since I’ve Springs, FL; SPC Dan H. Nguyen, of demands and can maintain the exper- been here and I don’t know if I can take it Sugar Land, TX; SSG Vincenzo Romeo, anymore. tise to develop the details as the plan of Lodi, NJ—my home State; SGT develops. American leaders could be re- Much of America feels the same way. Jason R. Harkins, of Clarkesville, GA; cruited from the private sector to lead Outside of my office in Washington we SGT Joel W. Lewis, of Sandia Park, this board—CEOs from the IT sector, have a tribute called ‘‘The Faces of the NM; CPL Matthew L. Alexander, of America’s top retailers, manufacturers, Fallen.’’ Visitors from across the coun- Gretna, NE; CPL Anthony M. Brad- and service providers; the champions of try have stopped by this memorial— shaw, of San Antonio, TX; CPL Mi- health information technology in the pictures of those who perished. I en- chael A. Pursel, of Clinton, UT; SSG medical community; enlightened con- courage my colleagues to come and see Virgil C. Martinez, of West Valley, UT; sumers and labor representatives. these photographs displayed on plac- SGT Sameer A. M. Rateb, of Absecon, I ask my colleagues to think of the ards on the third floor of the Hart NJ—my home State; COL James W. caliber of just a few of America’s lead- Building. Harrison Jr., of Missouri; MSG ers who have spoken to them about Since the beginning of May, and we Wilberto Sabalu Jr., of Chicago, IL; this issue, or spoken out publicly: are now at the 24th of May, the Pen- SSG Christopher N. Hamlin, of London, Andy Stern at SEIU, Jim Donald at tagon has announced the deaths of 75 of KY; PFC Larry I. Guyton, of Brenham, Starbucks, John Chambers at Cisco, or our troops in Iraq and Afghanistan TX; SSG Christopher S. Kiernan, of Lee Scott at Wal-Mart. coming from thirty-one different Virginia Beach, VA; MSG Kenneth N. In conclusion, enormous cost savings, states. I want them to be remembered. Mack, of Fort Worth, TX; CPL Charles new technological horizons, empower- Today, I am going to read their O. Palmer II, of Manteca, CA; PFC Je- ment of patients, better quality of names into the RECORD. As we listen to rome J. Potter, of Tacoma, WA; SSG care, more convenience and efficiency, the names, the real cost of this war is Coby G. Schwab, of Puyallup, WA; SPC and lives saved by improved informa- being felt in many homes across this Kelly B. Grothe, of Spokane, WA; SPC tion, error reduction, and decision sup- country. Andrew R. Weiss, of Lafayette, IN; SPC port—what a rich area this opens up for These are the names: LCpl Benjamin Matthew T. Bolar, of Montgomery, AL; American technological companies, for D. Desilets, of Elmwood, IL; CPL Ju- LCpl Johnathan E. Kirk, of Belhaven, American health care providers, for lian M. Woodall, of Tallahassee, FL; NC; PFC Joseph G. Harris, of Sugar American patients, and for American CPL Ryan D. Collins, of Vernon, TX; Land, TX; 1LT Colby J. Umbrell, of manufacturers now drowning under SGT Jason A. Schumann, of Hawley, Doylestown, PA; 1LT Ryan P. Jones, of health care costs, if only we can break MN; SSG Christopher Moore, of Massachusetts; SPC Astor A. Sunsin- the logjam blocking this future now. Alpaugh, CA; SGT Jean P. Medlin, of Pineda, of Long Beach, CA; PFC Katie I hope my colleagues will consider se- Pelham, AL; SPC David W. Behrle, of M. Soenksen, of Davenport, IA. riously my legislation, proposing a Tipton, IA; SPC Joseph A. Gilmore, of Mr. President, as you heard, this list nonprofit, privately led corporation Webster, FL; PFC Travis F. Haslip, of includes two brave men from New Jer- that will help open the doors to that Ooltewah, TN; PFC Alexander R. sey—I visited their families—SSG Vin- future. Varela, of Fernley, NV; SFC Jesse B. cent Vincenzo Romeo and SGT Sameer I yield the floor. Albrecht, of Hager City, WI; SPC Coty Rateb. Staff Sergeant Romeo was from The ACTING PRESIDENT pro tem- J. Phelps, of Kingman, AZ; PFC Victor Lodi, NJ, and Sergeant Rateb was from pore. The Senator from New Jersey is M. Fontanilla, of Stockton, CA; SGT Absecon, NJ. recognized. Ryan J. Baum, of Aurora, CO; SGT Jus- It also includes SGT Allen J. Mr. LAUTENBERG. Mr. President, I tin D. Wisniewski, of Standish, MI; Dunckley. His funeral is taking place ask unanimous consent for 10 minutes SGT Anselmo Martinez III, of today at 10:30, 5 minutes from now. His to speak in morning business. Robstown, TX; SPC Casey W. Nash, of family is from Glassboro, NJ. PVT An- The ACTING PRESIDENT pro tem- Baltimore, MD; SPC Joshua G. Ro- thony J. Sausto lived in Hamilton pore. Without objection, it is so or- mero, of Crowley, TX; SFC Scott J. Township, NJ. dered. Brown, of Windsor, CO; SPC Marquis J. We cannot forget these brave men f McCants, of San Antonio, TX; PFC and women. The Nation cannot afford Jonathan V. Hamm, of Baltimore, MD; HONORING OUR ARMED FORCES to forget their sacrifice. We have to re- SGT Steven M. Packer, of Clovis, CA; member that these brave souls left be- Mr. LAUTENBERG. Mr. President, PFC Aaron D. Gautier, of Hampton, hind parents and children, siblings, today is going to be a day of great im- VA; SSG Joshua R. Whitaker, of Long friends. Their sorrow will last forever. portance to America. We are going to Beach, CA; SGT Allen J. Dunckley, of We want them to know the country be voting on the supplemental bill to Yardley, PA; SGT Christopher N. Gon- thinks about them, and we make a fund the surge and the number of sol- zalez, of Winslow, AZ; SGT Thomas G. pledge to preserve their memory with diers on duty in Iraq and Afghanistan. Wright, of Holly, MI; LCpl Jeffrey D. the dignity that those who served and But last night we learned the body of Walker, of Macon, GA; PFC Zachary R. paid this price deserve. one of the missing soldiers in Iraq was Gullett, of Hillsboro, OH; MAJ Larry J. I yield the floor. found. Despite our prayers, he was Bauguess Jr., of Moravian Falls, NC; The ACTING PRESIDENT pro tem- dead. We were informed that the body PFC Nicholas S. Hartge, of Rome City, pore. The Senator from Wisconsin. of Joseph Anzack, Jr., was pulled from IN; SFC James D. Connell Jr., of Lake f the Euphrates River south of Baghdad. City, TN; PFC Daniel W. Courneya, of On May 12, he and two of his col- Nashville, MI; CPL Christopher E. Mur- SUPPLEMENTAL APPROPRIATIONS leagues went missing after they were phy, of Lynchburg, VA; SSG John T. Mr. FEINGOLD. Mr. President, I ap- ambushed by insurgents. How did the Self, of Pontotoc, MS; SPC Rhys W. preciate the remarks of the Senator capture of three Americans take place? Klasno, of Riverside, CA; MAJ Douglas from New Jersey. Are we short of troops to back them up A. Zembiec, of Albuquerque, NM; PVT I rise today to express my disappoint- or is it so dangerous we just can’t over- Anthony J. Sausto, of Lake Havasu ment, both in the final version of the come the odds we face? City, AZ; 1LT Andrew J. Bacevich, of supplemental spending bill that we ex- All of America is hoping and praying, Walpole, MA; PFC William A. Farrar pect to consider today, and in the proc- as we keep these other two soldiers in Jr., of Redlands, CA; SPC Michael K. ess that led to this badly flawed bill. our hearts and our minds, that they Frank, of Great Falls, MT; PFC Roy L. Those two concerns are linked because will be found alive by the troops Jones III, of Houston, TX; SGT Jason the flawed procedure the Senate adopt- searching for them. W. Vaughn, of Iuka, MS; SGT Blake C. ed when we passed a sham supple- One of the soldiers searching for Stephens, of Pocatello, ID; SPC Kyle A. mental bill last week, without debate their two colleagues said something to Little, of West Boylston, MA; SGM or amendments, helped grease the the Associated Press. I quote him here. Bradly D. Conner, of Coeur d’Alene, ID; wheels for a final bill that contains no

VerDate Aug 31 2005 03:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.008 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6583 binding language on redeployment. whom had been killed execution style. Pending: While our brave troops are stuck in the Nineteen of them were found within Reid (For Kennedy/Specter) amendment middle of a civil war in Iraq, we have a parts of the city where the troops have No. 1150, in the nature of a substitute. bill with political benchmarks that ‘‘surged.’’ Grassley/DeMint amendment No. 1166 to lack meaningful consequences if they The administration’s policy is clearly amendment No. 1150, to establish a perma- are not reached. untenable. The American people know nent bar for gang members, terrorists, and other criminals. Legislation as important as this that, which is why they voted the way Cornyn amendment No. 1184 (to amend- funding bill should have been openly they did in November. They want us ment No. 1150), to establish a permanent bar considered in this body. I am talking out of Iraq, and they want us out now. for gang members, terrorists, and other about an open and on-the-record debate They don’t want to give the so-called criminals. with amendments offered and voted surge time. They don’t want to pass Coleman/Bond amendment No. 1158 to upon. That is the way the Senate is this problem off to another President amendment No. 1150, to amend the Illegal supposed to operate. I shared the desire and another Congress. And they sure Immigration Reform and Immigrant Respon- sibility Act of 1996 to facilitate information of my colleagues to pass this important don’t want another American service- member to die or lose a limb while sharing between federal and local law en- bill as quickly as possible, but that was forcement officials related to an individual’s no excuse for us avoiding our respon- elected representatives put their own immigration status. sibilities as legislators. Unquestion- political comfort over the wishes of Akaka amendment No. 1186 to amendment ably, it was easier and faster for us to their constituents. No. 1150, to exempt children of certain Fili- send a place holder bill back to the It was bad enough to have the Presi- pino World War II veterans from the numer- House. By doing that, the real work dent again disregard the American peo- ical limitations on immigrant visas. could be done behind closed doors ple by escalating our involvement in The PRESIDING OFFICER. The Sen- where all kinds of horse trading can Iraq. Now, too, Congress seems to be ator from New Jersey is recognized. occur and decisions are unknown until ignoring the will of the American peo- AMENDMENT NO. 1158 the final deal is sealed. That process ple. If the American people cannot Mr. MENENDEZ. Mr. President, I makes it a lot easier for most Members count on the leaders they elected to would like to start this morning’s de- of Congress to avoid responsibility for listen to them and to act on their de- bate on immigration by speaking to the final outcome—we didn’t have to mands, then something is seriously two of the pending amendments that cast any votes or make any difficult wrong with our political institutions or are before the Senate. First, I would decisions. In short, we didn’t have to with the people who currently occupy like to speak toward the Coleman do any legislating. those institutions. amendment. Now that we face a badly flawed, I urge my colleagues to reject the Under Senator COLEMAN’s amend- take-it-or-leave-it bill, we can simply weak supplemental conference report ment, he would, in essence, undermine shrug, apparently, and tell our con- and to stand strong as we tell the ad- the rights of States and local munici- ministration it is time to end the war stituents we did the best we could. palities which have instructed their po- that is draining our resources, strain- That is not good enough, not when we lice, health, and safety workers from ing our military, and undermining our are talking about the most pressing inquiring about the immigration status national security. of those they serve in order to protect issue facing this country. I yield the floor, and I suggest the ab- In the 5 months we have been in con- the health and safety and promote the sence of a quorum. general welfare of the community. trol of Congress, a unified Democratic The PRESIDING OFFICER (Mr. caucus, with the help of some Repub- As Ronald Reagan said: Here we go OBAMA). The clerk will call the roll. licans, has made great strides toward The assistant legislative clerk pro- again. Over the last several years, par- changing the course in Iraq. We were ceeded to call the roll. ticularly in the House of Representa- able to pass the first supplemental bill, The PRESIDING OFFICER. The Sen- tives, there have been different pieces supported by a majority of the Senate, ator from New Jersey. of legislation and amendments offered that required the phased redeployment Mr. MENENDEZ. Mr. President, I ask and debated that would deputize State of our troops to begin in 120 days. unanimous consent that the order for and local police to enforce what is, in Last week, a majority of Democrats the quorum call be rescinded. essence, Federal civil immigration law. supported ending the current open- The PRESIDING OFFICER. Without The Coleman-Bond amendment would ended mission by March 31, 2008. It has objection, it is so ordered. effectively prohibit State and local been almost 1 year since 13 Senators Mr. MENENDEZ. Mr. President, what Government policies that seek to en- supported the proposal I offered with is the pending business before the Sen- courage crime reporting and witness Senator KERRY that would have ate? cooperation by reassuring immigrant brought our troops out of Iraq by this The PRESIDING OFFICER. The ma- victims that police and other govern- summer. Now, 29 Senators support an jority has 4 minutes left in morning ment officials will not inquire into even stronger measure, enforced by business. their status. Congress’s power of the purse, to safely Mr. MENENDEZ. Mr. President, on So the amendment would send a redeploy our troops. behalf of the majority, I yield back the mandate from Washington that would Unfortunately, after that strong time. end State and local policies that pre- vote, we are now moving backward. In- The PRESIDING OFFICER. Without vent their employees, including police stead of forcing the President to safely objection, it is so ordered. and health and safety workers, from in- redeploy our troops, instead of coming f quiring about the immigration status up with a strategy providing assistance CONCLUSION OF MORNING of those they serve if there is ‘‘probable to a postredeployment Iraq, and in- BUSINESS cause’’—probable cause; exactly what stead of a renewed focus on the global standard we are going to use for that is The PRESIDING OFFICER. Morning fight against al-Qaida, we are faced still, in my mind, not quite defined—to business is closed. with a spending bill that just kicks the believe the individual being questioned can down the road and buys the admin- f is undocumented. istration time. COMPREHENSIVE IMMIGRATION Now, I have talked to some of the But why, I ask you, would we buy the REFORM ACT OF 2007 toughest law enforcement people administration more time? Why should The PRESIDING OFFICER. Under across the country. Many cities, coun- we wait any longer? Since the war the previous order, the Senate will re- ties, and police departments around began in March 2003, we have lost more sume consideration of S. 1348, which the country have decided that it is a than 3,420 Americans, with over 71 the clerk will report. matter of public health and safety not killed since the beginning of this The assistant legislative clerk read to ask, not to ask about the immigra- month. Last month, we lost over 100 as follows: tion status of people when they report Americans. Last weekend, the media A bill (S. 1348) to provide for comprehen- crimes or have been the victims of do- reported that 24 bodies were found sive immigration reform and for other pur- mestic abuse or go to the hospital lying in the streets of Baghdad, all of poses. seeking emergency medical care.

VerDate Aug 31 2005 03:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.009 S24MYPT1 bajohnson on PRODPC74 with SENATE S6584 CONGRESSIONAL RECORD — SENATE May 24, 2007 Currently, scores of cities and States someone who might even be described documented immigrants but legal im- across the Nation have such confiden- as more characteristically Hispanic or migrants and citizens from not being tiality policies in place, some upwards maybe Asian or some other group, and subject to being prosecuted simply be- of 20 years of having such policies in I do not happen to have insurance, as, cause of who they are, what they look place. The point of these policies is to unfortunately, 40 million Americans like, how they sound, what their sur- make sure immigrants report crimes who are here as U.S. citizens do not name is, because God knows what the and information to police and do not have, and in that moment, I am asked probable cause is. stay silent for fear that their immi- whether I am an American citizen. Mr. KENNEDY. Would the Senator grant status or that of a loved one That would be shameful. You would yield on that point? could come under scrutiny if they con- not ask any other citizen that. But Mr. MENENDEZ. I don’t think that tact the authorities. what you create under these sets of cir- is the America we want. Information is one of the most pow- cumstances is the opportunity for law I am happy to yield. erful tools law enforcement has to enforcement, for health officials, for Mr. KENNEDY. I just wonder if the prosecute individuals in the course of a emergency management officials to Senator would yield on this point be- crime, to know who the perpetrator begin to ask the questions. And under cause this is extremely important. This was, to know who was in the gang ac- what probable cause? The way someone is about American citizens too. There tivity, to know who is the drug dealer. looks? The accent with which they are individuals who go to a hospital, Think of the potential chilling effect speak? The surname? Under what prob- people who take their children to this amendment could have on the will- able cause? Under what probable cause? school for vaccinations, and this has ingness and ability of immigrant crime The misfortune of not having health the language that if an official has victims and witnesses, those who have insurance? Is that an indicator that probable cause to believe they are un- been victims of domestic abuse, and documented, they can question that in- those who may need emergency health you are likely not here in a docu- mented fashion, those who look a cer- dividual. care to turn for assistance if they Suppose they question them before feared that deportation rather than re- tain way? This amendment can clearly also en- they treat them? The way I look at it ceiving assistance would result. That is and read that, this could be an Amer- why cities and States have passed local courage racial profiling. People who look or sound foreign would be the ones ican who goes in, an American citizen laws and set policies limiting when po- goes in, and for some reason, some at- lice and city and county employees can whose citizenship or immigration sta- tus will be questioned. Under this tendant says: Well, I have reason to be- ask people to prove their immigration lieve this is undocumented, let’s see all status. amendment, we are asking public hos- of your papers, while the person is ei- States and local police have long pital workers, teachers, police, social sought to separate their activities from workers, and all public employees to ther trying to be attended to, with a those of the Federal immigration decide where there is probable cause to serious injury, or trying to get their agents in order to enhance public safe- believe someone does not have lawful child immunized to protect not only ty. Now, why do States and local law immigration status. That means treat- that child but other children in the enforcement entities do that? Why is ing anyone who looks or sounds foreign classroom. How in the world are they that? Because when immigrant com- with suspicion. In my mind, that is going to be able to do that without munity residents begin to see State just plain wrong. opening up a whole system of profiling and local police as deportation agents, One could argue that the Coleman in this country? they stop reporting crimes and assist- amendment is a coercive action I maintain that we have very strong ing in investigations. It undermines against any State, municipality, or border security and we have very the trust and cooperation with immi- other entity to say to that State, mu- strong provisions in here in terms of grant communities that are essential nicipality, or other entity that they employment security, to try to make elements of community-oriented polic- must do a series of things, such as ob- sure we are going to have the right ing. taining information on a person’s sta- people who are going to be able to work There are numerous examples of po- tus, like my own, which I was born in here and we are going to know who is lice opposing such efforts. In fact, in this country. So much for States going to be able to come into the 2005, Princeton, NJ, police chief An- rights. So much for the local munici- United States. But this here really thony Federico said: palities know best. For 15 years in the seems to me to be endangering Amer- Local police agencies depend on the co- Congress, I have listened to my Repub- ican citizens in a very important way. operation of immigrants, legal and illegal, in lican colleagues speaking of States I was just wondering if the Senator solving all sorts of crimes and in the mainte- rights, of local rules, of States knowing might comment on that. nance of public order. Without assurances best. But I guess they do not know best Mr. MENENDEZ. Well, I appreciate that they will not be subject to an immigra- when it comes to the law enforcement the question and the Senator’s observa- tion investigation and possible deportation, of their own communities. tions. The Senator is absolutely right. many immigrants with critical information Actually, this makes hospital workers would not come forward, even when heinous We don’t need a provision such as crimes are committed against them or their this. Current law already provides enforcement workers. This makes your families. ample opportunity—ample oppor- local volunteer ambulance corps an So those who are entrusted to pro- tunity—for State and local police to agent because a municipality may say: tect us understand that the relation- assist Federal immigration agents in We don’t want you to ask that ques- ship of trust built with the immigrant enforcing the laws against criminals tion; we want you to deal with the life- community would be ruined overnight and terrorists. What they cannot do is saving moment that is before your if this provision becomes law. start asking everyone they come across hands. This amendment would also cause for their ‘‘papers.’’ ‘‘Let me see your As a matter of fact, let’s think about millions of people in this country, not papers.’’ an outbreak of disease. We have an out- just immigrants—not just immi- States and localities that do want to break at a hospital. Do you not want grants—to think twice about getting take on a broader role in immigration that individual to be able to go and be the medical treatment they need. Why enforcement can enter into a memo- treated and contain the outbreak? No, would we discourage individuals from randum of understanding with ICE, re- let’s find out what their status is. If receiving medical care? Let’s think ceive training in immigration law, and you happen to have a surname that is about the possible consequences for a assist in enforcement operations under what we conceptualize as undocu- second. You are rolled into an emer- Immigration’s supervision. That al- mented, or if you don’t have command gency room, and you do not have insur- ready exists in the law, and there are of the English language in a powerful ance. Would there be ‘‘probable cause’’ communities which have chosen to do way, we conceptualize that you must to be asked whether you are here le- that. be undocumented. If you don’t have in- gally in the United States? Mr. President, this amendment would surance, that must be an indicator of Assume I get rolled into an emer- create fear in entire communities, probable cause, even though there are gency room ‘‘Mr. Menendez’’ or maybe would inevitably deter not only un- 40 million U.S. citizens who don’t have

VerDate Aug 31 2005 03:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.011 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6585 it. Clearly, this turns people who have new interior enforcement strategy, it eliminated from all of those provisions professed to protect, to defend, and to seems to me what we will see is the during Judiciary Committee markup in provide health care into agents against rounding up of thousands of undocu- past legislation, but now it emerges their will. That is why municipalities mented workers during worksite en- again. and States have chosen a different forcement actions while we are sup- We can be tough. We can be smart. course. They understand better. That posedly waiting for the triggers which The underlying substitute does so is why I certainly urge a strong ‘‘no’’ we enhanced yesterday. We made those much to move us forward in this re- vote on the Coleman amendment. even more difficult, which means it gard. But at the end of the day, let us AMENDMENT NO. 1184 isn’t going to be 18 months for those not undermine the very essence of the I wish to turn to another amendment triggers to take place, it is going to be constitutional guarantees that have pending before the Senate, the Cornyn a lot more time, if this is what ends up been upheld by the courts—of judicial amendment. I will talk about some ele- being the final bill. review, of due process, which makes ments of this to give our colleagues in In that effort, we are going to have America worthy of fighting for and the Senate a taste of what is here. This individuals who ultimately are not dying for, the Constitution, the Bill of is far from a technical amendment. It going to be subject to the opportunities Rights that enshrines those essential has very substantive consequences, if it we supposedly say are a pathway to rights and guarantees them to all of us, were to be adopted. It actually under- earn legalization as part of the overall for its enforcement that makes us so mines the ‘‘grand bargain’’ that I un- solution to our problem. Because the different than so much of the rest of derstood was struck. Let me give one amendment is retroactive, and retro- the world. We are moving in this bill, of the examples of how it undermines activity as a provision of law is some- by a series of amendments—some that the ‘‘grand bargain.’’ A provision of the thing we generally have disdain for, it would have been adopted and some that Cornyn amendment adds new grounds would apply even to those applying for are already pending and others I fear of deportability for convictions relat- admission after the date of enactment. may come—into a state in which that ing to Social Security account num- Clearly, it puts in jeopardy the total is continuously eroded to great alarm. bers or Social Security cards and relat- element of the legalization process. I hope the Senate will reject these be- ing to identity fraud. As with virtually Secondly, to address a different pro- cause in terms of their pursuit and en- all of the other provisions in his vision of the Cornyn amendment, it forceability, at the end of the day, they amendment, this suspension is retro- permits secret evidence to be used will become real challenges. active. So upon passage of this bill, if against an individual without any op- We are going to overturn States and it were to become law, these new of- portunity for it to be reviewed. This municipalities. We will make them en- fenses would go backward, would be- amendment gives the Attorney Gen- force them. Will there be penalties come retroactive, so that the acts that eral—and we have seen of late what is against States and municipalities that occurred before the date of enactment capable out of the Justice Depart- have a different view of public safety? would become grounds for removal. If ment—unreviewable discretion to use Secret evidence, is that the new stand- part of the goal is to bring those in the secret evidence to determine if an alien ard for us, secret evidence that is not shadows into the light and to apply for is ‘‘described in’’—not guilty of any- subject to review, not subject to be a program, you would have huge num- thing, but just described in—the na- contested? What are we going to per- bers of people who would in essence be tional security exclusions within the mit now? Retroactivity as a rule of law caught by this provision in a way that immigration law. A person applying for for the United States? You never know would never allow the earned legaliza- naturalization could have her applica- what you did before may have been tion aspect of what is being offered as tion denied and she would never know right or wrong. That is the essence of a real possibility for them. It would un- the reason for that denial, never have a why we don’t like retroactivity. We dermine the very essence of the ‘‘grand chance to appeal and prove it was tell people: This is the law, follow this bargain.’’ Significantly, this provision wrong. law. We expect them to do it. But we would place individuals applying for le- If a lawful permanent resident al- also don’t change it on them by passing galization in a catch-22 situation. We ready, somebody who followed the a new law and saying: By the way, that want them to come forward and reg- rules, obeyed the law, waited, came in, was wrong, you couldn’t do that, even ister because we want to know who is now a lawful permanent resident, though we told you you could, but here pursuing the American dream maybe even serving their country, was retroactively we changed it; now we versus who is here to destroy it. Yet if giving money to tsunami relief and ac- catch you in a set of circumstances in they admit to having used a false So- cidentally that money went to a char- which you have committed a crime. cial Security card to work in the ity controlled, for example, by the That is why we don’t do that generally United States, only to be prosecuted by Tamil Tigers in Sri Lanka, that person in the law. That is why the Cornyn a U.S. Attorney or one working in con- could be denied citizenship on the basis amendment should be defeated. cert with the Department of Homeland of secret evidence, and there would be I yield the floor. Security to selectively target certain no review in the courts. In sum, it al- The PRESIDING OFFICER (Mr. applicants, that individual’s ultimate lows deportation based upon TESTER). The Senator from Massachu- prosecution changes to a removal be- unreviewable determinations by the setts. cause of conduct that occurred prior to executive branch, determinations that Mr. KENNEDY. Mr. President, I the enactment, conduct that was fun- can be based on secret evidence that thank my friend and colleague from damentally incident to his or her un- the person cannot even see, let alone New Jersey for his comments, both on documented status. challenge. the Coleman amendment and the The potential impact of making lit- All of these provisions are retro- Cornyn amendment. erally thousands and thousands of un- active. Retroactivity is antithetical to To remind our colleagues, we intend documented workers subject to these core American values. What could be to have votes starting at 12:15. Yester- provisions would in essence nullify the more unfair than changing the rules in day we had some success on a number very essence of the earned legalization the middle of the game. That is why it of different amendments. We have a aspect of the ‘‘grand bargain.’’ We is unconstitutional in criminal law and number here which we expect votes on know that because of the failed em- strongly objectionable in a context through the afternoon. We will have a ployer sanctions, which this bill undoes like immigration law, where such full morning and afternoon. and makes sure we have the right type changes can have profound, life-alter- With regard to the Coleman amend- of employer verification and the right ing consequences. Why would we want ment, because the American people ob- type of sanctions and the right type of to repeat the mistakes of past immi- viously are concerned about security, enforcement, undocumented workers gration reform? Retroactivity in that we are concerned about security from have moved consistently in order to law led to incredible hardship and had terrorism. We are concerned as well earn a livelihood and support their the most strident immigration about security from bioterrorism or families in a way that would be under- hardliners questioning whether the law from the dangers of nuclear weapons. mined by this amendment. Given ICE’S had gone too far. Retroactivity was We have heard those words. We have

VerDate Aug 31 2005 00:11 May 25, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.050 S24MYPT1 bajohnson on PRODPC74 with SENATE S6586 CONGRESSIONAL RECORD — SENATE May 24, 2007 taken action on many of them. We still get the immunization? Or are we going laws like they understood it and knew have much to do. But we have in this to say to the medical professionals: what they were talking about. How in legislation taken a number of very im- Well, I think that person is undocu- the world are we going to expect the portant steps with regard to security. mented. I think they may be illegal. local policeman or the local nurse or It is important to understand what has Sure, they have papers. They look OK. the local doctor to understand it when been done in this legislation in terms But I am not sure they are OK, so on the floor of the Senate they do not of security and how the Coleman therefore I am not going to treat them. even understand it? amendment fails to meet the test. In a This is false security. We have tough What are going to be the implica- number of areas, it probably endangers security in the bill. tions? The implications are going to our security. It does so with regard to What are we going to say in the situ- be: There is going to be increased fear, health care, education. It may even in ation where we have battered women— increased discrimination, increased other areas as well. which is taking place today in too prejudice, and increased disruption— In this legislation, we are doubling many communities across this coun- not only of people’s lives but also of the Border Patrol. We are creating a try? It is a reality. We might not like the public health system, the edu- new electronic eligibility verification it, but it is a reality, and many of the cation system, and the law enforce- system, increasing penalties on non- people who are being battered happen ment system. compliant employers by a factor of 20. to be immigrants, undocumented indi- So this amendment does not make We are increasing detention space and viduals. What are they going to do sense. At an appropriate time, we will requiring more detention of undocu- after they are getting beaten and beat- comment further about it. mented immigrants, pending adjudica- en and beaten and they go on in to try The PRESIDING OFFICER (Mr. tion of their cases. We are expanding to get some medical care? Oh, no. Well, BROWN). The Senator from Pennsyl- the definition of aggravated felony to you are undocumented, so we are going vania. encompass a wider array of offenses. to report you for deportation. Report Mr. SPECTER. Mr. President, I re- We are increasing the penalties related to deport. That is the Coleman amend- spect the purpose the distinguished to gang violence, illegal entry, and ille- ment: Report to deport—trying, in Senator from Minnesota has in advanc- gal reentry. We are increasing pen- these situations, to meet the imme- ing this amendment, but I believe it alties related to document and pass- diate needs. would have a chilling effect on the re- What is going to happen to the mi- port fraud. The list goes on. The ques- porting of crime by immigrants whose grant, the undocumented, who sees a tion is, does this amendment add to status is undocumented. crime, knows the people, is prepared to our security, or does it make us more We had a hearing on this subject in make sure the gangs who are distrib- vulnerable to a public health crisis, Philadelphia, for example. The chief of uting drugs—they are a witness to a more vulnerable to crime, terrorist at- police, Sylvester Johnson, had this to crime in the community and they go tack, and less competitive? say: What we are basically doing with the down to the police department and the Meeting public safety objectives is only Coleman amendment is saying to any first thing the police officer says is: possible when the people trust their law en- Well, you look like you are undocu- forcement officials. Fear of negative con- teacher, any doctor, any nurse, any mented. Let’s see your papers, and sequences or reprisal will undermine this im- public official, if they believe they they arrest the person, rather than portant element of successful police work. have probable cause—and we have to solving the crime, rather than stopping Many major cities in the United understand what that means in terms the gang. States have adopted so-called sanc- of the individual, how they are going to So this is, I think, false security and tuary city policies, such as Phoenix, know there is probable cause—then unnecessary. We will have a chance to Los Angeles, San Diego, Philadelphia, they can test the individual that is be- address that. As we mentioned earlier, San Francisco, New Haven, Portland, fore them to find out whether they are the amendment would prevent the Baltimore, Detroit, Minneapolis, Albu- undocumented, whether they are legal, local governments from having the querque, and New York. or whether they are an American. flexibility to reassure fearful immi- Mayor Bloomberg testified before the Let’s take an example. Tuberculosis, grant communities it is safe to come Judiciary Committee saying: which we have seen grow dramatically forward for programs that are abso- Do we really want people who could have over the last 3 years for a number of lutely essential to public health and information about criminals, including po- different reasons—71 percent of those safety. If the immigrant families are tential terrorists, to be afraid to go to the who have tuberculosis are foreign. But afraid to access the key public health police? in order to protect American children interventions, such as immunization or Mayor John Street of Philadelphia, from tuberculosis, we need to screen screening for communicable disease, in a letter to me, said: and protect those who have tuber- the public health consequences for the It is imperative that immigrants who may culosis; otherwise, we will find the tu- entire community are severe. be witnesses to or victims of crime not suffer berculosis is going to spread. When the Nation is attempting to be repercussions as they attempt to give and re- Well, what are we going to do? What prepared for the threat of biological ceive assistance from law enforcement. is important is that if we find out a terrorism or serious influenza epi- Mr. President, I ask unanimous con- person comes in and the family has tu- demic, this is a dangerous policy. Local sent that the full statement of the berculosis and the individual says: governments need the flexibility to analysis of the amendment be printed Well, I am not sure I am going to treat keep the entire community safe. in the RECORD at the conclusion of my you because I am not sure you are an Public health workers should not be comments. American citizen or if you are undocu- enforcers. Public health workers The PRESIDING OFFICER. Without mented or if your papers are right, so I should not be enforcers of immigration objection, it is so ordered. am not sure we are going to treat you, law. This can create a massive fear of (See exhibit 1.) and that family has tuberculosis, the the health care system and upset the Mr. SPECTER. The essential point is child goes into a classroom with a com- trust of a patient-doctor relationship that undocumented immigrants, if municable disease and infects a num- that many public health workers have they are victims and make a report, or ber of American children? This is the worked to build among the immigrant if they are witnesses, or if they have typical kind of challenge. community for years. information about dangerous people— On immunization: Immunization is Further, social service and health terrorists, illustratively—should have down in this country dramatically. care providers are unlikely to be famil- confidence and feel free to come to the What happens? We know when we do iar with the complex and constantly police. Well-intentioned as this amend- not immunize the children, they be- changing immigration laws, which ment is, I think it would be counter- come more vulnerable to disease. would be needed to determine a pa- productive and unwise. Maybe these children are going to go tient’s status and for which they would AMENDMENT NO. 1190 into the public school system and are have to undergo extensive training. Mr. President, I think we are in a po- going to spread that disease. Isn’t it I have listened to the Members of the sition to accept the McCain amend- better to make sure they are going to Senate talk about the 1986 immigration ment when Senator KENNEDY returns

VerDate Aug 31 2005 00:11 May 25, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.051 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6587 to the floor. The thrust of the amend- Local law enforcement officials who in- The PRESIDING OFFICER. Without ment offered by Senator MCCAIN, No. quire about immigration status may subject objection, it is so ordered. 1190, would provide that undocumented themselves and their offices to civil litiga- Mr. DORGAN. Mr. President, this immigrants would have an obligation tion and claims of racial profiling: amendment is relatively simple. It is ‘‘[A]ll Police Departments are susceptible an amendment that would sunset the to pay Federal back taxes at the time to civil litigation as a result of civil rights their status is adjusted under the pro- suits. . . . [T]ime in court on a civil suit so-called guest worker or temporary visions of the bill. equates to fewer officers of our streets and worker provision. Mr. President, I ask unanimous con- settlements, court costs, and Plaintiff’s re- As my colleagues know, I was on the sent that I be added as an original co- wards all cost all citizens precious resources. floor the day before yesterday attempt- sponsor to the McCain amendment. With questionable federal law authority to ing to abolish the temporary or guest The PRESIDING OFFICER. Without enforce such immigration laws, and with a worker provision. I failed to do that. objection, it is so ordered. precedent of local police being sued for as- We had a vote and, regrettably, in the Mr. SPECTER. Mr. President, I note sisting in the enforcement of immigration Senate they count the votes, and when the presence of the Senator from North law, the probability of civil suits against they counted those votes, I was on the local departments as primary enforcers is a Dakota in the Chamber, who intends to major concern.’’ [Philadelphia Police Com- short end. I have felt very strongly speak, so I yield the floor. missioner Sylvester Johnson, Written testi- about this issue, and I wish to describe EXHIBIT 1 mony to SJC, 7/5/06 hearing, p. 2–3.] why. But having lost that vote, what I ANALYSIS OF AMENDMENT The PRESIDING OFFICER. The Sen- next propose is that we sunset the tem- Requiring local law enforcement to inquire ator from North Dakota. porary or guest worker provision. about immigration status undermines both Mr. DORGAN. Mr. President, my un- Let me describe that even if we were law enforcement efforts and raises national derstanding is—I will wait for Senator not on the floor of the Senate talking security concerns: KENNEDY to appear on the floor—my about immigration today, we have a ‘‘Meeting public safety objectives is only understanding is there would be an great deal of legal immigration in this possible when the people trust their law en- agreement to allow me to offer my country. We have a system by which forcement officials. Fear of negative con- there is a quota where we allow in peo- sequences or reprisal will undermine this im- amendment at this point, which would portant element of successful police work.’’ require me to set aside whatever pend- ple from other countries to become [Philadelphia Police Commissioner Sylvester ing amendment exists. If that is ac- citizens of our country, to have a green Johnson, Written testimony to SJC, 7/5/06 ceptable, I will do that, offer my card, to work, and then work toward hearing, p. 1.] amendment, and then speak on my citizenship. ‘‘Crime does not discriminate. Requiring amendment. Let me describe that even if we were immigration enforcement by local Depart- So I ask whether that it is acceptable not here with an immigration proposal, ments will create distrust among persons here is who would be coming to our from foreign lands living in the United for me to ask consent to set aside the pending amendment. country. The 2006 numbers, I believe, States. Undocumented immigrants will not are: 1.2 million people—1,266,000 peo- report victimization or cooperate in solving Mr. SPECTER. Mr. President, I think crimes or testifying for fear of deportation.’’ it is acceptable for the Senator from ple—last year came to this country le- [Philadelphia Police Commissioner Sylvester North Dakota to ask that the pending gally; 117,000 of them came from Africa; Johnson, Written testimony to SJC, 7/5/06 amendment be set aside. I will not ob- 422,000 came from Asia; 164,000 came hearing, p. 1.] ject, and I am the only Senator on the from Europe; 414,000 came from various ‘‘If an undocumented person is a victim or floor—unless the Presiding Officer ob- locations in North America, including a witness of a crime, we want them to come jects. the Caribbean, Central America, and forward. They should not avoid local police other portions of North America; for fear of deportation.’’ [SJC 7/5/06 hearing Mr. DORGAN. Mr. President, I ask unanimous consent that the pending 138,000 came from South America. transcript, p. 31, Philadelphia Police Com- Let me reiterate, the cumulation is missioner Sylvester Johnson.] amendment be set aside so I may be ‘‘It is imperative that immigrants who able to offer an amendment that is at 1.2 million people that came to this may be witnesses to or victims of crime not the desk. country legally, and received green suffer repercussions as they attempt to give The PRESIDING OFFICER. Without cards last year. So it is not as if there and receive assistance from law enforce- objection, it is so ordered. is not immigration—legal immigra- ment.’’ [Letter from Philadelphia Mayor tion. We have a process by which we John Street to Sen. Specter.] AMENDMENT NO. 1181 TO AMENDMENT NO. 1150 Mr. DORGAN. Mr. President, I ask allow that to happen. ‘‘Do we really want people who could have There are people, even as I speak this information about criminals, including po- for the amendment’s immediate con- morning, who are in Africa or Europe tential terrorists, to be afraid to go to the sideration. or Asia or South America or Central police?’’ [SJC 7/5/06 hearing transcript, p. 27, The bill clerk read as follows: America, and they have wanted to New York Mayor Michael Bloomberg.] The Senator from North Dakota [Mr. DOR- ‘‘It will also undercut homeland security come to this country, and they have GAN], for himself, and Mrs. BOXER, proposes efforts among immigrant communities, in an amendment numbered 1181 to amendment made application. They have waited 5 that those who that may know persons who No. 1150. years, 7 years, 10 years, and perhaps harbor knowledge of terrorist activities will The amendment is as follows: they have risen to the top of the list or no longer be willing to come forward to any close to the top of the list to—under (Purpose: To sunset the Y–1 nonimmigrant law enforcement agency for fear of reprisal the legal process for coming to this against themselves or their loved ones.’’ visa program after a 5-year period) [Philadelphia Police Commissioner Sylvester At the end of section 401, add the fol- country—be able to gain access to this Johnson, Written testimony to SJC, 7/5/06 lowing: country. hearing, p. 1.] (d) SUNSET OF Y–1 VISA PROGRAM.— Then, they read we have a new pro- Immigrants who live in fear of local au- (1) SUNSET.—Notwithstanding any other posal on immigration. No, it is not thorities may undermine public health ef- provision of this Act, or any amendment that immigration quota where you forts: made by this Act, no alien may be issued a apply and you wait over a long period ‘‘In the event of a flu pandemic or bioter- new visa as a Y–1 nonimmigrant (as defined of time. It is that if you came into this rorist attack, the City would provide prophy- in section 218B of the Immigration and Na- laxis to all of its infected residents regard- country by December 31 of last year— tionality Act, as added by section 403) after snuck in, walked in, flew in—illegally, less of immigration status. The immigrant the date that is 5 years after the date that population, due to fear, might refrain from the first such visa is issued. we, with this legislation, deem you to identifying themselves if infected, poten- (2) CONSTRUCTION.—Nothing in paragraph be here legally. We say: Yes, you came tially resulting in the spread of disease lead- (1) may be construed to affect issuance of here illegally. You were among 12 mil- ing to a public health crisis.’’ [Letter from visas to Y–2B nonimmigrants (as defined in lion of them who came here illegally— Philadelphia Mayor John Street to Sen. such section 218B), under the AgJOBS Act of some of them walking across, I assume, Specter.] 2007, as added by subtitle C, or any visa pro- on December 31, who crossed the south- ‘‘Do we really want people with contagious gram other than the Y–1 visa program. diseases not to seek medical treatment? Do ern border—and this legislation says: we really want people not to get vaccinated Mr. DORGAN. Mr. President, I ask Oh, by the way, that does not matter. against communicable diseases?’’ [SJC 7/5/06 unanimous consent that Senator DUR- What we are going to do is describe you hearing transcript, p. 27, New York Mayor BIN be added as a cosponsor to the as being here legally, and we are going Michael Bloomberg.] amendment. to give you a permit to go to work.

VerDate Aug 31 2005 00:11 May 25, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.052 S24MYPT1 bajohnson on PRODPC74 with SENATE S6588 CONGRESSIONAL RECORD — SENATE May 24, 2007 What does that say to people in Afri- to have to do that. What they want to lies and ask yourselves: What kind of ca or Asia or Europe who have been do is bring in cheap labor, and that is immigration is this? By the way, where waiting because they filed, they be- why we have a guest or a temporary will they get jobs when they come to lieved this was all on the level, there is worker provision. this country? We already have an agri- a process by which you come to this I talked yesterday on the floor of the cultural provision that is in this legis- country legally—it is quota—and they Senate about Circuit City, the story lation, so these are not farm workers. decided to go through that process? which reinforces all of this for me. Cir- We are not talking about people who What does it say to them that now we cuit City, a corporation all of us know, come and pick strawberries here. We have said: Do you know what. You announced they have decided to fire are talking about people who will as- would have been better off sneaking 3,400 workers. The CEO of Circuit City, sume jobs—we are told—in manufac- across the border on December 31 of it says in the newspaper, makes $10 turing. Why? Because we don’t have last year because, with a magic wand, million a year. They announced they enough American workers in manufac- this legislation would say you are per- are going to fire 3,400 workers at Cir- turing? Are you kidding me? fectly legal. cuit City because they make $11 an In addition to the 1.2 million people hour and that is too much to pay a I have described at length on the who came here legally, under this bill worker. They want to fire their work- floor of the Senate the people who lost there would be another 1.5 million peo- ers and hire less experienced workers their jobs because their manufacturing ple coming to do agricultural jobs. at a lower wage. This pernicious down- jobs went to China for 20 cents an hour There are also 12 million people who ward pressure on income in this coun- labor, 7 days a week, 12 to 14 hours a have come here illegally. Let me say try—fewer benefits, less retirement, day. They want to know where to get quickly I understand there will be less health care, lower income—is, in people to work in manufacturing? Go some of them who have been here 10 my judgment, initiated by the export find the people who were laid off—thou- years, 20 years, and more, who came of American jobs for low wages and the sands, hundreds of thousands, millions here—they didn’t come legally, I un- import of cheap labor for low wages, all laid off—because their company de- derstand that—but they have been here of it coming together to say to the cided they were going to make their for two or three decades. They have American worker: It is a different day products in China. If they need hints, raised their families here, they have for you and a different time for you. go back and read my previous speeches been model citizens, they have worked. Don’t expect the kind of wages you on the floor of the Senate. Fruit of the I understand we are not going to round used to have. There is downward pres- Loom underwear, a lot of folks worked them up and ship them out of this sure on all of those wages, and that is there; not anymore. Levi’s, not any country. I understand that. There part and parcel of what this proposal more. Huffy Bicycles, no more. Radio needs to be a sensitive, thoughtful way is: temporary guest workers. Flyer, Little Red Wagon, no more. Fig to address the status of those who have Let me show you a graph I put up the Newton Cookies, no. All of those folks been here for a long period of time and other day, and this is a graph that has worked for all of those companies. who have been model citizens. This is 200,000 temporary workers, because the Pennsylvania House Furniture. different than deciding that those who proposal I tried to completely abolish My colleague from Pennsylvania is walked across the border on December was bringing in 400,000 temporary on the floor. Pennsylvania House Fur- 31 of last year are going to be deemed workers a year. That was cut by the niture is a great example of what has legal. That is very different. Bingaman amendment to 200,000 a year. been happening, if you want to find But in addition to those questions Let me describe how it works, because some great workers, some real crafts- about the legal status of 12 million peo- I am anxious to put a tape recorder on men. I know I have told this story be- ple who came here without legal au- somebody and go listen to how they de- fore, and I will tell it again, because it thorization, the other question is: scribe this at a town meeting, if they is so important and so emblematic of Should we decide to bring additional decide to vote for this. what is going on. people into this country who aren’t Two hundred thousand foreign work- now here to take American jobs under ers can come in as temporary or guest Not many people know it, but Penn- a provision called the guest worker or workers for 2 years. So these 200,000 sylvania House Furniture, which is fine temporary worker provision? come in for 2 years; then the second furniture—those folks in Pennsylvania Now, you don’t have to read many year another 200,000 can come in, so who use Pennsylvania wood and were newspapers in the morning to see the you have 400,000 the second year, but craftsmen to put together upper-end next story about the company that the 200,000 who come in can come in for furniture, they all got fired because closed its plant, fired its workers, and 2 years, and they can bring their fam- La-Z-Boy bought them and they de- moved its jobs to China. You don’t ily if they wish. Then they have to go cided they wanted to move Pennsyl- have to spend a lot of time looking for home for a year and take their family vania House Furniture to China, and stories such as that. They are all with them, and then they can come they did. Now they ship the Pennsyl- around us, American companies export- back for 2 more years. Or, they can vania wood to China, make the fur- ing American jobs in search of cheap come in for 2 years, not bring their niture and sell it back here as Pennsyl- labor in China, Indonesia, Sri Lanka, family, go home for a year, and bring vania furniture. But on the last day of Bangladesh, and at exactly the same their family for another two years. Or, work with the last piece of furniture time, we see all of these stories about they can decide to come in for 2 years these Pennsylvania House Furniture exporting American jobs. We now see without a family, 2 years without a craftsmen produced—not many people the urgings of the biggest enterprises family, 2 years without a family, as know that they turned the last piece of in this country, many of which do ex- long as they stay 1 year between each furniture upside down, and as it came port these jobs in search of cheap of the 2-year periods; as long as they off the line, all of these craftsmen who labor. We see their urgings to allow stay 1 year outside of this country be- for years have made some of the finest them to bring in additional cheap labor tween those periods. It is the most Byz- furniture in this country, decided to from outside of this country into this antine thing I have seen. sign the bottom of that piece of fur- country to assume jobs American Now, what are the consequences of niture. Somebody in this country has a workers now have. They say these it? The consequences are this: This is piece of furniture and they don’t know workers are necessary because they cumulative, so what we have are these it has the signatures of all the crafts- can’t find American workers to do blocks of 200,000 workers who come and men at Pennsylvania House Furniture those jobs. That is not true. They don’t go, come and go. They stay 2 years, on the bottom of their piece of fur- want to pay a decent wage for those leave a year, bring their family, maybe niture. Do you know why they signed jobs. The people across the counter at don’t bring their family. It is unbeliev- it? Because they understood how good the convenience store, the people who able. We are not talking about a few they were. They didn’t lose their jobs make the beds in the morning at the million people here. Add all these fam- to China because they didn’t do good hotels, if they paid a decent wage, they ily members to these 200,000 workers work. They were wonderful craftsmen will get workers, but they don’t want who come for 2 years with their fami- and they were proud of their work and

VerDate Aug 31 2005 00:11 May 25, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.054 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6589 they wanted to sign that piece of fur- floor of the Senate. Why don’t we take more. I know we had discussion yester- niture. Somebody has that piece of fur- a look at 5 years and see where the day about chicken pluckers on the niture today, but none of those crafts- claims were made for the temporary floor of the Senate. How much money men have a job today. If somebody is worker provisions. Were they claims will chicken pluckers make? Well, I looking for a manufacturing worker, I that turned out to have been accurate will tell you one thing about chicken can steer them in the right direction. or not? pluckers and those who do that kind of We have plenty of people in this coun- Now, my understanding is—and I was work. They are never going to make try who need these jobs. looking for a statement in the press the money they used to make because We are told two things that are con- that was reporting on a colleague who of downward pressure on wages. That tradictory. We are told there is bona was part of the compromise, if I can downward pressure in that sector fide border security in this bill. I hap- find it. Let me read from Congress comes directly from a massive quan- pen to think the way you deal with im- Daily, Wednesday, May 23, which would tity of cheap labor that has come into migration, first and foremost, is to pro- have been yesterday. this country. That may be all right if vide border security. If you don’t have One change that might win over some you are not plucking chickens. border security, you don’t have immi- would be a sunset provision which Senator If you are working in one of those gration reform because all you will do Byron Dorgan, Democrat, North Dakota, plants and you see what happened to is nick at the edges and continue to said he wanted to offer after his proposal to wage standards and wage rates, it is have a stream of illegal workers flow- eliminate the guest worker program failed. very hard to say we are making ing into this country. So the first and Continuing to quote: progress on behalf of the American most important step is to provide bor- Senator Mel Martinez, Republican of Flor- worker. We are not. That is what der security. ida, who helped negotiate the compromise brings me to the floor of the Senate. I I was here in 1986, and I heard the immigration bill, said today he would not regret that I disagree with some very promises of border security, but in consider the sunset proposal a deal breaker. good friends in the Congress on these fact, there wasn’t border security. Em- I am quoting now Senator MARTINEZ issues. But the fact is that this is very ployer sanctions. In fact, there were from Congress Daily: important public policy. This public not employer sanctions that were en- Labor conditions might change, Martinez policy and things that attend to it and forced. No enforcement said. I don’t see why in five years we relate to it determine what kind of jobs of any consequence; no enforcement shouldn’t revisit what we have done. we are going to have in the future, with respect to employer sanctions. Martinez is among a group of roughly what kind of economic expansion we We are told a guest worker provision a dozen Senators dubbed the ‘‘grand will have, and what can the middle-in- is necessary because we cannot provide bargainers,’’ who have agreed to vote come families expect for themselves border security. Several of those who as a block to stop any amendments and their kids and their lives. have been involved with this com- they believe would unravel the fragile I am not going to speak much longer, promise have said: Workers will come immigration compromise on the Sen- but I wish to say this. I remind all my here illegally or legally; one way or an- ate floor. colleagues where we have been. Almost other, they are going to come in. My So at least one of the grand bar- a century ago, there was a man who colleague has a couple of times pointed gainers, Senator MARTINEZ, has told was killed. I wrote about him and said to the Governor of Arizona—and I sus- Congress Daily that the amendment I he died of lead poisoning. He actually pect she did say this; I don’t contest offer is not a deal breaker. He says: was shot 54 times—James Fyler. The that—the Governor of Arizona, Gov- I think it is perfectly reasonable. reason he was shot 54 times almost a ernor Napolitano, says: You know, if Again quoting him: century ago is he was one of these peo- you build a 50-foot-high fence, those ple who decided to fight for workers’ who want to come in will get a 51-foot I don’t see why in five years we should not rights in this country. He believed that ladder. revisit what we have done. people who were coal miners and went Well, if that is the case, if Governor So I would say to my colleagues, at into a coal mine ought to be able to ex- Napolitano is correct, then I guess we least one of the ‘‘grand bargainers,’’ so pect, one, a fair wage; two, they ought are not going to have border security described by Congress Daily, has said to expect to be able to work in a safe unless we cut the legs off 51-foot-lad- the amendment that I offer with Sen- workplace; they ought to have the ders. The implication of that is: Illegal ator BOXER and Senator DURBIN to pro- right to organize and fight for those immigration is going to occur, like it vide a sunset after 5 years to the tem- things. For that, he was shot 54 times. or not. Therefore, let’s have a tem- porary or guest worker provision would porary worker program, which means not be a deal breaker. For over a century, beginning with we will describe as legal those who We have passed a lot of legislation in that, we dramatically, and through come in illegally. That is the point. I the Congress that represents important great difficulty, improved standards in mean, I don’t understand this; I just policy choices and a number of those this country. We demanded safe work- don’t. pieces of legislation have sunset provi- places, fair labor standards, and all So I lose the amendment fair and sions. The farm bill. The farm bill has these things that would raise people square to try to strike that temporary sunset provisions in it. The Energy up. We expended the middle class and worker provision. I understand where bill, the bankruptcy reform bill, the in- created a country that is extraor- the votes were on it. But I come to the telligence reform bill, all have sunset dinary, a middle class in which they floor suggesting let’s do one additional provisions. The purpose: Let’s find out could find good jobs that paid well and thing. Let’s at least sunset this provi- what happened and then determine had decent fringe benefits. They nego- sion. what we do next. A sunset clause tiated for decent health care and re- Here is what will happen for 10 years doesn’t mean a piece of legislation will tirement benefits. We did something under the temporary worker provision. not get reauthorized. It might. If all of extraordinary in this country. That This chart shows 10 years, 200,000 in the the claims that buttress the original didn’t happen by accident. first year, 200,000 the second year. That passage turn out to be accurate, then At this point, all around the country, first group of 200,000 will be on their you might well want to reauthorize it. with middle-income workers, they see second year, so as those 200,000 con- But with other pieces of legislation, we a retraction of those things, a down- tinue their work the second year, an- have sunsetted key provisions. Why ward pressure on their income, much other 200,000 will join them, and then wouldn’t we want to do the same with less job security, and too many work- by the fourth year, we have 600,000. By respect to temporary workers, which ers being treated akin to wrenches— the fifth year, we have 800,000. will open the gate and say come into use them up and throw them away. If My proposition is this: Why don’t we this country. you pay $11 an hour, that is too much. decide to sunset this at the end of 5 This immigration bill that we have, You find workers for $8 an hour, with years and take a look at it and see. We with 12 million people being deemed no experience. Terrific. Or you can pay have plenty of experience with claims legal, who came without legal author- 30 cents an hour in China; that is even that have never borne fruit here on the ization, that is not enough. We need better.

VerDate Aug 31 2005 00:11 May 25, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.013 S24MYPT1 bajohnson on PRODPC74 with SENATE S6590 CONGRESSIONAL RECORD — SENATE May 24, 2007 You may say, what does that have to bucket, they came home and took a that, you have the right to complain, a do with this bill? A lot, in my judg- shower after work because they work right to file something with the Labor ment. That is what pushes me to come hard and sweat, those people want Department, and we are going to have to the floor on these amendments—not something better for their lives in this a thousand labor inspectors who are because I wish to hear myself talk or country. They want the ability to get going to go through the plants in the because I wish to take on friends but ahead and to get a decent wage for country to make sure you are pro- because I think the direction we are their work. tected. That doesn’t exist today. It will headed in is wrong. Yes, we have an im- Regrettably, all too often, that is under this legislation. migration problem. I accept that and I being denied them by a strategy that So what we are saying is that those understand that. I believe the first step says this country values cheap labor. who are coming in to work temporarily to resolving it is border security be- Mr. President, I yield the floor. are going to be treated equally under cause, otherwise, 10 or 15 years from The PRESIDING OFFICER. The sen- the U.S. labor laws. Employers must now, we will be back with another im- ior Senator from Massachusetts is rec- provide them workers’ compensation. migration problem, and we will under- ognized. So if something happens to them in the stand there was not border security. Mr. KENNEDY. Mr. President, I rise workplace, they will be compensated Those who tell us there is border secu- in opposition to the proposal of the rather than thrown out on the street. rity are the same ones who tell us, as Senator from North Dakota. I appre- Employers with histories of worker Janet Napolitano says, that if we build ciated over the period of these days the abuse cannot participate in the pro- a 50-foot fence, they will get a 51-foot good exchanges we have had on the gram. There are the penalties for em- ladder. You can’t stop it, so declare it issues of the labor conditions in this ployers who break the rules, which legal. Illegal immigration is going to country, which is what this legislation never existed before. occur, like it or not; therefore, let’s is all about. Now, we say: Well, you may very well have a temporary worker program. I I am going to put a chart behind me be taking jobs from American workers. disagree with that. that describes the circumstances of That is the question. What do you have The fact is, I don’t know all the nu- what is happening to undocumented to do to show that you are not going to ances of what happened this week. I workers and to American workers in take jobs from American workers? know this: The price for the support of New Bedford, MA. This is a picture of a Well, if the employer wants to hire a the national Chamber of Commerce in company in New Bedford, MA. This was guest worker, the employer must ad- the last bill brought to the Senate—the taken probably in the last 4 weeks. vertise extensively before applying for price for the support of the U.S. Cham- These were the undocumented workers a temporary worker. The employer ber of Commerce was to allow them to in New Bedford. This sweatshop is rep- must find out if any American responds bring in this cheap labor in the form of licated in city after city all over this to that. If they do, they get the job. So guest or temporary workers. I didn’t country. One of the key issues is: Can the employer has to advertise and the support it then; I don’t support it now. we do something about it? We say yes, employer must hire any qualified We have 1.2 million people who came and we say our legislation makes a American applicant. Temporary work- in legally last year. I support that very important downpayment to mak- ers are restricted in areas with high process. That is a quota system. The ing sure we do. unemployment, and employers cannot process works. We refresh and nurture Many of these individuals—not all— undercut American wages by paying this country with immigrants. So 1.2 are undocumented workers. This is temporary workers less. million were allowed in under the legal what happened to these workers. These So we are saying the temporary immigration system last year. That workers were fined for going to the workers are going to come in and be doesn’t count the agricultural workers bathroom; denied overtime pay; docked treated as American workers, and who would come in under the AgJobs 15 minutes pay for every minute they those who are undocumented are going program in this bill. That is another 1 were late to work; fired for talking to be treated as American workers. million-plus people. while on the clock; forced to ration toi- That is not the condition today. That I also understand the urging and the let paper, which typically ran out be- is the condition in this legislation. interest to try to be sensitive in resolv- fore 9 a.m. So this is the condition in How do we get there? Well, we get ing the status of people who have been sweatshops in New Bedford, MA. there with a comprehensive approach. here a long time. Yes, they came with- These conditions exist in other parts What do you mean by a comprehensive out legal authorization, but they have of my State, regrettably, and other approach? We are saying a comprehen- been model citizens. They have lived parts of this country. Why? Because we sive approach is that you are going to up the block, down the street, and on have, unfortunately, employers who have border security. That is part of it. the farm, and they have been among us are prepared to exploit the current con- But you are also going to have the op- and raised their families and gone to dition of undocumented workers in this portunity for people who are going to school; they have good jobs. Should we country—potentially, close to 121⁄2 mil- come in here through the front door— resolve their status with some sensi- lion are undocumented. Because they if you have a limited number of people tivity? Of course, I fully support that. are undocumented, employers can have coming in through the front door, and But you do not resolve that, in my them in these kinds of conditions. If that number is down to 200,000 now, judgment, by pointing to December 31 they don’t like it, they tell them they they will be able to come through the of last year and saying, by the way, will be reported to the immigration front door, and they will be able—in anybody who came across December 31 service and be deported. That is what is areas where American workers are not of last year and prior to that is consid- happening today. present, willing or able to work—to ered to have legal status in our coun- I yield to no one in terms of my com- work in the American economy, with try. That is the wrong way to resolve mitment to working conditions or for labor protections, which so many do it. fairness and decency in the workplace. not have today. Let me do two things. Let me urge That is happening today. The fact that But we are going to have to say you my colleagues to support a 5-year sun- we have those undocumented workers need a combination of things—the se- set on this legislation. Let me say a and they are being exploited and paid curity at the border. You have a guest second time to those with whom I dis- low wages has what kind of impact in worker program which is part of the agree, I respect their views. I disagree terms of American workers? It de- combination. Is that it? No, no, it is strongly with them. I mean no dis- presses their wages. That should not be not it. You have to be able to show respect on the floor of the Senate too hard to grasp. Those are the facts. your employer that you have the bio- about the views they hold. They per- Now what do we try to do with this metric card to show that you are le- haps hold them as strongly as I hold legislation? We are trying to say: gally in the United States. Therefore, my views. I believe in my heart, when Look, the time of the undocumented is you have rights. If that employer hires you look at people who got up this over. You are safe. You will not be de- other people who do not have that morning and got dressed and went to ported. Therefore, you have labor pro- card, they are subject to severe pen- work, many of whom packed a lunch tections. If the employer doesn’t do alties. That doesn’t exist today.

VerDate Aug 31 2005 00:11 May 25, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.055 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6591 So when we hear all these voices find there is a need for high skill, but raises the part of the GDP that goes to about what is happening about the ex- 8 out of the 10 critical occupations are the current residents in our country. ploitation of workers, that happens to also low skill. We have tried, during We heard testimony from Professor be true today. But those of us who have this process, to see if we couldn’t find Henry Holzer of Georgetown University been working on this are avoiding that equal incentives for both. to the effect that immigration is a with the proposal we have on this par- It is a fair enough criticism to say good thing for the overall economy. ‘‘It ticular issue. this merit system is more skewed to- does lower costs. It lowers prices. It en- Included in this proposal—the Sen- ward the high skilled than it is toward ables us to produce more goods and ator makes a very good point, although the low skilled, but there are still very services and to produce them more effi- I never thought we sunsetted the Bank- important provisions and protections ciently.’’ ruptcy Act. I wish we had. In this legis- in there for low skilled, and there are The executive director of the Stan- lation, we have the provisions which additional points added in case of fam- ford Law School program on law, eco- set up and establish a commission. The ily associations or if you are a member nomics, and business, Dan Siciliano, commission in the legislation does of an American family. testified that there is a ‘‘mismatch be- this: In section 412 we say: Standing I really do not see the need. We tween our U.S.-born workers’ age, commission on immigration and labor moved from 400,000 down to 200,000. skills, and willingness to work, and the markets. The purpose of the commis- This is a modest program at best. We jobs that are being created in the econ- sion is what? To study the non- have in the legislation the report that omy, in part as a function of our own immigrant programs and the numerical will be made available to the Congress demographics, whether they be elder limits imposed by law on admission of on a variety of areas. We have been care, retail, daycare, or other types of nonimmigrants; to study numerical very careful to make sure that every- jobs.’’ limits imposed by law on immigrant one who is going to participate in this There is no doubt that there is a tre- visas, to study the limitations program, who is going to come in le- mendous need for a guest worker pro- throughout the merit-based system, gally, is going to have the protections gram in our restaurants, hotels, on our and to make recommendations to the for working families today. That farms, in landscaping, wherever one President and the Congress with re- doesn’t exist today. This legislation turns. spect to these programs. does protects them. The amendment of The Assistant Secretary of Policy at So we have included in this legisla- the Senator from North Dakota would the U.S. Department of Labor testified tion a very important provision to re- cut out those provisions with regard to earlier this month before the House view the program we have. That panel the temporary worker program. Immigration Subcommittee that there is made up of representatives of the The fact is, we need some workers in are three fundamental reasons the worker community, as well as the busi- this country. All of us will battle and United States needs immigrants to fuel ness community to make these annual take great pride in being the champion our economy. That is the testimony of reports to Congress about how this pro- of the increase in the minimum wage, Assistant Secretary Leon Sequeira. gram is working so that we will then and I commend my friend from North The reasons he gives are that we have be able to take action: Not later than Dakota for his support over the years an aging workforce; we do not have 18 months after date of enactment and in increasing the minimum wage. We enough people of working age to sup- every year thereafter, submit a report are very hopeful that we are going to port the economy and support the so- to the President and the Congress that finally get that increase in the next cial welfare programs, such as Social contains the findings, the analysis con- couple of days as part of this other leg- Security for the aging population; and ducted under paragraph 1; make rec- islation, the supplemental. We will be immigrants contribute to innovation ommendations regarding adjustments out here trying to get further increases and entrepreneurship. of the program so as to meet the labor in protections for American workers. The chart which had been posted market needs of the United States. This is a modest program. It has the shows that the guest worker program What we have built into this is a pro- self-corrective aspect to it. It is a pro- is being treated fairly. Senator KEN- posal to constantly review this pro- gram that ought to be tried, and it NEDY has outlined in some detail the gram and report back to the Congress, ought to be implemented. review and analysis of the program, so so if we want to make the judgment to Mr. President, I yield the floor. the Congress is in a position to make change the numbers, the conditions, The PRESIDING OFFICER. The sen- modifications, if necessary. the various incentives, we have the op- ior Senator from Pennsylvania is rec- After the laborious efforts in pro- portunity to do so. We believe—and I ognized. ducing this bill, it would be my hope think the Senator makes a valid Mr. SPECTER. Mr. President, recog- that we would not have to revisit it on point—that it is useful to have self-cor- nizing the good-faith interest of the an automatic basis in 5 years. If we rective opportunities. He would do it Senator from North Dakota in pro- find a need to do so, we will be in a po- by ending the program, by finishing it, posing this amendment, I nonetheless sition to undertake that review and to by sunsetting it. We do it by having a believe it should be rejected by the have congressional action if any is war- review by people who can make a judg- Senate. What the Senator from North ranted. But on the basis of the record ment and a decision and give informa- Dakota has here is a fallback position. we have before us, I think this amend- tion to Congress so that we can do it. He offered an amendment yesterday to ment ought to be rejected, and I urge There is one final point I wish to eliminate the guest worker program. my colleagues to do just that. make. We have a system, as the Sen- Having failed there, he has a fallback The PRESIDING OFFICER. The Sen- ator from North Dakota pointed out, position of trying to have it sunsetted. ator from Arizona is recognized. where people will work here, go back to There is no doubt about the need for Mr. KYL. Mr. President, unless the their country of origin for a period of guest workers in our economy. Last Senator from North Dakota wishes to time, come back to work, go back to year in the Judiciary Committee, we briefly respond to Senator SPECTER, let their country, and come back to work. held extensive hearings on this matter. me speak for 3 or 4 minutes. Under our proposal, they get a certain We did not hold hearings this year, and I join Senator SPECTER in urging our number of points under the merit sys- we did not process this legislation colleagues to defeat this amendment. tem which help move them on a path- through the Judiciary Committee, This is simply a light version of the way toward a green card and toward which in retrospect may have been a amendment we defeated a couple days citizenship. mistake, but here we are. But we have ago that would have eliminated the I wish that merit system could be an ample record from last year. temporary worker program. changed in a way that favored workers We had the testimony of Professor The problem here is twofold. First, more extensively and provided a great- Richard Freeman from Harvard out- there has been a basic agreement that er balance between low skill and high lining the basic fact that immigration even though Republicans generally did skill because the labor market de- raises not only the GDP of the United not want to allow illegal immigrants mands both. If you read the reports of States because we have more people to remain in the United States and, in the Council of Economic Advisers, you now to do useful activities, but it also some situations, be permitted to stay

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Everybody knows ing the right to object, Senator DURBIN well as immigrants whose applications that if this program goes away, it un- will ask to speak for 10 minutes, and are pending, many of whom have no dercuts the entire program we tried to we will do that in addition to the 10 reasonable expectation of being able to craft in a bipartisan way. We have to minutes I will want to speak before my naturalize, to actually be able to come relieve the magnet of illegal employ- vote, if that is acceptable. here and get green cards and natu- ment in this country. That magnet is The PRESIDING OFFICER. Without ralize, perhaps some 4 million people. jobs that Americans won’t do. As long objection, the amended unanimous If we have a temporary worker pro- as there is an excess of labor demand consent request is agreed to. gram, which is part of what Senators over supply, that magnet for illegal Mr. KENNEDY. Mr. President, as I such as myself were proposing to re- immigration is going to continue to understand the request, the time the lieve our labor shortages, if that pro- pull people across our borders. That Senator is getting is prior to his vote gram is only in existence temporarily magnet is demagnetized when we have at 2:15. but these other benefits are conferred a temporary worker program that says Mr. DORGAN. Prior to my vote. permanently, you can see that you we now have a legal way for you to Mr. KENNEDY. And there will be have a significant imbalance in the leg- meet your labor needs. It can be done time prior to that available as well for islation. within the rule of law. It is based on the Senator from Illinois. Somebody said: What is mine is temporary workers. We need to keep Mr. SPECTER. Mr. President, fol- mine, and what is yours is up for grabs. that in this bill. It cannot be subject to lowing the entry of that unanimous In other words, one side pockets the some kind of a sunset so that it dis- consent request, I would ask the Sen- ability of all the illegal immigrants to appears 5 years from now and we have ator from Massachusetts if we could stay here, to get citizenship rights if no idea at that point how to meet our call up the McCain amendment with they go through all of the process that labor needs. the modification change which is at enables them to do that, but the tem- I urge my colleagues, as we did 2 days the desk and ask that it be adopted. porary worker program, which is de- ago, to reject the Dorgan amendment. The PRESIDING OFFICER. Without sired by many in the business commu- The PRESIDING OFFICER. The Sen- objection, the pending amendment is nity and many foreign nationals who ator from North Dakota is recognized. set aside and the Kennedy unanimous want the opportunity to come here and Mr. SPECTER. Will the Senator yield consent request, as amended by Sen- work, is only going to be temporary, to me for a very brief unanimous con- ator DORGAN and Senator SPECTER, is and that might go away. That is not a sent request? agreed to. fair way to proceed to the legislation, Mr. DORGAN. Mr. President, of AMENDMENT NO. 1190, AS MODIFIED to have what you like is permanent, course I will yield. Mr. SPECTER. Mr. President, I urge what I like is only temporary. The PRESIDING OFFICER. The sen- adoption of the McCain amendment But there is a deeper problem. The ior Senator is recognized. with the modifications which are at whole point of having a temporary AMENDMENT NO. 1168, AS MODIFIED the desk. worker program is to ensure we are Mr. SPECTER. Mr. President, I ask The PRESIDING OFFICER. The going to meet our labor needs in the fu- unanimous consent that the previously clerk will report the amendment, as ture. We don’t know exactly what agreed to Hutchison amendment No. modified. those labor needs are, but they are 1168 be modified to read ‘‘on page 7, The legislative clerk read as follows: going to be substantial. If you cannot line 2.’’ The Senator from Pennsylvania [Mr. SPEC- plan with certainty that you know you The PRESIDING OFFICER. Without TER], for Mr. MCCAIN, for himself, Mr. can expand your business, you can objection, it is so ordered. The amend- GRAHAM, and Mr. BURR, proposes an amend- make the capital investment in what- ment is so modified. ment numbered 1190, as modified, to amend- ever the business is—let’s say a Mr. KENNEDY. Will the Senator ment No. 1150. meatpacking plant—that you are going yield for a request? The amendment, as modified, is as to need some foreign nationals to come The PRESIDING OFFICER. The Sen- follows: here on a temporary basis with a tem- ator from Massachusetts is recognized. On page 293 redesignate paragraphs (3) as porary visa to meet the employment Mr. KENNEDY. Mr. President, I ask (4) and (4) as (5). needs because you found in the past unanimous consent that at 12:15 p.m., On page 293, between lines 33 and 34, insert that there are not sufficient Americans the Senate proceed to a vote in rela- the following: who have applied for that kind of work tion to the Akaka amendment No. 1186, ‘‘(3) PAYMENT OF INCOME TAXES.— in the past, so you know you are going to be followed by a vote in relation to ‘‘(A) IN GENERAL.—Not later than the date on which status is adjusted under this sec- to need the temporary worker pro- the Coleman amendment No. 1158; that tion, the alien establishes the payment of gram, but you don’t know whether that no amendments be in order to either any applicable Federal tax liability by estab- program is going to be in existence in amendment prior to the vote; that lishing that— 5 years, are you going to make the cap- there be 2 minutes of debate equally di- ‘‘(i) no such tax liability exists; ital investment necessary? Are you vided and controlled in the usual form ‘‘(ii) all outstanding liabilities have been going to be able to provide more tax prior to each vote and that the second paid; or base, more employment opportunities vote in the sequence be 10 minutes in ‘‘(iii) the alien has entered into an agree- ment for payment of all outstanding liabil- for Americans, as well as others, pro- length; further, that at 2:15 p.m., the ities with the Internal Revenue Service. vide for more consumer choice in the Senate proceed to vote in relation to ‘‘(B) APPLICABLE FEDERAL TAX LIABILITY.— country if you don’t know you are the Dorgan amendment No. 1181, with 5 For purposes of clause (i), the term ‘applica- going to have the labor force necessary minutes of debate equally divided and ble Federal tax liability’ means liability for to meet your needs? controlled in the usual form prior to Federal taxes, including penalties and inter- Having a temporary worker program the vote, with no amendment in order est, owed for any year during the period of is not going to meet our long-term to the Dorgan amendment prior to the employment required by subparagraph (D)(i) needs. As a result, I suggest that for vote, all without further intervening for which the statutory period for assess- planning purposes, for being able to ment of any deficiency for such taxes has not action or debate. expired. know that labor pool is going to be The PRESIDING OFFICER. Is there ‘‘(C) IRS COOPERATION.—The Secretary of available if we need it, we are going to objection? the Treasury shall establish rules and proce- have to have this temporary worker Mr. SPECTER. Reserving the right dures under which the Commissioner of In- program. Therefore, there is not very to object, Mr. President, I ask only ternal Revenue shall provide documentation

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We have worker protections. minutes for Senator DURBIN prior to met; or If an employer abuses them in New the vote on my amendment; is that ‘‘(iii) the alien has entered into an agree- Bedford, MA, or New Orleans, LA, that correct? ment for payment of all outstanding liabil- employer is responsible. Law enforce- ities with the Internal Revenue Service and The PRESIDING OFFICER. Is there with the department of revenue of each ment is responsible to investigate and objection? State to which taxes are owed. prosecute. Mr. KENNEDY. Mr. President, I am That is not what this bill is about. Mr. MENENDEZ. Mr. President, re- not going to object to the time. The My colleague says, well, the way to re- serving the right to object, would Senator ought to have wrap-up on this. solve the situation in New Bedford, somebody tell the body what the But if we can have the 5 minutes prior MA, is to make the illegal immigrants McCain amendment is? to the Senator’s last 5 minutes, I would Mr. SPECTER. Yes. As I had ex- working there legal. Just describe be agreeable. plained earlier this morning, the them as legal. Would that be the way Mr. DORGAN. One of the things I am McCain amendment has a provision for you would handle it in New Orleans, good at is wrapping up. So let me wrap the payment or a requirement of the LA, to say, well, the people who came up in 2 minutes by going through this payment of back Federal taxes. in to take Sam’s job should be deemed grid so that we would then recognize Mr. MENENDEZ. The payment of legal? I don’t think so. Why not punish Senator COLEMAN for the time he has back Federal taxes? the employer for abusing the rights of been given. Mr. SPECTER. Mr. President, it calls these immigrant workers and why not The PRESIDING OFFICER. Is there for payment of back Federal taxes. restore those jobs to those who were objection? Mr. MENENDEZ. Mr. President, I the victims of the hurricane in the first Mr. COLEMAN. Mr. President, re- have not had an opportunity to see the place? Is the principle here that we de- serving the right to object, there is a amendment, so I would object at this scribe the problem as mistreatment of unanimous consent agreement that time. I may not ultimately object, but workers who are illegal immigrants, says the vote starts at 12:15. I want to I would object at this time. and therefore what we will do is deem make sure everything is pushed back The PRESIDING OFFICER. The ob- them legal to hold those jobs and accordingly, if there is an extra 2 min- jection of the Senator from New Jersey therefore expect some other kind of be- utes here. is acknowledged. havior by the employer? I don’t think The PRESIDING OFFICER. Without The Senator from North Dakota is so. So that is a specious argument, objection, it is so ordered. recognized. frankly. We have worker protection Mr. DORGAN. Mr. President, I will AMENDMENT NO. 1181 laws. They ought to be enforced. If yield the floor to the Senator from Mr. DORGAN. Mr. President, my col- they are not enforced, there is some- Minnesota. I will have time to wrap up. league from Arizona used the dreaded thing wrong with the system. If we are in a time requirement, I will words ‘‘killer amendment.’’ It is like Now, one of my colleagues says there yield the floor and find time elsewhere. killer bees and killer whales. On the is no doubt that we need additional The PRESIDING OFFICER. The Sen- Senate floor, it is ‘‘killer amendment.’’ workers. Oh yes, there is doubt—prob- ator from Minnesota is recognized for 5 Pass this amendment, and we will kill ably not in the U.S. Chamber of Com- minutes. merce. There is no doubt they want ad- the bill, we are told. AMENDMENT NO. 1190 ditional cheap labor. But there is plen- I said yesterday that it is like the Mr. COLEMAN. Mr. President, I first ty of doubt. loose thread on a cheap sweater: You ask unanimous consent that the pull the thread, and the arm falls off My colleague says there is an econo- mist from Harvard who says this raises McCain amendment, No. 1190, which or, God forbid, the whole thing comes was called up as modified, with the apart. It is not just this bill. This hap- the GDP, this bringing in of immigrant labor, presumably illegal labor, deter- changes at the desk, be adopted. pens every single time a group of peo- The PRESIDING OFFICER. Is there ple bring a bill to the floor of the Sen- mining that they are then legal once they have come across illegally. It objection? ate. If you amend it, if you change our Mr. MENENDEZ. Reserving the right work, then somehow you kill what we raises the GDP. Well, you can get a Harvard economist to say anything to object, is this the same amendment have done. Of course, that is not the you want. We all know that. that was just offered a few minutes case at all. Let me describe my Harvard econo- ago? Let me talk about a couple of the mist—my Harvard economist, Pro- Mr. COLEMAN. Yes. items that have been raised. Worker fessor George Borjas. Here is what he Mr. MENENDEZ. I have no objection. protection. The workers in New Bed- says. The impact of immigration be- The PRESIDING OFFICER. Is there ford, MA. Let me describe to you a tween 1980 and 2000 on U.S. wages is further debate on the amendment? worker in the Gulf of Mexico just after lower wages in this country, and he de- If not, the question is on agreeing to Hurricane Katrina hit. His name is scribes which ethnic group is hurt the the amendment. Sam Smith. Sam Smith was an elec- worst. Hispanics are hurt the worst and The amendment (No. 1190), as modi- trician. Just after Katrina hit, he knew Blacks next. fied, was agreed to. there was going to be a lot of recon- My colleague says that his Harvard Mr. MCCAIN. I thank the bill man- struction work. Sam Smith was a economist states that one of the bene- agers for agreeing to accept this skilled craftsman, an electrician. He fits of bringing in this additional labor amendment, which I am pleased to be was told by an employer that he could from outside of our country is lower joined in sponsoring with Senator come back and take a $22 an hour job— costs. Well, in my hometown, I under- GRAHAM. $22 an hour—for work as an electrician. stand what lower costs means. It As my colleagues will hear through- The job would last 1 year. It only means they are going to pay less to the out this debate, the bipartisan group of lasted a couple weeks. I don’t have the people making it. That is called lower Members who developed this legisla- picture to show you, but I have had it wages. And that is exactly what my tion, along with representatives of the here on the floor before to show what Harvard professor says is the case. administration, worked to develop this Sam Smith faced, and it was a picture The PRESIDING OFFICER. The Sen- comprehensive reform measure with very similar to New Bedford, MA. ator will suspend. the foremost goal of developing a pro- Those who came into this country, pre- Under the previous order, the Sen- posal that can be enacted this year. It sumably illegally, living in squalid ator from Minnesota is recognized for 5 is not a bill on which we are just conditions, being given very low wages minutes. ‘‘going through the motions.’’ Like any to take the work Sam Smith was prom- Mr. DORGAN. Mr. President, I pro- legislation on an expansive issue like ised. foundly misunderstood the unanimous immigration reform, this is a complex

VerDate Aug 31 2005 00:52 May 25, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.002 S24MYPT1 bajohnson on PRODPC74 with SENATE S6594 CONGRESSIONAL RECORD — SENATE May 24, 2007 compromise agreement, and that become American citizens have high So if we pass the underlying bill, folks means that while perhaps no one is en- hurdles to overcome—and that is the can come out of the shadows. And for tirely happy with every single provi- way it should be. Those who want to those who want to stay in the shadows, sion in the bill, we believe it provides a become a part of our great country they should not get sanctuary by a city solid foundation for this floor debate. must come out of the shadows, tell us policy that is in contravention to ex- It is a serious proposal to address a who they are, pay heavy fines, return isting Federal law. I believe those poli- very serious problem. to their country, learn English, con- cies violate existing Federal law and in When Senator KENNEDY and I first sistently hold a job, follow the law, and doing so protect criminals. proposed legislation in May 2005, it in- they should also have to pay their tax Let’s uphold the rule of law. Let’s do cluded, among other things, a series of obligations. There is no doubt that what is the right thing and the fair strict requirements that the undocu- these requirements will be difficult to thing, and let’s support this amend- mented population would have to ful- achieve for those seeking adjusted sta- ment, which, again, very simply—very fill before being allowed to get in the tus—both practically and financially. simply—requires cities and commu- back of the line and apply for adjust- However, this additional requirement nities to comply with what has been ment of legal status. One of those pro- is absolutely necessary. Payment of Federal law since 1996. Let’s tell the visions failed to be part of the con- back taxes for unauthorized work is public that this bill is about respecting sensus before us today due to concerns not only financially critical, it is mor- the law at every phase. raised with respect to practicality. ally right. I hope my colleagues will support my That provision required the undocu- The PRESIDING OFFICER. The Sen- amendment to get rid of this concept of mented to pay any back-taxes owed as ator from Minnesota is recognized for 5 sanctuary cities. a result of their time living and work- minutes. Mr. KENNEDY. Mr. President, I won- der if the Senator will yield the last ing in our country illegally. AMENDMENT NO. 1158 I strongly believe everyone living and Mr. COLEMAN. Mr. President, I just minute and a half to the Senator from working in our country has an obliga- want to, in perhaps less than 5 min- Colorado. Would he be willing to do tion to meet all tax obligations, re- utes, address the amendment we are that? gardless of convenience or practicality. Mr. COLEMAN. I yield the remainder going to vote on in a little bit, at 12:35. Yes, requiring any undocumented im- of my time. It is a simple amendment. The PRESIDING OFFICER. The Sen- migrant to prove he or she has met There is existing Federal law which their tax obligations will take man- ator from Colorado is recognized. says that municipalities may not re- Mr. SALAZAR. Mr. President, I power. After all, we are talking about strict in any way—the language is very as many as 12 million people. Undocu- thank my friend from Minnesota for clear—in any way prohibit or restrict yielding me a minute and a half of mented immigrants will most likely any governmental entity from sharing have to find and submit plenty of pa- time. I come to the floor to speak information with Federal authorities perwork to prove they have met their against his amendment, No. 1158. At about immigration status. It is the obligations. But that is what citizens the end of the day, what his amend- law. The law says you can’t restrict here do. We pay our taxes. We may ment would do—it appears to be innoc- from sending, maintaining, or exchang- complain, but we pay our taxes. And uous on its face—it would essentially ing. What has happened is that some while I don’t doubt that it may be a make cops out of emergency room cities—referred to as so-called sanc- difficult undertaking to require as a workers, out of school teachers, and tuary cities—have adopted policies to condition of receiving permanent sta- out of local and State cops. circumvent what has been Federal law tus in the United States the payment The reality is that we have a respon- since 1996. I want my colleagues to un- of back-taxes, that isn’t a good reason sibility at the Federal Government to to toss the requirement aside. If an un- derstand that this is an amendment to make sure we are enforcing our immi- documented immigrant is willing to a bill that, if passed, will end the need gration laws as a national government. meet the many stringent requirements for sanctuary cities. If passed, this bill We ought not to put emergency room we are calling for under this bill, and I will allow folks to come out of the workers, we ought not to put school think they will be willing, including shadows and into the light. The only teachers in a position where they have learning English and civics, paying folks who won’t come into the light to be the cops of our immigration laws hefty fines, and clearing background will be those folks who have criminal in our country. New York City Mayor checks, that person should also have to problems. In other words, if this bill is Bloomberg, in his own statement in op- prove their tax obligations have been passed with this amendment, it will position to this amendment, said: fulfilled prior to adjusting their status. allow folks to come out of the shadows, New York City cooperates fully with the Again, I thank the bill managers and a concept that I support, and I want to Federal Government when an illegal immi- urge the adoption of this amendment. make sure we do the right thing. grant commits a criminal act. But our city’s Mr. BURR. Mr. President, I support In the existing bill, we are telling social services, health and education policies the amendment offered by Senator employers they cannot create a sanc- are not designed to facilitate the deportation of otherwise law-abiding citizens. MCCAIN that requires the collection of tuary, they cannot create a haven for back taxes from those who have illegal aliens. We are saying to them Do we want somebody by the name of worked in our country illegally and that if they do, they will be penalized. Martinez simply to go into an emer- seek future adjusted status. If we do that, we should also then go to gency room and to have that emer- As one of the Founders of our Nation, those cities or communities which are gency room responder be in a position Benjamin Franklin, wisely acknowl- creating these sanctuaries and say to where he has to act as a cop because he edged long ago, ‘‘In this world, nothing them that everyone is going to follow suspects somebody named Martinez is certain but death and taxes.’’ All in- the rule of law, everyone is going to. might be illegal? dividuals enjoying the American life- I think one of the challenges we face This is a bad amendment. It will cre- style have to pay taxes. As burden- in getting the public to accept what we ate problems. I urge my colleagues to some, painful, and onerous as the proc- are trying to do is that there is a sense oppose it. ess may be, anyone who lives and that somehow we are not following the AMENDMENT NO. 1186 works in the United States has the re- rule of law. So this is very simple. If we The PRESIDING OFFICER. Under sponsibility to pay Uncle Sam. The are telling employers that they cannot the previous order, there will now be 2 people whose legal status is affected by provide a sanctuary, that they cannot minutes of debate, equally divided, on this bill should be no different. If they shield individuals, then we have to tell amendment No. 1186, offered by the have worked in our country illegally, the same thing to cities and to commu- Senator from Hawaii, Mr. AKAKA. Who they should not get a free-ride when it nities. yields time? comes to paying the tax obligations Lastly, there are those who say: Mr. KENNEDY. Mr. President, I see they have avoided for the time that Well, this is going to impact crime vic- the Senator from Hawaii. Could we they have been here. tims. The reality is that these sanc- delay the 1 minute? I ask unanimous Undocumented aliens who seek to as- tuary cities protect criminals. They consent we delay the 1 minute for 30 similate into our society and want to are not limited. It protects criminals. seconds.

VerDate Aug 31 2005 03:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.001 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6595 Mr. President, I yield myself 1 Mr. DURBIN. I announce that the The Senator from Minnesota is rec- minute. Senator from South Dakota (Mr. JOHN- ognized. I thank the Senator from Hawaii, SON) is necessarily absent. Mr. COLEMAN. Mr. President, I want Senator AKAKA. He has brought to the Mr. LOTT. The following Senators my colleagues to listen. I want my col- Senate the fact that there are about are necessarily absent: the Senator leagues to understand there is nothing 20,000 immediate relatives of coura- from Kansas (Mr. BROWNBACK), the in this amendment that requires teach- geous Filipino families who served Senator from North Carolina (Mr. ers, hospital workers, anyone, to do with American forces in World War II. BURR), and the Senator from Wyoming anything. What it simply does is it lifts They would be entitled under the other (Mr. THOMAS). a gag order. It lifts a policy and a prac- provisions of the bill to come here to The PRESIDING OFFICER. Are there tice in some cities that gags police offi- the United States. This particular pro- any other Senators in the Chamber de- cers from doing their duty, from com- posal moves this in a more expeditious siring to vote? plying with what has been Federal law way. These are older men and women The result was announced—yeas 87, since 1996. who have been members of families nays 9, as follows: [Rollcall Vote No. 176 Leg.] There is no requirement that any- who served with American fighting body do anything. It lifts the gag YEAS—87 forces in World War II. He offered this order. There was testimony by Houston before. It was accepted unanimously. I Akaka Domenici McConnell police officer John Nichols before the hope the Senate will accept a very Alexander Dorgan Menendez Allard Durbin Mikulski House Judiciary subcommittee. He said wise, humane, and decent amendment Baucus Ensign Murkowski this: When we shackle law enforcement by the Senator from Hawaii. Bayh Feingold Murray officers in such a manner, instead of Bennett Feinstein Nelson (FL) The PRESIDING OFFICER. The Sen- protecting U.S. citizens and people ator from Hawaii is recognized for 1 Biden Graham Nelson (NE) Bingaman Grassley Obama here legally, the danger to society minute. Bond Hagel Pryor greatly increases by allowing poten- Mr. AKAKA. Mr. President, I thank Boxer Harkin Reed tially violent criminals to freely roam the chairman for bringing this forward. Brown Hatch Reid our streets. My amendment seeks to address and Byrd Hutchison Roberts Cantwell Inouye Rockefeller If the underlying bill is passed, there resolve an immigration issue that, Cardin Kennedy Salazar while rooted in a set of historical cir- Carper Kerry Sanders should be no need for sanctuary cities. cumstances that occurred more than Casey Klobuchar Schumer The only folks who will want to remain Clinton Kohl Shelby in the shadows will be those who do not seven decades ago, still, and sadly, re- Coburn Kyl Smith mains unresolved today. It is an issue Cochran Landrieu Snowe want anyone to know they are in the of great concern to all Americans who Coleman Lautenberg Specter shadows. These present sanctuary cit- care about justice and fairness. It goes Collins Leahy Stabenow ies, if the law passes, will protect Conrad Levin Stevens criminals, and we should again get rid back to 1941, when President Roosevelt Corker Lieberman Tester issued an Executive order, drafting Cornyn Lincoln Thune of the gag order. That is all this more than 200,000 Filipino citizens into Craig Lott Voinovich amendment does. Crapo Lugar Warner The PRESIDING OFFICER. The Sen- the United States military. During the DeMint Martinez Webb course of the war, it was understood Dodd McCain Whitehouse ator from New Jersey is recognized for that the Filipino soldiers would be Dole McCaskill Wyden 1 minute. treated like their American comrades NAYS—9 Mr. MENENDEZ. Mr. President, this in arms and be eligible for the same Bunning Gregg Sessions amendment undoes what State and benefits. But this has never occurred. Chambliss Inhofe Sununu local police have long sought to do, In 1990, the World War II service of Enzi Isakson Vitter separate their activities from those of Filipino veterans was finally recog- NOT VOTING—4 Federal immigration orders, because nized by the U.S. Government and they Brownback Johnson they understand some of the toughest were offered an opportunity to obtain Burr Thomas law enforcement people in this country U.S. citizenship. Today we have 7,000 The amendment (No. 1186) was agreed want the freedom to be able to commu- Filipino World War II veterans in the to. nicate with immigrant communities so United States. The opportunity to ob- Mr. KENNEDY. Mr. President, I they come forth and talk about crimes. tain U.S. citizenship was not extended move to reconsider the vote. The standard the Senator offers here is to the veterans’ sons and daughters, Mr. CRAIG. I move to lay that mo- probable cause. Probable cause what? about 20,000 of whom have been waiting tion on the table. Based on what? My surname, Menen- for their visas for years. The motion to lay on the table was dez? Salazar? Martinez? Probable cause While the Border Security and Immi- agreed to. how? The way I look? Probable cause, gration Reform Act of 2007 raises the CHANGE OF VOTE the accent I have? Is that the probable worldwide ceiling for family-based Mr. HAGEL. Mr. President, I ask cause that leads an ambulance worker visas, the fact remains that many of unanimous consent that I be registered or a municipal hospital worker to ask the naturalized Filipino World War II in favor of vote No. 176, the Akaka when somebody is being rolled in? This veterans residing in the United States amendment. My change will not affect leads to the opportunity for racial are in their eighties and nineties, and the outcome. I ask unanimous consent profiling. This leads to the opportunity their children should be able to come that my vote be changed from ‘‘nay’’ to when we have disease spreading, such to America to take care of their par- ‘‘yea.’’ as tuberculosis, for people, not coming ents. My amendment makes this pos- The PRESIDING OFFICER. Without forth to report themselves, this leads sible. I urge my colleagues to support objection, it is so ordered. to a woman who has been the subject of my amendment and to make this come (The foregoing tally has been domestic violence not reporting her- through for our Filipino veterans and changed to reflect the above order.) self. This is clearly not in the interest their families. The PRESIDING OFFICER. The Sen- of our country. I believe it is discrimi- The PRESIDING OFFICER. The time ator from Massachusetts. natory. It leads to racial profiling. It is of the Senator has expired. The ques- AMENDMENT NO. 1158 not necessary for the pursuit of law en- tion is on agreeing to amendment No. Mr. KENNEDY. Mr. President, I un- forcement. 1186, offered by Senator AKAKA. derstand there is 2 minutes evenly di- I urge my colleagues to vote no. Mr. KENNEDY. Mr. President, I ask vided. I yield our minute to the Sen- The PRESIDING OFFICER (Mr. for the yeas and nays. ator from New Jersey. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Under TESTER). All time has expired. sufficient second? the previous order there will be 2 min- The question is on agreeing to There is a sufficient second. utes equally divided on amendment amendment No. 1158. The clerk will call the roll. 1158, offered by the Senator from Min- Mr. KENNEDY. I ask for the yeas and The legislative clerk called the roll. nesota. nays.

VerDate Aug 31 2005 03:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.031 S24MYPT1 bajohnson on PRODPC74 with SENATE S6596 CONGRESSIONAL RECORD — SENATE May 24, 2007 The PRESIDING OFFICER. Is there a deals with family reunification. We Madam President, I rise to offer an sufficient second? have several other amendments—Sen- amendment to the immigration bill There is a sufficient second. ator MENENDEZ and Senator CLINTON with my good friend from New Jersey, The clerk will call the roll. have other amendments—dealing with Senator MENENDEZ, that relates to the The assistant legislative clerk called family and family reunification. This parents of U.S. citizens. My amend- the roll. is going to be a very important aspect ment is simple in what it proposes but Mr. DURBIN. I announce that the in terms of our debate and the comple- enormously important in what it seeks Senator from South Dakota (Mr. JOHN- tion of this legislation. to accomplish. SON) is necessarily absent. It is our intention to try to consider It prevents this bill from dividing Mr. LOTT. The following Senators these amendments in relationship with millions of American families by mak- are necessarily absent: the Senator each other at the appropriate time. We ing it easier for U.S. citizens and their from Kansas (Mr. BROWNBACK) and the will work with the proponents of each parents to unite. As currently written, Senator from Wyoming (Mr. THOMAS). of these amendments. So I will not ob- this bill weakens the principle of fam- The PRESIDING OFFICER (Mrs. ject, but I would also put in the queue, ily reunification in a way that is harm- MCCASKILL). Are there any other Sen- so to speak, the other—I see Senator ful to our nation and unfair to our fel- ators in the Chamber desiring to vote? MENENDEZ on the Senate floor. He will low citizens. The result was announced—yeas 48, probably put his in. And we would then Under current law, parents are de- nays 49, as follows: put in, I guess, Senator CLINTON’s fined as immediate relatives and ex- [Rollcall Vote No. 177 Leg.] amendment as well. empt from green card caps. Yet this YEAS—48 That is for the general information bill drastically and irresponsibly ex- Alexander Craig McCain about how we are going to proceed. But cludes parents from the nuclear family Allard Crapo McCaskill I have no objection. and subjects them to excessively low Baucus DeMint McConnell The PRESIDING OFFICER. Is there green card caps and an overly restric- Bayh Dole Murkowski Bennett Dorgan Nelson (NE) objection? tive visa program. Bond Ensign Pryor The Senator from New Jersey. This amendment rights this wrong by Bunning Enzi Roberts Mr. MENENDEZ. Madam President, increasing the new annual cap on green Burr Grassley Sessions reserving the right to object—and I Byrd Gregg Shelby cards for parents of U.S. citizens; ex- Chambliss Hatch Smith will not object—if the Senator from tending the duration of the parent vis- Coburn Hutchison Stevens Massachusetts would yield for a mo- itor visa; and ensuring that penalties Cochran Inhofe Sununu ment for a question. imposed on overstays are not borne Coleman Isakson Tester Mr. KENNEDY. Yes. collectively. Collins Kyl Thune Mr. MENENDEZ. Madam President, I Corker Landrieu Vitter The debate on this provision goes to Cornyn Lott Warner have been waiting on the floor of the the heart of how a family is defined in Senate most of the day to offer an NAYS—49 America. For millions of American amendment related to families. I will Akaka Hagel Nelson (FL) citizens, parents are not distant rel- not be objecting to Senator DODD’s, Biden Harkin Obama atives but absolutely vital members of Bingaman Inouye Reed which I am a cosponsor of as well. The the nuclear family who play a critical Boxer Kennedy Reid question is, I assume the Senator may role, be it as grandparents providing Brown Kerry Rockefeller be going to an amendment, after Sen- Cantwell Klobuchar care for their grandchildren while their Salazar ator DODD’s, on the other side of the Cardin Kohl Sanders parents are at work or as sources of Carper Lautenberg Schumer aisle, and then I would hope we could strength and support for their bereaved Casey Leahy Snowe come back and that my amendment Clinton Levin or single children. Specter Conrad Lieberman would be next in order—after the next Ensuring that parents have every op- Stabenow Dodd Lincoln Republican amendment. Voinovich portunity to unite with their children Domenici Lugar Mr. KENNEDY. Madam President, we or live with them for extended periods Durbin Martinez Webb thought we would try to take Senator Feingold Menendez Whitehouse is important not only because of their Feinstein Mikulski Wyden DODD’s and yours, and then take two contribution to the nuclear family but Graham Murray Republican amendments. also so that their children can support Mr. MENENDEZ. That would be fine NOT VOTING—3 and care for them in sickness and in with me. Thank you. health. Brownback Johnson Thomas I withdraw my objection. We all know that sense of duty from The amendment (No. 1158) was re- The PRESIDING OFFICER. Is there our own lives. And for those of us who jected. objection to setting aside the pending have lost our parents, we wish we had Mr. DURBIN. I move to reconsider amendment? the vote. Without objection, it is so ordered. the opportunity to do so. Mr. KENNEDY. I move to lay that The amendment will be set aside. That is exactly why it has been our motion on the table. The clerk will report. policy to date to allow U.S. citizens to The motion to lay on the table was The legislative clerk read as follows: sponsor their parents to come to this agreed to. The Senator from Connecticut [Mr. DODD], country without caps. Yet now we are The PRESIDING OFFICER. The Sen- for himself, and Mr. MENENDEZ, proposes an told that parents are no longer imme- ator from Connecticut. amendment numbered 1199 to amendment diate relatives and subject to caps. No. 1150. That parents no longer fit in the same AMENDMENT NO. 1199 TO AMENDMENT NO. 1150 category of relatives as minor children (Purpose: To increase the number of green Mr. DODD. Madam President, I ask cards for parents of United States citizens, unanimous consent that reading of the and spouses, an idea that millions of to extend the duration of the new parent amendment be dispensed with. Americans would disagree with. visitor visa, and to make penalties imposed The PRESIDING OFFICER. Without We are told that we must weaken on individuals who overstay such visas ap- objection, it is so ordered. that principle, thus disrupting the lives plicable only to such individuals) (The amendment is printed in today’s of countless law-abiding families, in Mr. DODD. Madam President, I ask RECORD under ‘‘Text of Amendments.’’) the name of reducing ‘‘chain migra- unanimous consent that the pending Mr. DODD. Madam President, I have tion.’’ Well, that is a red herring. The amendment be set aside and send an spoken about the amendment already, truth is that once parents of citizens amendment to the desk and ask for its last evening. Again, I have talked to obtain immigrant visas, they usually immediate consideration. Senator GRAHAM of South Carolina and complete the family unit and are un- The PRESIDING OFFICER. The Sen- the Senator from Massachusetts, the likely to sponsor others. ator from Massachusetts. manager of this legislation on the That is why today we must do justice Mr. KENNEDY. Madam President, re- floor. My understanding is, at an ap- to the families of our fellow citizens serving the right to object—and I do propriate time we will have an oppor- who seek nothing more than to keep not intend to object—my friend from tunity to actually vote on these their families intact. This amendment Connecticut has an amendment that amendments. does just that.

VerDate Aug 31 2005 00:52 May 25, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.034 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6597 First, it increases the new green card Under this bill, for example, a spon- There being no objection, the Senate cap from 40,000 to 90,000. Ninety thou- sor could be barred from sponsoring his proceeded to consider the resolution. sand is the average number of green widowed mother because his father at Mr. CARDIN. Madam President, this cards issued each year to parents who some earlier date overstayed his visa. resolution brings to the Senate’s atten- as I mentioned have to date been ex- That is not the type of law we want on tion the ongoing plight of Dr. Haleh empt from caps. Again this is just an our books. That is not what this coun- Esfandiari. Dr. Esfandiari is the direc- average. Last year the number was try is about. Nor is it about stopping tor of the Middle East Program at the 120,000. thousands of parents from entering Woodrow Wilson International Center It is abundantly clear that 40,000 this country because of the misdeeds of for Scholars here in Washington, DC. green cards per year is an unreasonably some. She holds dual citizenship with the low number. One of the goals of this This my amendment will unite and United States and Iran and visits her bill is to clear the backlog on immi- strengthen the families of our fellow ailing 93-year-old mother twice a year grant visa applicants which in some Americans and the fabric of our soci- in Iran. cases extends as far back as 22 years. If ety, while upholding the best tradi- During her return to the United we don’t allot sufficient numbers of tions of this great country. Because as States on her last visit, Dr. green cards for parents in this bill, we we all know, families are the backbone Esfandiari’s vehicle was robbed by risk creating a whole new category of of our country. Their unity promotes three knife-wielding men. She lost her backlog. Ninety thousand would meet our collective stability, health, and luggage and her travel documents. this need. productivity and contributes to the Later, when she requested the replace- To those who still think 90,000 is too economic and social welfare of the ment documents, agents of Iran’s Min- high a number, I would also argue that United States. istry of Intelligence began to question it is simply not the place of the Senate My amendment does not strike at her for hours over the course of several to tell our fellow citizens that they this bill’s core; nor should it be a par- days. The Ministry of Intelligence should wait a year or two to see their tisan issue. It is one of basic humanity asked Dr. Esfandiari questions about parents. I would ideally not want the and fairness for our fellow citizens. her work and her work at the Woodrow parents of any citizen of this country What is at stake here is whether Con- Wilson International Center. The subject to caps but working within the gress should dictate to U.S. citizens if Woodrow Wilson International Center framework of this bill, I believe 90,000 and when they can unite with their supplied exhaustive material about her is entirely fair and reasonable. parents; if and when their parents can education and information about her Second, it extends the parent visitor come and be with their grandchildren; mission. visa to allow for an aggregate stay of if and when U.S. citizens can care for Dr. Esfandiari was essentially kept 180 days per year and makes it valid for their sick parents here on American under house arrest for 10 weeks. On 3 years and renewable. These are al- soil. May 7 she was informed she must re- ready accepted timeframes for the va- It is our duty to remove as many ob- turn to the Intelligence Ministry on lidity of a visa. Madam President, 180 stacles as we can for our fellow citizens May 8. Upon honoring the summons, days is the length of a tourist visa; H– to be with their parents. None of us Dr. Esfandiari was immediately taken 1Bs are valid for 3 years. This would into custody and jailed. She has been allow those parents who do not want to would stand for anyone dictating the denied contact with her family, her at- permanently leave their countries of terms of that union to us. Why should torneys, and the outside world. Earlier residence yet want to stay with their we then apply a double standard for this week, news reports stated that Dr. children in the U.S. for extended peri- other citizens of this country? We must Esfandiari is suspected of espionage ods the ability to do so. craft a law that is tough yet just. The current bill however limits the I urge my colleagues not to think of and supporting the ‘‘soft revolution’’ length of this visa to only 30 days per this amendment in terms of numbers against the regime in Iran. year—30 days. This is far too soon to and caps, but in terms of its all too Dr. Esfandiari is well known and well pry parents away, particularly those real and painful human impact for U.S. respected as a Middle East scholar. She who come to America for health rea- citizens. has dedicated her professional career to sons, or to care for their children dur- I urge them to vote for this amend- bringing people together from the West ing and after childbirth. ment and to take down the legislative to gain greater understanding of the Many parents who live abroad, come barrier that this bill has stood up be- Middle East and to gain common to the United States at great expense. tween our fellow citizens and their par- ground. They often come from thousands of ents. Increasingly, Iran has begun to stifle miles away just to be with their chil- Again, at the appropriate time, I will debate among different people and dren and grandchildren. To limit them ask for a recorded vote on this amend- international exchanges. to a 30-day visit per year is simply un- ment. I thank my colleague from Mas- The Department of State has called acceptable, especially when under a sachusetts for allowing us to get in the upon the Iranians to release Dr. tourist visa, an individual can come to queue here so that when these matters Esfandiari. I am joined in this resolu- this country for 6 months. come up for votes, we will be able to tion by Senators MIKULSKI, BIDEN, To think that a parent can only be consider them. LIEBERMAN, SMITH, CLINTON, and DODD, with his or her child or grandchild for The PRESIDING OFFICER. The Sen- which encourages the State Depart- 1 month out of 12 is simply unaccept- ator from Maryland is recognized. ment to keep up the pressure on the able. Yet under this provision, a tour- f Iranians to do the right thing and re- ist can be in America six times longer lease Dr. Esfandiari. CALLING UPON THE GOVERNMENT than a parent of a citizen. That is not I also wish to recognize the solid ef- OF THE ISLAMIC REPUBLIC OF the America I know. That is not an fort of the Woodrow Wilson Inter- America that cherishes family values. IRAN TO IMMEDIATELY RE- national Center and its staff, led by our Third, and finally, this amendment LEASE DR. HALEH ESFANDIARI former colleague in the House of Rep- prevents collective punishment for par- Mr. CARDIN. Madam President, I ask resentatives, Lee Hamilton, for its ent visa overstays. Under this bill, if unanimous consent to proceed to the steadfast support of Dr. Esfandiari. the overstay rate exceeds 7 percent for immediate consideration of S. Res. 214 Finally, I wish to express my support two years, either all nationals of coun- submitted earlier today. for Dr. Esfandiari’s family during this tries with high overstay rates can be The PRESIDING OFFICER. The trying time. She has a strong family barred or the entire program can ter- clerk will report the resolution by and dozens of caring friends who refuse minated. title. to give up her plight and refuse to let Needless to say, this form of collec- The assistant legislative clerk read the Iranians suppress a beacon of peace tive punishment is patently wrong and as follows: and understanding. unjust. We should never punish law A resolution (S. Res. 214) calling upon the This is outrageous. The Iranians need abiding individuals on account of the Government of the Islamic Republic of Iran to do the right thing and allow her to misdeeds of others. to immediately release Dr. Haleh Esfandiari. return home here in the United States.

VerDate Aug 31 2005 00:52 May 25, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.036 S24MYPT1 bajohnson on PRODPC74 with SENATE S6598 CONGRESSIONAL RECORD — SENATE May 24, 2007 I can tell my colleagues that this body Whereas the Ministry of Intelligence has In paragraph (2) of section 503(e), strike needs to stand in strong opposition to implicated Dr. Esfandiari and the Wilson ‘‘May 1, 2005’’ each place it appears and in- what the Iranians are doing, urging Center in advancing the alleged aim of the sert ‘‘January 1, 2007’’. In paragraph (1) of section 503(f), strike them to release this U.S. citizen so she United States Government of supporting a ‘‘soft revolution’’ in Iran: Now, therefore, be ‘‘May 1, 2005’’ and insert ‘‘January 1, 2007,’’. can return here to her home. it In paragraph (6) of the quoted matter Madam President, I ask unanimous Resolved, That— under section 508(b), strike ‘‘May 1, 2005’’ and consent that the resolution be agreed (1) the Senate calls upon the Government insert ‘‘January 1, 2007’’. to, the preamble be agreed to, the mo- of the Islamic Republic of Iran to imme- In paragraph (5) of section 602(a), strike tion to reconsider be laid upon the diately release Dr. Haleh Esfandiari, replace ‘‘May 1, 2005’’ and insert ‘‘January 1, 2007’’. her lost travel documents, and cease its har- In subparagraph (A) of section 214A(j)(7) of table, and that any statements relating the quoted matter under section 622(b), there to be printed in the RECORD. assment tactics; and (2) it is the sense of the Senate that— strike ‘‘May 1, 2005’’ and insert ‘‘January 1, The PRESIDING OFFICER. Without 2007’’. objection, it is so ordered. (A) the United States Government, through all appropriate diplomatic means Mr. MENENDEZ. Madam President, I The resolution (S. Res. 214) was and channels, should encourage the Govern- ask unanimous consent that Senators agreed to. ment of Iran to release Dr. Esfandiari and DURBIN, CLINTON, DODD, OBAMA, AKAKA, The preamble was agreed to. offer her an apology; and LAUTENBERG, and INOUYE be added as The resolution, with its preamble, (B) the United States should coordinate its cosponsors of this amendment, along reads as follows: response with its allies throughout the Mid- with Senator HAGEL and myself. S. RES. 214 dle East, other governments, and all appro- The PRESIDING OFFICER. Without Whereas Dr. Haleh Esfandiari, Ph.D., holds priate international organizations. objection, it is so ordered. dual citizenship in the United States and the f Mr. MENENDEZ. Madam President, Islamic Republic of Iran; COMPREHENSIVE IMMIGRATION the legislation currently before us cur- Whereas Dr. Esfandiari taught Persian lan- tails the ability of American citizens, guage and literature for many years at REFORM ACT OF 2007—Continued or U.S. permanent residents, to peti- Princeton University, where she inspired un- Mr. MENENDEZ. Madam President, tion for their families to be reunified told numbers of students to study the rich what is the pending business before the here in America. Right now, if the bill Persian language and culture; Senate? Whereas Dr. Esfandiari is a resident of the The PRESIDING OFFICER. The Dodd goes untouched, this bill sets two dif- State of Maryland and the Director of the amendment No. 1199. ferent standards for groups of people, Middle East Program at the Woodrow Wilson and it sets it in a way that is fun- AMENDMENT NO. 1194 TO AMENDMENT NO. 1150 International Center for Scholars in Wash- damentally unfair. One group is those Mr. MENENDEZ. I ask unanimous ington, D.C. (referred to in this preamble as who have followed the law and obeyed the ‘‘Wilson Center’’); consent that the amendment be set the rules by having their U.S. citizen Whereas, for the past decade, Dr. aside in order to call up amendment relative or U.S. lawful permanent resi- Esfandiari has traveled to Iran twice a year No. 1194. dent petition to bring them into this to visit her ailing 93-year-old mother; The PRESIDING OFFICER. Without country legally, and one more favor- Whereas, in December 2006, on her return objection, it is so ordered. to the airport during her last visit to Iran, The clerk will report. ably—it treats the next group much Dr. Esfandiari was robbed by 3 masked, more favorably, one who has entered or knife-wielding men, who stole her travel doc- The assistant legislative clerk read as follows: remained in the country without prop- uments, luggage, and other effects; er documentation. So those who have Whereas, when Dr. Esfandiari attempted to The Senator from New Jersey [Mr. MENEN- obeyed the rules, followed the law, rel- obtain replacement travel documents in DEZ], for himself and Mr. HAGEL, Mr. DURBIN, Iran, she was invited to an interview by a Mrs. CLINTON, Mr. DODD, Mr. OBAMA, Mr. atives of U.S. citizens, get treated in representative of the Ministry of Intel- AKAKA, Mr. LAUTENBERG, and Mr. INOUYE, an inferior way to those who have not ligence of Iran; proposes an amendment numbered 1194 to followed the law, who get treated in a Whereas Dr. Esfandiari was interrogated amendment No. 1150. better way. Let me explain how. by the Ministry of Intelligence for hours on Mr. MENENDEZ. Madam President, I The Menendez-Hagel amendment many days; ask unanimous consent that the read- simply states that at a minimum, the Whereas the questioning of the Ministry of ing of the amendment be dispensed two groups should be treated equally Intelligence focused on the Middle East Pro- under the bill. Our amendment is about gram at the Wilson Center; with. Whereas Dr. Esfandiari answered all ques- The PRESIDING OFFICER. Without fundamental fairness. All this amend- tions to the best of her ability, and the Wil- objection, it is so ordered. ment does is to make sure both groups son Center also provided extensive informa- The amendment is as follows: face the same cutoff date. tion to the Ministry in a good faith effort to AMENDMENT NO. 1194 Right now, those who are in our Na- aid Dr. Esfandiari; (Purpose: To modify the deadline for the tion in an undocumented status are al- Whereas the harassment of Dr. Esfandiari family backlog reduction) lowed under the bill to potentially earn increased, with her being awakened while In paragraph (1) of subsection (c) of the permanent residency so long as they napping to find 3 strange men standing at quoted matter under section 501(a), strike entered this country before January 1, her bedroom door, one wielding a video cam- ‘‘567,000’’ and insert ‘‘677,000’’. 2007. All our amendment says is that era, and later being pressured to make false In the fourth item contained in the second those who followed the rules who are confessions against herself and to falsely im- column of the row relating to extended fam- plicate the Wilson Center in activities in waiting outside of the country who are ily of the table contained in subparagraph the immediate relatives of U.S. citi- which it had no part; (A) of paragraph (1) of the quoted matter Whereas Lee Hamilton, former United under section 502(b)(1), strike ‘‘May 1, 2005’’ zens shouldn’t be treated worse because States Representative and president of the and insert ‘‘January 1, 2007’’. they obeyed the law and followed the Wilson Center, has written to the President In paragraph (3) of the quoted matter rules. They should at least be treated of Iran to call his attention to Dr. under section 503(c)(3), strike ‘‘May 1, 2005’’ the same, not worse. Therefore, they Esfandiari’s dire situation; and insert ‘‘January 1, 2007’’. should have the same date: January 1, Whereas Mr. Hamilton repeated that the In paragraph (3) of the quoted matter Wilson Center’s mission is to provide forums 2007. All this amendment does is simply under section 503(c)(3), strike ‘‘440,000’’ and apply the same standard, the same cut- to exchange views and opinions and not to insert ‘‘550,000’’. take positions on issues, nor try to influence In subparagraph (A) of paragraph (3) of the off date to those who followed the rules specific outcomes; quoted matter under section 503(c)(3), strike so that those who did obey the law and Whereas the lengthy interrogations of Dr. ‘‘70,400’’ and insert ‘‘88,000’’. who legally applied for their green card Esfandiari by the Ministry of Intelligence of In subparagraph (B) of paragraph (3) of the can potentially earn permanent resi- Iran stopped on February 14, 2007, but she quoted matter under section 503(c)(3), strike dency so long as they apply for their heard nothing for 10 weeks and was denied ‘‘110,000’’ and insert ‘‘137,500’’. visa before January 1, 2007. her passport; In subparagraph (C) of paragraph (3) of the Now, this is a somewhat complicated Whereas, on May 8, 2007, Dr. Esfandiari quoted matter under section 503(c)(3), strike honored a summons to appear at the Min- ‘‘70,400’’ and insert ‘‘88,000’’. issue, so let me explain exactly what istry of Intelligence, whereby she was taken In subparagraph (D) of paragraph (3) of the the legislation as it is currently draft- immediately to Evin prison, where she is quoted matter under section 503(c)(3), strike ed does if we don’t adopt this amend- currently being held; and ‘‘189,200’’ and insert ‘‘236,500’’. ment. Right now, there is a family

VerDate Aug 31 2005 00:52 May 25, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.037 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6599 backlog of people who have applied for those who followed the rules will have service doesn’t matter. All these sol- legal permanent residency. These are to wait at least an additional 8 years diers, sailors, and marines—all dif- the people waiting outside of the coun- before they even become eligible to ferent services—all of them are ulti- try, waiting as they are claimed and compete—eligible to compete—for a mately serving their country. have their petitions by a U.S. citizen or new proposed merit-based green card. Under this bill, we take people such permanent resident saying: I want to The legislation unfairly says that as them, and so many others, and viti- bring my father or my mother here. I those who followed the rules would ate their rights. That is fundamentally want to bring my child here. I want to have to wait a total of 10 years in addi- unfair. These people not only are serv- bring my brother or sister here. This tion to the time they have been wait- ing our country abroad, they are pro- legislation, as currently drafted, does ing—in addition to the time they have tecting our airports, our seaports, and away with the rights of U.S. citizens to been waiting—before they are eligible our borders. They risk their lives in Af- make that claim if, in fact, those indi- to compete under a new and different ghanistan and Iraq and around the viduals have not filed their application system, with a different set of rules, world to protect us at home. To peti- before May 1, 2005. and no guarantee they will ever be able tion for your sister to come to live It is important to pay attention to to be reunited with their family mem- with you in America, you lose that that May 1, 2005 date because it is near- ber, that U.S. citizen or permanent right if you filed after May 1, 2005. You ly 2 years before the cutoff for people resident. Clearly, at a minimum, we didn’t do the right thing, but you get who are here in an undocumented sta- should allow those who played by the the benefit of 2 years more than those tus—those who didn’t follow the law, rules to have the same cutoff date of who obeyed the laws and followed the obey the rules, and those who may ob- January 1, 2007. rules—brothers and sisters, sons and viously have no U.S. citizen to claim Now, not only is it unfair to make daughters, mothers and fathers. It is them. So it actually says to a U.S. cit- people who follow the rules wait longer hard to imagine that one would have izen and a U.S. permanent resident: than those who chose not to, it is also that right taken away from them. You have an inferior right and a right wrong to make people who applied Here is another case for you to con- that is now lost because it exists under under our current system have to re- sider. You are a U.S. citizen, you have the law as it is today. That right is apply under a totally different one. paid your taxes, you have served your lost, and your right is inferior to the Those who applied on May 1, 2005, or Nation, you attend church, and you rights of those individuals who have after, applied under our current immi- make a good living. You are a good cit- not followed the rules and obeyed the gration system that values family ties izen. You petition to have your adult law. So as this bill seeks to clear the and employment at a premium, unlike child come to America, but you did so legal family backlog, we say: Don’t under this bill, would now be subject to after the arbitrary date of May 1, 2005. treat a U.S. citizen worse. Don’t treat a completely different standard that is Under this bill, that U.S. citizen would a U.S. citizen worse. The legislation as primarily concerned with education lose their right. However, those un- currently drafted sets this arbitrary and skill levels. This is like changing documented in the country after May date of May 1, 2005, yet gives everybody the rules of the game halfway through 1, 2005, get a benefit. It is hard to imag- else who didn’t follow the law the date it. People who applied after May 2005 ine, but it is true. of January 1, 2007. That means a lot of would not only lose credit for the up to Right now, this bill is unfair and family gets cut off. The rights of U.S. 2 years they have been waiting under nonsensical, capriciously punishing citizens get cut off as well. the legal process, they would also have those who have followed the rules and Right now, the legislation also says to apply under a completely different legally applied for a green card. What that if you overstayed a visa or came system than the one under which they message, then, do we send? I have to this country without proper docu- originally applied. heard a lot about the rule of law, a lot mentation before January 1, 2007, you Now, let’s think of how fundamen- about waiting in line, a lot about all can ultimately become a lawful, per- tally unfair that is. those who should have followed our im- manent resident between the 9th and In this photo is the late Marine LCpl migration laws. Yet what message does 13th year of the process that the bill Jose Antonio Gutierrez, a permanent the bill send? You followed it, but your describes. But if you applied for a visa resident of the United States—the first rights are vitiated, taken away—not outside of the country and you applied American casualty in the war in Iraq. the rights of the family member wait- by a U.S. citizen or permanent resident For people similar to the late Jose An- ing abroad to come here, it is the and you followed the rules, there is tonio Gutierrez who served their coun- rights of the U.S. citizen to make the no—no—guarantee you will ever be try, for them, under this bill—he was claim for that individual. That is what able to be reunified with your family. not only here legally but was serving bothers me about the underlying legis- Our amendment would remedy this his country—oh, no, you apply for your lation. They are taking my right away injustice by moving the cutoff date for family by May 1, 2005, or, sorry, we will and your right away as a U.S. citizen. those who legally applied for visas to give those people who don’t follow the We must make sure that people who January 1, 2007—the same cutoff date rules and obey the law a preference. have played by the rules and legally that is currently set for the legaliza- But you, who served your country, you applied to immigrate here are not arbi- tion of undocumented immigrants. And who wore the uniform, you who have trarily placed at a disadvantage in re- we would add the appropriate number done everything right—no, you have an spect to those who are in this country of green cards to ensure we don’t cre- inferior right. in an undocumented status. As I have ate a new backlog or cause the 8-year Is that the legacy we leave to people said many times before, comprehensive deadline for clearing the family back- who have served their country, a legal immigration reform must be tough but log to slip by a few years. So we stay permanent resident? Sometimes people must also be practical and fair and within the framework of the under- don’t even know we have legal perma- tough on border security. Certainly, we lying bill; we just bring justice and nent residents fighting in the service of have done that here—this bill even fairness to the bill for those who have the United States—tens of thousands. moved more to the right—by providing obeyed the law, followed the rules, and That is fundamentally unfair. a pathway to earned citizenship. are the family members of U.S. citi- In this photo is another group of law- At the same time, we have to be fair zens. ful permanent residents, ‘‘first called by rewarding those who have followed Now, why shouldn’t legal applicants to duty.’’ They were in different serv- the law. I think we have to remain true be able to keep their place in line if ices of the Armed Forces of the United to those principles. Let me give you a they applied before January of 2007? States, serving their country, in little sense of this. I have heard a lot Clearly, this legislation, as it is cur- harm’s way. Guess what. Under the about chain migration. You know, it is rently written, is unfair to those who bill, you have family abroad, you ap- interesting, we have seen during his- legally applied for a visa. The legisla- plied for them, you did the right thing, tory that when we want to dehumanize tion unfairly says that those who fol- and you told them to wait. After May something, take out the humanity of lowed the rules lose their place in line. 1, 2005, sorry, Charlie, your right is something, when we want to make it The legislation unfairly says that gone, just like that. Your value and an abstract object, we find a word or a

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I always thought a moth- have probably worn his products; Desi working together, Senator MCCONNELL er or father, son or daughter, brother Arnez, one of my favorites, a Cuban im- and Leader REID working together— and sister was not a chain; I thought migrant, who loved Lucy every day on this is a bipartisan approach and the that was a circle of strength. It is a cir- national TV; Bob Hope was a natural- debate the American people expect out cle of strength within our community. ized U.S. citizen. He brought an enor- of the Senate. It is a sense of what our society is all mous amount of joy to our service men I am proud we are moving forward on about, regardless of what altar you and women across the globe; Patrick it because of the immediate need but worship at, what creed you believe in. Ewing, a great basketball player; Oscar also the way we are going about this I thought, when I heard the speeches of de la Renta, a great designer; Liz Clai- process. family values on the floor, that this borne; Madeleine Albright, former Sec- Despite the Senate’s success in pro- was a circle of strength and dignity retary of State; Albert Einstein. His ducing a bipartisan bill last year, the and the very essence of what is essen- parents never would have made it issue still has not been resolved. There tial for our communities to grow and under this bill; Andrew Carnegie of the is still much to be questioned, and we prosper. Carnegie Foundation; Joseph Pulitzer, are working through that. What does this bill do? It says that is of Pulitzer Prize fame; Michael J. Fox, The majority of my colleagues will not a value—a mother, father, son, who talks to us every day about the ne- agree that our Nation’s current immi- daughter, brother, sister. It is not a cessity for stem cell research and the gration system is badly broken, it is value. That is what this bill does. Let incredible challenges of Americans out of date, and it desperately needs to me tell you what family values have with Parkinson’s. He is a naturalized be fixed. I plan to look for any plan meant to this country. Here on the U.S. citizen. that we can support that is tough and chart are names of Americans who had The list goes on and on. The bottom practical and fair in dealing with this immigrant parents. A lot of them prob- line is that under this bill, so many of ever-increasing issue. ably could not have come to this coun- those, such as General Petraeus, Colin Without a doubt, the top priority try under the bill as proposed. Look at Powell, Thomas Edison, and Antonin must be the safety and security of our what their offspring have provided for Scalia, whose parents came to this country, as well as the economic needs this country. country and therefore gave them the of industry, U.S. citizens, and immi- A gentleman known as General opportunity to be born in America, grants. But most importantly, the se- Petraeus happens to be leading our ef- they would not have made it under this curity issue is one of our top priorities. forts in Iraq. He is our big hope to turn bill. Family values. Those who did not I am so pleased the underlying bill it around. He had immigrant parents. have the good fortune to be born here, includes triggers to require that Border Thomas Edison, from my home State Patrol agents are significantly in- of New Jersey, Menlo Park, invented but because their parents immigrated here, were naturalized U.S. citizens. creased and vehicle barriers and fenc- electricity. He may not have been the ing are installed along the southern originator of that in this country if his They have contributed greatly. So let’s not dehumanize this reality. border with Mexico before any of the parents had not come here. other provisions can even begin, mak- Martin Sheen, from the show ‘‘West This isn’t about ‘‘chain migration.’’ ing sure that we are taking care of Wing,’’ would not have been here under This isn’t about some abstract sense of what we know we can do and we can do this bill. how we try to change a very important Jonas Salk invented the polio vac- concept—family, family values, reuni- quickly. cine, which was a great achievement. fication, strengthening communities, I believe this bill is a work in His parents would have likely not made and having great Americans who have progress, though, just as any other bill it here under this bill. altered the course of history and made we bring before the Senate—working Colin Powell, former Secretary of this country the greatest experiment hard through the committee process State, former chairman of the Joint and country in the history of the and through years of debate, but also Chiefs of Staff—he is somebody who is world. recognizing that we are not here to cre- admired on both sides of the aisle—he Our amendment simply says to all ate a work of art but to create a work would not have made it here under this those who have espoused family values, in progress. Through these debates and bill. it is time to put your vote with your actually through implementation, we Antonin Scalia—I may not agree values. It says don’t snuff out the right learn what works and what doesn’t with him all the time, but he is a dis- of a U.S. citizen or a U.S. permanent work, what the current needs of our tinguished member of the Supreme resident, these guys in this picture— country are. But as we move forward Court of the United States. Several of don’t snuff out their right, all perma- with implementation, we learn the fu- these names you might recognize as nent residents of the U.S. originally, ture needs. Republicans. He would not have likely don’t snuff out their rights to be able If we debate reform in this bill in the made it here under the bill as proposed; to claim family members. Don’t treat coming days and weeks, we must also Carl Sandburg, a great poet, who wrote those of us who are U.S. citizens and address other important issues. As I of our humanity as a people; the late legal permanent residents worse than stated during last year’s debate, my Peter Jennings, who talked to us every those people who didn’t obey the law, home State of Arkansas had the larg- night on television. follow the rules, and came into the est per capita increase of the Hispanic These are all people who have con- country. Don’t do this. At least treat population of any State in the Nation tributed in so many different ways to us equally. At least treat us equally. during the last census. Arkansas has our country because their parents With that, I yield the floor. become what is referred to as an came to America. Family values have The PRESIDING OFFICER (Mr. emerging Hispanic community, with enriched America. SALAZAR). The Senator from Arkansas largely first-generation immigrants. Let me give you another group of is recognized. These immigrants have had a dramatic citizens. These, unlike those others Mrs. LINCOLN. Mr. President, I ap- impact on our communities and our who were born in the United States, preciate my colleague from New Jersey economy. are naturalized U.S. citizens, meaning and the passion and value he brings to The majority of immigrants in my they weren’t born in this country. this debate; it is tremendous, and we State came to the United States be- They came here through the immigra- are all better for it. I am grateful to cause they wanted an opportunity to tion process of our country. I would him. work hard and achieve a better life for like to think some of them have con- I rise this afternoon to, once again, themselves and for their families. How- tributed some good things: discuss the dire need we have in this ever, I believe it is to the detriment, The Governor of California, Arnold country and in our communities for oftentimes, of taxpaying Americans if Schwarzenegger. I am not sure he comprehensive immigration reform. I we don’t address the millions of illegal

VerDate Aug 31 2005 00:52 May 25, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.040 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6601 immigrants living in our communities. Mrs. LINCOLN. Mr. President, I am NEDY and Senator KYL for their hard We have to do so in a practical way, in sorry, I didn’t know I had a restricted work. And I look forward to continuing a realistic way of how we effectively time limit. I ask unanimous consent our work on this bill and hopefully use the tax dollars we have, along with for an additional 2 minutes. finding a solution to this issue and the rules and regulations and realistic The PRESIDING OFFICER. Is there doing so in a timely way. barriers that we can put into place to objection to the request for an addi- I yield the floor. rein in the problem that exists today in tional 2 minutes for the Senator from The PRESIDING OFFICER. The Sen- this country. Arkansas? Without objection, it is so ator from Illinois. No reform proposal should grant am- ordered. AMENDMENT NO. 1186, AS MODIFIED nesty. Amnesty is total unqualified Mrs. LINCOLN. I thank the Chair. Mr. DURBIN. Mr. President, I ask Mr. President, as I said, citizenship forgiveness without restitution, and no unanimous consent that notwith- in this country is not free, and it is policy should provide amnesty. This standing the adoption of amendment something that has to be earned and policy does not, nor did the one we No. 1186, that it be modified with the worked for, and that is what this bill passed in the last session of Congress. I changes at the desk. don’t think it is fair to the citizens of requires. I also believe any plan must consider The PRESIDING OFFICER. Without this Nation or to those immigrants objection, it is so ordered. who do play by the rules to come into guest workers. Many business leaders throughout our great State of Arkan- The amendment, as modified, is as this great land. Those who have broken follows: the law, including employers who sas have told me about the valuable knowingly hire illegal immigrants, contribution that legal immigrant Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by inserting after subparagraph must face proper recourse. workers have made to the economic growth we have seen. It is my belief (G), as added by section 503 of this Act, the However, I also don’t believe it is following: practical, wise, or even, quite frankly, these workers are vital to sustained ‘‘(H) Aliens who are eligible for a visa an economic reality to think that we growth and development of many in- under paragraph (1) or (3) of section 203(a) can simply round up and deport all of dustries and farming communities and who have a parent who was naturalized the illegal immigrants who are resid- throughout our land. However, we must pursuant to section 405 of the Immigration ing in this country today. That is why ensure that adequate safeguards are in Act of 1990 (8 U.S.C. 1440 note).’’. I support an approach that includes se- place to prevent guest workers from AMENDMENT NO. 1181 rious consequences for those who are in taking jobs from U.S. workers or driv- Mr. DURBIN. Mr. President, pending our country illegally and yet want to ing down wages and benefits for hard- before the Senate and a vote in a few remain. We create an earned path to working Americans. We have seen that moments is an amendment by the Sen- citizenship and tough enforcement in this bill, and we will continue to ator from North Dakota, Mr. DORGAN. policies for businesses and those who work to strengthen it. It will sunset the guest worker pro- are working toward that citizenship. I am pleased the immigration reform gram at 5 years. We will stop at 5 years We can eliminate the shadow economy legislation we are currently debating and take a look at this immigration that encourages illegal immigration. contains provisions that will improve program and decide whether it is good According to the bill being debated, our agricultural guest worker program for America, whether it is fair and just. all undocumented immigrants who ar- which will benefit our Nation’s farm- I don’t believe that is an unreason- rive in the United States before Janu- ers. able request. I think it is the right We stand at a crossroads in this ary 1, 2007, will be required to pay a thing to do, and I will be supporting country. Over the last decade and a hefty fine, a $5,000 fine, go to the end of that amendment. half, the immigrant population has ex- the line, and wait 8 years before a I wish to speak to that amendment, panded in every area of our country, green card can be issued, putting into but first I wish to say a word about the many of them coming here legally but place stiff regulations and expectations bill. some not; some coming illegally, many of those who have come here against Mr. President, 96 years ago, just a of them already paying local taxes. Al- the rules and yet want to remain, put- few miles from where we are meeting, most half are paying into Medicare and ting them at the back of the line not at on July 18, 1911, a woman came down a Social Security with no promise of ever the front. gangplank in Baltimore, MD. She had receiving any benefits. In addition, a touchback provision just arrived on a voyage from Bremen, has been included that will require the We are faced with the decision that gets to the heart of what values we Germany. She had a 2-year-old little head of a household to return to his or girl in her arms and two young chil- her country of origin to apply for a hold near and dear as Americans. We have always said: If you work hard and dren, a boy and a girl, by her side. She green card before being allowed to re- stepped foot in America in Baltimore turn. Many of us know how absolutely play by the rules, there is a place for and took a train to join up with her precious citizenship in this great land you in this great land of America to husband in a place called East St. is. When I first ran for Congress, I can raise your children and contribute to Louis, IL. remember the first thing my father our great melting pot. This woman who brought these three told me. I was a young single woman We now must consider as part of this children across the Atlantic didn’t out campaigning and pleading with my debate what to do with those who have speak English. She only knew that her fellow Arkansans in east Arkansas, broken the rules to come here but have husband was waiting 800 miles away people I had known ever since I was since worked hard to provide for their and was making her journey. That born, people who had helped raise me, families. I hope the Senate will give woman was my grandmother. The baby those I had grown up around. this difficult question the reasoned, My father said: Never, ever, ever miss thorough debate it deserves. in her arms was my mother. That was an opportunity to ask someone for The problems we face today with bor- 96 years ago. Ninety-six years later, their vote. He said: When you have der security and illegal immigration the son of that little girl stands as a something that precious, you want to did not appear overnight, and they will United States Senator from Illinois. It be asked for it. not be solved overnight. It is a difficult is a story about America. Citizenship in this great country, and complicated issue, and fixing it This Nation is great because of the just as that vote, is a precious gift, and will not be easy. But while I am still immigrants and their sons and daugh- we, as Arkansans and Americans, know reviewing the provisions of this legisla- ters who came here and made it great. that anything similar that precious is tion and reserve the right to try to im- I am certain that when my mother’s worth working for. prove it through the amendment proc- family announced to their villagers in That is why these provisions are im- ess, as others will, I believe strongly Jurbarkas, Lithuania, that they were portant because it demonstrates that that we can work to complete an immi- leaving for America, that they were citizenship is something that must be gration bill this year because we no leaving behind their home, their gar- earned and is not free. longer can wait. den, their church, their history, their The PRESIDING OFFICER. The time I thank the majority leader and Sen- language, and their culture and head- of the Senator has expired. ator MCCONNELL. I thank Senator KEN- ing someplace where they couldn’t

VerDate Aug 31 2005 01:21 May 25, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.042 S24MYPT1 bajohnson on PRODPC74 with SENATE S6602 CONGRESSIONAL RECORD — SENATE May 24, 2007 even speak the language, I am sure as at that point. If we see American wages The PRESIDING OFFICER. The Sen- their neighbors walked away in the going down, if we see the unemploy- ator from Massachusetts has 4 min- darkness that evening they all said the ment rate of Americans going up, we utes, and the Senator from North Da- same thing: They’ll be back. They’ll be may want to calibrate, reconsider. kota has 81⁄2 minutes. back. His is a thoughtful and reasonable Mr. KENNEDY. Mr. President, I yield They didn’t go back. They stayed approach. Senator KENNEDY has said, myself 31⁄2 minutes, and the Chair will here. They built America. People simi- and he is right, that we establish let me know when I have 1⁄2 minute re- lar to them have been building Amer- standards of treatment for these guest maining. ica since the beginning. workers that are dramatically better Mr. President, just to summarize This bill is about immigration. It is than what they face today. There is where we are, those of us who have about a system of immigration that gross exploitation taking place. We studied this issue—and I respect all the has failed us. It has failed us because know that. Members of the Senate in giving this 800,000 undocumented illegal people Many of these undocumented, illegal consideration—recognize we have to pour across our southern border every workers are treated very kindly, but have a comprehensive approach. We year into America. It has failed us be- many are exploited. We know the sto- don’t rely on any one part in order to cause employers welcome these em- ries. we hear them, we read about be successful with this recommenda- ployees, often paying them dirt wages them. We can change that, and we tion in terms of immigration reform. under poor conditions and say to them: should. A great nation should not allow We have the strong border security, We will use you until we don’t need people to be exploited in this way. but with the border security we do you, and then you are on your own. It is not inconsistent to say that we have some opportunity for people to These immigrants sacrifice for them- will have a limited number of guest come in the front door so they are not selves, send their money home, and workers, that we will treat them fairly coming in the back door illegally. We dream of someday that they will have and honestly and in a decent manner, have tough interior enforcement be- security and peace of mind. That is the with decent wages, and then step back cause we require that those individuals story. in 5 years and make an assessment of who are going to come in have a card. Sadly, we have 10 or 12 million now where we are. I think that is a reason- We treat them fairly, we treat them in our country who came that way, able approach to take. well, and we provide the same kinds of with no legality or documentation. There are many positive provisions protections for those individuals that I salute Senator KENNEDY and those in this bill, but the one thing that we give to the American workers. That who brought this bill to the floor. They troubles me is the idea of guest work- doesn’t exist today. It is an entirely have worked long and hard for years to ers being here for 2 years and leaving, different game. deal with this issue honestly. They creating a rotating class of people with We have to understand at the outset have to fight the talk show hosts who little investment in the United States. that the guest worker doesn’t get in are on every afternoon screaming How will that work? We already know here unless there is a refusal of any about immigration with not one posi- the answer to that question. That is American to do that job. If there is any tive thought of what we can do about what European nations are doing American anyplace that will do the it. Instead, Senator KENNEDY and many today. They are bringing in people job, they get it. Do we understand like him have stood up and said: We from former colonies and other coun- that? This is for jobs Americans will will risk our political reputation by tries. The Turks are coming into Ger- not do. We hear great stories about putting this measure before America. many, Africans coming into France, people being unemployed here and un- Let’s do something and fix this broken but they never become part of those employed there. I agree with that. But immigration system. countries. They are always the work- the fact is, there are some jobs in the I salute them for that—for border en- force. They become angry. They be- American economy which Americans forcement, for workplace enforcement, come dispossessed. They riot in the just will not do. I don’t think that for dealing honestly, fairly, legally, in streets because they have no invest- needs to be debated. And there are an American way with the 12 million ment in that country in which they are those who will come here and will do people who are here. working. They are being exploited and those jobs with the idea that, hope- The amendment before us addresses used. I don’t want to see that happen in fully, they will have an opportunity to one part. It addresses the guest worker America. I want those who are living be part of the American dream. So the program. As written in this bill, we here to be vested in this country and advertising goes out for the job that is would allow 400,000 people a year to its values and its ideals. out there, and Americans can get the come into America and work as tem- Finally, let me say that when it job. If no American wants it, then the porary workers, and that number could comes to guest workers and H–1B visas, opportunity is there for a guest work- increase. By action of the Senate yes- where we invite higher skilled workers, er. terday, we reduced the 400,000 to our first obligation is to the workers of We have built in here a review of the 200,000. America, those who are unemployed guest worker program. The Senator Do we need 200,000 guest workers and those who have the American from North Dakota says: Let’s do a 5- every year in America? I don’t know dream but just need an American year and then end it. We say: Let’s the answer to that. I can tell you today chance. As we look at each of these take it to 18 months. I spoke earlier in that among college graduates in Amer- categories of workers, let us make cer- the debate about what this commission ica, the unemployment rate is 1.8 per- tain that the first question we ask and does. It is made up of businessmen, it is cent. The unemployment rate for high answer is, are we dedicated to the made up of workers and of economists school graduates is 7 percent. It tells workers and the families across Amer- who will decide how this program is me that there is a pool of untapped tal- ica to make sure they have a fighting working. Is there exploitation? Is it ent in America. chance to realize the same American functioning? If it is working, is it fair? Do we need 200,000 people coming dream my mother realized when she It is 18 months, and then they have to from overseas each year to supplement came off the boat. give Congress the information. They do our workforce? I don’t know the answer Mr. President, I yield the floor. the study, they give the information, to that question. There are those who The PRESIDING OFFICER. The Sen- and we modify the program. insist we do and some who say we ator from Massachusetts. Under the existing program, people don’t. And that is why Senator DOR- Mr. KENNEDY. Mr. President, just as will go out and work for a period of 5 GAN’s amendment is important. It says an inquiry, I think we are scheduled for years, and they may very well earn we will try the 200,000 a year for 5 years a vote at 2:15; is that correct? points to become part of the American and then stop and assess where we are, The PRESIDING OFFICER. That is dream. That doesn’t exist in the Euro- what has happened to wages of Amer- correct. pean system. This is entirely different. ican workers, what has happened to Mr. KENNEDY. I see the Senator These individuals, in 5 years, up to a businesses that need additional work- from North Dakota. million individuals, earn points to be- ers. We can make an honest assessment How much time do I have? come part of the American dream, but

VerDate Aug 31 2005 01:21 May 25, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.044 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6603 then suddenly the Dorgan amendment important as a good job that pays well. talking about millions of people, in- pulls the strings right out from under That is just a fact. Having a job that cluding their families, coming in dur- them. Down they go. Down they go. pays well, with some job security, is ing this period of time for the sole and The promise to them is if they work the way we expand opportunity in this exclusive purpose of taking American hard and play by the rules and work in country and allow someone to be able jobs—jobs which we offer in this coun- very tough and menial jobs, they may to take care of their family. try and which we are told Americans have an opportunity—not guaranteed, We are told by those who offer this will not perform. but they may have the opportunity to legislation that there are jobs Ameri- That is simply not true, by the way. be a part of the American dream, but cans won’t take, that we don’t have Americans will perform these jobs if not under the Dorgan amendment, enough workers and we should bring in there are decent wages. But you don’t under our amendment. workers from outside of our country. have to pay decent wages if you can This is the way to go. We have in Well, it is true there are jobs, for exam- bring in people from elsewhere who are here the review that is essential and ple, at the lower end of the economic used to working for 50 cents an hour or necessary. This can provide the Con- scale where businesses that offer those from Asia where they are used to work- gress with the information of whether jobs don’t want to pay anything for ing for 20 cents an hour and working 7 this program is working. It has been those jobs, and so they do not have days a week, 12 and 14 hours per day. If established, and it will be set up. It people rushing to beat down the door you dispute that, go to Xianxian, will be functioning, and it will give to get those jobs. They do not have to China, and check any of the factories Congress the best information. We will pay a decent wage for those jobs if they there and find out the conditions and have continuing oversight, and we will can keep bringing in cheap labor. That the wages. be able to adjust that program in ways is what is at work here in the guest Well, my point is this: We will get that serve humanity and serve our worker program. I thought supply and these millions of people into this coun- economy. demand was something that was cher- try on top of the 1.2 million who will I hope the Dorgan amendment will be ished and embraced by the people who already come in legally. Plus we will defeated. most strongly support this. Supply and say to the 12 million who came in ille- The PRESIDING OFFICER. The Sen- demand. So if you are having trouble gally that you, too, now are deemed to ator from North Dakota. finding workers for a job, you raise the be legal and given a work permit. On Mr. DORGAN. Mr. President, I yield 1 price, you raise the wage. top of that, we want to bring in addi- minute to the Senator from California, Do my colleagues know what is hap- tional guest or temporary workers. I Mrs. BOXER. pening to workers in this country? Mrs. BOXER. Mr. President, it is ask this question: Of these millions of Their productivity has gone way up. very rare that I have such a strong dis- people—millions of people—how many We have had dramatic gains in produc- of them are going to leave and go back agreement with my friend, TED KEN- tivity by workers. Has their income home? NEDY, but I don’t understand the agita- gone up? No, not at all, especially My colleague yesterday said that the tion over an amendment that simply those at the bottom. There is down- Governor of Arizona, who probably says that a program that allows 200,000 ward pressure on their income. Why? knows as much about this as any other foreign workers in here, a generalized Because we are told we can have an al- Member of the Senate, has pointed out program—this isn’t AgJOBS, which is a most inexhaustible supply of cheap that you can build the fence down specific industry program that we labor coming into this country. there—talking about the southern bor- know we need because we know right Even if this bill were not on the der—but if it is 49 feet high, they will now half the workers are foreign work- floor, we bring in 1.2 million people per have a 50-foot ladder. Talk to the Ari- ers; this is a generalized, open pro- year under the legal process by which zona Governor, he says. It is a matter gram, 200,000 foreign workers a year. I people come to this country. So it is of fact that some workers will still think Senator DORGAN and I and others not as if there is not going to be immi- come here illegally or legally, but one have shown that American workers are gration. On top of that, there will be way or another, they will come in. So going to be hurt by this. So why is well over a million people coming in much for the proposition that the bill there so much angst about sunsetting a for agricultural jobs without this bill. brought to the floor of the Senate program that will allow in now 200,000 But this bill says that is not enough, solves the immigration problem. people a year? It was 400,000. Thanks to that we need additional workers to We are told we need a guest worker the Bingaman amendment, it is down. come in because we need more of those or temporary worker provision here be- This is a modest amendment. This is a workers, particularly unskilled work- cause they are going to come anyway. sensible amendment. ers, at the bottom. Apparently, we are saying: OK, they Mr. President, I would ask my friend Here is what this group has put to- are going to come in illegally anyway to yield me 1 more minute, or 30 sec- gether as a plan. It is hard for me to because we can’t stop them—we don’t onds. see how you could come up with a plan Mr. DORGAN. I yield an additional 30 have a provision in the bill to stop such as this, but this is the plan. It seconds. them—so we will very cleverly say Mrs. BOXER. Mr. President, here is used to be 400,000, but now it is 200,000. they are guest workers and give them a the point: You are doing no harm to In the first year, we bring in 200,000 permit as they come in. That is the these people. Under this bill, these peo- people from outside of this country to bottom line here. ple have to leave at the end of 6 years. come in and take American jobs— My amendment is very simple. I lost They are done. So for the Senator to 200,000 people come on in. They can the amendment to strip out the guest say this somehow hurts people in the stay for 2 years, by the way, and bring worker provision, a provision we don’t long run, it simply isn’t true. their family, if they want. Then they need and shouldn’t need. It is a provi- This is a modest amendment. It go home for a year, come back for 2, go sion that is the price paid to the U.S. makes a lot of sense. Who knows, in 5 home for a year, and come back for 2 Chamber of Commerce for their sup- years, we could be in a massive depres- more years. If they bring their family, port for this bill even as they export sion. We don’t want that, but we are they can only come twice, with a year good American jobs through the front certainly not going to want to extend in between. door, mostly to Asia. We don’t need the program in that case. This is a wise So here is the way it works: 200,000 and should not support this provision. I amendment, and I urge an ‘‘aye’’ vote. come in the first year. They stay here lost my amendment the day before yes- I thank the Senator from North Da- for the second year. That is 200,000. An- terday to strike this provision. This kota for his leadership. other 200,000 come in, perhaps their amendment I offer today says at Mr. DORGAN. Mr. President, how families come in. Let’s go through year least—at least let us sunset this provi- much time remains? 10. What you have, for example, in year sion in 5 years so we can take a look at The PRESIDING OFFICER. The Sen- 10 is you have 1,200,000 people here in whether any of these promises have ator has 6 minutes 40 seconds. year 10; 11, 1,200,000 people; in year 8, made any sense. Mr. DORGAN. Mr. President, there is you have 1,200,000 people. We are not I was here in the Congress in 1986. I no social program in this country as talking about 200,000 people; we are heard all the promises of the Simpson-

VerDate Aug 31 2005 01:21 May 25, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.046 S24MYPT1 bajohnson on PRODPC74 with SENATE S6604 CONGRESSIONAL RECORD — SENATE May 24, 2007 Mazzoli Act. None of them were true, Salazar Specter Warner ‘‘(b) EFFECTIVE DATE.—Each State shall be Smith Stevens required to comply with the requirements of and 3 million people got amnesty. Snowe Voinovich There was no border security to speak subsection (a) on and after January 1, 2008.’’. of, no employer sanctions to speak of, NOT VOTING—3 (2) CONFORMING AMENDMENTS.— Brownback Johnson Thomas (A) Section 401 of the Help America Vote and there was no enforcement. Now, all Act of 2002 (42 U.S.C. 15511) is amended by these years later, we have 12 million The amendment (No. 1181) was re- striking ‘‘and 303’’ and inserting ‘‘303, and people in this country without legal jected. 304’’. authorization. What do we do? We Mr. SPECTER. Mr. President, I move (B) The table of contents of the Help Amer- bring a new bill to the floor with bor- to reconsider the vote. ica Vote Act of 2002 is amended by redesig- der security, with employer sanctions, Mr. CRAIG. Mr. President, I move to nating the items relating to sections 304 and and a guest worker provision. Nirvana. lay that motion on the table. 305 as relating to items 305 and 306, respec- The fact is, it is not going to work, The motion to lay on the table was tively, and by inserting after the item relat- ing to section 303 the following new item: regrettably, and this is the worst pos- agreed to. The PRESIDING OFFICER. The Sen- ‘‘Sec. 304. Identification of voters at the sible provision in this bill, in my judg- polls.’’. ment. ator from Massachusetts. Mr. KENNEDY. Mr. President, I (b) FUNDING FOR FREE PHOTO IDENTIFICA- Mr. President, I yield the floor, and I TIONS.— reserve my time. thought the Republican leader, the (1) IN GENERAL.—Subtitle D of title II of How much time remains? Senator from Kentucky, Mr. MCCON- the Help America Vote Act of 2002 (42 U.S.C. The PRESIDING OFFICER. The Sen- NELL, wanted to speak and introduce 15401 et seq.) is amended by adding at the end ator has 17 seconds. an amendment. Then we are hopeful the following: Mr. DORGAN. I will reserve the 17 that we would deal with the Vitter ‘‘PART 7—PHOTO IDENTIFICATION seconds unless the Senator from Mas- amendment, and after that we would ‘‘SEC. 297. PAYMENTS FOR FREE PHOTO IDENTI- sachusetts is ready to yield back, and go with the Feingold amendment, and FICATION. then I will yield back and we can vote. perhaps even the Sanders amendment ‘‘(a) IN GENERAL.—In addition to any other as well. That might be a way we pro- payments made under this subtitle, the Com- Mr. KENNEDY. I yield the time. mission shall make payments to States to Mr. DORGAN. I yield my time. ceed. I see the Senator from Kentucky, promote the issuance to registered voters of The PRESIDING OFFICER. All time free photo identifications for purposes of has been yielded. The question is on who is going to talk for a period of meeting the identification requirements of agreeing to the amendment. time. Then we would go back to the section 304. Mr. KENNEDY. Mr. President, I ask Republican side, Senator VITTER, come ‘‘(b) ELIGIBILITY.—A State is eligible to re- for the yeas and nays. back over here to Senator FEINGOLD, ceive a grant under this part if it submits to then perhaps they were looking on the the Commission (at such time and in such The PRESIDING OFFICER. Is there a form as the Commission may require) an ap- sufficient second? other side—we had talked to our Re- publican colleagues—and we are hope- plication containing— There appears to be a sufficient sec- ‘‘(1) a statement that the State intends to ond. ful to get a vote, potentially go to Sen- comply with the requirements of section 304; The clerk will call the roll. ator SANDERS after that. and The legislative clerk called the roll. The PRESIDING OFFICER. The Re- ‘‘(2) a description of how the State intends Mr. DURBIN. I announce that the publican leader. to use the payment under this part to pro- vide registered voters with free photo identi- Senator from South Dakota (Mr. JOHN- AMENDMENT NO. 1170 TO AMENDMENT NO. 1150 Mr. MCCONNELL. Mr. President, I fications which meet the requirements of SON) is necessarily absent. such section. Mr. LOTT. The following Senators thank my friend from Massachusetts. I ask unanimous consent that the ‘‘(c) USE OF FUNDS.—A State receiving a are necessarily absent: the Senator payment under this part shall use the pay- from Kansas (Mr. BROWNBACK) and the pending amendment be laid aside, and I ment only to provide free photo identifica- Senator from Wyoming (Mr. THOMAS). call up amendment No. 1170. tion cards to registered voters who do not The PRESIDING OFFICER (Mr. NEL- The PRESIDING OFFICER. Without have an identification card that meets the SON of Nebraska). Are there any other objection, it is so ordered. requirements of section 304. Senators in the Chamber desiring to The clerk will report. ‘‘(d) ALLOCATION OF FUNDS.— The legislative clerk read as follows: ‘‘(1) IN GENERAL.—The amount of the grant vote? made to a State under this part for a year The result was announced—yeas 48, The Senator from Kentucky [Mr. MCCON- NELL] proposes an amendment numbered shall be equal to the product of— nays 49, as follows: 1170. ‘‘(A) the total amount appropriated for [Rollcall Vote No. 178 Leg.] payments under this part for the year under Mr. MCCONNELL. Mr. President, I YEAS—48 section 298; and ask unanimous consent that the read- ‘‘(B) an amount equal to— Baucus Feingold Obama ing of the amendment be dispensed ‘‘(i) the voting age population of the State Bayh Grassley Reed (as reported in the most recent decennial Biden Harkin Reid with. Bingaman Inhofe Rockefeller The PRESIDING OFFICER. Without census); divided by Boxer Inouye Sanders objection, it is so ordered. ‘‘(ii) the total voting age population of all Brown Klobuchar Schumer The amendment is as follows: eligible States which submit an application Byrd Kohl Sessions for payments under this part (as reported in (Purpose: to amend the Help America Vote Cardin Landrieu Shelby the most recent decennial census). Casey Lautenberg Stabenow Act of 2002 to require individuals voting in ‘‘SEC. 298. AUTHORIZATION OF APPROPRIATIONS. Clinton Leahy Sununu person to present photo identification) Coburn Levin Tester ‘‘(a) IN GENERAL.—In addition to any other At the appropriate place, insert the fol- amounts authorized to be appropriated under Conrad McCaskill Thune lowing: Corker Mikulski Vitter this subtitle, there are authorized to be ap- Dodd Murray Webb SEC. lll. IDENTIFICATION REQUIREMENT. propriated such sums as are necessary for Dorgan Nelson (FL) Whitehouse (a) NEW REQUIREMENT FOR INDIVIDUALS the purpose of making payments under sec- Durbin Nelson (NE) Wyden VOTING IN PERSON.— tion 297. NAYS—49 (1) IN GENERAL.—Title III of the Help Amer- ‘‘(b) AVAILABILITY.—Any amounts appro- ica Vote Act of 2002 (42 U.S.C. 15481 et seq.) priated pursuant to the authority of this sec- Akaka Craig Kennedy is amended by redesignating sections 304 and tion shall remain available until expended.’’. Alexander Crapo Kerry 305 as sections 305 and 306, respectively, and Allard DeMint Kyl (2) CONFORMING AMENDMENT.—The table of Bennett Dole Lieberman by inserting after section 303 the following contents of the Help America Vote Act of Bond Domenici Lincoln new section: 2002 is amended by inserting after the item Bunning Ensign Lott ‘‘SEC. 304. IDENTIFICATION OF VOTERS AT THE relating to section 296 the following: Burr Enzi Lugar POLLS. ‘‘PART 7—PHOTO IDENTIFICATION Cantwell Feinstein Martinez ‘‘(a) IN GENERAL.—Notwithstanding the re- Carper Graham McCain quirements of section 303(b), each State shall ‘‘Sec. 297. Payments for free photo identi- Chambliss Gregg McConnell require individuals casting ballots in an elec- fication. Cochran Hagel Menendez ‘‘Sec. 298. Authorization of appropriations.’’. Coleman Hatch Murkowski tion for Federal office in person to present a Collins Hutchison Pryor current valid photo identification issued by a Mr. MCCONNELL. Mr. President, Cornyn Isakson Roberts governmental entity before voting. Members on both sides have voiced a

VerDate Aug 31 2005 01:21 May 25, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.047 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6605 lot of legitimate concerns about the has already addressed the problem. neutral and didn’t have an opinion at immigration bill that we brought to Here you see President Carter and all, only 3 percent mildly opposed, and the floor earlier this week, which is former Secretary Jim Baker together 4 percent opposed. So let’s add those precisely what we were hoping for addressing this issue as they cochaired together. We are talking about 80 to 7, when we decided to move forward with the Federal Election Reform Commis- with the rest of Americans not having it. We needed to air things out. Many sion. That report said, quite simply, a view. Ninety-three percent of those of our Republican colleagues have election officials need to have a way to who were asked for their opinion were rightly focused on border security and make sure the people who show up at either undecided or in favor of imple- their concern that people who have the polls are the ones on the voter menting this control. State polls show broken the law can somehow get away lists. similar results. Americans are clearly with it under the proposed legislation. I cannot think of anyone who would divided on what to do with illegal im- As we have debated this issue on the disagree with that. The solution the migrants in our communities, but they floor, the American people have spoken commission proposed, the Carter-Baker seem to agree on the benefit of an ID. very loudly. Phones have been ringing Commission, is the same one I am pro- Members from both sides of the aisle off the hooks. If we have settled any- posing today as an amendment to the agree we need to address voting irreg- thing this week, it is that Americans immigration bill. ularities. The junior Senator from Illi- are not shy about expressing their In our country, photo IDs are needed nois is sponsoring a bill that would views on immigration. It is my hope to board a plane, to enter a Federal stiffen penalties for preventing some- this debate will move forward until building, to cash a check, even to join one from exercising his or her right to every apprehension will be addressed. a wholesale shopping club. vote. He has already drawn 12 Demo- Now I wish to voice a concern of my In a nation in which 40 million people cratic cosponsors. The bill is meant to own. The Constitution says: All per- change addresses each year, in which a respond to a problem we all recognize sons born or naturalized in the United lot of people don’t even know their and which we should do something States are citizens, and are therefore neighbors, some form of Government- about by requiring photo ID for voters. free to vote. As a corollary, we have al- issued tamperproof photo ID cards Two dozen States already require—that ways maintained that no one who is should be used in elections as well. If is 24 States—some form of identifica- not a citizen has a right to vote. But in they are required for buying bulk tion at the polls. order to preserve the meaning of this toothpaste, they should be required to As a result of the Help America Vote pledge, we need to make sure the influ- prove one’s identity, to prove that Act, photo ID is required for those who ence of those who vote legally is not di- someone actually has a right to vote register to vote by mail but who can’t luted by those who do not; those who and a right to influence the laws and produce some other identifying docu- do not abide by the laws are not free to policies of our country. We need to en- ment. What I would like to do is to pro- influence our political process or our sure those who are voting are the same vide a Federal minimum standard that policies with the vote. people on the rolls and that they are is consistent but which allows States As we move forward on this immigra- legally entitled to vote. ID cards would wide flexibility in determining the tion bill, we need to make sure we pro- do that. They would reduce irregular- kind of ID that is required. It doesn’t tect voters, protect the 15th amend- ities dramatically and, in doing so, have to be a driver’s license. It could be ment by strengthening protections they would increase confidence in the a hunting or fishing license. Either against illegal voting. This is the prin- system. way, we would be ensuring for the first cipal concern, but it is also practical. We have all been through elections time the same verification standards The fundamental question we have where groups of voters questioned the from rural Iowa to Dade County, FL. been debating this week is what to do results based on rumors of coercion or This would be one of the surest steps about the fact that 12 million people in fraud. Photo IDs would substantially we could take to protect the franchise this country are here illegally. We limit this kind of voter skepticism and rights of every American citizen in a would have to go back more than two loss of faith in the political process. fast-changing and increasingly mobile decades to find a Presidential election Consistent with the purpose and the society. in this country in which 12 million aim of the 15th amendment, we don’t The promise of America is that every votes would not have tipped the bal- want anyone who has the right to vote law-abiding citizen has an equal stake ance in the other direction. to have any difficulty acquiring an ID. in the political process and should be Only citizens have the right to This amendment addresses this con- treated equally under the law. The choose their elected representatives. cern by establishing a grant program most concrete expression of this right Regardless of what we decide to do for those who cannot afford a photo ID. is the right to vote. It is a right that about these 12 million, those who are People who qualify will be provided one has been at the core of our democracy not here legally and are not citizens for free, no cost. No less an advocate for more than a century, and whenever should not have the ability to upend for poor Americans than Ambassador it has been deprived at the local level, the will of the American people in a Andrew Young has said photo IDs we strengthen it federally. We need to free and fair election. This is not fan- would have the added benefit of helping strengthen it again now as part of our tasy. It was reported last week that those who don’t have drivers licenses effort to reform America’s immigra- hundreds of noncitizens in and around or other forms of official ID to navi- tion laws. Stronger borders would do San Antonio have registered to vote gate an increasingly computerized cul- nothing to prevent noncitizens who are over the past several years. Most are ture. Photo IDs would make it easier already here from abusing the system believed to be here illegally and many to cash checks, rent movies, or gain ac- further through illegitimate voting. To are thought to have cast votes. cess to other forms of commerce that protect franchise rights of all born and We have no reason to believe this are closed to people who don’t have naturalized citizens, we need to harden practice, if true, is not being replicated them. antifraud protections at the polls. For in other cities and towns all across our An overwhelming majority of Ameri- the sake of the citizen who is already country. So the question is: Given the cans support this attempt to ensure here and for those who dream of be- current reality, how do we safeguard the integrity of our elections. An NBC coming citizens in the future, this the integrity of the voting system? If News/Wall Street Journal poll last year amendment is an important step in the these millions were eventually to be- showed 26 percent of respondents right direction. come citizens, how do we propose to strongly favored requiring a universal I yield the floor. make sure their vote counts, that it tamperproof ID at the polls. Nineteen The PRESIDING OFFICER. The Sen- isn’t diluted? percent said they mildly favored the ator from Louisiana. Now the Carter-Baker Commission IDs. You can do the math, Mr. Presi- AMENDMENT NO. 1157 on Federal Election Reform, founded dent. That is 80 percent of the Amer- Mr. VITTER. Mr. President, I ask after the 2004 election and spearheaded ican people think this is a good idea. unanimous consent to set aside the by former President Jimmy Carter and On issues in America, 80/20 is about as pending amendment and call up Vitter former Secretary of State Jim Baker, good as it gets. Twelve percent were amendment No. 1157.

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All the triggers do is The legislative clerk read as follows: the Congress passed at that time or is say: We are going to do what was The Senator from Louisiana [Mr. VITTER], this bill fundamentally different? planned for the next 18 months any- for himself, Mr. DEMINT, Mr. THOMAS, Mr. Again, that is a central question that way, which isn’t all of what we need to BUNNING, Mr. ENZI, and Mr. INHOFE, proposes goes to the heart of the Z visa issue do, which isn’t half of what we need to an amendment numbered 1157. and others. do to secure the border and have real Mr. VITTER. I ask unanimous con- In 1986, Congress took up immigra- workplace enforcement. But then we sent that reading of the amendment be tion reform. They passed a significant are going to trigger the amnesty. We dispensed with. bill, not as wide sweeping as we are are going to trigger the Z visa. That is The PRESIDING OFFICER. Without talking about now but certainly a sig- not enough. We need to beef up those objection, it is so ordered. nificant bill. Arguments were very enforcement provisions. The amendment is as follows: much the same: We are going to beef up The other way to fix going down the (Purpose: To strike title VI (related to Non- enforcement. We are going to get seri- 1986 road again is to get rid of amnesty, immigrants in the United States Pre- ous. We are going to have real enforce- to get rid of the Z visa. That is exactly viously in Unlawful Status) ment at the border. We are going to what this amendment does. Strike title VI. have meaningful enforcement at the Certainly many of my colleagues will Mr. VITTER. Mr. President, this is workplace. In that context, we need protest wildly about calling this am- an important amendment that goes to this amnesty one time, and it will be nesty. If you look at the facts, there is the heart of our debate. This amend- done and the problem will be solved. no other conclusion to reach. If you ment strikes all of the text of title VI, What is the history since then? The look at history, there is no other con- the Z visa amnesty section. It takes all history is clear. A problem that was clusion. of that Z visa out of this massive im- then about 3 million illegal aliens has For those lawyers in the Chamber, migration bill. I thank several Mem- grown at least fourfold—12, 13 million, probably the best known legal ref- bers for joining me in this important or more. So it has mushroomed. The erence book is Black’s Law Dictionary. amendment: Senator DEMINT, Senator problem has gotten a lot worse. Why? Open it. Turn to ‘‘amnesty.’’ It is very THOMAS, Senator BUNNING, Senator Because the amnesty provisions of that straightforward. Amnesty is ‘‘a pardon ENZI, Senator INHOFE, and Senator bill in 1986 absolutely went into force extended by the government to a group COBURN. They are all cosponsors of this and effect. They were absolutely hon- or class of persons.’’ Black’s Law Dic- amendment. I ask all of my colleagues ored. But at the same time, the en- tionary cites as its first example of to join in this fundamental but nec- forcement never happened to an ade- what that means the 1986 Immigration essary correction of the bill. quate extent. Reform and Control Act. It points to Many folks will say: We can’t do this. So what happens with those two dy- that very act and says it ‘‘provided am- This goes to the heart of the bill. It namics? It is simple to see what did nesty for undocumented aliens already goes to the heart of the compromise. happen—inadequate enforcement, real present in the country.’’ That is the ex- Well, indeed, it does. It does that be- amnesty that sent the message loudly ample it cites in the very definition of cause that is where an absolutely fun- and clearly: You will eventually be for- the concept of amnesty. damental flaw with this approach re- given for breaking the law to get into I ask unanimous consent to print sides. The Z visa is amnesty, pure and this country illegally. The problem this definition with the example in the simple. Amnesty is at the heart of this mushroomed. The problem quadrupled RECORD. bill and is a fundamental problem and from more than 3 million illegal aliens There being no objection, the mate- flaw with the bill that we must correct. in the country to 12 or 13 million or rial was ordered to be printed in the Make no mistake about it, the Amer- more today. RECORD, as follows: ican people know this. It is obvious. That is an awfully fundamental ques- [From Black’s Law Dictionary (8th ed. 2004)] Why is it so hard for us to acknowledge tion we need to ask as we look at this amnesty, n. A pardon extended by the gov- the fact, acknowledge the negative legislation. I have asked that question. ernment to a group or class of persons, usu- consequences that flow from it, and My answer is: This is a vastly improved ally for a political offense; the act of a sov- correct it? bill from last year, but this bill still ereign power officially forgiving certain Considering how badly received last has that fundamental flaw. This bill classes of persons who are subject to trial year’s Senate-passed amnesty bill was, still risks—and I believe will inevitably but have not yet been convicted I am shocked we are here again, admit- repeat—the mistake of 1986, only on a The 1986 Immigration Reform and Control tedly with a better bill in some re- far broader, a far bigger, and far more Act provided amnesty for undocumented spects but with a bill with Z visa am- aliens already present in the country. dangerous scale. We cannot afford that. Unlike an ordinary pardon, amnesty is nesty right at the heart of it. The There are colleagues of both parties usually addressed to crimes against state American people don’t want this. They in this Chamber who make the argu- sovereignty—that is, to political offenses don’t want the Z visa, because they ment that we hear about most legisla- with respect to which forgiveness is deemed don’t want to reward law breaking and tion: The status quo is broken. This more expedient for the public welfare than thereby encourage more of the same. bill is not perfect, but this bill will prosecution and punishment. The Z visa amnesty provision abso- move it along. This bill will make it Amnesty is usually general, addressed to lutely rewards those who have broken better. classes or even communities.—Also termed the law and, in doing so, is a slap in the That sort of incrementalist approach general pardon. See PARDON. [Cases: Par- don and Parole 26. C.J.S. Pardon and Parole face to those thousands upon thousands is true in a lot of cases. In this case, I §§ 3, 31.]—amnesty, vb. of folks who are honoring the law, fol- don’t think it is true at all. In this ‘‘Amnesty . . . derives from the Greek lowing the law, standing in line, wait- case, a flawed bill gives us the real amnestia (‘forgetting’), and has come to be ing their turn under the rules. threat, the real danger of making the used to describe measures of a more general I ask my fellow Senators, are we problem a lot worse, not better. That is nature, directed to offenses whose crimi- going to be a nation that values that the history of what happened in 1986. nality is considered better forgotten.’’ Leslie rule of law? These Z visas tell That is what will happen again with in- Sebba, ‘‘Amnesty and Pardon,’’ in 1 Encyclo- lawbreakers the opposite, that it is OK adequate enforcement plus amnesty. pedia of Crime and Justice 59, 59 (Sanford H. Kadish ed., 1983). to break the law. In doing so, most im- How do we correct this? One way is express amnesty. Amnesty granted in di- portantly, most negatively, that has to to beef up enforcement. I support a lot rect terms. Implied amnesty. Amnesty indi- encourage more like behavior in the fu- of different measures to make the en- rectly resulting from a peace treaty exe- ture. Clearly, that sort of amnesty forcement more certain, to nail it down cuted between contending parties. sends the wrong message, a reward for absolutely before we go into any of Mr. VITTER. In that context, one ob- breaking the law. Clearly, that encour- these other areas such as a temporary vious question is: How does that am- ages the same sort of behavior we abso- worker program, certainly Z visas. The nesty provision compare to what is in lutely don’t want in the future. triggers in this bill are much this 2007 bill?

VerDate Aug 31 2005 01:21 May 25, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.066 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6607 I think if you go down the require- We cannot afford to do that. This several years, the United States will ments of the 1986 law and the require- amendment goes to the core of that not only forgive you but reward you ments of this bill before us, you will fundamental problem and corrects it with permanent resident status. Am- see they are disturbingly familiar. by taking out title VI, the Z visa am- nesty encouraged illegal immigration. In 1986, how do you gain temporary nesty provisions. In 1986, 7 million immigrants were residence status? Continuous unlawful Mr. ENZI. Mr. President, I rise in granted amnesty. Today, we are facing residence in the United States since be- strong support of the amendment in- an illegal population of over 12 million. fore January 1, 1982. Fees: a $185 fee for troduced by the Senator from Lou- The 1986 legislation did not stop illegal the principal applicant, $50 fee for each isiana. I am proud to be a cosponsor of immigration. We should not repeat this child, a $420 family cap. You have to this amendment. policy without ensuring that we are meet certain admissibility criteria: 18- I am disappointed in the way the sub- not making the same mistake. month residency period, English lan- stitute amendment to S. 1348 was I continue to closely examine bill guage and civics requirement. Those brought before the Senate. I do not be- language as new developments unfold are the basic requirements under that lieve Senators have had adequate op- and will make decisions keeping in 1986 law. portunity to fully understand all the mind what concerns I have heard from Let’s compare it to what is in this impacts this legislation will have on the people and businesses of Wyoming. bill, which is very similar. The dollar our Nation. Over the next 2 weeks, Sen- We expect to spend the first week of amount fees are higher, more signifi- ators and staff will continue to study June continuing to debate and amend cant, but in terms of the nature of the the language. I hope the Senate leader- the bill. I am concerned about where requirements in this bill, they are dis- ship will ensure that all Members have we will be in 2 weeks on this legisla- turbingly similar: physically present the opportunity to have their amend- tion. This issue is too important to and employed in the United States ments considered by the full Senate. I refuse to consider amendments for since a certain date—January 1, 2007; am pleased an agreement was reached members of either party. $1,000 penalty and a $1,500 processing to vote on the Vitter amendment. Again, I state my strong support for fee; meet admissibility criteria; back- If this was the first time the Senate Senator VITTER’s amendment to re- ground check; English language basic was considering offering amnesty to il- move the amnesty provisions from this requirement, et cetera—the exact same legal aliens, I think this debate would legislation. I hope my colleagues in the type of requirements under the Z visa be under a different tone. When the Senate will join me in taking a strong provisions of this bill, as well as the 1986 legislation was enacted, Members stance against amnesty. 1986 law, which ‘‘Black’s Law Dic- of the House and Senate had the best of With that, I yield back the floor. tionary’’ itself labels amnesty. intentions—to improve our border situ- The PRESIDING OFFICER. The Sen- Mr. President, I ask unanimous con- ation and decrease illegal immigration ator from Delaware. Mr. BIDEN. Mr. President, I ask sent to have printed in the RECORD this by offering permanent status to those simple side-by-side comparison of the in the United States illegally. Those unanimous consent that I be able to 1986 law and this bill presently before good intentions, however, were not proceed as in morning business for 3 the Senate. without fault. We can see that now, 21 minutes. The PRESIDING OFFICER. Without There being no objection, the mate- years later, and we cannot ignore the problems caused by that legislation. objection, it is so ordered. rial was ordered to be printed in the (The remarks of Mr. BIDEN are RECORD, as follows: Our goal here is to make an immigra- printed in today’s RECORD under 1986 IRCA tion system that works—one that meets the economic needs of our Na- ‘‘Morning Business.’’) TEMPORARY RESIDENT STATUS tion and allows for legal immigration Mr. BIDEN. Mr. President, I yield the Continuous unlawful residence in the U.S. and legal workers. We need to make it floor and suggest the absence of a since before January 1, 1982. less complicated to immigrate legally quorum. $185 fee for principal applicant, $50 for each The PRESIDING OFFICER. The rather than illegally. The status quo is child ($420 family cap). clerk will call the roll. just the opposite. It has become so dif- Meet admissibility criteria. The assistant legislative clerk pro- ficult to follow the legal path that Ineligible for most public benefits for five ceeded to call the roll. years after application. many look for the easier route of cross- Mr. FEINGOLD. Madam President, I 18-month residency period. ing our border without paperwork, ask unanimous consent that the order ADJUSTMENT TO PERMANENT RESIDENT without filing fees, and without bu- for the quorum call be rescinded. English language and civics requirement. reaucratic delays. It has become so dif- The PRESIDING OFFICER (Ms. $80 fee per applicant ($240 family cap). ficult for employers to hire legal tem- KLOBUCHAR). Without objection, it is 2007 porary workers that many hire illegal so ordered. Z VISA STATUS immigrants without legal Social Secu- Mr. FEINGOLD. Madam President, I Physically present and employed in U.S. rity numbers, without labor certifi- ask unanimous consent that the pend- since January 1, 2007. cations, and without bureaucratic ing amendment be set aside so I might $1,000 penalty and $1,500 processing fee. delays. Our laws should not be a deter- call up an amendment. Meet admissibility criteria. rent to themselves. The PRESIDING OFFICER. Without Background check. Our immigration system is com- objection, it is so ordered. ADJUSTMENT TO PERMANENT RESIDENT plicated. Our borders remain open. Bor- AMENDMENT NO. 1176 TO AMENDMENT NO. 1150 der security must be the top priority of Meets merit requirements, file application (Purpose: To establish commissions to re- in home country. the debate. We cannot have immigra- view the facts and circumstances sur- $4,000 penalty. tion reform without strengthening the rounding injustices suffered by European Mr. VITTER. So, again, let’s not re- security of our borders. This is why I Americans, European Latin Americans, and peat the horrible mistakes of the past. am pleased that the language the Sen- Jewish refugees during World War II) Let’s not repeat the fundamental mis- ate is considering includes triggers Mr. FEINGOLD. Madam President, I take of 1986 that got us to the situation that must be met before certain provi- call up amendment No. 1176. we are in today, that quadrupled, or sions can be enacted. The PRESIDING OFFICER. The more, the problem then faced in 1986. There are some positive ideas in this clerk will report. Let’s not repeat it in either side of the legislation, but there remain many The assistant legislative clerk read ledger: by having inadequate enforce- problems. The Senate should not pass as follows: ment—and I am afraid the enforcement flawed legislation merely for the sake The Senator from Wisconsin [Mr. FEIN- provisions of this bill, the trigger re- of voting on something. GOLD], for himself, Mr. LIEBERMAN, and Mr. quirements, et cetera, are inadequate— Amnesty is one of the main concerns INOUYE, proposes an amendment numbered and let’s not repeat it on the other side of my constituents in Wyoming. Am- 1176 to amendment No. 1150. of the equation by granting amnesty nesty sends a message to illegal immi- Mr. FEINGOLD. Madam President, I and creating a magnet for more illegal grants that if you break our immigra- ask unanimous consent that reading of activity into this country. tion laws and avoid being detected for the amendment be dispensed with.

VerDate Aug 31 2005 01:21 May 25, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.068 S24MYPT1 bajohnson on PRODPC74 with SENATE S6608 CONGRESSIONAL RECORD — SENATE May 24, 2007 The PRESIDING OFFICER. Without Many Americans are aware that dur- fleeing the persecution of Nazi Ger- objection, it is so ordered. ing World War II, under the authority many. It is a horrible truth that the (The amendment is printed in the of Executive Order 9066 and the Alien United States turned away thousands RECORD of Wednesday, May 23, 2007, Enemies Act, the U.S. Government of Jewish refugees, delivering many to under ‘‘Text of Amendments.’’) forced more than 100,000 ethnic Japa- their deaths at the hands of the Nazi Mr. FEINGOLD. Madam President, nese from their homes and ultimately regime we were fighting. this amendment contains the language into relocation and internment camps. It is so urgent that we pass this legis- of S. 621, the Wartime Treatment Japanese Americans were forced to lation. We cannot wait any longer. The Study Act, a bill I have introduced leave their homes, their livelihoods, injustices to European Americans and with my friend from Iowa, Senator and their communities. They were held Jewish refugees occurred more than 50 GRASSLEY. behind barbed wire and military guard years ago. The people who were af- This amendment would create two by their own Government. fected by these policies are dying. fact-finding commissions: one commis- Through the work of the Commission In fact, one of them died earlier this sion to review the U.S. Government’s on Wartime Relocation and Internment month. Max Ebel was one of the thou- treatment of German Americans, of Civilians created by Congress in 1980, sands of German Americans who were Italian Americans, and European Latin this unfortunate episode in our history interned during World War II in the Americans during World War II, and finally received the official acknowl- United States. He died on May 3, 2007. another commission to review the U.S. edgement and condemnation it de- His death brings me great sadness. Government’s treatment of Jewish ref- served. Max Ebel was only 17 when he came ugees fleeing Nazi persecution during Congress and the U.S. Government to America in 1937. He fled Germany World War II. did the right thing by recognizing and after he was assaulted for refusing to I am very pleased that my distin- apologizing for the mistreatment of join the Hitler Youth. When he came to guished colleagues, Senator LIEBERMAN Japanese Americans during World War the United States, he lived with his fa- and Senator INOUYE, have agreed to co- II. But our work in this area is not ther in Massachusetts. He learned sponsor this amendment. They are also done. That same respect has not been English. He joined the Boy Scouts. He cosponsors of my bill, and I appreciate shown to the many German Americans, completed high school. When the war their continued support for this impor- Italian Americans, and European Latin broke out, he registered for the draft. tant initiative. Americans who were taken from their Nonetheless, in 1942, this new Amer- This amendment would help us to homes, subjected to curfews, limited in ican was arrested by the FBI and in- learn more about how, during World their travel, deprived of their personal terned under the Alien Enemies Act be- War II, recent immigrants and refugees property, and, in the worst cases, cause of his German ancestry. He spent were treated. It is an appropriate and placed in internment camps. the next 18 months in a series of deten- relevant amendment to this immigra- Most Americans are probably un- tion facilities and internment camps tion bill. aware that during World War II, the and ultimately was transferred to a I would have preferred to have moved U.S. Government designated more than camp in Fort Lincoln, ND, where de- this bill on its own. Senator GRASSLEY 600,000 Italian-born and 300,000 German- spite the way he had been treated, he and I have introduced the Wartime born U.S. resident aliens and their fam- found a way to help the war effort. He Treatment Study Act in the last four ilies as ‘‘enemy aliens.’’ Approximately volunteered for a government work de- Congresses, and the Judiciary Com- 11,000 ethnic Germans, 3,200 ethnic tail and spent a North Dakota winter mittee has reported it favorably each Italians, and scores of Bulgarians, Hun- laying new railroad track on the time, including just last month. It has garians, Romanians, or other European Northern Pacific Rail Line. Max Ebel’s been cleared for adoption by unani- Americans living in America were crew boss saw how hard he worked and mous consent by my Democratic col- taken from their homes and placed in petitioned for his release. leagues. But I am forced to offer this as internment camps. Some even re- Finally, in April of 1944, the Govern- an amendment because the Wartime mained interned for up to 3 years after ment let him go home. Despite every- Treatment Study Act has not cleared the war ended. Unknown numbers of thing that had happened, he remained the Republican side in this Congress or German Americans, Italian Americans, loyal to his new country and became a any of the last three Congresses. It is and other European Americans had citizen in 1953. A few years ago he told time for the Senate to pass this bill. their property confiscated or their a journalist: During World War II, the United travel restricted, or lived under cur- I was an American right from the begin- States fought a courageous battle fews. This amendment would not— ning, and I always will be. against the spread of Nazism and fas- would not—grant reparations to vic- Max Ebel’s death is a loss not only to cism. Nazi Germany was engaged in the tims. It would simply create a commis- his family and friends but also to our horrific persecution and genocide of sion to review the facts and cir- country. Jews. By the end of the war, 6 million cumstances of the U.S. Government’s But losing Max Ebel does more than Jews had perished at the hands of Nazi treatment of German Americans, bring me sadness; it also makes me a Germany. Italian Americans, and other European bit angry. It makes me angry because The Allied victory in the Second Americans during World War II. he did not live to see the day that Con- World War was an American triumph, a Now, a second commission created by gress recognized what he went through: triumph for freedom, justice, and this amendment would review the his internment at the hands of his new- human rights. The courage displayed treatment by the U.S. Government of found country. by so many Americans, of all ethnic Jewish refugees who were fleeing Nazi I have been trying for years to pass origins, should be a source of great persecution and genocide and trying to this legislation creating a commission pride for all of us. But we should not come to the United States. German and to study what happened to Max Ebel let that justifiable pride in our Na- Austrian Jews applied for visas, but and to other German Americans and tion’s triumph blind us to the treat- the United States severely limited other European Americans and to Jew- ment of some Americans by their own their entry due to strict immigration ish refugees during World War II. I am Government. policies—policies that many believed gravely disappointed that Max Ebel Sadly, as so many brave Americans were motivated by fear that our en- and many others affected by these poli- fought against enemies in Europe and emies would send spies under the guise cies will not be here to see that legisla- the Pacific, the U.S. Government was of refugees and by the unfortunate tion become law. curtailing the freedom of some of its antiforeigner, anti-Semitic attitudes Americans must learn from these own people here, at home. While it is, that were sadly all too common at that tragedies now, before there is no one of course, the right of every Nation to time. left. We cannot put this off any longer. protect itself during wartime, the U.S. It is time for the country to review These people have suffered long enough Government can and should respect the the facts and determine how our immi- without official, independent study of basic freedoms that so many Ameri- gration policies failed to provide ade- what happened to them and without cans have given their lives to defend. quate safe harbor to Jewish refugees knowing this Nation recognizes their

VerDate Aug 31 2005 01:21 May 25, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.070 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6609 sacrifice and resolves to learn from the By removing Z visas from the bill, il- ment at the desk and I ask for its im- mistakes of the past that caused them legal immigrants will be able to go mediate consideration. so much pain. home and get right with the law. Once The PRESIDING OFFICER. Without As the Milwaukee Journal Sentinel they have returned, they can apply for objection, it is so ordered. editorial board put it, Congress must legal entry, just like everyone else, but The clerk will report. move forward with this legislation: they would not be allowed to violate The assistant legislative clerk read Lest the passage of time deprive more our laws. as follows: Americans of the justice that they deserve. I know many will say this amend- The Senator from Vermont [Mr. SANDERS] Let me again repeat that this amend- ment will be too disruptive to the ille- proposes an amendment numbered 1223 to ment does not call for reparations. All gal workers who would ultimately be amendment number 1150. it does is ensure that the public has a forced to return to their home coun- The amendment is as follows: full accounting of what happened. We tries, but I disagree. Last year, 51 mil- (Purpose: To establish the American should be proud of our victory over Na- lion people traveled to and from the Competitiveness Scholarship Program) zism, as I am. But we should not let United States from abroad, and 13 mil- At the end of title VII, insert the fol- that pride cause us to overlook what lion of these travelers were from Mex- lowing: happened to some Americans and refu- ico alone. People are very mobile, and Subtitle C—American Competitiveness gees during World War II. I urge my moving this number of people around is Scholarship Program colleagues to join me in supporting the relatively easy today. In fact, this bill SEC. 711. AMERICAN COMPETITIVENESS SCHOL- Wartime Treatment Study Act that is ARSHIP PROGRAM. acknowledges this very point by re- (a) ESTABLISHMENT.—The Director of the an amendment to this immigration quiring them to go home to apply for National Science Foundation (referred to in legislation, and I hope the managers of citizenship. this section as the ‘‘Director’’) shall award the bill can accept it. I have also heard some say the oppo- scholarships to eligible individuals to enable I yield the floor, and I suggest the ab- sition to amnesty is being driven by an such individuals to pursue associate, under- sence of a quorum. anti-immigrant bias. This is also un- graduate, or graduate level degrees in math- The PRESIDING OFFICER. The true. Americans are extremely pro-im- ematics, engineering, health care, or com- clerk will call the roll. puter science. migrant, but they are upset that their (b) ELIGIBILITY.— The assistant legislative clerk pro- Government has lied to them for 20 ceeded to call the roll. (1) IN GENERAL.—To be eligible to receive a years on this issue, and they have lost Mr. KENNEDY. Madam President, I scholarship under this section, an individual confidence in our ability to control our shall— ask unanimous consent that the order (A) be a citizen of the United States, a na- for the quorum call be rescinded. borders. Let me be clear: I am pro-immigrant. tional of the United States (as defined in sec- The PRESIDING OFFICER. Without tion 101(a) of the Immigration and Nation- objection, it is so ordered. I believe in legal immigration. I want people to come here, respect our laws, ality Act (8 U.S.C. 1101(a)), an alien admitted Mr. KENNEDY. Madam President, we as a refugee under section 207 of such Act (8 are in the process where we will begin embrace our values, and become Amer- U.S.C. 1157), or an alien lawfully admitted to to make comment on the amendment ican citizens, but we must reject am- the United States for permanent residence; of the Senator from Louisiana. We will nesty if we ever expect that to happen. (B) prepare and submit to the Director an address that very shortly. I am finding That is why eliminating the amnesty application at such time, in such manner, that the amendment of the Senator provision in this bill is the most com- and containing such information as the Di- from Wisconsin is enormously compel- passionate and pro-immigrant thing we rector may require; and can do. (C) certify to the Director that the indi- ling. I would have thought it would be vidual intends to use amounts received under generally accepted. We are in the proc- By striking the Z visas from this bill, this amendment will allow us to uphold the scholarship to enroll or continue enroll- ess of trying to get a review of that ment at an institution of higher education amendment. the rule of law, create fairness for mil- (as defined in section 101(a) of the Higher But for the notice of our colleagues, lions of people who want to come here Education Act of 1965 (20 U.S.C. 1001(a)) in we expect that we will probably have legally, and allow us to focus on secur- order to pursue an associate, undergraduate, two votes, if we are unable to get clear- ing our borders. or graduate level degree in mathematics, en- ance, and we will probably have that I yield the floor and suggest the ab- gineering, computer science, nursing, medi- somewhere in the relationship of prob- sence of a quorum. cine, or other clinical medical program, or The PRESIDING OFFICER. The technology, or science program designated ably about—hopefully about 4 o’clock. by the Director. I haven’t had the chance to clear this clerk will call the roll. The assistant legislative clerk pro- (2) ABILITY.—Awards of scholarships under time with Senator VITTER, but that is this section shall be made by the Director generally sort of the plan we are look- ceeded to call the roll. solely on the basis of the ability of the appli- ing at, at the present time. I am not Mr. KENNEDY. Madam President, I cant, except that in any case in which 2 or asking unanimous consent on that, but ask unanimous consent that the order more applicants for scholarships are deemed that is just in terms of information for for the quorum call be rescinded. by the Director to be possessed of substan- The PRESIDING OFFICER. Without tially equal ability, and there are not suffi- our colleagues. cient scholarships available to grant one to I suggest the absence of a quorum. objection, it is so ordered. Mr. KENNEDY. Madam President, we each of such applicants, the available schol- The PRESIDING OFFICER. The arship or scholarships shall be awarded to clerk will call the roll. are working with our colleagues and trying to go back and forth, trying to the applicants in a manner that will tend to The assistant legislative clerk pro- result in a geographically wide distribution ceeded to call the roll. be bipartisan. We have gone to Senator throughout the United States of recipients’ Mr. DEMINT. Madam President, I ask VITTER, to FEINGOLD, to HUTCHISON, places of permanent residence. unanimous consent that the order for and then to SANDERS. We expect votes (c) AMOUNT OF SCHOLARSHIP; RENEWAL.— the quorum call be rescinded. and reasonably short debate. We are (1) AMOUNT OF SCHOLARSHIP.—The amount The PRESIDING OFFICER. Without trying to get votes on all of those be- of a scholarship awarded under this section objection, it is so ordered. fore the debate starts on the supple- shall be $15,000 per year, except that no scholarship shall be greater than the annual AMENDMENT NO. 1157 TO AMENDMENT NO. 1150 mental. I thank the Senator from Vermont for his patience. cost of tuition and fees at the institution of Mr. DEMINT. Madam President, I higher education in which the scholarship re- rise to speak in favor of the Vitter Mrs. HUTCHISON. Madam President, cipient is enrolled or will enroll. amendment No. 1157, which strikes I would appreciate the Senator from (2) RENEWAL.—The Director may renew a title VI of the bill, the title that au- Vermont going first, after which I will scholarship under this section for an eligible thorizes Z visas for illegal immigrants. offer mine. individual for not more than 4 years. Z visas are amnesty, pure and simple. The PRESIDING OFFICER. The Sen- (d) FUNDING.—The Director shall carry out They allow illegal immigrants to stay ator from Vermont is recognized. this section only with funds made available under section 286(x) of the Immigration and here permanently without ever return- AMENDMENT NO. 1223 TO AMENDMENT NO. 1150 Nationality Act (as added by section 712) (8 ing home to their countries. This is the Mr. SANDERS. Madam President, I U.S.C. 1356). provision that has so many Americans ask unanimous consent to set aside the (e) FEDERAL REGISTER.—Not later than 60 upset. pending amendment. I have an amend- days after the date of enactment of this Act,

VerDate Aug 31 2005 01:21 May 25, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.071 S24MYPT1 bajohnson on PRODPC74 with SENATE S6610 CONGRESSIONAL RECORD — SENATE May 24, 2007 the Director shall publish in the Federal ber of available H–1B visas without address- I think this bill, and what this bill pro- Register a list of eligible programs of study ing the myriad well-documented problems poses to do, is part of the problem. for a scholarship under this section. associated with the H–1B program, or consid- During the debate over NAFTA and SEC. 712. SUPPLEMENTAL H-1B NONIMMIGRANT ering long-term solutions involving access to permanent normal trade relations with PETITIONER ACCOUNT. training and educational opportunities for China, we were told by President Clin- Section 286 of the Immigration and Nation- domestic workers. ton and many others that, well, yes, ality Act (8 U.S.C. 1356) (as amended by this That is William Samuel, director of Act) is further amended by inserting after globalization and unfettered free trade, subsection (w) the following: the Department of Legislation for the such as our trade relations with China, ‘‘(x) SUPPLEMENTAL H–1B NONIMMIGRANT AFL–CIO. yes, they will cost us blue-collar fac- PETITIONER ACCOUNT.— The amendment I am offering today tory jobs, and the result is that be- ‘‘(1) IN GENERAL.—There is established in also has the support of the Teamsters, cause of our trade agreements, we have the general fund of the Treasury a separate the Programmers Guild, and the Inter- lost millions of good-paying blue-collar account, which shall be known as the ‘Sup- national Federation of Professional factory jobs and, in fact, today there plemental H–1B Nonimmigrant Petitioner and Technical Engineers. Account’. Notwithstanding any other section are fewer people working in manufac- of this Act, there shall be deposited as offset- The Comprehensive Immigration Re- turing than since President Kennedy ting receipts into the account all fees col- form Act is a long and complicated was in office in the early 1960s. lected under section 214(c)(15). bill. It touches on a number of very im- Yes, we have lost millions of good- ‘‘(2) USE OF FEES FOR AMERICAN COMPETI- portant issues, and some of those paying manufacturing jobs, but what TIVENESS SCHOLARSHIP PROGRAM.—The issues I strongly agree with, no ques- people told us is: Look, don’t worry amounts deposited into the Supplemental H- tion. The time is long overdue that we about that. Yes, we are going to lose 1B Nonimmigrant Petitioner Account shall control our borders. No question, the blue-collar manufacturing jobs, but not remain available to the Director of the Na- time is long overdue that we begin to tional Science Foundation until expended for to worry because your kids are going scholarships described in section 711 of the hold employers—those people who are to become very sophisticated in terms Secure Borders, Economic Opportunity and hiring illegal immigrants—account- of using computers, and the future for Immigration Reform Act of 2007 for students able. Those items are long overdue, and them is white-collar information tech- enrolled in a program of study leading to a we have to deal with them. This legis- nology jobs. We don’t need those fac- degree in mathematics, engineering, health lation does that. I support that. tory jobs anymore; we have white-col- care, or computer science.’’. In my view, this bill is also respon- lar information technology jobs, and SEC. 713. SUPPLEMENTAL FEES. sible in how it deals with the very con- those are the kinds of jobs which are Section 214(c) of the Immigration and Na- tentious and difficult issue of how we going to be growing. Unfortunately, tionality Act (8 U.S.C. 1184(c)) is amended by that has not quite occurred. From Jan- adding at the end the following: respond to the reality that there are ‘‘(15)(A) In each instance where the Attor- some 12 million illegal immigrants in uary 2001 to January 2006, we lost over ney General, the Secretary of Homeland Se- this country today. This bill carves out 600,000 information technology jobs. curity, or the Secretary of State is required a path which eventually leads to citi- Alan Blinder, the former Vice Chair to impose a fee pursuant to paragraph (9) or zenship, and that is something I also of the Federal Reserve, has told us that (11), the Attorney General, the Secretary of support. between 30 and 40 million jobs in this Homeland Security, or the Secretary of But—and here is the but: There are a country are in danger of being shipped State, as appropriate, shall impose a supple- number of provisions in this bill I do overseas. In other words, what we are mental fee on the employer in addition to not support, that I think are going to looking at right now is not just the any other fee required by such paragraph or loss of blue-collar manufacturing jobs, any other provision of law, in the amount de- be very harmful to the middle-class termined under subparagraph (B). and working families of this country. but we are looking at the loss of sig- ‘‘(B) The amount of the supplemental fee The amendment I am offering right nificant numbers of white-color infor- shall be $8,500, except that the fee shall be 1⁄2 now concentrates on only one aspect of mation technology jobs. I know that in that amount for any employer with not more this very long bill and of that problem. my State—and I expect in Senator than 25 full-time equivalent employees who That point centers on the state of the KENNEDY’s State and all over this are employed in the United States (deter- economy for working people in our country—we have seen white-collar in- mined by including any affiliate or sub- formation technology jobs heading off sidiary of such employer). country and the negative impact this legislation will have for millions of to India and other countries. There is ‘‘(C) Fees collected under this paragraph nothing more painful than to see peo- shall be deposited in the Treasury in accord- workers—low-income workers and pro- ance with section 286(x).’’. fessional workers as well. ple in my State—I have gone through this experience—having to train people Mr. SANDERS. Madam President, I The fact is there is a war going on in to do their jobs as those people return will begin by quoting from an article America today. I am not talking about the war in Iraq and I am not talking to India. today in Congress Daily by Bruce Some of the leading CEOs and infor- Stokes. He sets up in one paragraph about the war in Afghanistan; I am talking about the war against the mation technology companies have pretty much what we are going to talk told us point blank—this is not a se- about in this amendment: American middle class, the American standard of living and, indeed, the cret—that the new location for high- The immigration deal under consideration tech jobs is going to be India and in the Senate raises the number of H–1B American dream itself. China; it is not going to be the United visas, a long-sought boon for the high-tech The American people understand industry that will provide Silicon Valley very well that since George W. Bush States of America. John Chambers, the CEO of Cisco, firms with skilled workers at rock-bottom has become President, an additional 5.4 has said: salaries, who will bolster company profits. million Americans have slipped into China will become the IT center of the This amendment I am offering now is poverty out of the middle class—5.4 supported by the AFL–CIO. I will read world, and we can have a healthy discussion million people who are poor. Nearly 7 about whether that’s in 2020 or 2040. What the few paragraphs of the letter they million Americans have lost their we’re [in Cisco] trying to do is outline an en- sent today: health insurance. Income for the aver- tire strategy of becoming a Chinese com- Dear Senator SANDERS: age American family has fallen by over pany. On behalf of the AFL–CIO, I am writing to $1,200 since President Bush has been offer strong support for your amendment to The founder of Intel predicted in the the Secure Borders, Economic Opportunity President, and some 3 million Ameri- Wall Street Journal that the bulk of and Immigration Reform Act. cans have lost their pensions. our information technology jobs will Your amendment would provide scholar- All over this country, from Vermont go to China and India over the next ships in math, science, engineering, and to California, people get up in the decade. That is the reality. That is nursing for our domestic workforce by in- morning and they are working incred- what the heads of the information creasing fees on H–1B employers. ibly long hours. People need two in- technology industry are telling us. The last paragraph, signed by William comes in a family to try to make ends Over the last few days, a number of Samuel, director of the Department of Legis- lation for the AFL–CIO, writes this: meet. Yet, at the end of the day, they us have expressed the concern about It is completely irresponsible for Congress are falling further and further behind. the impact of bringing low-wage work- to increase yet again the total annual num- There are a lot of reasons for that, but ers into this country and what that

VerDate Aug 31 2005 01:38 May 25, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.018 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6611 would mean to Americans at the lower elementary or secondary school. Does the median for U.S. computing professionals, end of the economic ladder. Today, I anyone really believe that we cannot, according to the annual report of U.S. Citi- wish to address a concern I have about with proper salary inducements, bring zenship and Immigration Services. what language in this bill could do to people into secondary and primary edu- These findings are extremely trou- the middle class and, indeed, the upper cation? bling given the promises made to the middle class, people who hold profes- Given that we all know there are American people that the future for sional jobs and who often earn a very many Americans who have college de- our economy was with high-skilled, good income. grees and advanced degrees in these high-paying, high-tech jobs. What we The bill we are discussing today sub- fields who cannot find work, why is it have found is that in the last 4 years, stantially increases the number of that we need to bring in more and more wages for college graduates are going well-educated professionals coming professional workers from abroad? For down, and we are finding that people into the United States from overseas. those who believe that the law of sup- from abroad are coming in and doing This bill, in fact, would allow 115,000 ply and demand applies to labor costs, jobs American professionals can do and new professionals to come into this the evidence shows there is no shortage they are doing them for lower wages. country each year, and that number of college-educated workers in Amer- To bolster their argument for in- could go up to 180,000. ica. What we learn in economics 101 is creased H–1B visas, proponents point to This program which allows well-edu- if you cannot attract people for certain a study by the Bureau of Labor Statis- cated professionals to come into our jobs, you pay them higher wages and tics about the jobs of the future. That country is called the H–1B program. It you give them better benefits. Unfortu- is what it is entitled, ‘‘Jobs of the Fu- is currently capped at 65,000 visas a nately, in America today, from 2000 to ture.’’ According to the Bureau of year. Under the language in this bill, 2004, we have seen the wages of college Labor Statistics, over the next decade, the number would increase at least by graduates decline by 5 percent. So on 2 million jobs will be created in mathe- 50,000 and by as much as 115,000. one hand, corporate America says: Oh, matics, engineering, computer science, The argument that corporate Amer- my goodness, we can’t find people as and physical science. That equates to ica is using in supporting this increase professionals to fill these jobs, but about 200,000 jobs a year times 10—2 is that there are just not enough highly amazingly enough, wages have gone million jobs. Under this legislation, the educated, highly skilled Americans to down for college graduates from 2000 to number of H–1B visas would increase to fill available job openings in the high- 2004 by 5 percent. Maybe somebody is as many as 180,000 a year. That means tech industry and in various science not trying hard enough to find Amer- virtually every job—about 90 percent— that will be created in the high-tech fields. Proponents of the H–1B visa pro- ican workers to fill these jobs. gram also say it allows us to bring in In truth, what many of us have come sector over the next 10 years could con- the ‘‘best and the brightest’’ from to understand is that these H–1B visas ceivably be taken by a H–1B visa hold- around the world to help America’s are not being used to supplement the er. What sense does that make? What competitiveness position. That sounds American workforce where we have are we telling our young people? We good on its face, and it may also have shortages but, rather, H–1B visas are are saying: Go to college, get the best the benefit of being true in some cases, being used to replace American work- education you can, and we have all but there are those in this Chamber ers with lower cost foreign workers. kinds of jobs available to you, except and across the country who are very There are studies which conclude those jobs in a significant way are concerned that in many instances the that H–1B workers earn less than what going to be taken by people from an- H–1B program is being used not to sup- U.S. workers make in similar jobs at other country. We would hope that companies in the plement American high-tech workers similar locations. According to the United States would have just enough when they might be needed but instead Center for Immigration Studies, wages for H–1B workers average $12,000 a year patriotism, maybe just a little bit of is being used to replace them with for- patriotism so they would work to hire eign workers who are willing to work below the median wage for U.S. work- ers in computer fields. Another study qualified American workers. But if you for substantially lower wages. look at the statements and conduct of First, we should be clear that H–1B by Programmers Guild found that for- some of these companies, you realize visas are not being used only in the eign tech workers who came to the that patriotism, love of country is be- high-tech and highly specialized tech- United States with H–1B visas are paid coming a dated concept for those who nology and science fields. That is the about $25,000 a year less than American are pushing extreme globalization. argument often made, but it is really workers with the same skill. According to the GAO: Let me take one case study, and that not true. The reality is that a whole is Microsoft. In 2003, Microsoft’s vice host of jobs in various categories are Some employers said that they hired H–1B workers in part because these workers would president for Windows engineering was going to H–1B visa holders. quoted in Business Week as saying: Let’s take a look at some of the jobs often accept lower salaries than similarly qualified U.S. workers. It is definitely a cultural change to use for- that corporate America is telling us eign workers. But if I can save a dollar, hal- that there are just not enough Ameri- What is very important to mention here is that some in corporate America lelujah. cans who are smart enough, who are The CEO of Microsoft, Steven An- educated enough to perform. Here they are giving the impression that most of the jobs within the H–1B program are thony Ballmer, has said, and this is an are: information technology computer interesting quote, very relevant to to- professionals—I guess we can’t do that for highly specialized technical work which just can’t be found in the United day’s discussion: kind of work; university professors— Lower the pay of U.S. professionals to oh, my word, I guess we just don’t have States. The truth is that most of the H–1B visas go to people who do not $50,000, and it won’t make sense for employ- enough people to be university profes- ers to put up with the hassle of doing busi- sors; engineers, health care workers, have a Ph.D., who do not have a mas- ness in developing countries. ter’s degree, but only have a bachelor’s accountants, financial analysts, man- In other words, if we lower wages for degree, a plain old college degree. agement consultants, lawyers—law- professionals in this country, maybe In today’s Congress Daily, there is a yers, I love that one. Is there anyone in our companies won’t outsource and go very insightful article on H–1B visas America who doesn’t think we have too to India or China. many lawyers? I guess we need to bring which is relevant to this debate: The economic benefit of H–1B visas, some lawyers in as well. Architects, As Ron Hira, a professor at Rochester In- though, is not limited to American stitute of Technology, points out . . . the nurses, physicians, surgeons, dentists, Labor Department acknowledges that ‘‘H–1B companies. The truth is, as my col- scientists, journalists and editors, for- workers may be hired even when a qualified leagues, Senator DURBIN and Senator eign law advisers, psychologists, mar- U.S. worker wants the job, and a U.S. worker GRASSLEY, have pointed out, the top ket research analysts, fashion models— can be displaced from the job in favor of a companies applying for H–1B visas are Madam President, fashion models— foreign worker.’’ actually outsourcing firms from India, teachers in elementary or secondary The article goes on to state: known in the industry as ‘‘body shops.’’ schools. In America, we do not have The median wage for new H–1B computing According to a February 7, 2007, article enough people to become teachers in professionals was $50,000 in 2005, far below in BusinessWeek:

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In that In fact, 30 percent of the H–1B visas Science Foundation that would provide article, BusinessWeek reported that: approved last year went to nine Indian merit-based scholarships of up to To win favor in China, Microsoft has outsourcing firms. In other words, the $15,000 a year, and which are renewable pledged to spend more than $750 million on very same companies that are involved for up to 4 years, to students pursuing cooperative research, technology for schools, in the H–1B program of supplying degrees in math, science, engineering, and other investments. American companies with cheap for- medicine, nursing, other health care If Microsoft and other corporations eign labor are exactly the same cor- fields, and other extremely important have billions of dollars to invest in porations that are involved in fields vital to the competitiveness of technology for schools, research, and outsourcing, providing cheap labor to this Nation. These new scholarships other needs in China and other coun- these very same companies when they would create the incentive for the best tries, these same companies should move to India. Two sides of the same and the brightest of American students have enough money to provide scholar- coin. to enter these fields where there is re- ships for middle-class kids in the In my view, the H–1B system is work- putedly a shortage. United States of America. ing against the best interests of the In other words, we have the absurd Another major supporter of the H–1B American middle class. It is displacing situation today where we are bringing program is IBM. Last year, IBM made skilled American workers, it is low- people from all over the world into this $9.5 billion in profits. Meanwhile, IBM ering our wages, and it is part of the country to do this job, yet we have has announced it will be investing $6 process by which the middle class of large numbers of middle-class, work- billion in India by 2009 and—get this— this country continues to shrink. ing-class families who can’t afford to IBM has also signed deals to train Meanwhile, it is creating huge profits send their kids to college or to grad- 100,000 software specialists. Where? In for foreign companies that traffic in H– uate school. Well, maybe we ought to Massachusetts? In Vermont? In Cali- 1B visas. pay attention to American workers and fornia? No, in China, according to an I do wish to commend Senators DUR- American families first. August 4, 2003, article in BusinessWeek. BIN and GRASSLEY for their work to re- How will this program be paid for? Other major supporters of increasing form the H–1B program and their ef- Under current law, companies applying H–1B workers include Intel, which forts to include in the substitute some for H–1B visas pay a $1,500 fee. That fee made $5 billion in profits last year; provisions that strengthen protection is split up in a number of ways, with Bank of America, Caterpillar, General for American workers. But as impor- some of it going to scholarships and re- Electric, Boeing, and Lehman Broth- tant as these strengthened protections training programs. Unfortunately, it is ers. All of these companies, making are, the H–1B program, which will be too small to effectively create a schol- billions and billions of dollars in profit, increased from 65,000 slots to 115,000 arship program of the scale needed to can’t afford to pay American workers slots, and potentially even 180,000 slots, address the claimed shortage in math, the wages they need. Well, if they can’t continues to pose a threat to American science, and technology specialists. do that, at least let them contribute to jobs and American wages. This amendment imposes an $8,500 sur- an important scholarship program. The question is: Where do we go from charge on those companies seeking H– Let me conclude by saying a vote for here? What is our response to this 1B visas. This fee would only apply to this amendment is a vote for pre- problem? I could certainly offer an those who are required to pay the cur- serving American competitiveness in amendment to remove the increase in rent $1,500 fee. Therefore, universities the 21st century, it is a vote for giving H–1B visas or even to restrict them and schools would be exempt, as they our children a brighter future, and it is below the current 65,000 level. But that are under current law. Companies with a vote—unfortunately all too rare—to amendment would be defeated. So less than 25 employees would pay only help middle-income families in this where do we go? What is the sensible half the fee. country who are struggling so hard to thing to do? How do we bring people to- I am sure corporate America will tell make sure their kids can have the edu- gether around this issue? us this $8,500 fee is too expensive; that cation they need. I think the author of the Congress they can’t afford it. After all, many of Madam President, I am not quite Daily article I referred to earlier said these people are the same exact people sure of the proper legislative approach, it quite well when he wrote: who opposed raising the minimum but on this amendment, I will be call- More importantly for the American tax- wage above $5.15 an hour. However, this ing for the yeas and nays. payer, the current allocation system for H– fee represents a very small amount The PRESIDING OFFICER. The Sen- 1B visas conveys a valuable resource—access compared to the incredible economic ator from Massachusetts. to talented workers who add value to a com- benefits that companies realize from Mr. KENNEDY. We had intended, pany’s bottom line—at almost no cost. This bringing in foreign H–1B visa workers. Madam President, to vote on the is a subsidy in violation of market principles H–1B visas are valid for 3 years. So amendment. We are working out the for firms that are too quick to appeal to the $8,500 surcharge on an annual basis sequence at the present time. market forces when they are fighting Wash- is only $2,800. Compared to the median ington over export controls or other issues. I suggest the absence of a quorum. $50,000 wage of a new H–1B computing The PRESIDING OFFICER. The The amendment I am offering has professional, it is only about 5.5 per- clerk will call the roll. two goals. First, raising the H–1B visa cent of that wage. For this small fee, The legislative clerk proceeded to fee from $1,500 to $10,000 will go a long what would be the benefit to American call the roll. way in telling corporate America they students and our families? If there are Mr. CORNYN. Madam President, I are not going to be able to save money 115,000 H–1B visas issued for which fees ask unanimous consent the order for by bringing foreign professionals into are paid, we could provide over 65,000 the quorum call be rescinded. this country, and they may want to scholarships each year to our stu- The PRESIDING OFFICER. Without look at the United States of America dents—65,000. If the number of H–1B objection, it is so ordered. to find the workers that they need. If visas goes to 180,000, we could provide AMENDMENT NO. 1184, AS MODIFIED they have to pay $10,000, that will cut scholarships to over 100,000 American Mr. CORNYN. Madam President, by back on their margin. students. way of housekeeping, I wish to submit Secondly, to the degree it is true If the Members of this body believe a modification of my amendment that that the United States does not have a we need H–1B visas to compensate for a is pending, amendment No. 1184. significant number of skilled workers shortage of skilled American profes- The PRESIDING OFFICER. Is there in certain categories—and in certain sionals, this amendment will attract an objection to the modification? categories that may well be true—this tens of thousands of America’s best and Mr. DURBIN. Reserving the right to new revenue will be dedicated toward brightest to those fields. object——

VerDate Aug 31 2005 03:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.084 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6613 Mr. CORNYN. If I may explain to my want to make some brief comments at type of lawbreaker. I do not believe we colleagues, there is a problem with the an appropriate time, when the Senator should reward those by conferring upon pagination in the original draft of the finishes, on the Vitter amendment. them a Z visa, outlined in the under- bill. I noticed the original amendment Then, hopefully, we will have an oppor- lying bill. appears to be off. This is to reconcile tunity to vote on these amendments. The Senator from New Jersey, Sen- the problem with the handwritten note Then those who are dealing with the ator MENENDEZ, argued my amendment on page 224, which was added on the supplemental will have a chance to ad- would amount to an unconstitutional floor. dress the Senate. ex post facto rule because of its retro- Mr. DURBIN. Would my colleague I thank the Senator. We look forward active application. This is a misreading from Texas yield for a moment? to his comments. of the bill. In order for any immigra- Mr. CORNYN. Surely. Mrs. HUTCHISON. Madam President, tion provisions to have immediate ef- Mr. DURBIN. If he would be kind could I also have 5 minutes following fect, it is imperative that they apply to enough to share with us a copy of the Senator CORNYN? conduct and convictions that actually modification, if it is routine, there will The PRESIDING OFFICER. Is there occurred before enactment. If prior be no problem. I object at this moment objection? conduct and convictions were not cov- until he does. I will be glad to work Without objection, it is so ordered; 5 ered, you would have an immigration with him and the chairman once we minutes following the junior Senator regime that essentially welcomes the have seen a copy. from Texas. following people—this is not how the Mr. CORNYN. Absolutely. I am glad The Senator from Texas is recog- U.S. immigration should operate. Con- to do that and withhold until that nized. sider an immigration regime where a time. I do have some other comments I Mr. CORNYN. Madam President, I known criminal gang member could wish to make. understand now, talking to the major- not be removed unless the Department Mrs. HUTCHISON. Madam President, ity whip, there is no objection to the of Homeland Security can show he was could I ask my colleague, and also the modification of my amendment, No. a member after the statute was en- Senator from Massachusetts, when the 1184. acted, even if the DHS had videotaped Senator from Texas is finished with his As I was explaining, we checked with evidence, or even a confession from remarks, I wish to be recognized for 5 the legislative counsel last night and last month, showing the alien involved minutes—just to speak, not to offer my this morning we were told the problem in gang activities. Surely that could amendments, but I wanted to speak on was with the handwritten page, No. 224, not be construed as unconstitutionally the bill. I ask unanimous consent to do that was added on the floor. So it is a retroactive or ex post facto. that, after he speaks. Then we will talk matter of pagination. I appreciate the Another example would be an undis- about my amendments. accommodation of my colleagues to puted terrorist fundraiser who would The PRESIDING OFFICER. Is there allow that modification to go forward. not, unless we agree to this amend- objection? Also, legislative counsel corrected a ment, be barred from naturalization on Without objection, it is so ordered. technical error in the text which this terrorism grounds. Not only would the Mr. KENNEDY. Will the Senator modification corrects. citizenship application of someone who yield for a minute, for a point of infor- I have two things I want to speak on, has been engaged in terrorist activity mation? briefly. First, on my original amend- not be barred for that reason, unless Mr. CORNYN. Certainly. I yield with- ment, No. 1184, as you recall, this is the terrorist activity occurred after out losing my right to the floor. composed of two parts. The first part is the date of enactment, but this effec- Mr. KENNEDY. I will make a unani- what I would assume to be technical tive date could also be used to call into mous consent request in a few mo- errors in the underlying bill. In the question the use by the Department of ments to vote at 5 o’clock on the haste of writing the bill, I think there Homeland Security of existing discre- Vitter amendment, and then the were some errors made that we pointed tionary authority to determine a ter- amendment of Senator SANDERS. Then, out in the amendment, errors that need rorist did not possess good moral char- at that time, we have been told, those to be corrected. I do not expect there acter. To create a regime that turns a who want to address the supplemental will be a lot of controversy about that. blind eye to these known facts would will begin that debate—a discussion on What is more controversial, what I be foolish and would not be in our the Senate floor. want to address, is the second part. country’s national interest. I thank the Senator from Texas. She That has to do with excluding from the To avoid such perverse and unin- has an amendment on Social Security. benefits under this bill individuals who tended consequences, Congress has on She has been kind enough, as always, have already come into our country in many occasions enacted grounds of de- to cooperate with us, and indicated a violation of our immigration laws, who portability and inadmissibility that willingness to work out an appropriate have been detained, who have had due are based on past conduct and criminal time. It is a substantive amendment. process, a trial, who have had their day convictions. For example, section 5502 We will look forward to considering it. in court and then, once they were or- of the Intelligence Reform and Ter- I want to give her every assurance we dered deported, rather than agree to rorism Prevention Act made aliens who will consider this and will deal with it. show up and be deported, they simply committed acts of torture or extra ju- If not today, we will do the best we can went on the lam and went underground dicial killings abroad a ground of inad- to deal with it on the Tuesday we get and melted into the great American missibility and a ground of deport- back. There are members on the Fi- landscape. A second category is people ability. That provision applies to of- nance Committee, since it is dealing who have had their day in court, who fenses committed before, on, or after with Social Security, who wanted to at have been deported but then who have the date of enactment. least have an impact. This in no way reentered illegally. Under section 234 of The Holtzman amendment, enacted will delay the consideration of this the Immigration and Naturalization in 1978, rendered Nazi criminals exclud- amendment. We want to give her those Act, both of those actions would con- able and deportable. It applied to indi- assurances. stitute felonies. I think it would be a viduals who ordered, advocated, as- I know the Senator from Alabama, grave error for this bill to reward indi- sisted, or otherwise participated in per- Senator SESSIONS, is on his way over. viduals who have committed that sort secution on behalf of Nazi Germany or He wants to be able to enter an amend- of open defiance of our laws. For, what- its allies at least 33 years earlier, be- ment as well. We certainly will look ever you can say about other people tween the years of 1933 and 1945. forward to that. We had hoped we who have entered the country in viola- It is clear from past experience, as might have been able to get an earlier tion of our immigration laws, certainly well as common sense, that the only consideration. He has been over in the those who have had a day in court, who actions we would be taking in this leg- Armed Services Committee. have been ordered by court to exit the islation would be to say to those who Members have been extremely coop- country but who have gone on the lam, have had their day in court, who lit- erative, incredibly helpful. We have or those who have reentered after they erally thumb their nose at our legal made good progress here today. We were deported, represent a different system and at our court system, you

VerDate Aug 31 2005 01:38 May 25, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.086 S24MYPT1 bajohnson on PRODPC74 with SENATE S6614 CONGRESSIONAL RECORD — SENATE May 24, 2007 will not be rewarded with the benefits perwork on, for example, June 1, 2005, to whether the conviction is classified as a under this act; that you will be ex- is not considered to be ‘‘in line’’ under misdemeanor or felony under State law, cluded. You have had your chance, you the terms of the bill, while someone for which the term of imprisonment is at have blown it, you have defied the who decided not to respect the laws least one year;’’. (b) EFFECTIVE DATE.—The amendments American legal system and, in fact, and entered illegally on the very same made by this section shall— this is not the kind of acts from some- date can obtain Z status and ulti- (1) take effect on the date of the enactment body we would expect to be a law-abid- mately obtain citizenship. of this Act; and ing citizen in the future. Family groups such as Interfaith Im- (2) apply to any act that occurred before, I also want to speak briefly on an migration Coalition, Jewish Council on, or after such date of enactment. amendment Senator MENENDEZ has of- for Public Affairs, the U.S. Conference In title II, insert after section 203 the fol- lowing: fered. Ironically, I find myself in oppo- of Bishops, and MALDEF, have written SEC. 204. TERRORIST BAR TO GOOD MORAL sition to him on amendment No. 1184, to my office to explain that those peo- CHARACTER. the amendment I have offered, but I ple who played by the rules and applied (a) DEFINITION OF GOOD MORAL CHAR- find there is a lot to like in his amend- after May 1, 2005 will not be cleared as ACTER.—Section 101(f) (8 U.S.C. 1101(f)) is ment. I want to explain why. This is part of the family backlog pursuant to amended by inserting after paragraph (1) the what I would call the line-jumping the terms of this bill and will lose their following: amendment Senator MENENDEZ has of- chance to immigrate under the current ‘‘(2) one who the Secretary of Homeland fered. I have heard the proponents ex- rules and be placed in line behind the Z Security or the Attorney General deter- mines, in the unreviewable discretion of the plain that the underlying bill is not an visa applicants. Some of these family Secretary or the Attorney General, to have amnesty because it does not allow any- groups reported that more than 800,000 been at any time an alien described in sec- one to jump in line. This is a fun- people who will have patiently waited tion 212(a)(3) or 237(a)(4), which determina- damentally important concept. It is a in line will, in essence, be kicked out of tion— matter of fundamental fairness and the line. ‘‘(A) may be based upon any relevant infor- crucial to the integrity, not only of our I ask unanimous consent that the mation or evidence, including classified, sen- immigration system, but to our entire letters I just referred to from these or- sitive, or national security information; and legal system. It would be extremely un- ganizations, the Conference of Catholic ‘‘(B) shall be binding upon any court re- gardless of the applicable standard of re- fair to allow someone who has not re- Bishops, Interfaith Immigration Coali- view;’’. spected our laws to be able to obtain a tion, Jewish Council for Public Affairs, (b) EFFECTIVE DATE.—The amendment green card as a legal permanent resi- and MALDEF, be printed in the made by this section shall take effect on the dent before someone who has respected RECORD following my remarks. date of the enactment of this Act and shall our laws and waited in line for a The PRESIDING OFFICER. Without apply to— chance to legally enter this country. objection, it is so ordered. (1) any act that occurred before, on, or Please understand, I am not just (See exhibit 1.) after the date of the enactment of this Act, talking about the fact that those who The PRESIDING OFFICER. With re- and (2) any application for naturalization or wait in line legally have to do so in spect to the earlier modification of the any other benefit or relief, or any other case their home country while someone who Senator’s amendment, is there objec- or matter under the immigration laws, pend- has entered our country in violation of tion? ing on or filed after the date of enactment of our immigration laws and obtains Z Without objection, it is so ordered. this Act. status can wait in our country. That The amendment (No. 1184), as modi- SEC. 204A. PRECLUDING ADMISSIBILITY OF certainly is an issue, that those here fied, is as follows: ALIENS CONVICTED OF AGGRA- VATED FELONIES OR OTHER SERI- AMENDMENT NO. 1184, AS MODIFIED are getting the advantage over those OUS OFFENSES. who are observing our laws. (Purpose: Establishing a permanent bar for (a) INADMISSIBILITY ON CRIMINAL AND RE- I point to a story in today’s USA gang members, terrorists, and other crimi- LATED GROUNDS; WAIVERS.—Section 212 (8 Today, where the Secretary of the De- nals) U.S.C. 1182) is amended— partment of Homeland Security, Sec- On page 47, line 25, insert ‘‘, even if the (1) by adding at the end of subsection (a)(2) retary Chertoff, admits there is ‘‘a fun- length of the term of imprisonment for the the following new subparagraphs: damental unfairness’’ in allowing un- offense is based on recidivist or other en- ‘‘(J) CERTAIN FIREARM OFFENSES.—Any documented immigrants to stay in the hancements,’’ after ‘‘15 years’’. alien who at any time has been convicted On page 47, beginning with line 34, strike under any law of, or who admits having com- country while those who have re- all through page 48, line 10, and insert: mitted or admits committing acts which spected our laws wait patiently outside (3) in subparagraph (N), by striking ‘‘para- constitute the essential elements of, pur- the country. Should we make what graph (1)(A) or (2) of’’; chasing, selling, offering for sale, exchang- even Secretary Chertoff admits is ‘‘a (4) in subparagraph (O), by striking ‘‘sec- ing, using, owning, possessing, or carrying, fundamental unfairness’’ that much tion 275(a) or 276 committed by an alien who or of attempting or conspiring to purchase, more unfair? was previously deported on the basis of a sell, offer for sale, exchange, use, own, pos- To the proponents’ credit, they have conviction for an offense described in an- sess, or carry, any weapon, part, or accessory attempted to craft a proposal that other subparagraph of this paragraph’’ and which is a firearm or destructive device (as would not allow anyone who came here inserting ‘‘section 275 or 276 for which the defined in section 921(a) of title 18, United term of imprisonment is at least 1 year’’; States Code) in violation of any law is inad- illegally obtain their green card until (5) by striking the undesignated matter missible. everyone who chose to follow the law following subparagraph (U); ‘‘(K) AGGRAVATED FELONS.—Any alien who gets their green card. But the problem (6) in subparagraph (E)— has been convicted of an aggravated felony with the bill is this: The compromise (A) in clause (ii), by inserting ‘‘,(c),’’ after at any time is inadmissible. bill arbitrarily sets the cutoff date for ‘‘924(b)’’ and by striking ‘‘or’’ at the end, and ‘‘(L) CRIMES OF DOMESTIC VIOLENCE, STALK- being in line legally at May 1, 2005, (B) by adding at the end the following new ING, OR VIOLATION OF PROTECTION ORDERS; while setting the date for the end of clauses: CRIMES AGAINST CHILDREN.— the line for those illegally here at Jan- ‘‘(iv) section 2250 of title 18, United States ‘‘(i) DOMESTIC VIOLENCE, STALKING, AND Code (relating to failure to register as a sex CHILD ABUSE.—Any alien who at any time is uary 1, 2007. I understand the reason offender); or convicted of, or who admits having com- why that was done. It was so there ‘‘(v) section 521(d) of title 18, United States mitted or admits committing acts which would not have to be added a huge Code ( relating to penalties for offenses com- constitute the essential elements of, a crime number of additional green cards in mitted by criminal street gangs);’’; and of domestic violence, a crime of stalking, or order to clear the backlog of people (7) by amending subparagraph (F) to read a crime of child abuse, child neglect, or child who have been waiting patiently, le- as follows: abandonment is inadmissible. For purposes gally, in line to clear before Z visa ‘‘(F) either— of this clause, the term ‘crime of domestic holders would get the benefits under ‘‘(i) a crime of violence (as defined in sec- violence’ means any crime of violence (as de- tion 16 of title 18, United States Code, but fined in section 16 of title 18, United States the law. not including a purely political offense), or Code) against a person committed by a cur- But the problem is this: What this ‘‘(ii) a third conviction for driving while rent or former spouse of the person, by an in- means is someone who chose to respect intoxicated ( including a third conviction for dividual with whom the person shares a child the law, chose not to enter illegally, driving while under the influence or im- in common, by an individual who is cohab- and filed the proper immigration pa- paired by alcohol or drugs), without regard iting with or has cohabited with the person

VerDate Aug 31 2005 01:38 May 25, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.087 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6615 as a spouse, by an individual similarly situ- eral waives the application of this subpara- May of 2005. However, we are told that ated to a spouse of the person under the do- graph, any’’ and insert ‘‘Any’’. the State Department has currently mestic or family violence laws of the juris- On page 50, lines 20 through 22, strike ‘‘The approved petitions dated after May 2005 Secretary of Homeland Security or the At- diction where the offense occurs, or by any for family members who are just wait- other individual against a person who is pro- torney General may in his discretion waive tected from that individual’s acts under the this subparagraph.’’. ing for an immigrant visa. domestic or family violence laws of the On page 283, strike lines 32 through 38, and EXHIBIT 1 United States or any State, Indian tribal insert: U.S. CATHOLIC BISHOPS URGE SENATE SUP- government, or unit of local or foreign gov- (A) is inadmissible to the United States PORT FOR FAMILY REUNIFICATION AMEND- ernment. under section 212(a) of the Act (8 U.S.C. MENTS TO S. 1348 1182(a)), except as provided in paragraph (2); ‘‘(ii) VIOLATORS OF PROTECTION ORDERS.— The U.S. Conference of Catholic Bishops Any alien who at any time is enjoined under On page 285, strike lines 1 through 7, and insert: strongly urges senators to vote ‘‘For’’ the a protection order issued by a court and following family reunification amendments whom the court determines has engaged in (I) is an alien who is described in or subject to section 237(a)(2)(A)(iii), (iv) or (v) of the to S. 1348, Comprehensive Immigration Re- conduct that violates the portion of a protec- form Act of 2007: tion order that involves protection against Act (8 U.S.C. 1227(a)(2)(A)(iii), (iv) or (v)), ex- cept if the alien has been granted a full and Menendez/Hagel Backlog Reduction credible threats of violence, repeated harass- Amendment. The Menendez/Hagel amend- ment, or bodily injury to the person or per- unconditional pardon by the President of the United States of the Governor of any of the ment would bring equity to the backlog re- sons for whom the protection order was duction contained in the substitute amend- issued is inadmissible. For purposes of this several States, as provided in section 237(a)(2)(A)(vi) of the Act (8 U.S.C. ment to S. 1348 by establishing the same cut- clause, the term ‘protection order’ means off date for backlog reduction visas as is con- any injunction issued for the purpose of pre- 1227(a)(2)(A)(vi); (J) is an alien who is described in or sub- tained in the substitute for legalizing un- venting violent or threatening acts of domes- documented aliens. Unless amended by tic violence, including temporary or final or- ject to section 237(a)(4) of the Act (8 U.S.C. 1227(a)(4); and Menendez/Hagel, the substitute amendment ders issued by civil or criminal courts (other would kick all relatives of U.S. citizens and than support or child custody orders or pro- (K) is an alien who is described in or sub- ject to section 237(a)(3)(C) of the Act (8 permanent resident aliens who filed peti- visions) whether obtained by filing an inde- tions after May of 2005 for family reunifica- pendent action or as a independent order in U.S.C. 1227(a)(3)(C)), except if the alien is ap- proved for a waiver as authorized under sec- tion visas out of line, thus providing better another proceeding.’’; and treatment to undocumented aliens than (2) in subsection (h)— tion 237 (a)(3)(C)(ii) of the Act (8 U.S.C. 1227(a)(3)(C)(ii)). would be given to persons who have followed (A) by striking ‘‘The Attorney General the law. may, in his discretion, waive the application On page 285, line 21, strike ‘‘(9)(C)(i)(I),’’. On page 285, line 41, strike ‘‘section Dodd Parents of U.S. Citizens Amendment. of subparagraphs (A)(i)(I), (B), (D), and (E) of 212(a)(9)(C)(i)(II)’’ and insert ‘‘section The Dodd amendment would mitigate the subsection (a)(2)’’ and inserting ‘‘The Attor- 212(a)(9)(C)’’. damage done to parents of U.S. citizens by ney General or the Secretary of Homeland On page 286, between lines 2 and 3, insert: the substitute amendment. It would do this Security may, in his discretion, waive the (VII) section 212(a)(6)(E) of the Act (8 by increasing from 40,000 to 90,000 the num- application of subparagraphs (A)(i)(I), (III), U.S.C. 1182(a)(6)(E)), except if the alien is ap- ber of such parents who can be admitted to (B), (D), (E), (J), and (L) of subsection (a)(2)’’; proved for a waiver as authorized under sec- the United States each year as permanent (B) by striking ‘‘if either since the date of tion 212(d)(11) of the Act (8 U.S.C. 1182(d)(11)); residents. Under current law, there are an such admission the alien has been convicted or unlimited number of such parents who can of an aggravated felony or the alien’’ in the (VIII) section 212(a)(9)(A) of the Act (8 immigrate to the United States each year. next to last sentence and inserting ‘‘if since U.S.C. 1182(a)(9)(A)). Clinton/Hagel Spouses and Unmarried Chil- the date of such admission the alien’’; and On page 287, between lines 10 and 11, insert: dren Amendment. The Clinton/Hagel amend- (C) by inserting ‘‘or Secretary of Homeland (5) GOOD MORAL CHARACTER.—The alien ment would categorize spouses and unmar- Security’’ after ‘‘the Attorney General’’ each must establish that he or she is a person of ried children (under the age of 21) of legal place it appears. good moral character ( within the meaning permanent resident aliens as ‘‘immediate (b) DEPORTABILITY FOR CRIMINAL OFFENSES of section 101(f) of the Act (8 U.S.C. 1101(f)) relatives.’’ This would ensure that longterm INVOLVING IDENTIFICATION.—Section 237(a)(2) during the past three years and continue to residents in the United States have the op- (8 U.S.C. 1227(a)(2)) is amended by adding be a person of such good moral character. portunity to reunite with their immediate after subparagraph (E) the following new Now, Madam President, I wanted to family members. subparagraph: express the concerns I have just ex- Menendez/Obama Sunset Amendment. The ‘‘(F) CRIMINAL OFFENSES INVOLVING IDENTI- Menendez/Obama sunset amendment would FICATION.—An alien shall be considered to be pressed and say that I am still study- ing the amendment from Senator sunset the new, untested and little-consid- deportable if the alien has been convicted of ered point system provision in the substitute a violation of (or a conspiracy or attempt to MENENDEZ. I know it adds new green amendment to S. 1348 after 5 years in order violate) an offense described in section 208 of cards on top of all the green cards this to enable lawmakers to assess whether the the Social Security Act (42 U.S.C. 408) (relat- compromise has already provided. I consequences of the experimental program ing to social security account numbers or so- will listen carefully to the arguments are unacceptable and warrant a return to the cial security cards) or section 1028 of title 18, of Senators MENENDEZ and HAGEL, the existing family- and employment-sponsored United States Code (relating to fraud and re- preference systems. lated activity in connection with identifica- main cosponsors of that amendment, as well as arguments of the opponents of tion).’’. Dear Sir: The Interfaith Immigration Coa- (c) EFFECTIVE DATE.—The amendments the amendment before deciding finally lition is a coalition of faith-based organiza- made by this section shall apply to— how to vote. But I am troubled by tions committed to enacting comprehensive (1) any act that occurred before, on, or those this bill disadvantages simply be- immigration reform that reflects our man- after the date of enactment, and cause they chose to abide by our laws date to welcome the stranger and treat all (2) to all aliens who are required to estab- as opposed to those who chose not to human beings with dignity and respect. lish admissibility on or after the date of en- Through this coalition, over 450 local and na- actment of this section, and in all removal, abide by our laws. tional faith-based organizations and faith deportation, or exclusion proceedings that I, too, have an amendment, but my leaders have called on Congress and the Ad- are filed, pending, or reopened, on or after amendment does not increase the num- ministration to enact fair and humane re- such date. ber of green cards. The effect of my form. Members of the coalition are ex- (d) CONSTRUCTION.—The amendments made amendment will be to cause the 8-year tremely concerned about the provisions of S. by subsection (a) shall not be construed to time period to clear family backlogs to create eligibility for relief from removal 1348 that would undermine family reunifica- slip a few years. But my amendment tion, and therefore urge Senators to VOTE under former section 212(c) of the Immigra- speaks to an important principle, one I tion and Nationality Act if such eligibility YES on the following amendments that will did not exist before the amendments became have been speaking to here for the last reaffirm the United States’ longstanding effective. few minutes, which is, no one who commitment to family values and fairness. On page 48, line 36, insert ‘‘including a vio- came here illegally should be placed Vote ‘‘Yes!’’ Menendez Amendment on lation of section 924 (c) or (h) of title 18, ahead in the citizenship path in front Family Backlog Cut Off Date. Currently, the United States Code,’’ after ‘‘explosives’’. of someone who has played by the compromise legislation will clear the back- On page 49, lines 7 and 8, strike ‘‘, which is log under our existing family and employer rules. based system, but only for those who sub- punishable by a sentence of imprisonment of Finally, let me just say that I antici- five years or more’’. mitted their applications before May 1, 2005. On page 49, beginning with line 44, through pate there may be an argument that As a result, an estimated 833,000 people who page 50, line 2, strike ‘‘Unless the Secretary Citizenship and Immigration Services have played by the rules and applied after of Homeland Security or the Attorney Gen- discontinued taking applications in that date will not be cleared as part of the

VerDate Aug 31 2005 03:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.019 S24MYPT1 bajohnson on PRODPC74 with SENATE S6616 CONGRESSIONAL RECORD — SENATE May 24, 2007 family backlog and will lose their chance to tion and restructuring our current immigra- comprehensive immigration reform. Con- immigrate under current rules. The Menen- tion system to favor employment-based ties trary to the original plan to complete action dez amendment would change the ‘‘cut-off’’ over family ties not only undermines the by Memorial Day, Senate leaders acknowl- date for legal immigrant applicants who family values that our central to our na- edged that deliberations will continue into would otherwise be handled under the back- tional identity, it is also detrimental to our June after the Memorial Day recess. log reduction part of the bill from May 1, economy. MALDEF will work with local organizations 2005 to January 1, 2007, which is the same Immigrant families bring an entrepre- and leaders to organize meetings and events cut-off date that is currently set for the le- neurial spirit to our country. Family-based while Senators are in their home states to galization of the undocumented immigrants. immigration allows newcomers to pull their highlight the need for comprehensive immi- It would also add 110,000 green cards a year resources together, start businesses, inte- gration reform. We encourage you also to to ensure that we don’t start creating a new grate more easily into their communities work with local coalitions in your area. backlog or cause the 8 year deadline for and be more productive workers. In addition, MALDEF is working to restore family re- clearing the family backlog to slip by a few using education, English proficiency and job unification, support realistic employment years. skills as the basis for obtaining a green card verification systems, and remove unneces- Vote ‘‘Yes!’’ Clinton Amendment to In- does not necessarily meet the economic sary obstacles to legalizing the immigration clude Minor Children and Spouses of Lawful need, as the U.S. Department of Labor pre- status of otherwise law-abiding people al- Permanent Residents in ‘‘Immediate Rel- dicts that the U.S. economy has a higher de- ready in the United States. In addition to ative’’ Category. Current immigration law mand for low-skilled workers. drastically limiting the ability of U.S. citi- limits the number of green cards available to Therefore, the JCPA urges you to: zens to be reunited in the U.S. with their spouses and minor children of lawful perma- Vote ‘‘Yes’’ on the Clinton/Hagel Amend- brothers, sisters, and parents, the Senate bill nent residents (LPRs) to 87,900 per year. For ment to Include Minor Children and Spouses arbitrarily terminates family reunification these spouses and minor children, quota of Lawful Permanent Residents in the imme- petitions filed after May 1, 2005. Urge your backlogs are approximately 4 years and 9 diate Relative’’ Category, thereby lifting the Senator to support Senator MENENDEZ’s ef- months long. The inequitable treatment of cap on the number of visas available to these fort to restore the hope for reunification for minor children and spouses who are depend- close family members. families whose applications were filed after ent on the status of their U.S. sponsor has Vote ‘‘Yes’’ on the Dodd/Hatch Amendment May 1, 2005. Over 800,000 legal immigrants devastated thousands of legal immigrant related to Foreign-Born Parents of U.S. Citi- currently waiting in line will be harmed if families. The Clinton amendment will re-cat- zens, which would increase the annual cap of this provision is not improved. egorize spouses and children of LPRs as ‘‘im- green cards for parents from 40,000 to 90,000, A key provision in the Senate bill requires all employers to use a new government data- mediate relatives,’’ thereby lifting the cap extend the duration of the parent visitor visa base to verify the employment eligibility of on the number of visas available to these from 100 days to 365 days, and not impose every new hire within 18 months and every close family members, allowing permanent collective punishment on families when one existing employee, U.S. citizen or not, with- residents of the U.S. to reunite with their member overstays their visa. in three years. Based on our experience with loved ones in a timely fashion. The JCPA is also concerned about the employer sanctions, we expect significant Vote ‘‘Yes!’’ Dodd Amendment Related to Title V provision that arbitrarily sets the discrimination to result against Latino Foreign-Born Parents of U.S. Citizens. Cur- date of May 1st, 2005 as a cut-off for clearing workers. The bill would bypass the existing rently, the compromise legislation would set the backlog of applicants who have gone Department of Justice Civil Rights office an annual cap for green cards for parents of through legal channels to try to reunite with and require discrimination victims to com- U.S. citizens at 40,000 (less than half the cur- their families in the United States. Exclud- plain to the Department of Homeland Secu- rent annual average number of green cards ing individuals who have filed family-based issued to these parents). It would also create rity. The bill also shields the implementing applications and paid fees after May 2005 rules from class action challenges and bars a a new parent visitor visa program that only sends the wrong message that playing by the allows parents to visit for 100 days per year court from awarding attorney fees to those, rules is not rewarded. Unless this provision like MALDEF, that would challenge the reg- and includes overly harsh collective pen- is fixed, the 800,000 applicants that applied alties. The Dodd amendment would increase ulations. These features must be changed. after the May 2005 cut-off will be re-directed The legalization program makes unauthor- the annual cap of green cards from 40,000 to to the new application process, where they ized immigrants eligible for a new ‘‘Z’’ visa 90,000, extend the duration of the parent vis- will have to compete in an untested point if they entered the United States as late as itor visa from 100 days to 365 days in order to system that is stacked against them, in December 31, 2006. The program would start make it easier for families to remain to- order to reunite with their family members. six months after the bill is enacted and indi- gether for a longer period; and make pen- Therefore, the JCPA urges you to: viduals (and heads of households on behalf of alties levied on individuals who overstay Vote ‘‘Yes’’ on the Menendez/Hagel Amend- their spouse and minor children) would have their S-visa only applicable to that indi- ment on Family Backlog Cut-off Date, which up to a year and potentially two years to vidual and not collectively applied to their would change the May 1, 2005 cut-off date to apply. If they are eligible, unauthorized im- fellow citizens. This amendment is essential January 1, 2007, the same cut-off date set for migrants would have an immediate interim to making sure that our permanent legal im- the legalization for undocumented immi- stay of removal even before they applied. migration system is fair to US citizens and grants. The Menendez amendment would also These are the most positive features of the their parents, and facilitates family reunifi- add 110,000 green cards a year to avoid cre- compromise. MALDEF is working to cation. ation of a new backlog or cause families who strengthen other features such as the costs, went through legal channels to wait longer timing and eligibility restrictions. MAY 22, 2007. than 8 years to reunite with their loved ones One of the first amendments expected, as DEAR SENATOR CORNYN: The Jewish Coun- in the United States. early as today, may be offered by Senators cil for Public Affairs (JCPA) applauds the The JCPA applauds the Senate’s commit- Feinstein (CA) and BINGAMAN (NM). It would Senate’s commitment to finding a workable ment to passing a comprehensive immigra- reduce the number of future ‘‘temporary compromise on Comprehensive Immigration tion reform package this year. The alter- workers’’ by 50% and permit 200,000 instead Reform and supports S.1348 as a starting native is the status quo, which has proven to of 400,000 to enter per year. This amendment point for the debate. The introduction of a produce suffering, exploitation, family sepa- does not address our key objections to the comprehensive framework that secures our ration and chaos. However, the JCPA main- temporary worker provision, namely, that it borders, clears much of the current family tains serious reservations due to the con- would be costly to the workers and com- backlog, and provides a path to citizenship cerns outlined above. We therefore urge you plicated for employers; it would allow the for the estimated 12 million undocumented to support the above amendments to the families of only higher income workers to workers in the United States is a step in the agreement that reflect family values, work- join them in the United States; and it would right direction toward fixing our broken im- ability and fairness. require workers to leave after two years and migration system. If you have any questions, please do not As the umbrella body for policy in the Jew- remain outside the U.S. for a year before re- hesitate to contact me at turning. The United States needs more work- ish community, representing 13 national [email protected] or 202–789–2222 X10l. agencies and 125 local community relations ers than are currently available in the do- Sincerely, mestic workforce. The flaws in the program councils in 44 states, the JCPA has long been HADAR SUSSKIND, active in supporting comprehensive immi- relate not to the number of workers but to Washington Director, the conditions upon their entry and in their gration reform that is workable, fair and hu- Jewish Council for Public Affairs. mane. work environment. However, JCPA holds serious reservations While the U.S. Senate is in session debat- MALDEF—PROMOTING LATINO CIVIL RIGHTS about other aspects of the bill, particularly ing the immigration bill, you will be receiv- SINCE 1968 those that address family-based immigra- ing a special daily edition of The tion. IMMIGRATION DEBATE STARTS IN THE U.S. SEN- MALDEFian. For example, the JCPA believes that sev- ATE—POSITIVE AND NEGATIVE DETAILS The PRESIDING OFFICER. The Sen- eral aspects of Title V of the Senate com- EMERGE; FIRST VOTES BEING TAKEN ator from Texas is recognized. promise are unworkable and unjust. Cutting MAY 22, 2007.—On Monday, the U.S. Senate, Mrs. HUTCHISON. Madam President, entire categories of family-based immigra- by a vote of 69–23, voted to begin debate on I had originally come to the floor to

VerDate Aug 31 2005 03:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.030 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6617 offer two amendments on Social Secu- The second area I think must be fixed would also go into a fund which is al- rity. However, I have yielded to the re- is in the Social Security area. We all ready a fund in place that now allows quest from Senator KENNEDY to with- know our Social Security system is on compensation for uncompensated hold, and he has told me that I will be the brink of failure. We know that in health care to a county hospital or to able to offer those amendments on the the year 2017, the system will start to a health care provider that delivers a first day we return and take this bill pay out more than it receives. By 2041, baby of an illegal immigrant who can- up on the floor again. the trust fund will be exhausted. not pay or does any emergency service Madam President, I did wish to Now, in 2017, under the present law, for an illegal immigrant today. speak, however, on what I hope to do we will have to make adjustments that We know many hospitals—I know with this bill. I think there are some will either increase Social Security that in my home State of Texas, my very good features of this bill. It has taxes or decrease payments to Social hospitals in my major cities always been negotiated really for years. The Security recipients. If we put more talk about how much they are having good features are the border security people into our system who have got- to raise taxes on the taxpayers who and we do have benchmarks that are ten credits illegally working in this live in their districts because there is required to be done before any tem- country, it is going to bring forward so much use of the health care facili- porary worker program or dealing with the year in which we have to start ei- ties by illegal immigrants who cannot the backlog of people who are in our ther lowering the payments or raising pay. So the Medicare deduction would country illegally begins. the taxes. I don’t think that is right. I go into a fund that would compensate We will have benchmarks that are fi- do not think we should give Social Se- health care providers for service to for- nite for border security. That is a good curity credits to people who will be Z eign workers who would not be able to feature of this bill. It also has a tem- visa holders in this country for the pay. porary worker program going forward. time they have worked illegally. Those are the two amendments which I think it is essential, if we are going In the underlying bill, they do ad- I think would assure that the tax- to have border security in the future in dress the issue of fraudulent cards. I payers of our country and the contribu- this country, that we have a temporary commend them for putting that in the tors to the Social Security system who worker program that works. If we do bill. If you have paid Social Security have earned the right to have that not have a temporary worker program with a fraudulent number or a card safety net would not be unfairly taxed that works, we will not have border se- that is not yours, you will not be able for people who have not been legally in curity. Many people are not putting to get credit for Social Security. To be the system or people who do not have that together, but it is essential that very fair and honest, that is a good the quarters that would be requisite. I you put it together because if we do part of this bill, but it does not deal hope we can take these amendments not have a way for people to come into with the people who have a card in up. I hope they will be acceptable. If we this country and fill the jobs that are their own name, but they have worked can take the amnesty out of this bill being unfilled because we do not have illegally. by assuring that everyone who is here enough workers who will do those jobs, That is what one of my amendments illegally will have to apply outside of then we will never be able to control will attempt to address, that we will our country to be able to come in le- our borders. also not give credit to people who have gally to work, then we have set the I am supportive of those parts of the a card in their name, but they either precedent of the rule of law which we bill. What I cannot support in this bill obtained it illegally or they have over- have always prided ourselves on in this and what I am going to try to make a stayed a visa. So I hope we can also not country. If we can assure that the So- positive effort to change are basically give credit for that illegal time they cial Security system is not also unduly two areas. First is the amnesty portion have worked even if the card is in their burdened with quarters given for ille- of the Z visa. It would allow people to name, but it was not their legal right gal work, then I think the American come to this country illegally, stay to work. If we can do that and then people will accept that we have to ad- here, and if they do not wish to have a start a person, when they are on the dress this issue in a responsible way. green card, they would never have to proper visa, toward getting credit, I I have heard the outcry of people return. And that visa would be able to think the American people will feel about this bill, and I think some of be renewed as long as the person want- that is a fairer system. that outcry is justified. But I think we ed to stay here and work. I will offer an The second area I hope to address is can fix the parts that are not in tune amendment at the appropriate time the new future flow of temporary work- with the American people and also do that will take the amnesty out of the ers. Now, under the bill, the temporary what is right for our country going for- bill and require that before a person workers who will be coming in after ward because there is one thing on can work in this country legally, if the backlog of the illegal workers is which I think we can all agree; that is, they are here illegally, they would dealt with, those people should not we have a system that is broken when have to go home and apply from out- ever go into the Social Security system you have 10 to 12 million people—and side the country. We will have a time because, according to this bill, they that is an estimate because we do not that will allow that to happen in an or- will be limited to a 6-year period. It is know for sure—who are working in our derly way, probably 2 years after the very important that in dealing with country illegally. They are not being person gets their temporary card when those temporary workers, that they treated fairly, nor are the American they register to say they are in our will not ever be eligible for Social Se- people who do live by the rule of law country illegally, which they will be curity, nor should they be, because being treated fairly. It is a system that required to do. Then they would have 2 they will not have the requisite num- is broken, and it is a very complicated years from the time they get that first ber of quarters. and hard problem to fix, but that is our temporary card to go home and reg- What my second amendment does is responsibility. ister at home to come in our country allow them to take what they have ac- I respect those who have tried, in a legally. tually put into the Social Security sys- bipartisan way, to put forward a bill. I think taking out the amnesty part tem through the employee deduction. As a person who has written a book, as of this bill would be a major step in the It will allow them to take that home a person who has written legal briefs, I right direction, to say, for people who when they leave the system. We know that the person who puts out the are here illegally today, they can get think—I think that is a fair approach first draft is always going to be the one right with the law by applying from for both the person working and also who is under attack. But someone has home, just as all future workers will the Social Security system itself, that to do it, and the people who have have to do. So there would not be an they would get back what they put in, worked on this bill did step out and amnesty for people who would be able but they would not be eligible for our say: Here is the starting point. to work here, stay here, and never go Social Security system, which would Congressman MIKE PENCE and I, last home. That would be my amendment be much more costly down the road. year, when the House and Senate broke which I would like to offer at the ap- In addition, the Medicare deduction down in negotiations over this issue, propriate time. which is taken from the employee did the same thing. We came out with

VerDate Aug 31 2005 01:38 May 25, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.098 S24MYPT1 bajohnson on PRODPC74 with SENATE S6618 CONGRESSIONAL RECORD — SENATE May 24, 2007 what we thought was a starting point (A) be a citizen of the United States, a na- SEC. 713. SUPPLEMENTAL FEES. that would be the right approach, and tional of the United States (as defined in sec- Section 214(c) of the Immigration and Na- the principles we laid down were that tion 101(a) of the Immigration and Nation- tionality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following: we would have a guest worker program ality Act (8 U.S.C. 1101(a)), an alien admitted as a refugee under section 207 of such Act (8 ‘‘(15)(A) In each instance where the Attor- which would not include amnesty but U.S.C. 1157), or an alien lawfully admitted to ney General, the Secretary of Homeland Se- would be a fair and workable guest the United States for permanent residence; curity, or the Secretary of State is required worker program. It would have private (B) prepare and submit to the Director an to impose a fee pursuant to paragraph (9) or sector involvement. It would have bor- application at such time, in such manner, (11), the Attorney General, the Secretary of der security as our No. 1 goal. It would and containing such information as the Di- Homeland Security, or the Secretary of also preserve the integrity of our So- rector may require; and State, as appropriate, shall impose a supple- cial Security system. Congressman (C) certify to the Director that the indi- mental fee on the employer in addition to vidual intends to use amounts received under any other fee required by such paragraph or PENCE and I tried to do that last year. the scholarship to enroll or continue enroll- any other provision of law, in the amount de- Many of the elements in the ment at an institution of higher education termined under subparagraph (B). Hutchison-Pence plan are in the bill (as defined in section 101(a) of the Higher ‘‘(B) The amount of the supplemental fee before us. Education Act of 1965 (20 U.S.C. 1001(a)) in shall be $3,500, except that the fee shall be 1⁄2 If we can perfect this bill and take order to pursue an associate, undergraduate, that amount for any employer with not more the amnesty out by requiring everyone or graduate level degree in mathematics, en- than 25 full-time equivalent employees who to apply outside our country—and it gineering, computer science, nursing, medi- are employed in the United States (deter- can be done in a responsible way me- cine, or other clinical medical program, or mined by including any affiliate or sub- chanically because you would have technology, or science program designated sidiary of such employer). ‘‘(C) Fees collected under this paragraph some amount of time—1 or 2 years—to by the Director. (2) ABILITY.—Awards of scholarships under shall be deposited in the Treasury in accord- do it so that it would not be a glut on this section shall be made by the Director ance with section 286(x).’’. the system. I regret the argument that solely on the basis of the ability of the appli- Mr. KENNEDY. Madam President, I you cannot do it. I think we can. I also cant, except that in any case in which 2 or see my friend and colleague from Illi- think we need to make a responsible ef- more applicants for scholarships are deemed nois here, as well as my colleague from fort, and that is exactly what I am by the Director to be possessed of substan- Alabama. I did wish to address the going to try to do. tially equal ability, and there are not suffi- Vitter amendment briefly. We are very I hope all our colleagues will work in cient scholarships available to grant one to hopeful we may be able to accept the a positive way to try to fix the parts each of such applicants, the available schol- arship or scholarships shall be awarded to Senator’s amendment. We will know that we think are bad, to admit that the applicants in a manner that will tend to that momentarily. there are some good parts. The border result in a geographically wide distribution I yield the floor. security and the temporary worker throughout the United States of recipients’ The PRESIDING OFFICER. The Sen- program are very good, and the part places of permanent residence. ator from Illinois is recognized. about the Social Security protection (c) AMOUNT OF SCHOLARSHIP; RENEWAL.— AMENDMENT NO. 1231 TO AMENDMENT NO. 1150 for fraudulent cards is good. Let’s try (1) AMOUNT OF SCHOLARSHIP.—The amount Mr. DURBIN. Madam President, I to make it better. Let’s try to make it of a scholarship awarded under this section wish to first describe what I am going a bill that everyone will accept as fair shall be $15,000 per year, except that no to try to do at this moment so all Sen- for America, fair for foreign workers, scholarship shall be greater than the annual ators will know. I am going to ask helps our economy, and keeps our bor- cost of tuition and fees at the institution of unanimous consent that we set aside higher education in which the scholarship re- the pending Sanders amendment for ders secure. That is what we owe the cipient is enrolled or will enroll. people. I hope to make a contribution (2) RENEWAL.—The Director may renew a the purpose of offering an amendment in that effort. scholarship under this section for an eligible which I am going to offer and then, I yield the floor. individual for not more than 4 years. after a brief comment of 3 to 5 minutes, The PRESIDING OFFICER. The Sen- (d) FUNDING.—The Director shall carry out I will ask unanimous consent to return ator from Massachusetts. this section only with funds made available to the Sanders amendment as the pend- Mr. KENNEDY. Madam President, I under section 286(x) of the Immigration and ing business before the Senate. I don’t see my friend from Vermont on his Nationality Act (as added by section 712) (8 wish to mislead anybody about what I feet. I know from conversation that he U.S.C. 1356). am doing. This should be a total of wants to modify his amendment. I hope (e) FEDERAL REGISTER.—Not later than 60 about 5 minutes, and we will be back the Chair will recognize him for that days after the date of enactment of this Act, where we started. My amendment will purpose. the Director shall publish in the Federal be at the desk for later consideration. The PRESIDING OFFICER. The Sen- Register a list of eligible programs of study I make that unanimous consent re- ator from Vermont is recognized. for a scholarship under this section. quest to set aside the pending Sanders AMENDMENT NO. 1223, AS MODIFIED SEC. 712. SUPPLEMENTAL H–1B NONIMMIGRANT amendment for the purpose of offering PETITIONER ACCOUNT. Mr. SANDERS. Madam President, I my amendment. have a modification of my amendment Section 286 of the Immigration and Nation- The PRESIDING OFFICER. Is there ality Act (8 U.S.C. 1356) (as amended by this at the desk. objection? Act) is further amended by inserting after Mr. SESSIONS. Reserving the right The PRESIDING OFFICER. The Sen- subsection (w) the following: ator has the right to modify his amend- to object, I had understood there would ‘‘(x) SUPPLEMENTAL H–1B NONIMMIGRANT be an opportunity for me to speak after ment. The amendment is so modified. PETITIONER ACCOUNT.— Senator SANDERS and Senator DURBIN. The amendment, as modified, is as ‘‘(1) IN GENERAL.—There is established in follows: the general fund of the Treasury a separate Are we going to be in a situation where At the end of title VII, insert the fol- account, which shall be known as the ‘Sup- I may not be allowed to offer an lowing: plemental H–1B Nonimmigrant Petitioner amendment? Subtitle C—American Competitiveness Account’. Notwithstanding any other section Mr. DURBIN. I say to the Senator Scholarship Program of this Act, there shall be deposited as offset- from Alabama through the Chair, I will SEC. 711. AMERICAN COMPETITIVENESS SCHOL- ting receipts into the account all fees col- be completed in 3 to 5 minutes, and we ARSHIP PROGRAM. lected under section 214(c)(15). will be in exactly the same place we (a) ESTABLISHMENT.—The Director of the ‘‘(2) USE OF FEES FOR AMERICAN COMPETI- started. The Sanders amendment will National Science Foundation (referred to in TIVENESS SCHOLARSHIP PROGRAM.—The be pending with no other requirements this section as the ‘‘Director’’) shall award amounts deposited into the Supplemental H– scholarships to eligible individuals to enable 1B Nonimmigrant Petitioner Account shall under the unanimous consent request. such individuals to pursue associate, under- remain available to the Director of the Na- The PRESIDING OFFICER. Without graduate, or graduate level degrees in math- tional Science Foundation until expended for objection, it is so ordered. ematics, engineering, health care, or com- scholarships described in section 711 of the The clerk will report. puter science. Secure Borders, Economic Opportunity and The legislative clerk read as follows: (b) ELIGIBILITY.— Immigration Reform Act of 2007 for students The Senator from Illinois [Mr. DURBIN], for (1) IN GENERAL.—To be eligible to receive a enrolled in a program of study leading to a himself, and Mr. GRASSLEY, proposes an scholarship under this section, an individual degree in mathematics, engineering, health amendment numbered 1231 to amendment shall— care, or computer science.’’. No. 1150.

VerDate Aug 31 2005 01:38 May 25, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.099 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6619 Mr. DURBIN. I ask unanimous con- ment. It is a very important amend- the process of trying to get some votes sent that the reading of the amend- ment to stand faithful to our first obli- this afternoon. We were moving along ment be dispensed with. gation, our people in America who are as well because the Appropriations The PRESIDING OFFICER. Without looking for jobs. Committee had asked us if we would be objection, it is so ordered. I ask unanimous consent to set my finished by 5 o’clock. I see my friend The amendment is as follows: amendment aside and return to the from Alabama who has been extremely (Purpose: To ensure that employers make Sanders amendment as the pending patient. He has been in the Armed efforts to recruit American workers) amendment before the Senate. Services Committee, where I should In section 218B(b) of the Immigration and The PRESIDING OFFICER. Without have been earlier in the afternoon. He Nationality Act, as added by section 403(a), objection, it is so ordered. was diligent there and arrived over strike ‘‘Except where the Secretary of Labor The Senator from Pennsylvania. here. He has important amendments on has determined that there is a shortage of Mr. SPECTER. Madam President, I the earned-income tax credit and oth- think we are in a position to accept the United States workers in the occupation and ers. The Senator from Vermont has area of intended employment to which the Y amendment of the Senator from been here all afternoon. He has a good nonimmigrant is sought, each’’ and insert Vermont as modified. What I propose amendment. We had initially, at 2:15, ‘‘Each’’. to do is to speak very briefly on the said we would do the Vitter amend- In section 218B(c)(1)(G) of the Immigration Vitter amendment, and then it would ment. We were going to come back and and Nationality Act, as added by section be my expectation that we would move do the Feingold amendment, but then 403(a), strike ‘‘Except where the Secretary of to Senator SESSIONS to have an oppor- we were told we couldn’t vote on that. Labor has determined that there is a short- tunity for him to offer his amendment. age of United States workers in the occupa- We were told we couldn’t vote on He has been on the floor a great deal tion and area of intended employment for Vitter because there were some mem- today trying to be recognized. He has which the Y nonimmigrant is sought—’’ and bers of his own party who chose not to been at a markup on Armed Services so insert ‘‘That—’’. do so. But we wanted to vote on the he couldn’t be here earlier. Mr. DURBIN. Madam President, I amendment of the Senator from offer this amendment on behalf of my- I have been informed there are some objections to the amendment offered Vermont. Hopefully, he was going to be self and Senator GRASSLEY. The new Y accepted, but that is not the case. guest worker program included in the by the Senator from Vermont. We will have to process them and see what we I hope we would have the opportunity immigration bill would require em- to vote on that; then after that, to rec- ployers to recruit Americans before will do. It is not unusual that the infor- mation given to us is that we can ac- ognize the Senator from Alabama for hiring a guest worker. That is our first whatever time he might need for the obligation. If there is a job opening in cept and then others come forward. But we will try to work it out. purpose of debate, rather than for vot- America, an American should have the ing. The request of the leadership is to AMENDMENT NO. 1157 first chance to get it. That is the in- do the supplemental. We give assurance tent of the bill, but there is one loop- Briefly, Madam President, I oppose the Vitter amendment. The core of the to the Senator from Alabama that we hole. The loophole allows the Secretary will consider his amendment at the of Labor to declare a labor shortage legislation is to provide for border se- curity, employer verification, a guest earliest possible time after we return. and then waive the requirement of of- Mr. DURBIN. Will the Senator yield fering the job to an American. We don’t worker program, and a way to handle the 12 million undocumented immi- for a question? define what a labor shortage is. This Mr. KENNEDY. Yes. grants. The Vitter amendment strikes amendment removes that right of the Mr. DURBIN. May I ask the Senator title VI, which provides for the way of Secretary of Labor. from Massachusetts and the Senator handling the 12 million undocumented What it means is, as there are job from Pennsylvania to consider the fol- immigrants, which is, if not the heart openings, they will always be offered lowing—if we could enter into a unani- of this bill, a vital organ of the bill. first to Americans. Shouldn’t that be mous consent request that would allow Without this provision, the bill doesn’t our starting point, always offer the job the Senator from Alabama to lay down have the import which is necessary to first to an American, to see if an unem- his amendments, to speak, and then ployed person or someone else wants to deal with the immigration problem. The 12 million undocumented immi- withdraw the amendments, returning take it? Then if the job is not filled, we grants are going to be in the United to the Sanders amendment, and have can consider other options. We know States whether we deal with them in a unanimous consent at a time certain when it comes to H–1B visas, which are systematic, appropriate way or not. that we would have a vote on the Sand- visas offered to skilled workers to The only question is whether we elimi- ers amendment; would that be agree- come into this country to fill in gaps nate the anarchy, having them, as the able? for engineers and architects and profes- expression is often used, living in the I would like to make that unanimous sionals, there have been abuses. When shadows, living in fear. If we systema- consent request, if the Senator from we had the openings for the H–1B visas, tize the approach, they come out of the Alabama can tell us how much time he opportunities for people to come into shadows. They register. We will have would need. this country, it turned out that 7 out of an opportunity to identify the criminal Mr. SESSIONS. Madam President, I the 10 firms that won the right to offer element, deport a reasonable number would prefer to have a vote on my H–1B visas were not American compa- when we identify those who can be, amendment tonight, if we could do so. nies trying to fill spots where they should be deported, and then deal with I would be reluctant to have another couldn’t find Americans. They turned the balance as the bill provides with vote if we can’t have a vote on the out to be foreign companies that were the Z visas. amendment I will offer. outsourcing workers to the United Stated briefly, if you were to accept Mr. DURBIN. Madam President, the States, exactly the opposite of what we the Vitter amendment, there would be Senator from Vermont has been here had hoped for. We don’t want that to nothing left but a shell of this bill. The all day waiting for this opportunity happen with the temporary guest whole bill is an accommodation of bor- and has patiently waited as several worker program. This amendment der security, employer verification for suggested rollcalls have passed by. In would eliminate this jobs shortage ex- what we do in the guest worker pro- fact, one was to be at 5 o’clock. With- ception. It would require that in tem- gram, and the 12 million undocumented out prejudicing the Senator from Ala- porary guest worker positions, the first immigrants. For those reasons, I vigor- bama, I have a pending amendment, job offering always be to an American. ously oppose the Vitter amendment. too, or had one earlier, which I am It is simple. Senator GRASSLEY and I I believe we are now ready for the willing to wait until after the recess to offer it. It is supported by the AFL–CIO Senator from Alabama to offer his consider. I think it might be a gesture and the building trades unions, the la- amendment. of fairness to allow the Senator from borers and Teamsters, many other or- The PRESIDING OFFICER. The Sen- Vermont to have his vote this evening, ganizations. I urge my colleagues, ator from Massachusetts is recognized. whether the Senator and I get our when we return after our Memorial Mr. KENNEDY. Madam President, at chance or not. We will be back after Day recess, to consider this amend- the request of the leaders, we were in Memorial Day.

VerDate Aug 31 2005 03:02 May 25, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.100 S24MYPT1 bajohnson on PRODPC74 with SENATE S6620 CONGRESSIONAL RECORD — SENATE May 24, 2007 Mr. SESSIONS. It is a tough life in Mr. SESSIONS. Madam President, if his or her status adjusted to legal permanent the pit here. If I desire to have a vote I would be allowed to make my two resident status. tonight myself, what would be the dif- amendments pending and to speak for AMENDMENT NO. 1235 TO AMENDMENT NO. 1150 ficulty with that? We could do that at 15 minutes, I would forgo a request for Mr. SESSIONS. Mr. President, I ask the same time as the vote on the Sand- a vote tonight. that the pending amendment be set ers amendment. The PRESIDING OFFICER. The Sen- aside and I send an amendment to the The PRESIDING OFFICER. The Sen- ator from Illinois. desk. ator from Massachusetts. Mr. DURBIN. Madam President, did The PRESIDING OFFICER. The Mr. KENNEDY. I think we have had the Senator say two amendments? clerk will report. a good debate and discussion on the Mr. SESSIONS. Madam President, I The legislative clerk read as follows: Sanders amendment. It was the request have two amendments. They are both The Senator from Alabama [Mr. SESSIONS] of the leadership that we have the sup- on the same subject. I would rather proposes an amendment numbered 1235 to plemental, which has been extremely offer both. I am not sure which one—I amendment No. 1150. important. There is going to be action would never ask the Senate to vote on Mr. SESSIONS. Mr. President, I ask on that later this evening. They had both, but I would like to offer both. unanimous consent that reading of the Mr. DURBIN. Madam President, I initially asked us if we could conclude amendment be dispensed with. will renew my unanimous consent re- at 4 o’clock. We have been trying to The PRESIDING OFFICER. Without quest and see if the Senator from Ala- conclude so that Members who want to objection, it is so ordered. address the supplemental would be able bama will find it acceptable. The amendment is as follows: to address the supplemental. That is I ask unanimous consent that Sen- (Purpose: To save American taxpayers up to ator SESSIONS be recognized to offer basically the reason for that. We have $24 billion in the 10 years after passage of been here, as the Senator from Penn- two amendments and be given up to 15 this Act, by preventing the earned income sylvania knows, ready to do business minutes to speak to those amend- tax credit, which is, according to the Con- since 9:30 this morning. We were glad ments; that following his remarks, the gressional Research Service, the largest to. I had hoped—and I apologize to the Senate resume consideration of the anti-poverty entitlement program of the Senator from Vermont because we were Sanders amendment and there be 2 Federal Government, from being claimed all set to have a rollcall on that. Then minutes of debate prior a vote in rela- by Y temporary workers or illegal aliens it appeared it might have been accept- tion to that amendment, equally di- given status by this Act until they adjust ed. I was asked, requested by Senators vided, with no second-degree amend- to legal permanent resident status) to hold for a few moments to see ments in order to the Sanders amend- At the appropriate place, insert the fol- whether it could not have been cleared. ment prior to the vote. lowing: I could ask unanimous consent that The PRESIDING OFFICER. Is there SEC. llll. 5-YEAR LIMITATION ON CLAIMING objection? EARNED INCOME TAX CREDIT. the amendments of the Senator from Section 403(a) of the Personal Responsi- Alabama be considered on Tuesday at a Without objection, it is so ordered. Mr. DURBIN. I thank the Senator bility and Work Opportunity Reconciliation time agreeable to him. Act of 1996 (8 U.S.C. 1613) is amended by in- The PRESIDING OFFICER. The Sen- from Alabama. serting ‘‘, including the tax credit provided ator from Alabama. The PRESIDING OFFICER (Mr. under section 32 of the Internal Revenue Mr. SESSIONS. Madam President, WHITEHOUSE). The Senator from Ala- Code (relating to earned income),’’ after there will be a number of amendments bama. ‘‘means-tested public benefit’’. I would like to have considered and a Mr. SESSIONS. Mr. President, I sa- Mr. SESSIONS. Mr. President, one of number of others that need to be con- lute the Senator from Illinois for his the more significant ramifications of sidered after we come back. expertise in extracting that agreement the immigration bill that is on the I would just reluctantly state that if from this confusion. floor today is that it will confer imme- we have a vote, I would need and re- AMENDMENT NO. 1234 TO AMENDMENT NO. 1150 diately on persons in our country ille- quest that my vote be also tonight; Mr. President, I ask that the pending gally the benefit of the earned-income otherwise, I would object to the unani- amendment be set aside and I send an tax credit. This is not a little bitty mous consent request. amendment to the desk. matter. The earned-income tax credit Mr. DURBIN. Madam President, will The PRESIDING OFFICER. The is the largest aid program for low-wage the Senator from Alabama yield? clerk will report. workers in America. Last year, the Mr. SESSIONS. I am pleased to yield. The legislative clerk read as follows: The PRESIDING OFFICER. The Sen- earned-income tax credit benefitted The Senator from Alabama [Mr. SESSIONS] over 22 million people who. The aver- ator from Illinois. proposes an amendment numbered 1234 to Mr. DURBIN. Madam President, I say amendment No. 1150. age recipient who receives a benefit under the earned-income tax credit re- to the Senator, I have been informed Mr. SESSIONS. Mr. President, I ask ceives over $1,700 per year—a very gen- by staff that his amendment has not unanimous consent that reading of the erous event. Last year, we spent $41.2 been filed, and we have not seen a copy amendment be dispensed with. of it. Senator FEINGOLD, who earlier The PRESIDING OFFICER. Without billion on the Earned Income Tax Cred- had an amendment, stepped aside so objection, it is so ordered. it. Senator SANDERS would have his The amendment is as follows: What this bill would do, for the peo- chance. I say to the Senator from Ala- (Purpose: To save American taxpayers up to ple who are here illegally, is confer on bama, it appears some who have been $24 billion in the 10 years after passage of them a Z status, a legal status, and waiting all day are looking for a this Act, by preventing the earned income under the impact of the legislation, chance for a vote, and the Senator tax credit, which is, according to the Con- these individuals would immediately from Alabama is asking for consider- gressional Research Service, the largest become eligible for the earned-income ation of an amendment that has not anti-poverty entitlement program of the tax credit. been filed and we have not seen. Federal Government, from being claimed Let me tell you why this is not good Madam President, I say to the Sen- by Y temporary workers or illegal alients policy, it is not required by morality, given status by this Act until they adjust and it certainly is not required of Con- ator, could I ask unanimous consent to legal permanent resident status) gress as a matter of law or policy. The that the Senator from Alabama be rec- At the appropriate place, insert the fol- ognized to offer an amendment and lowing: earned-income tax credit was created that he then be recognized for up to 15 SEC. llll. LIMITATION ON CLAIMING EARNED in 1975 to provide extra income to the minutes; that following his remarks, INCOME TAX CREDIT. working poor. Before welfare reform the Senate resume consideration of the Any alien who is unlawfully present in the particularly, there was a widespread Sanders amendment and there be 2 United States, receives adjustment of status understanding that many people could minutes of debate prior to a vote in re- under section 601 of this Act (relating to not work, could stay at home, draw a lation to the Sanders amendment, with aliens who were illegally present in the panoply of welfare benefits, and end up United States prior to January 1, 2007), or no second-degree amendment in order enters the United States to work on a Y visa making more money not working than to the Sanders amendment prior to the under section 402 of this Act, shall not be eli- working. It was creating a disincentive vote? gible for the tax credit provided under sec- to work. The PRESIDING OFFICER. The Sen- tion 32 of the Internal Revenue Code (relat- Back when President Nixon was ator from Alabama. ing to earned income) until such alien has President, Republicans—and I guess

VerDate Aug 31 2005 03:02 May 25, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.102 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6621 Democrats—moved forward with the fits, such as food stamps—which would American businesses to take a chance earned-income tax credit. It has grown not be affected by my amendment— on those people. We need to help them and become a major factor for low- health care for children, and, of course, get their lives together and establish a wage working Americans. The whole anyone who goes into a hospital who good work history and start making concept behind the earned-income tax has an emergency need will be treated some money. The earned-income tax credit was to encourage Americans to whether they have insurance or legal credit comes in as a refundable tax work, to affirm their work, to provide status or not. So their children would credit on top of that as a real bonus to aid and assistance to them, unlike wel- be educated in our school systems. All them, and that is good. But it should fare. It is tied to their work. Now, I those things would occur. Nothing not be an attraction to draw people have to tell you, I have looked at it, would impact those things. But it is into our country because most of the and I do not think it is achieving quite not correct as a matter of law, as a persons who come into America as an what we want it to do. In fact, I would matter of principle, and certainly it is illegal immigrant, at least in the first like to change that and have suggested not a matter of fiscal responsibility for years, tend to make the salary levels it over the years but, regardless, that this Congress to pass an immigration that qualify for the earned-income tax is the deal. reform bill that confers another $18 bil- credit. So there will be a disproportion- So how is it, then, that we would lion to $20 billion in earned-income tax ately high number of persons who will think we have an obligation to provide, credit on people whom we just re- qualify for that. as a reward to someone who came to warded with permanent residence in I see my time is about up. I will re- our country illegally, a benefit they our country. That is not required. luctantly accept having a vote, as Sen- are not now receiving, did not expect There is no requirement of that. ator KENNEDY suggested we can do to receive when they came to the coun- The Congressional Research Service early in the next week when we come try, legally or illegally, and then, just describes the EITC in this way: back, if that will help move us along as an additional benefit and reward to The earned income tax credit began in 1975 tonight. But I want to tell my col- their legalization, we provide a $1,700- as a temporary program— leagues to think about this amend- per-year benefit? It does not make good Typical of Washington, isn’t it, that ment—really think about it. This is sense to me. I think it is bad policy, we start something that is temporary, not a harsh amendment. This is not an and it has a huge impact on our bottom and it is $40 billion a year now— amendment to hurt anybody. It is an line in the budget we have to deal with. to return a portion of the Social Security amendment that says: OK, if you are in I also note that in 1996, when we taxes paid by lower-income taxpayers and our country, just like the 1996 Welfare passed the Welfare Reform Act, after was made permanent in 1978. In the 1990s the Reform Act said, and you qualify for much effort and work—President Clin- program was transformed into a major com- the Z visa under this amnesty program, ton vetoed it twice but finally signed ponent of Federal efforts to reduce poverty or whatever you would like to call it—an effort was made to ensure that and is now the largest antipoverty entitle- what we have in this bill, you are not persons who obtained a green card did ment program. automatically eligible for the earned- not receive means-tested benefits until I bet most Americans did not know income tax credit. We absolutely at least they had a green card for 5 that the EITC is the largest entitle- should not allow that to happen. It is years. In other words, if you were com- ment program on the books. not necessary. It is not right to do so. ing to our country as an immigrant, we Now, I have had a fairly positive view It is a raid on the Treasury of the wanted to be sure you were not coming of the earned-income tax credit. I United States. It draws money from for welfare benefits, but to work, and think in many ways it is a good philos- people who have paid taxes for years. that you would not receive means-test- ophy to help Americans get out, get I would have to note, under the bill ed benefits until you had a green card moving, make some work. They often that is on the Senate floor, the immi- for at least 5 years. start out at lower wage jobs, and it gration bill before us, are individuals So what happened was, when they sounds bad sometimes for them, and who have been here illegally, some of wrote that, it did not touch the earned- they are not making enough to get by. whom may have made nice incomes income tax credit. I guess that is a Fi- This earned-income tax credit can real- and are absolved from paying a portion nance Committee matter. It is a tax ly be a benefit to them, and if they of their back taxes. So they don’t even committee matter. It was not consid- stay at that job, if they work at it, if pay all back taxes. Then we are going ered a normal welfare-type payment, they are responsible and they come to to give them, immediately, the next and that was not included in the list of work on time and do their duty effec- year, an earned-income tax credit that things a person was not allowed to get. tively, most people in America get pro- could be a very substantial amount of But, in my own mind, I say to my col- moted. Their wages go up, and they do money, and that comes right out of the leagues, it is perfectly consistent in better and better. So I do not think it taxpayers’ pockets, a billion here and a philosophy and in principle with that is a bad program, but it is a very ex- billion there and a billion here and a because the earned-income tax credit is pensive program, and for a number of billion there. It does add up, and it is a payment from the Federal Govern- reasons it could be operated better. significant. ment to working Americans. You file a I will again say to my colleagues, I So I would urge my colleagues to tax return and obtain the Earned In- am not of the belief that it is required consider this and hope that they will. come Tax Credit after a year’s work. of us that we should confer on persons I also wanted to express my support When your work shows your income who came into our country illegally for Senator HUTCHISON for the analysis level was below a certain level in every single benefit we confer on those on Social Security of persons who come America, you reach a qualifying level, who wait in line and come to our coun- here to work and who violate their and you get a tax refund of $1,700, try legally. I just do not think that is stays and overstay, that they should $1,000, $2,400, depending on the cir- required. One of the things in par- not receive the full benefit of Social cumstances of yourself and your fam- ticular I would suggest not to be con- Security. One of the things you have to ily. So that is what happens today for ferred—should not be conferred—upon have if you are going to have an effec- working Americans. The individuals them is the extensive benefits of the tive immigration policy is you must who are in our country illegally at this earned-income tax credit. have a situation in which you don’t re- moment have not been expecting to get In other words, we do not want to at- ward people for bad behavior, for heav- that, have not been getting it unless tract people to America on things en’s sake. We certainly are not very they are filing fraudulently, and they other than their wages and salary. We good at apprehending people who vio- should not get it. They should not get have enough people who need help in late the law, who either came in ille- it as an additional benefit to receiving America. We have a lot of people out gally or overstayed and removed them a Z visa, which allows them permanent there working who, frankly, maybe did from the country, but surely we ought residence in the United States and a not have a good home life. They have to set up a system that says if you vio- pathway to citizenship. not been as reliable as they should late the law, the way you come or stay That Z visa would also allow them to have been. Maybe they have gotten in here, you don’t get Federal taxpayer obtain quite a number of other bene- trouble a time or two. We need our benefits and a reward as a result of

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And they So that worries me. actly the same income tax that every should not have to pay for the sins of Senator CORNYN, who spoke earlier other worker earning the same pay and their parents. and very effectively, asked me to make supporting the same size family pays— f this note for the record; that his modi- no less and no more. We should not be SUPPLEMENTAL APPROPRIATIONS fication corrected—he stated in his re- designing a special punitive Tax Code marks that he made a modification to for immigrants that makes them more Mr. President, this so-called com- his amendment to correct the page than everyone else. Yet that is exactly promise doesn’t do nearly enough to number. He also wanted to make clear what the Sessions amendment seeks to end the war, and I intend to vote that he did also include a technical do. against it. I support our troops. They correction beyond that, and he didn’t The Session amendment would result have fought bravely and with great want to mislead anyone. He asked that in highly inconsistent treatment of courage under extraordinarily difficult I clarify that for him so that there legal immigrant residents, and would circumstances. But it is wrong for the would be no dispute about that. drastically increase the amount of tax President to send our troops to war Also, some people have suggested that many of these families had to pay. without a plan to win the peace, and it that the CORNYN amendment would They would be subject to income and is wrong for Congress to keep them in amount to an unconstitutional ex post payroll taxes in the same manner as harm’s way on the current failed facto rule because of its retroactive ap- other workers but would be denied the course. plication. Now, that is a pretty harsh use of a key element of the Tax Code The best way to protect our troops is thing to say about Judge CORNYN. Sen- that is intended to offset the relatively to bring this war to an end, not to pour ator CORNYN served on the Supreme heavy tax burdens that low-income more American lives into this endless Court of the State of Texas and he working families, especially those with black hole our Iraq policy has become. would just suggest this: In order for children, otherwise would face. It is wrong for Congress to continue to any immigration provision to have im- Most of the EITC is simply a tax defer to a Presidential decision that we mediate effect, it is imperative that credit for the payment of other taxes, know is fatally flawed. they apply to the conduct and convic- especially regressive payroll taxes. The The American people know this war tions that occurred before enactment. EITC was specifically designed to off- is wrong. It is wrong to abdicate our The PRESIDING OFFICER. The Sen- set the payroll tax burden on low-in- responsibilities by allowing this war to ator has used his 15 minutes. come working parents. The Treasury drag on and on and on while our cas- Mr. SESSIONS. Mr. President, I ask Department has estimated that a large ualties mount higher and higher. The unanimous consent for 1 more minute, majority of the EITC merely com- President was wrong to get us into this and I will wrap up. pensates for a portion of the federal in- war, wrong to conduct it so poorly, The PRESIDING OFFICER. Without come, payroll, and excise taxes paid by wrong to ignore the views of the Amer- objection, it is so ordered. the low-income tax filers who qualify ican people, and wrong to stubbornly Mr. SESSIONS. So, also, I would note to receive it. refuse to sign legislation requiring a on behalf of Senator CORNYN’s amend- A significant share of families that timetable for the orderly and respon- ment that if prior conduct and convic- receive the EITC owe federal income sible withdrawal of our combat troops tions were not covered, you would have tax before the EITC is applied, in addi- from Iraq. an immigration regime that essen- tion to paying payroll taxes. Low-in- It is time to end this continuing tially welcomes the following people, come working immigrant families in tragic loss of American lives and begin and this is not how the immigration this category who would be denied the to bring our soldiers home. system should operate. For example, as EITC under the Sessions Amendment For the sake of our troops, we cannot recently as 2005—I see my time is up, would consequently face a dramatic in- repeat the mistakes of Vietnam and and I won’t go into that. I will just crease in their income tax bill, requir- allow this war to drag on long after the note that Senator CORNYN’s amend- ing them to pay much higher taxes American people know it is a profound ment as he offered it will meet con- than other taxpayers with similar mistake. stitutional muster, and it is not sub- earnings. Mr. President, how much time do I ject to the criticism some have sug- Other families with even less income have? gested, and please do support it. would not receive a refund to offset the The PRESIDING OFFICER. There is I thank the Chair, and I yield the disproportionately large payroll taxes 3 minutes 20 seconds. floor. they paid, unlike other workers with Mr. KENNEDY. Mr. President, before The PRESIDING OFFICER. The Sen- comparable wages and dependents. yielding so we can have a vote on the ator from Massachusetts is recognized. To qualify for the EITC, under cur- amendment of the Senator from Mr. KENNEDY. Mr. President, I ask rent law, a taxpayer must satisfy the Vermont, I would like to respond to my unanimous consent that I be able to following criteria: 1., Be a US citizen or friend from Alabama regarding the proceed for 5 minutes. legal resident; 2., have a valid Social earned-income tax credit. The PRESIDING OFFICER. Without Security number for both the worker The earned-income tax credit is to objection, it is so ordered. and any qualifying children; 3., have help children—help children. Of all the Mr. KENNEDY. Mr. President, all of earned income from employment or industrialized nations of the world, we the men and women who would become self-employment; 4., have total income have more children living in poverty legal residents of the United States that falls below a certain level, and; 5., than any other Nation in the world. under the terms of this legislation are file an income tax return. The earned-income tax credit is to help required to pay income tax like every Current law already clearly prohibits the children. They are not the other worker in America. What the illegal immigrants from receiving the lawbreakers; the parents are the Sessions amendment would do is really EITC. No immigrant can receive the lawbreakers. Yet this amendment will quite extraordinary and grossly unfair. earned income tax credit unless he or take it out on the children. It would arbitrarily deny those immi- she is a legal resident who is a low We don’t do it for those who have grants who have become legal residents wage worker paying payroll taxes and committed murder and gone to prison. one of the tax benefits available to filing an income tax return. These are We don’t do it for those who have com- every taxpayer under the Internal Rev- men and women who are conscien- mitted aggravated assault. We don’t do enue Code. That provision is the tiously fulfilling their responsibilities it for those who commit burglary, but earned-income tax credit, a provision to their adopted country and they de- we are going to do it for those who designed to reduce the I tax burden on serve to be treated like all other work- have been adjusted in terms of their low income families with children. ers in America. status of being illegal. That is what the

VerDate Aug 31 2005 04:21 May 25, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.106 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6623 Sessions amendment does. We don’t do The yeas and nays have been ordered. The PRESIDING OFFICER. Without it for murderers, we don’t do it for bur- The clerk will call the roll. objection, it is so ordered. glars, we don’t do it for those who have The legislative clerk called the roll. Mr. KENNEDY. Mr. President, the committed the most egregious crimes, Mr. DURBIN. I announce that the Senator from Connecticut wishes to but we are going to do it in terms of Senator from South Dakota (Mr. JOHN- propound a unanimous consent request, those whose positions we are changing SON) and the Senator from New York and then I will propound a unanimous and altering in terms of their adjust- (Mr. SCHUMER) are necessarily absent. consent request that we will have 2 ment of status. Mr. LOTT. The following Senators minutes evenly divided between the The people who are affected by it are are necessarily absent: the Senator Senator from Louisiana and myself, the children. It doesn’t seem to be the from Kansas (Mr. BROWNBACK), the and then I expect we will have a roll- way we ought to go. But we will have Senator from Utah (Mr. HATCH), the call vote up or down on the Vitter a longer period of time to debate this Senator from Arizona (Mr. MCCAIN), amendment. at another time. and the Senator from Wyoming (Mr. Mr. LIEBERMAN. Mr. President, I AMENDMENT NO. 1223 THOMAS). ask unanimous consent to set aside the I believe now we are prepared to vote, Further, if present and voting, the pending amendment so I might call up and I suggest that we get to it as Senator form Utah (Mr. HATCH) would an amendment and then set it aside. quickly as we can so that we don’t have voted: ‘‘nay.’’ The PRESIDING OFFICER. Without The PRESIDING OFFICER. Are there have other interference. objection, it is so ordered. The PRESIDING OFFICER. The Sen- any other Senators in the Chamber de- AMENDMENT NO. 1191 TO AMENDMENT NO. 1150 ator from Vermont is recognized. siring to vote? (Purpose: To provide safeguards against Mr. SANDERS. Mr. President, I will The result was announced—yeas 59, faulty asylum procedures and to improve nays 35, as follows: be very brief. I thank Senator DURBIN conditions of dention) and Senator KENNEDY for their support. [Rollcall Vote No. 179 Leg.] Mr. LIEBERMAN. Mr. President, I This amendment has been modified. YEAS—59 call up amendment No. 1191. The H–1B program would increase from Akaka Grassley Murray The PRESIDING OFFICER. The $1,500 to $5,000, a $3,500 increase. The Alexander Harkin Nelson (FL) clerk will report. Biden Inouye Obama The legislative clerk read as follows: new revenue, as I mentioned earlier, Bingaman Kennedy Pryor would be used to establish a scholar- Boxer Kerry Reed The Senator from Connecticut [Mr. ship program so we can begin to see Brown Klobuchar Reid LIEBERMAN] proposes an amendment num- young Americans get the education Byrd Kohl Rockefeller bered 1191 to amendment No. 1150. Cantwell Kyl Salazar they need for these professions so that Cardin Landrieu Mr. LIEBERMAN. Mr. President, I Sanders Carper Lautenberg ask unanimous consent that the read- we do not have to go abroad to bring Sessions Casey Leahy people in to do the jobs that American Shelby ing of the amendment be dispensed Clinton Levin with. workers should be doing. Cochran Lieberman Snowe I would appreciate support for this Conrad Lincoln Specter The PRESIDING OFFICER. Without amendment. Dodd Lugar Stabenow objection, it is so ordered. Dorgan Martinez Stevens (The amendment is printed in today’s Mr. KENNEDY. I ask unanimous con- Tester Durbin McCaskill RECORD under ‘‘Text of Amendments.’’) sent for 1 more minute. Feingold Menendez Webb The PRESIDING OFFICER. Without Feinstein Mikulski Whitehouse Mr. LIEBERMAN. Mr. President, I objection, it is so ordered. Graham Murkowski Wyden have come to the floor to speak about Mr. KENNEDY. I want to commend NAYS—35 my amendment to improve our Na- the Senator from Vermont for this tion’s treatment of asylum seekers. Allard Cornyn Isakson This amendment would implement amendment. I intend to support it. Baucus Craig Lott Years ago I thought we ought to have Bayh Crapo McConnell the key recommendations of the con- it at $3,000. It went down to $1,000, and Bennett DeMint Nelson (NE) gressionally established U.S. Commis- Bond Dole it has come back up to $1,500. The Sen- Roberts sion on International Religious Free- Bunning Domenici Smith ator has brought this up to a much Burr Ensign dom, which 2 years ago issued a report Sununu raising serious concerns about the pro- more reasonable amount. I think he Chambliss Enzi Thune Coburn Gregg Vitter tections offered asylum seekers arriv- has made a very strong case for it. Coleman Hagel Voinovich ing in this country. These funds will be used to make sure Collins Hutchison Warner I think it is worth noting that the we get Americans being able to do Corker Inhofe Commission that issued this report was those jobs. That is what the purpose is: NOT VOTING—6 established by Congress in 1998 as a re- to see we have Americans able to do Brownback Johnson Schumer sult of legislation first introduced by those jobs, those H–1B jobs. It makes a Hatch McCain Thomas Senator SPECTER, in concert with the great deal of sense. I commend the Sen- The amendment (No. 1223), as modi- efforts of Senators NICKLES, ator. fied, was agreed to. BROWNBACK, myself, and several others. There is one provision in here on the Mr. DURBIN. I move to reconsider public hospitals, and I know he will Senator SPECTER should be proud of the vote. that work and accomplishment. I hope work with us to try to address that in Mr. LEAHY. I move to lay that mo- we can see this amendment as one of the conference, and I thank him for it. tion on the table. I hope the Senate will support his The motion to lay on the table was the fruits of that labor. The Commission reported an unac- amendment. agreed to. I think we are prepared to vote on The PRESIDING OFFICER. The Sen- ceptable risk that genuine asylum this amendment. I ask for the yeas and ator from Massachusetts. seekers were being turned away be- nays. Mr. KENNEDY. Mr. President, we are cause their fears—and the real dan- The PRESIDING OFFICER. Is there a anticipating a vote in the next 2 or 3 gers—of being returned to their home sufficient second? minutes. We will inform the Members countries were not fully considered. There appears to be a sufficient sec- about that decision. We are checking The Commission also found that ond. with the leadership at the present while asylum seekers are having their The Senator from Pennsylvania is time. applications considered, they are often recognized. Mrs. BOXER. Mr. President, I suggest detained for months in maximum secu- Mr. SPECTER. Mr. President, just a the absence of a quorum. rity prisons and jails, without ever word or two. I think it is a good The PRESIDING OFFICER. The having been fairly considered for re- amendment. I commend the Senator clerk will call the roll. lease on bond. The Commission de- from Vermont. I urge my colleagues to The assistant legislative clerk pro- scribed conditions of detention that are support it. ceeded to call the roll. completely unacceptable for a just na- The PRESIDING OFFICER. The Mr. KENNEDY. Mr. President, I ask tion to impose on people who are try- question is on agreeing to the amend- unanimous consent that the order for ing to escape war, oppression, religious ment. the quorum call be rescinded. persecution, even torture.

VerDate Aug 31 2005 02:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.107 S24MYPT1 bajohnson on PRODPC74 with SENATE S6624 CONGRESSIONAL RECORD — SENATE May 24, 2007 Since the Commission’s report was AMENDMENT NO. 1157 Americans understand that this is a issued, I have routinely asked officials Mr. KENNEDY. Mr. President, we complex problem that requires a com- from the Department of Homeland Se- have 1 minute each side. This will be prehensive solution. curity what is being done about the the final vote on the immigration bill Mr. President, this is not 1986; 1986 problems the Commission identified. I this week. We have had great coopera- was amnesty. This is not amnesty. have been assured that the Department tion. We are enormously grateful to all Let’s be very clear about it. Not only was reviewing the report’s findings. the Members. do you have to have a background The time for review is over. The time The PRESIDING OFFICER. The Sen- check, but you pay fees of $5,500, you for Congress to act is now. ator from Louisiana. have to learn English, you have to My amendment will implement the Mr. VITTER. Mr. President, my demonstrate you paid your taxes, you Commission’s most important rec- amendment is very simple, it is very have to work for the next 8 years and ommendations. It calls for sensible re- straightforward, and it is very impor- demonstrate that you have worked in forms that will safeguard the Nation’s tant. It strikes title VI from the bill, the past if you are ever going to get a security, improve the efficiency of our which is the very controversial Z visa green card. You have to return home in immigration detention system, and en- provision. order to get your application for a sure that people fleeing persecution are In my opinion, and the opinion of green card, and you have to go to the treated in accordance with this Na- many people, many Americans, this is back of the line. None of that was 1986. tion’s most basic values. amnesty purely and simply, and that Legalization is important for our na- My amendment would implement conclusion is important not because of tional security. We have to know who quality assurance procedures to ensure a brand, not because of the word but is in the United States of America. Le- that DHS officers carefully and accu- because of what it means and what it galization is important in terms of our rately record the statements of people will create. economic prosperity so our economy who may have a legitimate fear of re- It will create a magnet to increase il- can function well, and legalization is turning to their countries. legal activity into the country, to en- important for the families. Do we Asylum seekers not subject to man- courage more of the same, more of the think we are going to deport 3.5 million datory detention would be entitled to a problem and not solve the problem. American children who have parents hearing to determine if they could be That is why we must remove this title who are undocumented? Are we going released. Providing bond hearings for from the bill. to send those people overseas? those asylum seekers who are low-risk The key question in this debate is This amendment will undermine the will free up detention beds. will this bill fundamentally repeat the At an average cost of $90 per person legislation. I hope it will be rejected by horrible mistakes of 1986 when we did per day, often much higher, detention the Senate. amnesty but not nearly enough en- beds have always been scarce. Provi- I ask for the yeas and nays, Mr. forcement. I believe this bill, as it sions in the Senate legislation before President. stands now, repeats that horrible mis- us would vastly increase the numbers The PRESIDING OFFICER. Is there a take. of aliens being held in detention. Our sufficient second? The PRESIDING OFFICER. The Sen- immigration system should prioritize There is a sufficient second. ator’s time has expired. available space for aliens who pose a The question is on agreeing to The Senator from Massachusetts. risk of flight, a threat to public safety amendment No. 1157. The clerk will Mr. KENNEDY. Mr. President, legal- or are subject to mandatory detention. call the roll. ization is good for national security. The amendment also promotes secure The assistant legislative clerk called alternatives to detention of the type We need to know the names of every- the roll. DHS has already begun to implement. one living here. That is why the De- Mr. DURBIN. I announce that the For those who must remain detained, partment of Homeland Security sup- Senator from South Dakota (Mr. JOHN- we are obliged as a compassionate soci- ports earned legalization. All of title SON) and the Senator from New York ety to provide humane conditions at VI was written with the close coopera- (Mr. SCHUMER) are necessarily absent. immigration facilities and jails used by tion of Secretary Chertoff and his staff. Mr. LOTT. The following Senators DHS. My amendment includes modest Legalization is good for our economic are necessarily absent: the Senator requirements to ensure decent condi- prosperity. We need every worker in from Kansas (Mr. BROWNBACK), the tions, especially for asylum seekers, this country to join the formal econ- Senator from Utah (Mr. HATCH), and families with children, and other vul- omy and pay their taxes. That’s why the Senator from Wyoming (Mr. THOM- nerable populations. It requires im- the Department of Commerce supports AS). provements in key areas, such as ac- earned legalization. All of title VI was The PRESIDING OFFICER (Mr. NEL- cess to medical care and limitations on written with the close cooperation of SON of Florida). Are there any other the use of solitary confinement. And it Secretary Gutierrez and his staff. Senators in the Chamber desiring to creates a more effective system within Legalization is consistent with vote? DHS for overseeing and inspecting fa- American family values. Would oppo- The result was announced—yeas 29, cilities. nents of legalization deport children nays 66, as follows: and divide families? The origin of the United States is [Rollcall Vote No. 180 Leg.] More than 1.6 million undocumented that of a land of refuge. Many of our YEAS—29 Nation’s founders fled here to escape children live in the United States. More than 3.1 million U.S.-citizen Alexander DeMint Pryor persecution for their political opinions, Allard Dole Roberts their ethnicity, and their religion. children have at least one undocu- Baucus Dorgan Rockefeller Since that time, the United States has mented parent. Bond Enzi Sessions honored its history and founding val- Legalization supports our broader re- Bunning Grassley Shelby form effort. We must break America’s Byrd Inhofe Sununu ues by standing against persecution Coburn Landrieu cycle of illegality. Enforcement at the Tester around the world, offering refuge to Cochran McCaskill Thune Corker McConnell those who flee from oppression, and worksite and elsewhere will fail if 12 Vitter welcoming them as contributors to a million Americans and 5 percent of Crapo Nelson (NE) democratic society. U.S. workers remain in the shadows. NAYS—66 I hope this amendment will be viewed The American people support earned Akaka Casey Ensign as a noncontroversial way the Nation legalization. Poll after poll find that Bayh Chambliss Feingold can continue to honor that history. large majorities of Americans want un- Bennett Clinton Feinstein Biden Coleman Graham Mr. President, I ask unanimous con- documented immigrants who have Bingaman Collins Gregg sent that my amendment be set aside lived and worked in the United States Boxer Conrad Hagel and that the Senate return to the pre- to have a chance to keep their jobs and Brown Cornyn Harkin earn legal status. Burr Craig Hutchison vious order. Cantwell Dodd Inouye The PRESIDING OFFICER. Without This support spans political parties Cardin Domenici Isakson objection, it is so ordered. and crosses demographics. Carper Durbin Kennedy

VerDate Aug 31 2005 02:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.026 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6625 Kerry Martinez Sanders metrics, and/or complies with the require- established pursuant to subparagraph (A) to Klobuchar McCain Smith ments for such documentation under the the Committee on the Judiciary of the Sen- Kohl Menendez Snowe REAL ID Act; and ate and the Committee on the Judiciary of Kyl Mikulski Specter (B) an electronic employment eligibility the House of Representatives. Lautenberg Murkowski Stabenow verification system that queries federal and (b) AUTHORIZATION OF APPROPRIATIONS.— Leahy Murray Stevens (1) U.S. CUSTOMS AND BORDER PROTECTION Levin Nelson (FL) Voinovich state databases to restrict fraud, identity theft, and use of false social security num- OFFICERS.—There are authorized to be appro- Lieberman Obama Warner priated to the Secretary such sums as may Lincoln Reed Webb bers in the hiring process by electronically Lott Reid Whitehouse providing a digitized version of the photo- be necessary for each of the fiscal years 2008 Lugar Salazar Wyden graph on the employee’s original federal or through 2012 to carry out paragraph (1) of subsection (a). NOT VOTING—5 state issued document or documents for verification of the employee’s identity and (2) DEPUTY UNITED STATES MARSHALS.— Brownback Johnson Thomas work eligibility; and There are authorized to be appropriated to Hatch Schumer (5) PROCESSING APPLICATIONS OF ALIENS.— the Attorney General such sums as may be The amendment (No. 1157) was re- The Department of Homeland Security has necessary for each of the fiscal years 2008 received and is processing and adjudicating through 2012 to carry out subsection (a)(3). jected. ORDER PATROL AGENTS.—Section 5202 of in a timely manner applications for Z non- (3) B Mr. KENNEDY. Mr. President, I the Intelligence Reform and Terrorism Pre- immigrant status under Title VI of this Act, move to reconsider the vote. vention Act of 2004. (118 Stat. 3734) is amend- including conducting all necessary back- Mrs. MURRAY. I move to lay that ed to read as follows: ground and security checks. motion on the table. (b) It is the sense of Congress that the bor- ‘‘SEC. 5202. INCREASE IN FULL—TIME BORDER The motion to lay on the table was der security and other measures described in PATROL AGENTS. ‘‘(a) ANNUAL INCREASES.—The Secretary of agreed to. such subsection can be completed within 18 Homeland Security shall, subject to the months of enactment, subject to the nec- f availability of appropriations for such pur- essary appropriations. TEXT OF AMENDMENT SUBMITTED (c) The President shall submit a report to pose, increase the number of positions for full-time active duty border patrol agents MONDAY, MAY 21, 2007 Congress detailing the progress made in funding, appropriating, contractual agree- within the Department of Homeland Secu- SA 1150. Mr. REID (for Mr. KENNEDY ments reached, and specific progress on each rity (above the number of such positions for (for himself and Mr. SPECTER)) pro- of the measures included in (a)(1)–(5): which funds were appropriated for the pre- posed an amendment to the bill S. 1348, (1) 90 days after the date of enactment; and ceding fiscal year), by not less than— (2) every 90 days thereafter until the terms ‘‘(1) 2,000 in fiscal year 2007; to provide for comprehensive immigra- ‘‘(2) 2,400 in fiscal year 2008; tion reform and for other purposes; as of this section have been met. ‘‘(3) 2,400 in fiscal year 2009; If the President determines that sufficient ‘‘(4) 2,400 in fiscal year 2010; follows: progress is not being made, the President ‘‘(5) 2,400 in fiscal year 2011; and Strike all after the enacting clause and in- shall include in the report specific funding ‘‘(6) 2,400 in fiscal year 2012. sert the following: recommendations, authorization needed, or ‘‘(b) NORTHERN BORDER.—In each of the fis- SECTION 1. EFFECTIVE DATE TRIGGERS. other actions that are being undertaken by cal years. 2008 through 2012, in addition to (a) With the exception of the probationary the Department. the border patrol agents assigned along the northern border of the United States during benefits conferred by section 601(h), the pro- TITLE I—BORDER ENFORCEMENT the previous fiscal year, the Secretary shall visions of subtitle C of title IV, and the ad- SUBTITLE A—ASSETS FOR CONTROLLING assign a number of border patrol agents mission of aliens under Section UNITED STATES BORDERS. 101(a)(15)(H)(ii) of the Immigration and Na- equal to not less than 20 percent of the net SEC. 101. ENFORCEMENT PERSONNEL. tionality Act (8 U.S.C. 1101(a)(15)(H)(ii)), as increase in border patrol agents during each (a) ADDITIONAL PERSONNEL.— such fiscal year. amended by title IV, (1) U.S. CUSTOMS AND BORDER PROTECTION (1) the programs established by title IV of ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— OFFICERS.—In each of the fiscal years 2008 There are authorized to be appropriated such this Act; and through 2012, the Secretary shall, subject to (2) the programs established by title VI of sums as may be necessary for each of fiscal the availability of appropriations, increase years 2008 through 2012 to carry out this sec- this Act that grant legal status to any indi- by not less than 500 the number of positions vidual or adjust the current status of any in- tion.’’. for full-time active duty CBP officers and SEC. 102. TECHNOLOGICAL ASSETS. dividual who is unlawfully present in the provide appropriate training, equipment, and United States to that of an alien lawfully ad- (a) ACQUISITION.—Subject to the avail- support to such additional CBP officers. ability of appropriations for such purpose, mitted for permanent residence, (2) INVESTIGATIVE PERSONNEL.— shall become effective on the date that the the Secretary shall procure additional un- (A) IMMIGRATION AND CUSTOMS ENFORCE- manned aerial vehicles, cameras, poles, sen- Secretary submits a written certification to MENT INVESTIGATORS.—Section 5203 of the In- the President and the Congress that the fol- sors, and other technologies necessary to telligence Reform and Terrorism Prevention achieve operational control of the borders of lowing border security and other measures Act of 2004 (Public Law 108–458; 118 Stat. 3734) are funded, in place, and in operation: the United States. is amended by striking ‘‘800’’ and inserting (b) INCREASED AVAILABILITY OF EQUIP- (1) STAFF ENHANCEMENTS FOR BORDER PA- ‘‘1000’’. MENT.—The Secretary and the Secretary of TROL.—The U.S. Customs and Border Protec- (B) ADDITIONAL PERSONNEL.—In addition to tion (CBP) Border Patrol has, in its contin- Defense shall develop and implement a plan the positions authorized under section 5203 of to use authorities provided to the Secretary ued effort to increase the number of agents the Intelligence Reform and Terrorism Pre- and support staff, hired 18,000 agents; of Defense under chapter 18 of title 10, vention Act of 2004, as amended by subpara- United States Code, to increase the avail- (2) STRONG BORDER BARRIERS.—Have in- graph (A), during each of the fiscal years 2008 stalled at least 200 miles of vehicle barriers, ability and use of Department of Defense through 2012, the Secretary shall, subject to equipment, including unmanned aerial vehi- 370 miles of fencing, and 70 ground-based the availability of appropriations, increase radar and camera towers along the southern cles, tethered aerostat radars, and other sur- by not less than 200 the number of positions veillance equipment, to assist the Secretary land border of the United States, and have for personnel within the Department as- deployed 4 Unmanned Aerial Vehicles and in carrying out surveillance activities con- signed to investigate alien smuggling. ducted at or near the international land bor- supporting systems; (3) DEPUTY UNITED STATES MARSHALS.—In ders of the United States to prevent illegal (3) CATCH AND RETURN.—The Department of each of the fiscal years 2008 through 2012, the Homeland Security is detaining all remov- immigration. Attorney General shall, subject to the avail- (c) AUTHORIZATION OF APPROPRIATIONS.— able aliens apprehended crossing the south- ability of appropriations, increase by not ern border, except as specifically mandated There are authorized to be appropriated to less than 50 the number of positions for full- the Secretary such sums as may be nec- by law or humanitarian circumstances, and time active duty Deputy United States Mar- U.S. Immigration and Customs Enforcement essary for each of the fiscal years 2008 shals that assist in matters related to immi- through 2012 to carry out subsection (a). (ICE) has the resources to maintain this gration. practice, including resources to detain up to SEC. 103. INFRASTRUCTURE. (4) RECRUITMENT OF FORMER MILITARY PER- Section 102 of the Illegal Immigration Re- 27,500 aliens per day on an annual basis; SONNEL.— form and Immigrant Responsibility Act of (4) WORKPLACE ENFORCEMENT TOOLS.—As (A) IN GENERAL.—The Commissioner of 1996 (8 U.S.C. 1103 note) is amended— required through all the provisions of Title United States Customs and Border Protec- (1) in subsection (a), by striking ‘‘Attorney III of this Act, the Department of Homeland tion, in conjunction with the Secretary of General, in consultation with the Commis- Security has established and is using secure Defense or a designee of the Secretary of De- sioner of Immigration and Naturalization,’’ and effective identification tools to prevent fense, shall establish a program to actively and inserting ‘‘Secretary of Homeland Secu- unauthorized workers from obtaining jobs In recruit members of the Army, Navy, Air rity’’; and the United States. These tools shall include, Force, Marine Corps, and Coast Guard who (2) in subsection (b)— but not be limited to, establishing— have elected to separate from active duty. (A) by redesignating paragraphs (1), (2), (3), (A) strict standards for identification docu- (B) REPORT.—Not later than 180 days after and (4) as paragraphs (2), (3), (4), and (5), re- ments that must be presented in the hiring the date of the enactment of this Act, the spectively; process, including the use of secure docu- Commissioner shall submit a report on the (B) by inserting before paragraph (2), as re- mentation that contains a photograph, bio- implementation of the recruitment program designated, the following:

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‘‘(1) FENCING NEAR SAN DIEGO, CALIFORNIA.— quirements of chapter 5 of title 5; United this title, relating to civil forfeitures, in- In carrying out subsection (a), the Secretary States Code (commonly referred to as the cluding section 981(d) of such title, except shall provide for the construction along the Administrative Procedure Act) or any other that such duties as are imposed upon the 14 miles of the international land border of law relating to rulemaking, information col- Secretary of the Treasury under the customs the United States, starting at the Pacific lection, or publication in the Federal Reg- laws described in that section shall be per- Ocean and extending eastward, of second and ister.’’; and formed by such officers, agents, and other third fences, in addition to the existing rein- (2) in subsection (1)— persons as may be designated for that pur- forced fence, and for roads between the (A) by striking ‘‘There are authorized’’ and pose by the Secretary of Homeland Security fences.’’. inserting the following: or the Attorney General. Nothing in this sec- SEC. 104. PORTS OF ENTRY. ‘‘(1) IN GENERAL.—There are authorized’’; tion shall limit the authority of the Sec- Section 102 of the Illegal Immigration Re- and retary to seize and forfeit motor vehicles, form and Immigrant Responsibility Act of (B) by adding at the end the following: aircraft, or vessels under the Customs laws 1996, Division C of Public Law 104–208, is ‘‘(2) IMPLEMENTATION AT ALL LAND BORDER or any other laws of the United States. amended by the addition, at the end of that PORTS OF ENTRY.—There are authorized to be ‘‘(g) DEFINITIONS.—For purposes of this sec- section, of the following new subsection: appropriated such sums as may be necessary tion— ‘‘(e) CONSTRUCTION AND IMPROVEMENTS.— for each of fiscal years 2008 and 2009 to imple- ‘‘(1) the term ‘‘checkpoint’’ includes, but is The Secretary is authorized to— ment the automated biometric entry and not limited to, any customs or immigration ‘‘(1) construct additional ports of entry exit data system at all land border ports of inspection at a port of entry; along the international land borders of the entry.’’. ‘‘(2) the term ‘‘lawful command’’ includes, United States, at locations to be determined SEC. 112. UNLAWFUL FLIGHT FROM IMMIGRA- but is not limited to, a command to stop, de- by the Secretary; and TION OR CUSTOMS CONTROLS. crease speed, alter course, or land, whether ‘‘(2) make necessary improvements to the (a) IN GENERAL.—Section 758 of Title 18, communicated orally, visually, by means of ports of entry.’’. United States Code, is amended to read as lights or sirens, or by radio, telephone, or follows: other wire communication; Subtitle B—Other Border Security Initiatives ‘‘(3) the term ‘‘law enforcement agent’’ ‘‘§ 758. Unlawful Flight from Immigration or SEC. 111. BIOMETRIC ENTRY–EXIT SYSTEM. means any Federal, State, local or tribal of- Customs Controls (a) COLLECTION OF BIOMETRIC DATA FROM ficial authorized to enforce criminal law, ALIENS ENTERING AND DEPARTING THE UNITED ‘‘(a) EVADING A CHECKPOINT.—Any person and, when conveying a command covered STATES.—Section 215 (8 U.S.C. 1185) is who, while operating a motor vehicle or ves- under subsection (b) of this section, an air amended— sel, knowingly flees or evades a checkpoint traffic controller; (1) by redesignating subsection (c) as sub- operated by the Department of Homeland Se- ‘‘(4) The term ‘‘motor vehicle’’ means any section (g); curity or any other Federal law enforcement motorized or self-propelled means of terres- (2) by moving subsection (g), as redesig- agency, and then knowingly or recklessly trial transportation; and nated by paragraph (1), to the end; and disregards or disobeys the lawful command ‘‘(5) The term ‘‘serious bodily injury’’ has (3) by inserting after subsection (b) the fol- of any law enforcement agent, shall be fined the meaning given in section 2119(2) of this lowing: under this title, imprisoned not more than title.’’. ‘‘(c) The Secretary is authorized to require five years, or both. SEC. 113. RELEASE OF ALIENS FROM NON- aliens entering and departing the United ‘‘(b) FAILURE TO STOP.—Any person who, CONTIGUOUS COUNTRIES. States to provide biometric data and other while operating a motor vehicle, aircraft, or Section 236(a)(2) (8 U.S.C. 1226(a)(2)) is information relating to their immigration vessel, knowingly or recklessly disregards or amended— status.’’. disobeys the lawful command of an officer of (1) by striking ‘‘on’’; (b) INSPECTION OF APPLICANTS FOR ADMIS- the Department of Homeland Security en- (2) in subparagraph (A)— SION.—Section 235(d) (8 U.S.C. (1225(d)) is gaged in the enforcement of the immigra- (A) by inserting ‘‘except as provided under amended by adding at the end the following: tion, customs, or maritime laws, or the law- subparagraph (B), upon the giving of a’’ be- ‘‘(5) AUTHORITY TO COLLECT BIOMETRIC ful command of any law enforcement agent fore ‘‘bond’’; and (B) by striking ‘‘or’’ at the end; DATA.—In conducting inspections under sub- assisting such officer, shall be fined under (3) by redesignating subparagraph (6) as sections (a) and (b), immigration officers are this title, imprisoned not more than two subparagraph (C); and authorized to collect biometric data from— years, or both. (4) by inserting after subparagraph (A) the ‘‘(A) any applicant for admission or any ‘‘(c) ALTERNATIVE PENALTIES.—Notwith- standing the penalties provided in subsection following: alien who is paroled under section 212(d)(5), ‘‘(B) upon the giving of a bond of not less (a) or (b), any person who violates such sub- seeking to or permitted to land temporarily than $5,000 with security approved by, and section shall— as an alien crewman, or seeking to or per- containing conditions prescribed by, the Sec- ‘‘(1) be fined under this title, imprisoned mitted transit through the United States; or retary or the Attorney General, if the alien— not more than 10 years, or both, if the viola- ‘‘(B) any lawful permanent resident who is ‘‘(i) is a national of a noncontiguous coun- tion involved the operation of a motor vehi- entering the United States and who is not re- try; garded as seeking admission pursuant to sec- cle, aircraft, or vessel— ‘‘(ii) has not been admitted or paroled into tion 101(a)(13)(C).’’. ‘‘(A) in excess of the applicable or posted the United States; and (c) COLLECTION OF BIOMETRIC DATA FROM speed limit, ‘‘(iii) was apprehended within 100 miles of ALIEN CREWMEN.—Section 252 (8 U.S.C. 1282) ‘‘(B) in excess of the rated capacity of the the international border of the United States is amended by adding at the end the fol- motor vehicle, aircraft, or vessel, or or presents a flight risk, as determined by lowing: ‘‘(C) in an otherwise dangerous or reckless the Secretary of Homeland Security; or’’. manner; ‘‘(d) An immigration officer is authorized SEC. 114. SEIZURE OF CONVEYANCE WITH CON- to collect biometric data from an alien crew- ‘‘(2) be fined under this title, imprisoned CEALED COMPARTMENT: EXPAND- man seeking permission to land temporarily not more than 20 years, or both, if the viola- ING THE DEFINITION OF CONVEY- in the United States.’’. tion created a substantial and foreseeable ANCES WITH HIDDEN COMPART- (d) GROUNDS OF INADMISSIBILITY.—Section risk of serious bodily injury or death to any MENTS SUBJECT TO FORFEITURE. 212 (8 U.S.C. 1182) is amended. person; (a) IN GENERAL.—Section 1703 of Title 19, (1) in subsection (a)(7); by adding at the ‘‘(3) be fined under this title, imprisoned United States Code is amended— end the following: not more than 30 years, or both, if the viola- (1) by amending the title of such section to ‘‘(C) WITHHOLDERS OF BIOMETRIC DATA.— tion caused serious bodily injury to any per- read as follows: Any alien who fails or has failed to comply son; or ‘‘§ 1703. Seizure and forfeiture of vessels, ve- with a lawful request for biometric data ‘‘(4) be fined under this title, imprisoned hicles, other conveyances and instruments under section 215(c), 235(d), or 252(d) is inad- for any term of years or life, or both, if the of international traffic’’; missible.’’; and violation resulted in the death of any person. (2) by amending the title of subsection (a) (2) in subsection (d), by inserting after ‘‘(d) ATTEMPT AND CONSPIRACY.—Any per- to read as follows: paragraph (1) the following: son who attempts or conspires to commit (a) ‘‘Vessels, vehicles, other conveyances ‘‘(2) The Secretary may waive the applica- any offense under this section shall be pun- and instruments of international traffic sub- tion of subsection. (a)(7)(C) for an individual ished in the same manner as a person who ject to seizure and forfeiture’’; alien or class of aliens.’’. completes the offense. (3) by amending the title of subsection (b) (e) IMPLEMENTATION.—Section 7208 of the ‘‘(e) FORFEITURE.—Any property, real or to read as follows: 9/11 Commission Implementation Act of 2004 personal, constituting or traceable to the ‘‘(b) Vessels, vehicles, other conveyances (8 U.S.C. 1365b) is amended— gross proceeds of the offense and any prop- and instruments of international traffic de- (1) in subsection (c), by adding at the end erty, real or personal, used or intended to be fined’’; the following: used to commit or facilitate the commission (4) by inserting ‘‘,vehicle, other convey- ‘‘(3) IMPLEMENTATION.—In fully imple- of the offense shall be subject to forfeiture. ance or instrument of international traffic’’ menting the automated biometric entry and ‘‘(f) FORFEITURE PROCEDURES.—Seizures after the word ‘‘vessel’’ everywhere it ap- exit data system under this section, the Sec- and forfeitures under this section shall be pears in the text of subsections (a) and (b); retary is not required to comply with the re- governed by the provisions of chapter 46 of and

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(5) by amending subsection (c) to read as land along the international land borders of (b) AUTHORIZATION OF APPROPRIATIONS.— follows: the United States; (1) IN GENERAL.—There are authorized to be ‘‘(c) Acts constituting prima facie evidence (B) Federal land resource training for U.S. appropriated to the Secretary to carry out of vessel, vehicle, or other conveyance or in- Customs and Border Protection agents dedi- subsection (a)— strument of international traffic engaged in cated to protected land; and (A) $178,400,000 for fiscal year 2008; and smuggling ‘‘For the purposes of this section, (C) Unmanned Aerial Vehicles, aerial as- (B) $276,000,000 for fiscal year 2009. prima facie evidence that a conveyance is sets, Remote Video Surveillance camera sys- (2) AVAILABIUTY OF FUNDS.—Amounts ap- being, or has been, or is attempted to be em- tems, and sensors on protected land that is propriated pursuant to paragraph (1) shall ployed in smuggling or to defraud the rev- directly adjacent to the international land remain available until expended. enue of the United States shall be— border of the United States. SEC. 125. SURVEILLANCE TECHNOLOGIES PRO- GRAMS. ‘‘(1) in the case of a vessel, the fact that a (2) COORDINATION.—In providing training vessel has become subject to pursuit as pro- for Customs and Border Protection agents (a) AERIAL SURVEILLANCE PROGRAM.— (1) IN GENERAL.—In conjunction with the vided in section 1581 of this title, or is a hov- under paragraph (1)(B), the Secretary shall border surveillance plan developed under sec- ering vessel, or that a vessel fails, at any coordinate with the Secretary concerned to tion 5201 of the Intelligence Reform and Ter- place within the customs waters of the ensure that the training is appropriate to rorism Prevention Act of 2004 (Public Law United States or within a customs-enforce- the mission of the National Park Service, 108–458; 8 U.S.C. 1701 note), the Secretary, ment area, to display light as required by the United States Fish and Wildlife Service, not later than 90 days after the date of en- law. the Forest Service, or the relevant agency of actment of this Act, shall develop and imple- ‘‘(2) in the case of a vehicle, other convey- the Department of the Interior or the De- ment a program to fully integrate and utilize ance or instrument of international traffic, partment of Agriculture to minimize the ad- aerial surveillance technologies, including the fact that a vehicle, other conveyance or verse impact on natural and cultural re- unmanned aerial vehicles, to enhance the se- instrument of international traffic has any sources from border protection activities. curity of the international border between compartment or equipment that is built or (c) ANALYSIS OF DAMAGE TO PROTECTED the United States and Canada and the inter- fitted out for smuggling.’’. LANDS.—The Secretary and Secretaries con- (b) CLERICAL AMENDMENT.—The table of cerned shall develop an analysis of damage national border between the United States sections for chapter 5 in title i9, United to protected lands relating to illegal border and Mexico. The goal of the program shall be States Code, is amended by striking the activity, including the cost of equipment, to ensure continuous monitoring of each items relating to section 1703 and inserting training, recurring maintenance, construc- mile of each such border. (2) ASSESSMENT AND CONSULTATION RE- in lieu thereof the following: tion of facilities, restoration of natural and QUIREMENTS.—In developing the program ‘‘§ 1703. Seizure and forfeiture of vessels, cultural resources, recapitalization of facili- under this subsection, the Secretary shall— vehicles, other conveyances or instru- ties, and operations. (A) consider current and proposed aerial ments of international traffic. (d) RECOMMENDATIONS.—The Secretary surveillance technologies; ‘‘(a) Vessels, vehicles, other conveyances shall— (B) assess the feasibility and advisability or instruments of international traffic (1) develop joint recommendations with of utilizing such technologies to address bor- subject to seizure and forfeiture. the National Park Service the United States der threats, including an assessment of the ‘‘(b) Vessels, vehicles, other conveyances Fish and Wildlife-Service, and the Forest technologies considered best suited to ad- or instruments of international traffic Service for an appropriate cost recovery dress respective threats; defined. mechanism relating to items identified in (C) consult with the Secretary of Defense ‘‘(c) Acts constituting prima facie evidence subsection (c); and regarding any technologies or equipment, of vessel, vehicle, other conveyance or (2) not later than one year from the date of which the Secretary may deploy along an instrument of international traffic en- enactment, submit to the appropriate con- international border of the United States; gaged in smuggling.’’ gressional committees (as defined in section and Subtitle C—Other Measures 2 of the Homeland Security Act of 2002 (6 (D) consult with the Administrator of the SEC. 121. DEATHS AT UNITED STATES-MEXICO U.S.C. 101)), including the Subcommittee on Federal Aviation Administration regarding BORDER. National Parks of the Senate and the Sub- safety, airspace coordination and regulation, (a) COLLECTION OF STATISTICS.—The Com- committee or National Parks, Recreation and any other issues necessary for imple- missioner of the Bureau of Customs and Bor- and Public Lands of the House of Represent- mentation of the program. der Protection shall collect statistics relat- atives, the recommendations developed (3) ADDITIONAL REQUIREMENTS.— ing to deaths occurring at the border be- under paragraph (1). (A) IN GENERAL.—The program developed tween the United States and Mexico, includ- (e) BORDER PROTECTION STRATEGY.—The under this subsection sha1l include the use of ing— Secretary, the Secretary of the Interior, and a variety of aerial surveillance technologies (1) the causes of the deaths; and the Secretary of Agriculture shall jointly de- in a variety of topographies and areas, in- (2) the total number of deaths. velop a border protection strategy that sup- cluding populated and unpopulated areas lo- (b) REPORT.—Not later than 1 year after ports the border security needs,of the United cated on or near an international border of the date of enactment of this Act, and annu- States in the manner that best protects the the United States, in order to evaluate, for a ally thereafter, the Commissioner of the Bu- homeland, including— range of circumstances— reau of Customs and Border Protection shall (1) units of the National Park System; (i) the significance of previous experiences submit to the Secretary a report that— (2) National Forest System land; with such technologies in border security or (1) analyzes trends with respect to the sta- (3) land under the jurisdiction of the critical infrastructure protection; tistics collected under subsection (a) during United States Fish and Wildlife Service; and (ii) the cost and effectiveness of various the preceding year; and (4) other relevant land under the jurisdic- technologies for border security, including (2) recommends actions to reduce the tion of the Department of the Interior or the varying levels of technical complexity; and deaths described in subsection (a). Department of Agriculture. (iii) liability, safety, and privacy concerns SEC. 122. BORDER SECURITY ON CERTAIN FED- SEC. 123. SECURE COMMUNICATION. relating to the utilization of such tech- ERAL LAND. The Secretary shall, as expeditiously as nologies for border security. (4) CONTINUED USE OF AERIAL SURVEILLANCE (a) DEFINITIONS.—In this section: practicable, develop and implement a plan to TECHNOLOGIES.—The Secretary may continue (1) PROTECTED LAND.—The term ‘‘protected improve the use of satellite communications the operation of aerial surveillance tech- land’’ means land under the jurisdiction of and other technologies to ensure clear and nologies while assessing the effectiveness of the Secretary concerned. secure 2-way communication capabilities— (2) SECRETARY CONCERNED.—The term ‘‘Sec- the utilization of such technologies. (1) among all Border Patrol agents con- retary concerned’’ means— (5) REPORT TO CONGRESS.—Not later than ducting operations between ports of entry; (A) with respect to land under the jurisdic- 180 days after implementing the program (2) between Border Patrol agents and their tion of the Secretary of Agriculture, the Sec- under this subsection, the Secretary shall respective Border Patrol stations; and retary of Agriculture; and submit a report to Congress regarding the (B) with respect to land under the jurisdic- (3) between all appropriate border security program developed under this subsection. tion of the Secretary of the Interior, the Sec- agencies of the Department and State, local, The Secretary shall include in the report a retary of the Interior. and tribal law enforcement agencies. description of the program together with (b) SUPPORT FOR BORDER SECURITY SEC. 124. UNMANNED AIRCRAFT SYSTEMS. such recommendations as the Secretary NEEDS.— (a) UNMANNED AIRCRAFT AND ASSOCIATED finds appropriate for enhancing the program. (1) IN GENERAL.—To gain operational con- INFRASTRUCTURE.—The Secretary shall ac- (6) AUTHORIZATION OF APPROPRIATIONS.— trol over the international land borders of quire and maintain unmanned aircraft sys- There are authorized to be appropriated such the United States and to prevent the entry of tems for use on the border, including related sums as may be necessary to carry out this terrorists, unlawful aliens, narcotics, and equipment such as— subsection. other contraband into the United States, the (1) additional sensors; (b) INTEGRATED AND AUTOMATED SURVEIL- Secretary, in cooperation with the Secretary (2) critical spares; LANCE PROGRAM.— concerned, shall provide— (3) satellite command and control; and (1) REQUIREMENT FOR PROGRAM.—Subject to (A) increased U.S. Customs and Border (4) other necessary equipment for oper- the availability of appropriations, the Sec- Protection personnel to secure protected ational support. retary shall establish a program to procure

VerDate Aug 31 2005 04:21 May 25, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.036 S24MYPT1 bajohnson on PRODPC74 with SENATE S6628 CONGRESSIONAL RECORD — SENATE May 24, 2007 additional unmanned aerial vehicles, cam- shall submit to the Committee on Homeland (5) An assessment of the most appropriate, eras, poles, sensors, satellites, radar cov- Security and Governmental Affairs of the practical, and cost-effective means of defend- erage, and other technologies necessary to Senate and the Committee on Homeland Se- ing the international land and maritime bor- achieve operational control of the inter- curity of the House of Representatives a re- ders of the United States against threats to national borders of the United States and to port of such findings and a description of any security and illegal transit, including intel- establish a security perimeter known as a steps that the Secretary has taken or plans ligence capacities, technology, equipment, ‘‘virtual fence’’ along such international bor- to take in response to such findings. personnel, and training needed to address se- ders to provide a barrier to illegal immigra- (5) AUTHORIZATION OF APPROPRIATIONS.— curity vulnerabilities. tion. Such program shall be known as the In- There are authorized to be appropriated such (6) An assessment of staffing needs for all tegrated and Automated Surveillance Pro- sums as may be necessary to carry out this border security functions, taking into ac- gram. subsection. count threat and vulnerability information (2) PROGRAM COMPONENTS.—The Secretary SEC. 126. SURVEILLANCE PLAN. pertaining to the borders and the impact of new security programs, policies, and tech- shall ensure, to the maximum extent fea- (a) REQUIREMENT FOR PLAN.—The Sec- nologies. sible, the Integrated and Automated Surveil- retary shall develop a comprehensive plan (7) A description of the border security lance Program is carried out in a manner for the systematic surveillance of the inter- roles and missions of Federal, State, re- that— national land and maritime borders of the gional, local, and tribal authorities, and rec- (A) the technologies utilized in the Pro- United States. ommendations regarding actions the Sec- gram are integrated and function cohesively (b) CONTENT.—The plan required by sub- retary can carry out to improve coordination in an automated fashion, including the inte- section (a) shall include the following: with such authorities to enable border secu- gration of motion sensor alerts and cameras, (1) An assessment of existing technologies rity and enforcement activities to be carried whereby a sensor alert automatically acti- employed on the international land and mar- out in a more efficient and effective manner. vates a corresponding-camera to pan and tilt itime borders of the United States. in the direction of the triggered sensor; (8) An assessment of existing efforts and (2) A description of the compatibility of technologies used for border security and the (B) cameras utilized in the Program do not new surveillance technologies with surveil- have to be manually operated; effect of the use of such efforts and tech- lance technologies in use by the Secretary nologies on civil rights, personal property (C) such camera views and positions are on the date of the enactment of this Act. not fixed; rights, privacy rights, and civil liberties, in- (3) A description of how the Commissioner cluding an assessment of efforts to take into (D) surveillance video taken by such cam- of the United States Customs and Border eras can be viewed at multiple designated account asylum seekers, trafficking victims, Protection of the Department is working, or unaccompanied minor aliens, and other vul- communications centers; is expected to work, with the Under Sec- (E) a standard process is used to collect, nerable populations. retary for Science and Technology of the De- catalog, and report intrusion and response (9) A prioritized list of research and devel- partment to identify and test surveillance data collected under the Program; opment objectives to enhance the security of technology. (F) future remote surveillance technology the international land and maritime borders (4) A description of the specific surveil- investments and upgrades for the Program of the United States. lance technology to be deployed. can be integrated with existing systems; (10) A description of ways to ensure that (5) Identification of any obstacles that may (G) performance measures are developed the free flow of travel and commerce is not impede such deployment. and applied that can evaluate whether the diminished by efforts, activities, and pro- (6) A detailed estimate of all costs associ- Program is providing desired results and in- grams aimed at securing the international ated with such deployment and with contin- creasing response effectiveness in moni- land and maritime borders of the United ued maintenance of such technologies. toring and detecting illegal intrusions along States. (7) A description of how the Secretary is the international borders of the United (11) An assessment of additional detention working with the Administrator of the Fed- States; facilities and beds that are needed to detain (H) plans are developed under the Program eral Aviation Administration on safety and unlawful aliens apprehended at United to streamline site selection, site validation, airspace control issues associated with the States ports of entry or along the inter- and environmental assessment processes to use of unmanned aerial vehicles. national land borders of the United States. minimize delays of installing surveillance (c) SUBMISSION TO CONGRESS.—Not later (12) A description of the performance technology infrastructure; than 6 months after the date of the enact- metrics to be used to ensure accountability (I) standards are developed under the Pro- ment of this Act, the Secretary shall submit by the bureaus of the Department in imple- gram to expand the shared use of existing to Congress the plan required by this sec- menting such Strategy. (13) A schedule for the implementation of private and governmental structures to in- tion. the security measures described in such stall remote surveillance technology infra- SEC. 127. NATIONAL STRATEGY FOR BORDER SE- Strategy, including a prioritization of secu- structure where possible; and CURITY. (J) standards are developed under the Pro- (a) REQUIREMENT FOR STRATEGY.—The Sec- rity measures, realistic deadlines for ad- gram to identify and deploy the use of non- retary, in consultation with the heads of dressing the security and enforcement needs, permanent or mobile surveillance platforms other appropriate Federal agencies, shall de- an estimate of the resources needed to carry that will increase the Secretary’s mobility velop a National Strategy for Border Secu- out such measures, and a description of how and ability to identify illegal border intru- rity that describes actions to be carried out such resources should be allocated. (c) CONSULTATION.—In developing the Na- sions. to achieve operational control over all ports tional Strategy for Border Security, the Sec- (3) REPORT TO CONGRESS.—Not later than 1 of entry into the United States and the retary shall consult with representatives year after the initial implementation of the international land and maritime borders of of— Integrated and Automated Surveillance Pro- the United States. (1) State, local, and tribal authorities with gram, the Secretary shall submit to Con- (b) CONTENT.—The National Strategy for responsibility for locations along the inter- gress a report regarding the Program. The Border Security shall include the following: national land and maritime borders of the Secretary shall include in the report a de- (1) The implementation schedule for the comprehensive plan for systematic surveil- United States; and scription of the Program together with any (2) appropriate private sector entities, non- lance described in section 136. recommendation that the Secretary finds ap- governmental organizations, and affected (2) An assessment of the threat posed by propriate for enhancing the program. communities that have expertise in areas re- terrorists and terrorist groups that may try (4) EVALUATION OF CONTRACTORS.— lated to border security. to infiltrate the United States at locations (A) REQUIREMENT FOR STANDARDS.—The (d) COORDINATION.—The National Strategy Secretary shall develop appropriate stand- along the international land and maritime for Border Security shall be consistent with ards to evaluate the performance of any con- borders of the United States. the National Strategy for Maritime Security tractor providing goods or services to carry (3) A risk assessment for all United States developed pursuant to Homeland Security out the Integrated and Automated Surveil- ports of entry and all portions of the inter- Presidential Directive 13, dated December 21, lance Program. national land and maritime borders of the 2004. (B) REVIEW BY THE INSPECTOR GENERAL.— United States that includes a description of (e) SUBMISSION TO CONGRESS.— The Inspector General of the Department activities being undertaken— (1) STRATEGY.—Not later than 1 year after shall timely review each new contract re- (A) to prevent the entry of terrorists, other the date of the enactment of this Act, the lated to the Program that has a value of unlawful aliens, instruments of terrorism, Secretary shall submit to Congress the Na- more than $5,000,000, to determine whether narcotics, and other contraband into the tional Strategy for Border Security. such contract fully complies with applicable United States; and (2) UPDATES.—The Secretary shall submit cost requirements, performance objectives, (B) to protect critical infrastructure at or to Congress any update of such Strategy that program milestones, and schedules. The In- near such ports of entry or borders. the Secretary determines is necessary, not spector General shall report the findings of (4) An assessment of the legal require- later than 30 days after such update is devel- such review to the Secretary in a timely ments that prevent achieving and maintain- oped. manner. Not later than 30 days after the date ing operational control over the entire inter- (f) IMMEDIATE ACTION.—Nothing in this sec- the Secretary receives a report of findings national land and maritime borders of the tion or section 111 may be construed to re- from the Inspector General, the Secretary United States. lieve the Secretary of the responsibility to

VerDate Aug 31 2005 04:21 May 25, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.037 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6629 take all actions necessary and appropriate to vide all U.S. Customs and Border Protection means a tribal, State, or local law enforce- achieve and maintain operational control officers with training in identifying and de- ment agency— over the entire international land and mari- tecting fraudulent travel documents. Such (A) located in a county no more than 100 time borders of the United States. training shall be developed in consultation miles from a United States border with— SEC. 128. BORDER PATROL TRAINING CAPACITY with the head of the Forensic Document (i) Canada; or REVIEW. Laboratory of the U.S. Immigration and Cus- (ii) Mexico; or (a) IN GENERAL.—The Comptroller General toms Enforcement. (B) located in a county more than 100 miles of the United States shall conduct a review (b) FORENSIC DOCUMENT LABORATORY.—The from any such border, but where such county of the basic training provided to Border Pa- Secretary shall provide all U.S. Customs and has been certified by the Secretary as a High trol agents by the Secretary to ensure that Border Protection officers with access to the Impact Area. such training is provided as efficiently and Forensic Document Laboratory. (2) HIGH IMPACT AREA.— The term ‘‘High cost-effectively as possible. (c) ASSESSMENT.— Impact Area’’ means any county designated (b) COMPONENTS OF REVIEW.—The review (1) REQUIREMENT FOR ASSESSMENT.—The In- by the Secretary as such, taking into consid- under subsection (a) shall include the fol- spector General of the Department shall con- eration— lowing components: duct an independent assessment of the accu- (A) whether local law enforcement agen- (1) An evaluation of the length and content racy and reliability of the Forensic Docu- cies in that county have the resources to of the basic training curriculum provided to ment Laboratory. protect the lives, property, safety, or Welfare of the residents of that county; new Border Patrol agents by the Federal (2) REPORT TO CONGRESS.—Not later than 6 (B) the relationship between any lack of Law Enforcement Training Center, including months after the date of the enactment of security along the United States border and a description of how such curriculum has this Act, the Inspector General shall submit the rise, if any, of criminal activity in that changed since September 11, 2001, and an to Congress the findings of the assessment county; and evaluation of language and cultural diversity required by paragraph (1). (C) any other unique challenges that local training programs provided within such cur- (d) AUTHORIZATION OF APPROPRIATIONS.— law enforcement face due to a lack of secu- riculum. There are authorized to be appropriated to rity along the United States border. (2) A review and a detailed breakdown of the Secretary such sums as may be nec- the costs incurred by the Bureau of Customs (e) AUTHORIZATION OF APPROPRIATIONS.— essary for each of fiscal years 2008 through (1) IN GENERAL.— There are authorizd to be and Border Protection and the Federal Law 2012 to carry out this section. Enforcement Training Center to train 1 new appropriated $50,000,000 for each of fiscal Border Patrol agent. SEC. 132. BORDER RELIEF GRANT PROGRAM. years 2008 through 2012 to carry out the pro- (3) A comparison, based on the review and (a) GRANTS AUTHORIZED.— visions of this section. breakdown under paragraph (2), of the costs, (1) IN GENERAL.—The Secretary is author- (2) DIVISION OF AUTHORIZED FUNDS.— Of the effectiveness, scope, and quality, including ized to award grants, subject to the avail- amounts authorized under paragraph (1)— geographic characteristics, with other simi- ability of appropriations, to an eligible law (A) 2⁄3 shall be set aside for eligible law en- lar training programs provided by State and enforcement agency to provide assistance to forcement agencies located in the 6 States local agencies, nonprofit organizations, uni- such agency to address— with the largest number of undocumented versities, and the private sector. (A) criminal activity that occurs in the ju- alien apprehensions; and (4) An evaluation of whether utilizing com- risdiction of such agency by virtue of such (B) 1⁄3 shall be set aside for areas des- parable non-Federal training programs, pro- agency’s proximity to the United States bor- ignated as a High Impact Area under sub- ficiency testing, and long-distance learning der; and section (d). programs may affect— (B) the impact of any lack of security (f) SUPPLEMENT NOT SUPPLANT.—Amounts (A) the cost-effectiveness of increasing the along the United States border. appropriated for grants under this section number of Border Patrol agents trained per (2) DURATION.—Grants may be awarded shall be used to supplement and not supplant year; under this subsection during fiscal years 2008 other State and local public funds obligated (B) the per agent costs of basic training; through 2012. for the purposes provided under this title. and (3) COMPETITIVE BASIS.—The Secretary SEC. 133. PORT OF ENTRY INFRASTRUCTURE AS- (C) the scope and quality of basic training shall award grants under this subsection on SESSMENT STUDY. needed to fulfill the mission and duties of a a competitive basis, except that the Sec- (a) REQUIREMENT TO UPDATE.— Not later Border Patrol agent. retary shall give priority to applications than January 31 of each year, the Adminis- SEC. 129. BIOMETRIC DATA ENHANCEMENTS. from any eligible law enforcement agency trator of General Services, in consultation Not later than October 1, 2008, the Sec- serving a community— with U.S. Customs and Border Protection, retary shall— (A) with a population of less than 50,000; shall update the Port of Entry Infrastructure (1) in consultation with the Attorney Gen- and Assessment Study prepared by U.S. Customs eral, enhance connectivity between the (B) located no more than 100 miles from a and Border Protection in accordance with Automated Biometric Fingerprint Identifica- United States border with— the matter relating to the ports of entry in- tion System (IDENT) of the Department and (i) Canada; or frastructure assessment that is set out in the the Integrated Automated Fingerprint Iden- (ii) Mexico. joint explanatory statement in the con- tification System (IAFIS) of the Federal Bu- (b) USE OF FUNDS.—Grants awarded pursu- ference report accompanying H.R. 2490 of the reau of Investigation to ensure more expedi- ant to subsection (a) may only be used to 106th Congress, 1st session (House of Rep- tious data searches; and provide additional resources for an eligible resentatives Rep. No. 106–319, on page 67) and (2) in consultation with the Secretary of law enforcement agency to address criminal submit such updated study to Congress. State, collect all fingerprints from each activity occurring along any such border, in- (b) CONSULTATION.— In preparing the up- alien required to provide fingerprints during cluding— dated studies required in subsection (a), the the alien’s initial enrollment in the inte- (1) to obtain equipment; Administrator of General Services shall con- grated entry and exit data system described (2) to hire additional personnel; sult with the Director of the Office of Man- in section 110 of the Illegal Immigration Re- (3) to upgrade and maintain law enforce- agement and Budget, the Secretary, and the form and Immigrant Responsibility Act of ment technology; Commissioner. 1996 (8 U.S.C. 1365a). (4) to cover operational costs, including (c) CONTENT.— Each updated study re- SEC. 130. US–VISIT SYSTEM. overtime and transportation costs; and quired in subsection (a) shall— Not later than 6 months after the date of (5) such other resources as are available to (1) identify port of entry infrastructure the enactment of this Act, the Secretary, in assist that agency. and technology improvement projects that consultation with the heads of other appro- (c) APPLICATION.— would enhance border security and facilitate priate Federal agencies, shall submit to Con- (1) IN GENERAL.—Each eligible law enforce- the flow of legitimate commerce if imple- gress a schedule for— ment agency seeking a grant under this sec- mented; (1) equipping all land border ports of entry tion shall submit an application to the Sec- (2) include the projects identified in the of the United States with the U.S.-Visitor retary at such time, in such manner, and ac- Natiolialland Border Security Plan required and Immigrant Status Indicator Technology companied by such information as the Sec- by section; and (US–VISIT) system implemented under sec- retary may reasonably require. (3) prioritize the projects described in para- tion 110 of the Illegal Immigration Reform (2) CONTENTS.—Each application submitted graphs (1) and (2) based on the ability of a and Immigrant Responsibility Act of 1996 (8 pursuant to paragraph (1) shall— project to— U.S.C. 1365a); (A) describe the activities for which assist- (A) fulfill immediate security require- (2) developing and deploying at such ports ance under this section is sought; and ments; and of entry the exit component of the US–VISIT (B) provide such additional assurances as (B) facilitate trade across the borders of system; and the Secretary determines to be essential to the United States. (3) making interoperable all immigration ensure compliance with the requirements of (d) PROJECT IMPLEMENTATION.— The Com- screening systems operated by the Sec- this section. missioner shall implement the infrastruc- retary. (d) DEFINITIONS.—For the purposes of this ture and technology improvement projects SEC. 131. DOCUMENT FRAUD DETECTION. section: described in subsection (c) in the order of (a) TRAINING.—Subject to the availability (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— priority assigned to each project under sub- of appropriations, the Secretary shall pro- The term ‘‘eligible law enforcement agency’’ section (c)(3).

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(e) DIVRGENCE FROM PRIORITIES.— The (A) have been established not more than 15 (1) IN GENERAL.—The Secretary shall con- Commissioner may diverge from the priority years before the date of the enactment of struct or acquire, in addition to existing fa- order if the Commissioner determines that this Act; cilities for the detention of aliens, at least 20 significantly changed circumstances, such as (B) consist of not less than 65 acres, with detention facilities in the United States that immediate security needs or changes in in- the possibility of expansion to not less than have the capacity to detain a combined total frastructure in Mexicq or Canada, compel- 25 adjacent acres; and of not less than 20,000 individuals at any lingly alter the need for a project in the (C) have serviced an average of not more time for aliens detained pending removal or United States. than 50,000 vehicles per month during the 1- a decision on removal of such aliens from the SEC. 134. NATIONAL LAND BORDER SECURITY year period ending on the date of the enact- United States subject to available appropria- PLAN. ment of this Act. tions. (a) IN GENERAL.— Not later than 1 year (d) RELATIONSHIP WITH OTHER AGENCIES.— (b) CONSTRUCTION OF OR ACQUISITION OF DE- after the date of the enactment of this Act, The Secretary shall permit personnel from TENTION FACILITIES.— (1) REQUIREMENT TO CONSTRUCT OR AC- an annually thereafter, the Secretary, after an appropriate Federal or State agency to QUIRE.—The Secretary shall construct or ac- consultation with representatives of Federal, utilize a demonstration site described in sub- quire additional detention facilities in the State, and local law enforcement agencies section (c) to test technologies that enhance United States to accommodate the detention and private entities that are involved in port of entry operations, including tech- beds required by section 5204(a) of the Intel- international trade across the northern nologies described in subparagraphs (A) ligence Reform and Terrorism Protection bordr or the southern border, shall subniit a through (H) of subsection (b)(l). Act of 2004, as amended by subsection (a), National Land Border Security Plan to Con- (e) REPORT.— (1) REQUIREMENT.—Not later than 1 year subject to available appropriations. gress. (2) USE OF ALTERNATE DETENTION FACILI- (b) VULNERABILITY ASSESSMENT.— after the date of the enactment of this Act, and annually thereafter, the Secretary shall TIES.—Subject to the availability of appro- (1) IN GENERAL.— The plan required in sub- priations, the Secretary shall fully utilize all section (a) shall include a vulnerability as- submit to Congress a report on the activities carried out at each demonstration site under possible options to cost effectively increase sessment of each port of entry located on the available detention capacities, and shall uti- northern border or the southern border. the technology demonstration program es- tablished under this section. lize detention facilities that are owned and (2) PORT SECURITY COORDINATORS.— The operated by the Federal Government if the Secretary may establish 1 or more port secu- (2) CONTENT.—The report submitted under paragraph (1) shall include an assessment by use of such facilities is cost effective. rity coordinators at each port of entry lo- (3) USE OF INSTALLATIONS UNDER BASE CLO- the Secretary of the feasibility of incor- cated on the northern border or the southern SURE LAWS.—In acquiring additional deten- porating any demonstrated technology for border— tion facilities under this subsection, the Sec- use throughout the U.S. Customs and Border (A) to assist in conducting a vulnerability retary shall consider the transfer of appro- Protection. assessment at such port; and priate portions of military installations ap- (B) to provide other assistance with the SEC. 136. COMBATING HUMAN SMUGGLING. proved for closure or realignment under the preparation of the plan required in sub- (a) REQUIREMENT FOR PLAN.—The Sec- Defense Base Closure and Realignment Act section (a). retary shall develop and implement a plan to of 1990 (part A of title XXIX of Public Law SEC. 135. PORT OF ENTRY TECHNOLOGY DEM- improve coordination between the U.S. Im- 101–510; 10 U.S.C. 2687 note) for use in accord- ONSTRATION PROGRAM. migration and Customs Enforcement and the ance with subsection (a). (a) ESTABLISHMENT.— The Secretary shall U.S. Customs and Border Protection of the (4) DETERMINATION OF LOCATION.—The loca- carry out a technology demonstration pro- Department and any other Federal, State, tion of any detention facility constructed or gram to— local, or tribal authorities, as determined acquired in accordance with this subsection (1) test and evaluate new port of entry appropriate by the Secretary, to improve co- shall be determined, with the concurrence of technologies; ordination efforts to combat human smug- the Secretary, by the senior officer respon- (2) refine port of entry technologies and gling. sible for Detention and Removal Operations operational concepts; and (b) CONTENT.—In developing the plan re- in the Department. The detention facilities (3) train personnel under realistic condi- quired by subsection (a), the Secretary shall shall be located so as to enable the officers tions. consider— and employees of the Department to increase (b) TECHNOLOGY AND FACILITIES.— (1) the interoperability of databases uti- to the maximum extent practicable the an- (1) TECHNOLOGY TESTING.— Under the tech- lized to prevent human smuggling; nual rate and level of removals of illegal nology demonstration program, the Sec- (2) adequate and effective personnel train- aliens from the United States. retary shall test technologies that enhance ing; (c) ANNUAL REPORT TO CONGRESS.—Not port of entry operations, including oper- (3) methods and programs to effectively later than 1 year after the date of the enact- ations related to— target networks that engage in such smug- ment of this Act, and annually thereafter, in (A) inspections; gling; consultation with the heads of other appro- (B) communications; (4) effective utilization of— priate Federal agencies, the Secretary shall (A) visas for victims of trafficking and (C) port tracking; submit to Congress an assessment of the ad- other crimes; and (D) identification of persons and cargo; ditional detention facilities and bed space (B) investigatory techniques, equipment, (E) sensory devices; needed to detain unlawful aliens appre- and procedures that prevent, detect, and (F) personal detection; hended at the United States ports of entry or prosecute international money laundering (G) decision support; and along the international land borders of the and other operations that are utilized in (H) the detection and identification of United States. smuggling; weapons of mass destruction. (d) TECHNICAL AND CONFORMING AMEND- (5) joint measures, with the Secretary of (2) DEVELOPMENT OF FACILITIES.—At a dem- MENT.—Section 241(g)(1) (8 U.S.C. 1231(g)(1)) State, to enhance intelligence sharing and onstration site selected pursuant to sub- is amended by striking ‘‘may expend’’ and cooperation with foreign governments whose section (c)(2), the Secretary shall develop fa- inserting ‘‘shall expend’’. citizens are preyed on by human smugglers; cilities to provide appropriate training to (e) AUTHORIZATION OF APPROPRIATIONS.— and law enforcement personnel who have respon- There are authorized to be appropriated such (6) other measures that the Secretary con- sibility for border security, including— sums as may be necessary to carry out this siders appropriate to combating human (A) cross-training among agencies; section. smuggling. (B) advanced law enforcement training; SEC. 138. UNITED STATES–MEXICO BORDER EN- (c) REPORT.—Not later than 1 year after FORCEMENT REVIEW COMMISSION. and implementing the plan described in sub- (a) ESTABLISHMENT OF COMMISSION.— (C) equipment orientation. section (a), the Secretary shall submit to (1) IN GENERAL.—There is established an (c) DEMONSTRATION SITES.— Congress a report on such plan, including independent commission to be known as the (1) NUMBER.—The Secretary shall carry out any recommendations for legislative action United States-Mexico. Border Enforcement the demonstration program at not less than to improve efforts to combating human Review Commission (referred to in this sec- 3 sites and not more than 5 sites. smuggling. tion as the ‘‘Commission’’). (2) SELECTION CRITERIA.—To ensure that at (d) SAVINGS PROVISION.—Nothing in this (2) PURPOSES.—The purposes of the Com- least 1 of the facilities selected as a port of section may be construed to provide addi- mission are— entry demonstration site for the demonstra- tional authority to any State or local entity (A) to study the overall enforcement strat- tion program has the most up-to-date design, to enforce Federal immigration laws. egies, programs and policies of Federal agen- contains sufficient space to conduct the cies along the United States-Mexico border; demonstration program, has a traffic volume SEC. 137. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF FA- and low enough to easily incorporate new tech- CILITIES IDENTIFIED FOR CLO- (B) to make recommendations to the Presi- nologies without interrupting normal proc- SURES AS A RESULT OF THE DE- dent and Congress with respect to such strat- essing activity, and can efficiently carry but. FENSE BASE CLOSURE REALIGN- egies, programs and policies. demonstration and port of entry operations, MENT ACT OF 1990. (3) MEMBERSHIP.—The Commission shall be at least 1 port of entry selected as a dem- (a) CONSTRUCTION OR ACQUISITION OF DE- composed of 17 voting members, who shall be onstration site shall— TENTION FACILITIES.— appointed as follows:

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(A) The Governors of the States of Cali- (5) local law enforcement involvement in (3) AUTHORIZATION OF APPROPRIATIONS.— fornia, New Mexico,Arizona, and Texas shall the enforcement of Federal immigration law; There are authorized to be appropriated to each appoint 4 voting members of whom— and the Secretary for each of the fiscal years 2008 (i) 1 shall be a local elected official from (6) any other matters regarding border en- through 2012 such sums as may be necessary the State’s border region; forcement policies, strategies, and programs to carry out paragraphs (1) and (2). (ii) 1 shall be a local law enforcement offi- the Commission determines appropriate. (b) DEPARTMENT OF JUSTICE.— cial from the State’s border region; and (c) INFORMATION AND ASSISTANCE FROM (1) JUDICIAL CLERKS.—The Attorney Gen- (iii) 2 shall be from the State’s commu- FEDERAL AGENCIES.— eral shall, subject to the availability of ap- nities of academia, religious leaders, civic (1) INFORMATION FROM FEDERAL AGENCIES.— propriations for such purpose, appoint nec- leaders or community leaders. The Commission may seek directly from any essary law clerks for immigration judges and (B) 2 nonvoting members, of whom— department or agency of the United States Board of Immigration Appeals members of (i) 1 shall be appointed by the Secretary; such information, including suggestions, es- no less than one per judge and member. A (ii) 1 shall be appointed by the Attorney timates, and statistics, as allowed by law law clerk appointed under this section shall General; and and as the Commission considers necessary be exempt from the provisions of subchapter (iii) 1 shall be appointed by the Secretary to carry out the provisions of this section. I of chapter 63 of title 5 (5 USCS 6301 et seq.). of State. Upon request of the Commission, the head of (2) LITIGATION ATTORNEYS.—In each of the (4) QUALIFICATIONS.— such department or agency shall furnish fiscal years 2008 through 2012, the Attorney (A) IN GENERAL.—Members of the Commis- such information to the Commission. General, subject to the availability of appro- sion shall be— (2) ASSISTANCE FROM FEDERAL AGENCIES.— priations for such purpose, shall increase the (i) individuals with expertise in migration, The Administrator of General Services shall, number of positions for attorneys in the Of- border enforcement and protection, civil and on a reimbursable basis, provide the Com- fice of Immigration Litigation by not less human rights, community relations, cross- mission with administrative support and than 50 compared to the number of such posi- border trade and commerce or other perti- other services for the performance of the tions for which funds were made available nent qualifications or experience; and Commission’s functions. The departments during the preceding fiscal year. (ii) representative of a broad cross section and agencies of the United States may pro- (3) UNITED STATES ATTORNEYS.—In each of of perspective from the region along the vide the Commission with such services, the fiscal years 2008 through 2012, the Attor- international border between the United funds, facilities, staff, and other support ney General, subject to the availability of States and Mexico; services as they determine advisable and as appropriations for such purpose, shall in- (B) POLITICAL AFFILIATION.—Not more than authorized by law. crease the number of attorneys in the United 2 members of the Commission appointed by (d) COMPENSATION.— States Attorneys’ office to litigate immigra- each Governor under paragraph (3)(A) may (1) IN GENERAL.—Members of the Commis- tion cases in the Federal courts by not less be members of the same political party. sion shall serve without pay. than 50 compared to the number of such posi- (C) NONGOVERNMENTAL APPOINTEES.—An in- (2) REIMBURSEMENT OF EXPENSES.—All tions for which funds were made available dividual appointed as a voting member to members of the Commission shall be reim- the Commission may not be an officer or em- during the preceding fiscal year. bursed for reasonable travel expenses and (4) IMMIGRATION JUDGES.—In each of the fis- ployee of the Federal Government. subsistence, and other reasonable and nec- cal years 2008 through 2012, the Attorney (5) DEADLINE FOR APPOINTMENT.—All mem- essary expenses incurred by them in the per- General, subject to the availability of appro- bers of the Commission shall be appointed formance of their duties. not later than 6 months after the enactment priations for such purpose, shall— (e) REPORT.—Not later than 2 years after (A) increase by not less than 20 the number of this Act. If any member of the Commis- the date of the first meeting called pursuant of full-time immigration judges compared to sion described in paragraph (3)(A) is not ap- to (a)(8)(A), the Commission shall submit a the number of such positions for which funds pointed by such date, the Commission shall report to the President and Congress that were made available during the preceding carry out its duties under this section with- contains— fiscal year; and out the participation of such member. (1) findings with respect to the duties of (B) increase by not less than 80 the number (6) TERM OF SERVICE.—The term of office the Commission; of positions for personnel to support the im- for members shall be for life of the Commis- (2) recommendations regarding border en- migration Judges described in subparagraph sion. forcement policies, strategies, and programs; (A) compared to the number of such posi- (7) VACANCIES.—Any vacancy in the Com- (3) suggestions for the implementation of tions for which funds were made available mission shall not affect its powers, but shall the Commission’s recommendations; and be filled in the same manner in which the during the preceding fiscal year. (4) a recommendation as to whether the (5) BOARD OF IMMIGRATION APPEALS MEM- original appointment was made. Commission should continue to exist after BERS.—The Attorney General shall, subject (8) MEETINGS.— the date of termination described in sub- to the availability of appropriations, in- (A) INITIAL MEETING.—The Commission section (g), and if so, a description of the crease by 10 the number of members of the shall meet and begin the operations of the purposes and duties recommended to be car- Commission as soon as practicable. Board of Immigration Appeals over the num- ried out by the Commission after such date. ber of members serving on the date of enact- (B) SUBSEQUENT MEETINGS.—After its ini- (f) AUTHORIZATION OF APPROPRIATIONS.— tial meeting, the Commission shall meet ment of this Act. There are authorized to be appropriated such (6) STAFF ATTORNEYS.—In each of the fiscal upon the call of the chairman or a majority sums as may be necessary to carry out this of its members. years 2008 through 2012, the Attorney Gen- section. eral shall, subject to the availability of ap- (9) QUORUM.—Nine members of the Com- (g) SUNSET.—Unless the Commission is re- mission shall constitute a quorum. propriations for such purpose— authorized by Congress, the Commission (A) increase the number of positions for (10) CHAIR AND VICE CHAIR.—The voting shall terminate on the date that is 90 days members of the Commission shall elect a full-time staff attorneys in the Board of Im- after the date the Commission submits the migration Appeals by not less than 20 com- Chairman and Vice Chairman from among report described in subsection (e). its members. The term of office shall be for pared to the number of such positions for the life of the Commission. TITLE II—INTERIOR ENFORCEMENT which funds were made available during the (b) DUTIES.—The Commission shall review, SEC. 201. ADDITIONAL IMMIGRATION PER- preceding fiscal year; and examine, and make recommendations re- SONNEL. (B) increase the number of positions for garding border enforcement policies, strate- (a) DEPARTMENT OF HOMELAND SECURITY.— personnel to support the staff attorneys de- gies, and programs, including recommenda- (1) TRIAL ATTORNEYS.—In each of the fiscal scribed in subparagraph (A) by not less than tions regarding— years 2008 through 2012, the Secretary, sub- 10 compared to the number of such positions (1) the protection of human and civil rights ject to the availability of appropriations for for which funds were made available during of community residents and migrants along such purpose, shall increase the number of the preceding fiscal year. the international border between the United positions for attorneys in the Office of Gen- (7) AUTHORIZATION OF APPROPRIATIONS.— States and Mexico; eral Counsel of the Department who rep- There are authorized to be appropriated to (2) the adequacy and effectiveness of resent the Department in immigration mat- the Attorney General for each of the fiscal human and civil rights training of enforce- ters by not less than 100 compared to the years 2008 through 2012 such sums as may be ment personnel on such border; number of such positions for which funds necessary to carry out this subsection, in- (3) the adequacy of the complaint process were made available during the preceding cluding the hiring of necessary support staff. within the agencies and programs of the De- fiscal year. (c) ADMINISTRATIVE OFFICE OF THE UNITED partment that are employed when an indi- (2) USCIS ADJUDICATORS.—In each of the STATES COURTS.—In each of the fiscal years vidual files a grievance; fiscal years 2008 through 2012, the Secretary, 2008 through 2012, the Director of the Admin- (4) the effect of the operations, technology, subject to the availability of appropriations istrative Office of the United States Courts, and enforcement infrastructure along such for such purpose, shall increase the number subject to the availability of appropriations, border on the— of positions for adjudicators in the United shall increase the number of attorneys in the (A) environment; States Citizenship and Immigration Service Federal Defenders Program who litigate (B) cross border traffic and commerce; and by not less than 100 compared to the number criminal immigration cases in the Federal (C) the quality of life of border commu- of such positions for which funds were made courts by not less than 50 compared to the nities; available during the preceding fiscal year. number of such positions for which funds

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If an alien is released, the alien’’; less of the grounds upon which the alien was (d) LEGAL ORIENTATION PROGRAM.— (G) by redesignating paragraph (7) as para- ordered removed), that there is reason to be- (1) CONTINUED OPERATION.—The Director of graph (10); and lieve that the release of the alien would the Executive Office for Immigration Review (H) by inserting after paragraph (6) the fol- threaten the national security of the United shall continue to operate a legal orientation lowing: States; program to provide basic information about ‘‘(7) PAROLE.—If an alien detained pursuant ‘‘(IV) that— immigration court procedures for immigra- to paragraph (6) is an applicant for admis- ‘‘(aa) the release of the alien would threat- tion detainees and shall expand the legal ori- sion, the Secretary of Homeland Security, in en the safety of the community or any per- entation program to provide such informa- the Secretary’s discretion, may parole the son, and conditions of release cannot reason- tion on a nationwide basis. alien under section 212(d)(5) and may pro- ably be expected to ensure the safety of the (2) AUTHORIZATION OF APPROPRIATIONS.— vide, notwithstanding section 212(d)(5), that community or any person; and There are authorized to be appropriated such the alien shall not be returned to custody ‘‘(bb) the alien— sums as may be necessary to carry out such unless either the alien violates the condi- ‘‘(AA) has been convicted of 1 or more ag- legal orientation program. tions of the alien’s parole or the alien’s re- gravated felonies (as defined in section SEC. 202. DETENTION AND REMOVAL OF ALIENS moval becomes reasonably foreseeable, pro- 101(a)(43)(A)), or of 1 or more attempts or ORDERED REMOVED. vided that in no circumstance shall such conspiracies to commit any such aggravated (a) IN GENERAL.— alien be considered admitted. felonies for an aggregate term of imprison- (1) AMENDMENTS.—Section 241(a) (8 U.S.C. ‘‘(8) ADDITIONAL RULES FOR DETENTION OR ment of at least 5 years; or 1231(a)) is amended— RELEASE OF ALIENS.—The following proce- ‘‘(BB) has committed a crime of violence (A) by striking ‘‘Attorney General’’ the dures shall apply to an alien detained under (as defined in section 16 of title 18, United first place it appears, except for the first ref- this section: States Code, but not including a purely po- erence in clause (a)(4)(B)(i), and inserting ‘‘(A) DETENTION REVIEW PROCESS FOR litical offense) and, because of a mental con- ‘‘Secretary of Homeland Security’’; ALIENS WHO HAVE EFFECTED AN ENTRY AND dition or personality disorder and behavior (B) by striking ‘‘Attorney General’’ any FULLY COOPERATE WITH REMOVAL.—The Sec- associated with that condition or disorder, is other place it appears and inserting ‘‘Sec- retary of Homeland Security shall establish likely to engage in acts of violence in the fu- retary’’; an administrative review process to deter- ture; or (C) in paragraph (1)— mine whether an alien described in subpara- ‘‘(V) that— (i) in subparagraph (B), by amending clause graph (B) should be detained or released ‘‘(aa) the release of the alien would threat- (ii) to read as follows: after the removal period in accordance with en the safety of the community or any per- ‘‘(ii) If a court, the Board of Immigration this paragraph. son, notwithstanding conditions of release Appeals, or an immigration judge orders a ‘‘(B) ALIEN DESCRIBED.—An alien is de- designed to ensure the safety of the commu- stay of the removal of the alien, the expira- scribed in this subparagraph if the alien— nity or any person; and tion date of the stay of removal.’’; ‘‘(i) has effected an entry into the United ‘‘(bb) the alien has been convicted of 1 or (ii) by amending subparagraph (C) to read States; more aggravated felonies (as defined in sec- as follows: ‘‘(ii) has made all reasonable efforts to tion 101(a)(43)) for which the alien was sen- ‘‘(C) EXTENSION OF PERIOD.—The removal comply with the alien’s removal order; tenced to an aggregate term of imprison- period shall be extended beyond a period of ‘‘(iii) has cooperated fully with the Sec- ment of not less than 1 year. 90 days and the alien may remain in deten- retary’s efforts to establish the alien’s iden- ‘‘(F) ATTORNEY GENERAL REVIEW.—If the tion during such extended period if the alien tity and to carry out the removal order, in- Secretary authorizes an extension of deten- fails or refuses to— cluding making timely application in good tion under subparagraph (E), the alien may ‘‘(i) make all reasonable efforts to comply faith for travel or other documents nec- seek review of that determination before the with the removal order; or essary for the alien’s departure; and Attorney General. If the Attorney General ‘‘(ii) fully cooperate with the Secretary’s ‘‘(iv) has not conspired or acted to prevent concludes that the alien should be released, efforts to establish the alien’s identity and removal. then the Secretary shall release the alien carry out the removal order, including fail- ‘‘(C) EVIDENCE.—In making a determina- pursuant to subparagraph (1). The Attorney ing to make timely application in good faith tion under subparagraph (A), the Secretary— General, in consultation with the Secretary, for travel or other documents necessary to ‘‘(i) shall consider any evidence submitted shall promulgate regulations governing re- the alien’s departure, or conspiring or acting by the alien; view under this paragraph. to prevent the alien’s removal.’’; and ‘‘(ii) may consider any other evidence, in- ‘‘(G) ADMINISTRATIVE REVIEW PROCESS.— (iii) by adding at the end the following: cluding— The Secretary, without any limitations ‘‘(D) TOLLING OF PERIOD.—If, at the time ‘‘(I) any information or assistance provided other than those specified in this section, described in subparagraph (B), the alien is by the Department of State or other Federal may detain an alien pending a determination not in the custody of the Secretary under agency; and under subparagraph (E)(ii), if the Secretary the authority of this Act, the removal period ‘‘(II) any other information available to has initiated the administrative review proc- shall not begin until the alien is taken into the Secretary pertaining to the ability to re- ess identified in subparagraph (A) not later such custody. If the Secretary lawfully move the alien. than 30 days after the expiration of the re- transfers custody of the alien during the re- ‘‘(D) AUTHORITY TO DETAIN FOR 90 DAYS BE- moval period (including any extension of the moval period to another Federal agency or YOND REMOVAL PERIOD.—The Secretary, in removal period under paragraph (1)(C)). to a State or local government agency in the exercise of the Secretary’s discretion and ‘‘(H) RENEWAL AND DELEGATION OF CERTIFI- connection with the official duties of such without any limitations other than those CATION.— agency, the removal period shall be tolled, specified in this section, may detain an alien ‘‘(i) RENEWAL.—The Secretary may renew a and shall recommence on the date in which for 90 days beyond the removal period (in- certification under subparagraph (E)(ii) the alien is returned to the custody of the cluding any extension of the removal period every 6 months, without limitation, after Secretary.’’; under paragraph (l)(C)). providing the alien with an opportunity to (D) in paragraph (2), by adding at the end ‘‘(E) AUTHORITY TO DETAIN FOR ADDITIONAL request reconsideration of the certification the following: ‘‘If a court, the Board of Im- PERIOD.—The Secretary, in the exercise of and to submit documents or other evidence migration Appeals, or an immigration judge the Secretary’s discretion and without any in support of that request. If the Secretary orders a stay of removal of an alien who is limitations other than those specified in this does not renew such certification, the Sec- subject to an administrative final order of section, may detain an alien beyond the 90- retary shall release the alien, pursuant to removal, the Secretary, in the exercise of day period authorized under subparagraph subparagraph (I). If the Secretary authorizes discretion, may detain the alien during the (D) until the alien is removed, if the Sec- an extension of detention under paragraph pendency of such stay of removal.’’; retary— (E), the alien may seek review of that deter- (E) in paragraph (3), by amending subpara- ‘‘(i) determines that there is a significant mination before the Attorney General. If the graph (D) to read as follows: likelihood that the alien will be removed in Attorney General concludes that the alien ‘‘(D) to obey reasonable restrictions on the the reasonably foreseeable future; or should be released, then the Secretary shall alien’s conduct or activities, or to perform ‘‘(ii) certifies in writing— release the alien pursuant to subparagraph affirmative acts, that the Secretary pre- ‘‘(I) in consultation with the Secretary of (I). scribes for the alien— Health and Human Services, that the alien ‘‘(ii) DELEGATION.—Notwithstanding any ‘‘(i) to prevent the alien from absconding; has a highly contagious disease that poses a other provision of law, the Secretary may ‘‘(ii) for the protection of the community; threat to public safety; not delegate the authority to make or renew or ‘‘(II) after receipt of a written rec- a certification described in subclause (II), ‘‘(iii) for other purposes related to the en- ommendation from the Secretary of State, (III), or (V) of subparagraph (E)(ii) below the forcement of the immigration laws.’’; that the release of the alien would likely level of the Assistant Secretary for Immigra- (F) in paragraph (6), by striking ‘‘removal have serious adverse foreign policy con- tion and Customs Enforcement. period and, if released,’’ and inserting ‘‘re- sequences for the United States; ‘‘(iii) HEARING.—The Secretary may re- moval period, in the discretion of the Sec- ‘‘(III) based on information available to the quest that the Attorney General, or a des- retary, without any limitations other than Secretary (including classified, sensitive, or ignee of the Attorney General, provide for a

VerDate Aug 31 2005 02:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.043 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6633 hearing to make the determination described SEC. 203. AGGRAVATED FELONY. related activity in connection with identi- in subparagraph (E)(ii)(IV)(bb)(BB). (a) DEFINITION OF AGGRAVATED FELONY.— fication documents or access devices), sec- ‘‘(I) RELEASE ON CONDITIONS.—If it is deter- Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is tions 1581 through 1594 of title 18 (relating to mined that an alien should be released from amended— peonage, slavery and trafficking in persons), detention, the Secretary may, in the Sec- (1) by striking ‘‘The term ‘aggravated fel- section 1952 of title 18 (relating to interstate retary’s discretion, impose conditions on re- ony’ means—’’ and inserting ‘‘Notwith- and foreign travel or transportation in aid of lease in accordance with the regulations pre- standing any other provision of law, the racketeering enterprises), section 1956 of scribed pursuant to paragraph (3). term ‘aggravated felony’ applies to an of- title 18 (relating to the laundering of mone- ‘‘(J) REDETENTION.—The Secretary, with- fense described in this paragraph, whether in tary instruments), section 1957 of title 18 (re- out any limitations other than those speci- violation of Federal or State law, and to lating to engaging in monetary transactions fied in this section, may detain any alien such an offense in violation of the law of a in property derived from specified unlawful subject to a final removal order who has pre- foreign country for which the term of impris- activity), or sections 2312 through 2315 of viously been released from custody if— onment was completed within the previous title 18 (relating to interstate transportation ‘‘(i) the alien fails to comply with the con- 15 years, and regardless of whether the con- of stolen motor vehicles or stolen property); ditions of release; viction was entered before, on, or after Sep- (vii) a conspiracy to commit an offense de- ‘‘(ii) the alien fails to continue to satisfy tember 30, 1996, and means’’; scribed in subparagraphs (1)–(6). the conditions described in subparagraph (B); (2) in subparagraph (A), by striking ‘‘mur- ‘‘Notwithstanding any other provision of law or der, rape, or sexual abuse of a minor;’’ and (including any effective date), the term ap- ‘‘(iii) upon reconsideration, the Secretary inserting ‘‘ murder, rape, or sexual abuse of plies regardless of whether the conduct oc- determines that the alien can be detained a minor, whether or not the minority of the curred before, on, or after the date of enact- under subparagraph (E). victim is established by evidence contained ment of this provision.’’. ‘‘(K) APPLICABILITY.—This paragraph and in the record of conviction or by evidence ex- (b) INADMISSIBILILY.— Section 212(a)(2) (8 paragraphs (6) and (7) shall apply to any trinsic to the record of conviction;’’; U.S.C. 1182(a)(2)) is amended— alien returned to custody under subpara- (3) in subparagraph (N), by striking ‘‘para- (1) by redesignating subparagraph (F) as graph (I) as if the removal period terminated graph (l)(A) or (2) of’’; and subparagraph (J); and on the day of the redetention. (4) by striking the undesignated matter (2) by inserting after subparagraph (E) the ‘‘(L) DETENTION REVIEW PROCESS FOR ALIENS following subparagraph (U). following: WHO HAVE EFFECTED AN ENTRY AND FAIL TO (b) EFFECTIVE DATE AND APPLICATION.— ‘‘(F) ALIENS ASSOCIATED WITH CRIMINAL COOPERATE WITH REMOVAL.—The Secretary (1) IN GENERAL.—The amendments made by GANGS.—Unless the Secretary of Homeland shall detain an alien until the alien makes subsection (a) shall— Security or the Attorney General waives the all reasonable efforts to comply with a re- (A) take effect on the date of the enact- application of this subparagraph, any alien moval order and to cooperate fully with the ment of this Act; and who a consular officer, the Attorney Gen- Secretary’s efforts, if the alien— (B) apply to any conviction that occurred eral, or the Secretary of Homeland Security ‘‘(i) has effected an entry into the United on or after the date of the enactment of this knows or has reason to believe has partici- States; and Act. pated in a criminal gang (as defined in sec- ‘‘(ii)(I) and the alien faces a significant (2) APPLICATION OF IIRAIRA AMENDMENTS.— tion 101(a)(52)), knowing or having reason to likelihood that the alien will be removed in The amendments to section 101(a)(43) of the know that such participation promoted, the reasonably foreseeable future, or would Immigration and Nationality Act made by furthered, aided, or supported the illegal ac- have been removed if the alien had not— section 321 of the Illegal Immigration Re- ‘‘(aa) failed or refused to make all reason- tivity of the criminal gang, is inadmis- form and Immigrant Responsibility Act of able efforts to comply with a removal order; sible.’’. ‘‘(bb) failed or refused to fully cooperate 1996 (division C of Public Law 104–208; 110 (c) DEPORTABILITY.—Section 237(a)(2) of the with the Secretary’s efforts to establish the Stat. 3009–627) shall continue to apply, Immigration and Nationality Act (8 U.S.C. alien’s identity and carry out the removal whether the conviction was entered before, 1227(a)(2)) is amended by adding at the end order, including the failure to make timely on, or after September 30, 1996. the following: application in good faith for travel or other SEC. 205. INCREASED CRIMINAL PENALTIES RE- ‘‘(F) ALIENS ASSOCIATED WITH CRIMINAL documents necessary to the alien’s depar- LATED TO GANG VIOLENCE AND RE- GANGS.—Any alien, in or admitted to the MOVAL. ture; or United States, who at any time has partici- ‘‘(cc) conspired or acted to prevent re- (a) DEFINITION OF CRIMINAL GANG.—Section pated in a criminal gang (as defined in sec- moval; or 101(a) of the Immigration and Nationality tion 101(a)(52)), knowing or having reason to ‘‘(II) the Secretary makes a certification Act (8 U.S.C. 1101(a)) is amended by inserting know that such participation will promote, as specified in subparagraph (E), or the re- after subparagraph (51) the following: further, aid, or support the illegal activity of newal of a certification specified in subpara- ‘‘( 52) The term ‘‘criminal gang’’ the criminal gang is deportable. The Sec- graph (H). (A) means an ongoing group, club, organi- retary of Homeland Security or the Attorney ‘‘(M) DETENTION REVIEW PROCESS FOR zation, or association of 5 or more persons— General may in his discretion waive this sub- ALIENS WHO HAVE NOT EFFECTED AN ENTRY.— (i) that has as 1 of its primary purposes the paragraph.’’ Except as otherwise provided in this sub- commission of 1 or more of the criminal of- (d) TEMPORARY PROTECTED STATUS.—Sec- paragraph, the Secretary shall follow the fenses described in subsection (b); and tion 244 (8 U.S.C. 1254a) is amended— guidelines established in section 241.4 of title (ii) the members of which engage, or have (1) by striking ‘‘Attorney General’’ each 8, Code of Federal Regulations, when detain- engaged within the past 5 years, in a con- place it appears and inserting ‘‘Secretary of ing aliens who have not effected an entry. tinuing series of offenses described in sub- Homeland Security’’; The Secretary may decide to apply the re- section (b); (2) in subparagraph (c)(2)(B), by adding at view process outlined in this paragraph. (B) offenses described in this section, the end: ‘‘(9) JUDICIAL REVIEW.—Judicial review of whether in violation of Federal or State law ‘‘(iii) the alien participates in, or at any any action or decision made pursuant to or in violation of the law of a foreign coun- time after admission has participated in, the paragraph (6), (7), or (8) shall be available ex- try, and regardless of whether charged, are: activities of a criminal gang (as defined in clusively in a habeas corpus proceeding (i) a ‘‘felony drug offense’’ (as defined in section 101(a)(52)), knowing or having reason brought in a United States district court and section 102 of the Controlled Substances Act to know that such participation will pro- only if the alien has exhausted all adminis- (21 U.S.C. 802)); mote, further, aid, or support the illegal ac- trative remedies (statutory and nonstatu- (ii) a felony offense involving firearms or tivity of the criminal gang.’’; and tory) available to the alien as a right.’’. explosives or in violation of section 931 of (3) in subsection (d)— (2) EFFECTIVE DATE.—The amendments title 18 (relating to purchase, ownership, or (A) by striking paragraph (3); and made by paragraph (1)— possession of body armor by violent felons); (B) in paragraph (4), by adding at the end (A) shall take effect on the date of the en- (iii) an offense under section 274 (relating the following: ‘‘The Secretary of Homeland actment of this Act; and to bringing in and harboring certain aliens), Security may detain an alien provided tem- (B) shall apply to— section 277 (relating to aiding or assisting porary protected status under this section (i) any alien subject to a final administra- certain aliens to enter the United States), or whenever appropriate under any other provi- tive removal, deportation, or exclusion order section 278 (relating to the importation of an sion.’’. that was issued before, on, or after the date alien for immoral purpose) of the Immigra- (e) PENALTIES RELATED TO REMOVAL.—Sec- of the enactment of this Act, unless (a) that tion and Nationality Act; tion 243 (8 U.S.C. 1253) is amended— order was issued and the alien was subse- (iv) a felony crime of violence as defined in (1) in subsection (a)(1)— quently released or paroled before the enact- section 16 of title 18, which is punishable by (A) in the matter preceding subparagraph ment of this Act and (b) the alien has com- a sentence of imprisonment of five years or (A), by inserting ‘‘212(a) or’’ after ‘‘section’’; plied with and remains in compliance with more; and the terms and conditions of that release or (v) a crime involving obstruction of jus- (B) in the matter following subparagraph parole; and tice; tampering with or retaliating against a (D)— (ii) any act or condition occurring or exist- witness, victim, or informant; or burglary; (i) by striking ‘‘or imprisoned not more ing before, on, or after the date of the enact- (vi) Any conduct punishable under sections than four years’’ and inserting ‘‘and impris- ment of this Act. 1028 and 1029 of title 18 (relating to fraud and oned for not more than 5 years’’; and

VerDate Aug 31 2005 02:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.044 S24MYPT1 bajohnson on PRODPC74 with SENATE S6634 CONGRESSIONAL RECORD — SENATE May 24, 2007 (ii) by striking ‘‘, or both’’; (E) of paragraph (2) are elements of the of- ‘‘(4) was convicted for 3 felonies before (2) in subsection (b), by striking ‘‘not more fenses described in that paragraph and the such removal or departure, the alien shall be than $1000 or imprisoned for not more than penalties in such subparagraphs shall apply fined under such title, imprisoned not more one year, or both’’ and inserting ‘‘under title only in cases in which the conviction or con- than 20 years, or both; or 18, United States Code, and imprisoned for victions that form the basis for the addi- ‘‘(5) was convicted, before such removal or not more than 5 years (or for not more than tional penalty are— departure, for murder, rape, kidnaping, or a 10 years if the alien is a member of any of ‘‘(A) alleged in the indictment or informa- felony offense described in chapter 77 (relat- the classes described in paragraphs (1)(E), (2), tion; and ing to peonage and slavery) or 113B (relating (3), and (4) of section 237(a)).’’; and ‘‘(B) proven beyond a reasonable doubt at to terrorism) of such title, the alien shall be (f) PROHIBITING CARRYING OR USING A FIRE- trial or admitted by the defendant. fined under such title, imprisoned not more ARM DURING AND IN RELATION TO AN ALIEN ‘‘(4) DURATION OF OFFENSES.—An offense than 20 years, or both. SMUGGLING CRIME.—Section 924(c) of title 18, under this subsection continues until the ‘‘(c) REENTRY AFTER REPEATED REMOVAL.— United States Code, is amended— alien is discovered within the United States Any alien who has been denied admission, (1) in paragraph (1)— by an immigration officer. ’excluded, deported, or removed 3 or more (A) in subparagraph (A), by inserting ‘‘, ‘‘(5) ATTEMPT.—Whoever attempts to com- times and thereafter enters, attempts to alien smuggling crime,’’ after ‘‘any crime of mit any offense under this section shall be enter, crosses the border to, attempts to violence’’; punished in the same manner as for a com- cross the border to, or is at anytime found in (B) in subparagraph (A), by inserting ‘‘, pletion of such offense. the United States, shall be fined under title alien smuggling crime,’’ after ‘‘such crime of ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN- 18, United States Code, imprisoned not more violence’’; ALTIES.—Any alien who is apprehended while than 10 years, or both. (C) in subparagraph (D)(ii), by inserting ‘‘, entering, attempting to enter, or knowingly alien smuggling crime,’’ after ‘‘crime of vio- crossing or attempting to cross the border to ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The lence’’; and the United States at a time or place other prior convictions described in subsection (b) (2) by adding at the end the following: than as designated by immigration officers are elements of the crimes described in that ‘‘(6) For purposes of this subsection, the shall be subject to a civil penalty, in addi- subsection, and the penaltis in that sub- term ‘alien smuggling crime’ means any fel- tion to any criminal or other civil penalties section shall apply only in cases in which the ony punishable under section 274(a), 277, or that may be imposed under any other provi- conviction or convictions that form the basis 278 of the Immigration and Nationality Act sion of law, in an amount equal to— for the additional penalty are— (8 U.S.C. 1324(a), 1327, and 1328).’’. ‘‘(1) not less than $50 or more than $250 for ‘‘(1) alleged in the indictment or informa- SEC. 206. ILLEGAL ENTRY. each such entrv,crossing, attempted entry, tion; and (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) or attempted crossing; or ‘‘(2) proven beyond a reasonable doubt at is amended to read as follows: ‘‘(2) twice the amount speCified in para- trial or admitted by the defendant. graph (1) if the alien had previously been ‘‘SEC. 275. ILLEGAL ENTRY. ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an ‘‘(a) IN GENERAL.— subject to a civil penalty under this sub- affirmative defense to a violation of this sec- ‘‘(1) CRIMINAL OFFENSES.— An alien shall be section.’’ tion that— (b) CLERICAL AMENDMENT.—The table of subject to the penalties set forth in para- ‘‘(1) prior to the alleged violation, the alien contents is amended by striking the item re- graph (2) if the alien— had sought and received the express consent lating to section 275 and inserting the fol- ‘‘(A) knowingly enters or crosses the bor- of the Secretary of Homeland Security to re- lowing: der into the United States at any time or apply for admission into the United States; place other than as designated by the Sec- ‘‘Sec. 275. Illegal entry.’’. retary of Homeland Security; ‘‘(2) with respect to an alien previously de- (c) EFFECTIVE DATE.—Subsection (a)(4) of nied admission and removed, the alien— ‘‘(B) knowingly eludes examination or in- section 275 of the Immigration and Nation- ‘‘(A) was not required to obtain such ad- spection by an immigration officer (includ- ality Act, as created by this Act, shall apply vance consent under the Immigration and ing failing to stop at the command of such only to violations of subsection (a)(l) of Sec- Nationality Act or any prior Act; and officer), or a customs or agriculture inspec- tion 275 committed on or after the date of tion at a port of entry; or enactment of this Act. ‘‘(B) had complied with all other laws and ‘‘(C) knowngly enters or crosses the border regulations governing the alien’s admission SEC. 207. ILLEGAL REENTRY. to the United States by means of a know- into the United States; or ingly false or misleading representation or Section 276(8 U.S.C. 1326) is amended to read as follows: ‘‘(3) at the time of the prior exclusion, de- the knowing concealment of a material fact portation, removal, or denial of admission ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. (including such representation or conceal- alleged in the violation, the alien— ment in the context of arrival, reporting, ‘‘(a) REENTRY AFTER REMOVAL.—Any alien ‘‘(A) was under the age of eighteen, and entry, or clearance, requirements of the cus- who has been denied admission, excluded, de- toms laws, immigration laws, agriculture ported, or removed, or who has departed the ‘‘(B) had not been convicted of a crime or laws, or shipping laws). United States while an order of exclusion; adjudicated a delinquent minor by a court of ‘‘(2) CRIMINAL PENALTIES.—Any alien who deportation, or removal is outstanding, and the United States, or a court of a state or violates any provision under paragraph (1)— subsequently enters, attempts to enter, territory, for conduct that would constitute ‘‘(A) shall, for the first violation, be fined crosses the border to, attempts to cross the a felony if committed by an adult. under title 18, United States Code, impris- border to, or is at any time found in the ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON oned not more than 6 months, or both; United States, shall be fined under title 18, UNDERLYING REMOVAL ORDER.—In a criminal ‘‘(B) shall, for a second or subsequent vio- United States Code, imprisoned not more proceeding under this section, an alien may lation, or following an order of voluntary de- than 2 years, or both. not challenge the validity of any prior re- parture, be fined under such title, impris- ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.— moval order concerning the alien unless the oned not more than 2 years, or both; Notwithstanding the penaity provided in alien demonstrates by clear and convincing ‘‘(C) if the violation occurred after the subsection (a), if an alien described in that evidence that— alien had been convicted of 3 or more mis- subsection— ‘‘(1) the alien exhausted all administrative demeanors or for a felony, shall be fined ‘‘(1) was convicted for 3 or more mis- remedies that may have been available to under such title, imprisoned not more than demeanors or a felony before such removal seek relief against the order; 10 years, or both; or departure, the alien shall be fined under ‘‘(2) the removal proceedings at which the ‘‘(D) if the violation occurred after the title 18, United States Code, imprisoned not order was issued improperly deprived the alien had been convicted of a felony for more than 10 years, or both; alien of the opportunity for judicial review; which the alien received a term of imprison- ‘‘(2) was convicted for a felony before such and ment of not less than 30 months, shall be removal or departure for which the alien was fined under such title, imprisoned n’ot more sentenced to a term of imprisonment of not ‘‘(3) the entry of the order was fundamen- than 15 years, or both; and less than 30 months, the alien shall be fined tally unfair. ‘‘(E) if the violation occurred after the under such title, imprisoned not more than ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO alien had been convicted of a felony for 15 years, or both; COMPLETION OF TERM OF IMPRISONMENT.—Any which the alien received a term of imprison- ‘‘(3) was convicted for a felony before such alien removed pursuant to section 241(a)(4) ment of not less than 60 months, such alien removal or departure for which the alien was who enters, attempts to enter, crosses the shall be fined under such title, imprisoned sentenced to a term of imprisonment of not border to, attempts to cross the border to, or not more than 20 years, or both. less than 60 months, the alien shall be fined is at any time found in, the United States ‘‘(3) PRIOR CONVICTIONS.—The prior convic- under such title, imprisoned not more than shall be incarcerated for the remainder of tions described in subparagraphs (C) through 20 years, or both; the sentence of imprisonment which was

VerDate Aug 31 2005 09:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.045 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6635 pending at the time of deportation without shall be fined under this title, imprisoned shall be fined under this title, imprisoned any reduction for parole or supervised re- not more than 20 years, or both. not more than 15 years, or both. lease unless the alien affirmatively dem- ‘‘(b) PASSPORT MATERIALS.—Any person ‘‘§ 1545. Schemes to defraud aliens onstrates that the Secretary of Homeland who knowingly and without lawful authority ‘‘(a) IN GENERAL.—Any person who know- Security has expressly consented to the produces, buys, sells, possesses, or uses any ingly executes a scheme or artifice, in con- alien’s reentry. Such alien shall be subject to official material (or counterfeit of any offi- nection with any matter that is authorized such other penalties relating to the reentry cial material) used to make a passport, in- by or arises under Federal immigration laws of removed aliens as may be available under cluding any distinctive paper, seal, or any matter the offender claims or rep- this section or any other provision of law. hologram, image, text, symbol, stamp, en- resents is authorized by or arises under Fed- ‘‘(h) LIMITATION.—It is not aiding and abet- graving, or plate, shall be fined under this eral immigration laws, to— ting a violation of this section for an indi- title, imprisoned not more than 20 years, or ‘‘(1) defraud any person, or both. vidual to provide an alien with emergency ‘‘(2) obtain or receive money or anything humanitarian assistance, including emer- ‘‘§ 1542. False statement in an application for else of value from any person, by means of gency medical care and food, or to transport a passport false or fraudulent pretenses, representa- the alien to a location where such assistance ‘‘(a) IN GENERAL.—Any person who know- tions, or promises, can be rendered without compensation or the ingly makes any false statement or represen- shall be fined under this title, imprisoned expectation of compensation. tation in an application for a United States ‘‘(i) DEFINITIONS.—In this section: not more than 15 years, or both. passport, or mails, prepares, presents, or ‘‘(b) MISREPRESENTATION.—Any person who ‘‘(1) FELONY.—The term ‘felony’ means any signs an application for a United States pass- criminal offense punishable by a term of im- knowingly and falsely represents that such port knowing the application to contain any person is an attorney or accredited rep- prisonment of more than 1 year under the false statement or representation, shall be laws of the United States, any State, or a resentative (as that term is defined in sec- fined under this title, imprisoned not more tion 1292.1 of title 8, Code of Federal Regula- foreign government. than 15 years, or both. ‘‘(2) MISDEMEANOR.—The term ‘mis- tions (or any successor regulation to such ‘‘(b) VENUE.— section)) in any matter arising under Federal demeanor’ means any criminal offense pun- ‘‘(1) An offense under subsection (a) may be immigration laws shall be fined under this ishable by a term of imprisonment of not prosecuted in any district, title, imprisoned not more than 15 years, or more than 1 year under the applicable laws ‘‘(A) in which the false statement or rep- both. of the United States, any State, or a foreign resentation was made or the application for government. a United States passport was prepared or ‘‘§ 1546. Immigration and visa fraud ‘‘(3) REMOVAL.—The term ‘removal’ in- signed, or ‘‘(a) IN GENERAL.—Any person who know- cludes any denial of admission, exclusion, ‘‘(B) in which or to which the application ingly— deportation, or removal, or any agreement was mailed or presented. ‘‘(1) uses any immigration document issued by which an alien stipulates or agrees to ex- ‘‘(2) An offense under subsection (a) involv- or designed for the use of another; clusion, deportation, or removal. ing an application prepared and adjudicated ‘‘(2) forges, counterfeits, alters, or falsely ‘‘(4) STATE.—The term ‘State’ means a outside the United States may be prosecuted makes any immigration document; State of the United States, the District of in the district in which the resultant pass- ‘‘(3) completes, mails, prepares, presents, Columbia, and any commonwealth, territory, port was or would have been produced. signs, or submits any immigration document or possession of the United States.’’. ‘‘(c) SAVINGS CLAUSE.—Nothing in this sec- knowing it to contain any materially false SEC. 208. REFORM OF PASSPORT,VISA, AND IMMI- tion may be construed to limit the venue statement or representation; GRATION FRAUD OFFENSES. otherwise available under sections 3237 and ‘‘(4) secures, possesses, uses, transfers, re- (a) PASSPORT, VISA, AND IMMIGRATION 3238 of this title. ceives, buys, sells, or distributes any immi- FRAUD.— ‘‘§ 1543. Forgery and unlawful production of gration document knowing it to be forged, (1) IN GENERAL.—Chapter 75 of title 18; a passport counterfeited, altered, falsely made, stolen, United States Code, is amended to read as ‘‘(a) FORGERY.—Any person who— procured by fraud, or produced or issued follows: ‘‘(1) knowingly forges, counterfeits, alters, without lawful authority; ‘‘CHAPTER 75—PASSPORT, VISA, AND or falsely makes any passport; or ‘‘(5) adopts or uses a false or fictitious IMMIGRATION FRAUD ‘‘(2) knowingly transfers any passport name to evade or to attempt to evade the knowing it to be forged, counterfeited, al- immigration laws; or tered, falsely made, stolen, or to have been ‘‘(6) transfers or furnishes, without lawful ‘‘Sec. produced or issued without lawful authority, authority, an immigration document to an- ‘‘1541. Trafficking in passports. shall be fined under this title, imprisoned other person for use by a person other than ‘‘1542. False statement in an application for not more than 15 years, or both. the person for whom the immigration docu- a passport. ‘‘(b) UNLAWFUL PRODUCTION.—Any person ment was issued or designed, ‘‘1543. Forgery and unlawful production of a who knowingly and without lawful author- shall be fined under this title, imprisoned passport. ity— not more than 15 years, or both. ‘‘1544. Misuse of a passport. ‘‘(1) produces, issues, authorizes, or verifies ‘‘(b) Any person who, during any period of ‘‘1545. Schemes to defraud aliens. a passport in violation of the laws, regula- 3 years or less, knowingly— ‘‘1546. Immigration and visa fraud. tions, or rules governing the issuance of the ‘‘(1) and without lawful authority pro- ‘‘1547. Marriage fraud. passport; duces, issues, or transfers 10 or more immi- ‘‘1548. Attempts and conspiracies. ‘‘(2) produces, issues, authorizes, or verifies gration documents; ‘‘1549. Alternative penalties for certain of- a United States passport for or to any per- ‘‘(2) forges, counterfeits, alters, or falsely fenses. son, knowing or in reckless disregard of the makes 10 or more immigration documents; ‘‘1550. Seizure and forfeiture. fact that such person is not entitled to re- ‘‘(3) secures, possesses, uses, buys, sells, or ‘‘1551. Additional jurisdiction. ceive a passport; or distributes 10 or more immigration docu- ‘‘1552. Definitions. ‘‘(3) transfers or furnishes a passport to ments, knowing the immigration documents ‘‘1553. Authorized law enforcement activi- any person for use by any person other than to be forged, counterfeited, altered, stolen, ties. the person for whom the passport was issued falsely made, procured by fraud, or produced ‘‘§ 1541. Trafficking in passports or designed, or issued without lawful authority; or ‘‘(a) MULTIPLE PASSPORTS.—Any person shall be fined under this title, imprisoned ‘‘(4) completes, mails, prepares, presents, who, during any period of 3 years or less, not more than 15 years, or both. signs, or submits 10 or more immigration knowingly— ‘‘§ 1544. Misuse of a passport documents knowing the documents to con- tain any materially false statement or rep- ‘‘(1) and without lawful authority pro- ‘‘Any person who knowingly— duces, issues, or transfers 10 or more pass- ‘‘(1) uses any passport issued or designed resentation, ports; for the use of another; shall be fined under this title, imprisoned ‘‘(2) forges, counterfeits, alters, or falsely ‘‘(2) uses any passport in violation of the not more than 20 years, or both. makes 10 or more passports; conditions or restrictions therein contained, ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.— ‘‘(3) secures, possesses, uses, receives, buys, or in violation of the laws, regulations, or Any person who knowingly and without law- sells, or distributes 10 or more passports, rules governing the issuance and use of the ful authority produces buys, sells, or pos- knowing the passports to be forged, counter- passport; sesses any official material (or counterfeit of feited, altered, falsely made, stolen, procured ‘‘(3) secures, possesses, uses, receives, buys, any official material) used to make an immi- by fraud, or produced or issued without law- sells, or distributes any passport knowing it gration document, including any distinctive ful authority; or to be forged, counterfeited, altered, falsely paper, seal, hologram, image, text, symbol, ‘‘(4) completes, mails, prepares, presents, made, procured by fraud, or produced or stamp, engraving, or plate, shall be fined signs, or submits 10 or more applications for issued without lawful authority; or under this title, imprisoned not more than 20 a United States passport, knowing the appli- ‘‘(4) violates the terms and conditions of years, or both. cations to contain any false statement or any safe conduct duly obtained and issued ‘‘(d) EMPLOYMENT DOCUMENTS.—Whoever representation, under the authority of the United States, uses—

VerDate Aug 31 2005 09:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.047 S24MYPT1 bajohnson on PRODPC74 with SENATE S6636 CONGRESSIONAL RECORD — SENATE May 24, 2007 ‘‘(1) an identification document, knowing civil forfeitures, except that such duties as ‘‘(6) The term ‘immigration proceeding’ in- (or having reason to know) that the docu- are imposed upon the Secretary of the Treas- cludes an adjudication, interview, hearing, ment was not issued lawfully for the use of ury under the customs laws described in sec- or review. the possessor; tion 981(d) shall be performed by such offi- ‘‘(7) A person does not exercise ‘lawful au- ‘‘(2) an identification document knowing cers, agents, and other persons as may be thority’ if the person abuses or improperly (or having reason to know) that the docu- designated for that purpose by the Secretary exercises lawful authority the person other- ment is false; or of Homeland Security, the Secretary of wise holds. ‘‘(3) a false attestation, State, or the Attorney General. ‘‘(8) The term ‘passport’ means— for the purpose of satisfying a requirement ‘‘§ 1551. Additional jurisdiction ‘‘(A) a travel document attesting to the identity and nationality of the bearer that is of section 274A(b) of the Immigration and ‘‘(a) IN GENERAL.—Any person who com- Nationality Act (8 U.S.C. 1324a(b)), shall be mits an offense under this chapter within the issued under the authority of the Secretary fined under this title, imprisoned not more special maritime and territorial jurisdiction of State, a foreign government, or an inter- than 5 years, or both. of the United States shall be punished as national organization; or ‘‘§ 1547. Marriage fraud provided under this chapter. ‘‘(B) any instrument purporting to be a document described in subparagraph (A). ‘‘(a) EVASION OR MISREPRESENTATION.—Any ‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any person who commits an offense under this ‘‘(9) The term ‘to present’ means to offer or person who— submit for official processing, examination, ‘‘(1) knowingly enters into a marriage for chapter outside the United States shall be punished as provided under this chapter if— or adjudication. Any such presentation con- the purpose of evading any provision of the tinues until the official processing, examina- immigration laws; or ‘‘(1) the offense involves a United States passport or immigration document (or any tion, or adjudication is complete. ‘‘(2) knowingly misrepresents the existence ‘‘(10) The term ‘proceeds’ includes any or circumstances of a marriage— document purporting to be such a document) or any matter, right, or benefit arising under property or interest in property obtained or ‘‘(A) in an application or document author- retained as a consequence of an act or omis- ized by the immigration laws; or or authorized by Federal immigration laws; ‘‘(2) the offense is in or affects foreign com- sion in violation of this section. ‘‘(B) during any immigration proceeding ‘‘(11) The term ‘produce’ means to make, conducted by an administrative adjudicator merce; ‘‘(3) the offense affects, jeopardizes, or prepare, assemble, issue, print, authenticate, (including an immigration officer or exam- poses a significant risk to the lawful admin- or alter. iner, a consular officer, an immigration istration of Federal immigration laws, or the ‘‘(12) The term ‘State’ means a State of the judge, or a member of the Board of Immigra- national security of the United States; United States, the District of Columbia, or tion Appeals), ‘‘(4) the offense is committed to facilitate any commonwealth, territory, or possession shall be fined under this title, imprisoned an act of, international terrorism (as defined of the United States. not more than 10 years, or both. in section 2331) or a drug trafficking crime ‘‘(13) The ‘use’ of a passport or an immigra- ‘‘(b) MULTIPLE MARRIAGES.— Any person (as defined in section 929(a)(2)) that affects tion document referred to in section 1541(a), who— or would affect the national security of the section 1543(b), section 1544, section 1546(a), ‘‘(1) knowingly enters into 2 or more mar- United States; and section 1546(b) of this chapter includes riages for the purpose of evading any immi- ‘‘(5) the offender is a national of the United any officially authorized use; use to travel; gration law; or States or an alien lawfully admitted for per- use to demonstrate identity, residence, na- ‘‘(2) knowingly arranges, supports, or fa- manent residence in the United States (as tionality, citizenship, or immigration status; cilitates 2 or more marriages designed or in- those terms are defined in section 101(a) of use to seek or maintain employment; or use tended to evade any immigration law, the Immigration and Nationality Act (8 in any matter within the jurisdiction of the shall be fined under this title, imprisoned U.S.C. 1101(a))); or Federal government or of a State govern- not more than 20 years, or both. ‘‘(6) the offender is a stateless person ment. ‘‘(c) COMMERCIAL ENTERPRISE.—Any person whose habitual residence is in the United ‘‘§ 1553. Authorized law enforcement activi- who knowingly establishes a commercial en- States. ties terprise for the purpose of evading any provi- ‘‘§ 1552. Definitions sion of the immigration laws shall be fined ‘‘Nothing in this chapter shall prohibit any ‘‘As used in this chapter: lawfully authorized investigative, protec- under this title, imprisoned for not more ‘‘(1) The term ‘falsely make’ means to pre- than 10 years, or both. tive, or intelligence activity of a law en- pare or complete an immigration document forcement agency of the United States, a ‘‘(d) DURATION OF OFFENSE.— with knowledge or in reckless disregard of State, or a political subdivision of a State, ‘‘(1) IN GENERAL.—An offense under sub- the fact that the document— section (a) or (b) continues until the fraudu- or an intelligence agency of the United ‘‘(A) contains a statement or representa- States, or any activity authorized under lent nature of the marriage or marriages is tion that is false, fictitious, or fraudulent; discovered by an immigration officer. title V of the Organized Crime Control Act of ‘‘(B) has no basis in fact or law; or 1970 (84 Stat. 933).’’. ‘‘(2) COMMERCIAL ENTERPRISE.—An offense ‘‘(C) otherwise fails to state a fact which is (b) PROTECTION FOR LEGITIMATE REFUGEES under subsection (c) continues until the material to the purpose for which the docu- AND ASYLUM SEEKERS.— fraudulent nature of the commercial enter- ment was created, designed, or submitted. (1) PROSECUTION GUIDELINES.—The Attor- prise is discovered by an immigration officer ‘‘(2) The term ‘application for a United ney General, in consultation with the Sec- or other law enforcement officer. States passport’ includes any document, pho- retary of Homeland Security, shall develop tograph, or other piece of evidence attached ‘‘§ 1548. Attempts and conspiracies binding prosecution guidelines for federal to or submitted in support of the applica- ‘‘Any person who attempts or conspires to prosecutors to ensure that any prosecution tion. violate any section of this chapter shall be ‘‘(3) The term ‘false statement or represen- of an alien seeking entry into the United punished in the same manner as a person tation’ includes a personation or an omis- States by fraud is consistent with the obliga- who completed a violation of that section. sion. tions of the United States under Article 31(1) ‘‘§ 1549. Alternative penalties for certain of- ‘‘(4) The term ‘immigration document’— of the Convention Relating to the Status of fenses ‘‘(A) means any application, petition, affi- Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to ‘‘Notwithstanding any other provision of davit, declaration, attestation, form, visa, the Status of Refugees, done at New York this title, the maximum term of imprison- identification card, alien registration docu- January 31, 1967 (19 UST 6223)). ment that may be imposed for an offense ment, employment authorization document, (2) NO PRIVATE RIGHT OF ACTION.—The under this chapter— border crossing card, certificate, permit, guidelines required by subparagraph (1), and ‘‘(1) if committed to facilitate a drug traf- order, license, stamp, authorization, grant of any internal office procedures adopted pur- ficking crime (as defined in 929(a)) is 20 authority, or other official document, aris- suant thereto, are intended solely for the years; and ing under or authorized by the immigration guidance of attorneys for the United States. ‘‘(2) if committed to facilitate an act of laws of the United States; and This section, the guidelines required by sub- international terrorism (as defined in sec- ‘‘(B) includes any document, photograph, section (a), and the process for determining tion 2331) is 25 years. or other piece of evidence attached to or sub- mitted in support of an immigration docu- such guidelines are not intended to, do not, ‘‘§ 1550. Seizure and forfeiture ment. and may not be relied upon to create any ‘‘(a) FORFEITURE.—Any property, real or ‘‘(5) The term ‘immigration laws’ in- right or benefit, substantive or procedural, personal, used to commit or facilitate the cludes— enforceable at law by any party in any ad- commission of a violation of any section of ‘‘(A) the laws described in section 101(a)(17) ministrative, civil, or criminal matter. this chapter, the gross proceeds of such vio- of the Immigration and Nationality Act (8 SEC. 209. INADMISSIBILITY AND REMOVAL FOR lation, and any property traceable to such U.S.C. 1101(a)(17)); PASSPORT AND IMMIGRATION property or proceeds, shall be subject to for- ‘‘(B) the laws relating to the issuance and FRAUD OFFENSES. feiture. use of passports; and (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) ‘‘(b) APPLICABLE LAW.—Seizures and for- ‘‘(C) the regulations prescribed under the (8 U.S.C. 1182(a)(2)(A)(i)) is amended— feitures under this section shall be governed authority of any law described in paragraphs (1) in subclause (I), by striking ‘, or’ at the by the provisions of chapter 46 relating to (A) and (B). end and inserting a semicolon;

VerDate Aug 31 2005 09:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.049 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6637 (2) in subclause (II), by striking the comma conclusion of such proceedings before an im- any other terms of the agreement (including at the end and inserting ‘; or’; and migration judge.’’; failure to timely post any required bond), (3) by inserting after subclause (II) the fol- (E) in paragraph (3), as redesignated— the alien is— lowing: (i) by amending subparagraph (A) to read ‘‘(A) ineligible for the benefits of the ‘‘(III) a violation of (or a conspiracy or at- as follows: agreement; tempt to violate) section 1541, 1545, sub- ‘‘(A) INSTEAD OF REMOVAL.—Subject to sub- ‘‘(B) subject to the penalties described in section (b) of section 1546, or subsection (b) paragraph (C), permission to voluntarily de- subsection (d); and of section 1547 of title 18, United States part under paragraph (1) shall not be valid ‘‘(C) subject to an alternate order of re- Code,’’. for any period in excess of 120 days. The Sec- moval if voluntary departure was granted (b) REMOVAL.—Section 237(a)(3)(B)(iii) (8 retary may require an alien permitted to under subsection (a)(2) or (b)’’; U.S.C. 1227(a)(3)(B)(iii)) is amended to read as voluntarily depart under paragraph (1) to (4) by amending subsection (d) to read as follows: follows: post a voluntary departure bond, to be sur- ‘‘(d) PENALTIES FOR FAILURE TO DEPART.— ‘‘(iii) a violation of (or a conspiracy or at- rendered upon proof that the alien has de- If an alien is permitted to voluntarily depart parted the United States within the time tempt to violate) section 1541, 1545, 1546, or under this section and fails to voluntarily subsection (b) of section 1547 of title 18, specified.’’; (ii) by redesignating subparagraphs (B), depart from the United States within the United States Code,’’. time period specified or otherwise violates (C), and (D) as paragraphs (C), (D), and (E), (c) EFFECTIVE DATE.—The amendments the terms of a voluntary departure agree- respectively; made by subsections (a) and (b) shall apply ment, the alien will be subject to the fol- to proceedings pending on or after the date (iii) by adding after subparagraph (A) the following: lowing penalties: of the enactment of this Act, with respect to ‘‘(1) CIVIL PENALTY.—The alien shall be lia- ‘‘(B) BEFORE THE CONCLUSION OF REMOVAL conduct occurring on or after that date. ble for a civil penalty of $3,000. The order al- PROCEEDINGS.—Permission to voluntarily de- SEC. 210. INCARCERATION OF CRIMINAL ALIENS. lowing voluntary departure shall specify the part under paragraph (2) shall not be valid (a) INSTITUTIONAL REMOVAL PROGRAM.— amount of the penalty, which shall be ac- for any period in excess of 60 days, and may (1) CONTINUATION.—The Secretary shall knowledged by the alien on the record. If the be granted only after a finding that the alien continue to operate the Institutional Re- Secretary thereafter establishes that the has the means to depart the United States moval Program (referred to in this section as alien failed to depart voluntarily within the and intends to do so. An alien permitted to the ‘‘Program’’) or shall develop and imple- time allowed, no further procedure will be voluntarily depart under paragraph (2) shall ment another program to— necessary to establish the amount of the post a voluntary departure bond, in an (A) identify removable criminal aliens in penalty, and the Secretary may collect the amount necessary to ensure that the alien Federal and State correctional facilities; civil penalty at any time thereafter and by will depart, to be surrendered upon proof (B) ensure that such aliens are not released whatever means provided by law. An alien that the alien has departed the United into the community; and will be ineligible for any benefits under this States within the time specified. An immi- (C) remove such aliens from the United chapter until this civil penalty is paid. gration judge may waive the requirement to States after the completion of their sen- ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien tences. post a voluntary departure bond in indi- shall be ineligible during the time the alien vidual cases upon a finding that the alien (2) EXPANSION.—The Secretary may extend remains in the United States and for a period the scope of the Program to all States. has presented compelling evidence that the of 10 years after the alien’s departure for any posting of a bond will pose a serious finan- (b) TECHNOLOGY USAGE.—Technology, such further relief under this section and sections as videoconferencing, shall be used to the cial hardship and the alien has presented 240A, 245, 248, and 249. The order permitting maximum extent practicable to make the credible evidence that such a bond is unnec- the alien to depart voluntarily shall inform Program available in remote locations. Mo- essary to guarantee timely departure.’’; the alien of the penalties under this sub- (iv) in subparagraph (C), as redesignated, bile access to Federal databases of aliens, section. by striking ‘‘subparagraphs (C) and (D)(ii)’’ such as IDENT, and live scan technology ‘‘(3) REOPENING.—The alien shall be ineli- and inserting ‘‘subparagraphs (D) and shall be used to the maximum extent prac- gible to reopen the final order of removal (E)(ii)’’; ticable to make these resources available to that took effect upon the alien’s failure to (v) in subparagraph (D), as redesignated, by State and local law enforcement agencies in depart, or upon the alien’s other violations striking ‘‘subparagraph (B)’’ each place that remote locations. of the conditions for voluntary departure, term appears and inserting ‘‘subparagraph (c) REPORT TO CONGRESS.—Not later than 6 during the period described in paragraph (2). (C)’’; and months after the date of the enactment of This paragraph does not preclude a motion (vi) in subparagraph (E), as redesignated, to reopen to seek withholding of removal this Act, and annually thereafter, the Sec- by striking ‘‘subparagraph (B)’’ each place retary shall submit a report to Congress on under section 241(b)(3) or protection against that term appears and inserting ‘‘subpara- torture, if the motion— the participation of States in the Program graph (C)’’; and and in any other program authorized under ‘‘(A) presents material evidence of changed (F) in paragraph (4), by striking ‘‘para- country conditions arising after the date of subsection (a). graph (1)’’ and inserting ‘‘paragraphs (1) and (d) AUTHORIZATION OF APPROPRIATIONS.— the order granting voluntary departure in (2)’’; the country to which the alien would be re- There are authorized to be appropriated such (2) in subsection (b)(2), by striking ‘‘a pe- sums as may be necessary in each of the fis- moved; and riod exceeding 60 days’’ and inserting ‘‘any ‘‘(B) makes a sufficient showing to the sat- cal years 2008 through 2012 to carry out the period in excess of 45 days’’; Program. isfaction of the Attorney General that the (3) by amending subsection (c) to read as alien is otherwise eligible for such protec- SEC. 211. ENCOURAGING ALIENS TO DEPART follows: tion.’’; and VOLUNTARILY. ‘‘(c) CONDITIONS ON VOLUNTARY DEPAR- (5) by amending subsection (e) to read as (a) IN GENERAL.—Section 240B (8 U.S.C. TURE.— follows: 1229c) is amended— ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— ‘‘(e) ELIGIBILITY.— (1) in subsection (a)— Voluntary departure may only be granted as ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR- (A) by amending paragraph (1) to read as part of an affirmative agreement by the TURE.—An alien shall not be permitted to follows: alien. voluntarily depart under this section if the ‘‘(1) INSTEAD OF REMOVAL PROCEEDINGS.—If ‘‘(2) CONCESSIONS BY THE SECRETARY.—In Secretary of Homeland Security or the At- an alien is not described in paragraph connection with the alien’s agreement to de- torney General previously permitted the (2)(A)(iii) or (4) of section 237(a), the Sec- part voluntarily under paragraph (1), the alien to depart voluntarily. retary of Homeland Security may permit the Secretary of Homeland Security may agree ‘‘(2) RULEMAKING.—The Secretary may pro- alien to voluntarily depart the United States to a reduction in the period of inadmis- mulgate regulations to limit eligibility or at the alien’s own expense under this sub- sibility under subparagraph (A) or (B)(i) of impose additional conditions for voluntary section instead of being subject to pro- section 212(a)(9). departure under subsection (a)(1) for any ceedings under section 240.’’; ‘‘(3) ADVISALS.—Agreements relating to class of aliens. The Secretary or Attorney (B) by striking paragraph (3); voluntary departure granted during removal General may by regulation limit eligibility (C) by redesignating paragraph (2) as para- proceedings under section 240, or at the con- or impose additional conditions for vol- graph (3); clusion of such proceedings, shall be pre- untary departure under subsections (a)(2) or (D) by adding after paragraph (1) the fol- sented on the record before the immigration (b) of this section for any class or classes of lowing: judge. The immigration judge shall advise aliens.’’; and ‘‘(2) BEFORE THE CONCLUSION OF REMOVAL the alien of the consequences of a voluntary (6) in subsection (f), by adding at the end PROCEEDINGS.—If an alien is not described in departure agreement before accepting such the following: ‘‘Notwithstanding section paragraph (2)(A)(iii) or (4) of section 237(a), agreement. 242(a)(2)(D) of this Act, sections 1361, 1651, the Attorney General may permit the alien ‘‘(4) FAILURE TO COMPLY WITH AGREEMENT.— and 2241 of title 28, United States Code, any to voluntarily depart the United States at If an alien agrees to voluntary departure other habeas corpus provision, and any other the alien’s own expense under this sub- under this section and fails to depart the provision of law (statutory or nonstatutory), section after the initiation of removal pro- United States within the time allowed for no court shall have jurisdiction to affect, re- ceedings under section 240 and before the voluntary departure or fails to comply with instate, enjoin, delay, stay, or toll the period

VerDate Aug 31 2005 07:36 May 25, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.072 S24MYPT1 bajohnson on PRODPC74 with SENATE S6638 CONGRESSIONAL RECORD — SENATE May 24, 2007 allowed for voluntary departure under this (2) in subsection (g)(5)—in subparagraph shall establish an interagency task force to section.’’. (B), by striking ‘‘(y)(2)’’ and all that follows resolve cases in which an application or peti- (b) RULEMAKING.—The Secretary shall pro- and inserting ‘‘(y), is in the United States tion for an immigration benefit conferred mulgate regulations to provide for the impo- not as an alien lawfully admitted for perma- under this Act has been delayed due to an sition and collection of penalties for failure nent residence’’; and outstanding background check investigation to depart under section 240B(d) of the Immi- (3) in subsection (y)— for more than 2 years after the date on which gration and Nationality Act (8 U.S.C. (A) in the header, by striking ‘‘Admitted such application or petition was initially 1229c(d)). Under Nonimmigrant Visas’’ and inserting filed. (c) EFFECTIVE DATES.— ‘‘not Lawfully Admitted for Permanent Resi- ‘‘(2) MEMBERSHIP.—The interagency task (1) IN GENERAL.—Except as provided in dence’’; force established under paragraph (1) shall paragraph (2), the amendments made by this (B) in paragraph (1), by amending subpara- include representatives from Federal agen- section shall apply with respect to all orders graph (B) to read as follows: cies with immigration, law enforcement, or granting voluntary departure under section ‘‘(B) the term ‘lawfully admitted for per- national security responsibilities under this 240B of the Immigration and Nationality Act manent residence’ has the same meaning as Act.’’. (8 U.S.C. 1229c) made on or after the date in section 101(a)(20) of the Immigration and (b) AUTHORIZATION OF APPROPRIATIONS.— that is 180 days after the enactment of this Nationality Act (8 U.S.C. 1101(a)(20)).’’; There are authorized to be appropriated to Act. (C) in paragraph (2), by striking ‘‘under a the Director of the Federal Bureau of Inves- (2) EXCEPTION.—The amendment made by nonimmigrant visa’’ and inserting ‘‘but not tigation such sums as are necessary for each subsection (a)(6) shall take effect on the date lawfully admitted for permanent residence’’; fiscal year, 2008 through 2012 for enhance- of the enactment of this Act and shall apply and ments to existing systems for conducting with respect to any petition for review which (D) in paragraph (3)(A), by striking ‘‘ad- background and security checks necessary to is filed on or after such date. mitted to the United States under a non- support immigration security and orderly SEC. 212. DETERRING ALIENS ORDERED RE- immigrant visa’’ and inserting ‘‘lawfully ad- processing of applications. MOVED FROM REMAINING IN THE mitted to the United States but not as an (c) REPORT ON BACKGROUND AND SECURITY UNITED STATES UNLAWFULLY. alien lawfully admitted for permanent resi- CHECKS.— (a) INADMISSIBLE ALIENS.—Section dence’’. (1) IN GENERAL.—Not later than 180 days 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amend- SEC. 214. UNIFORM STATUTE OF LIMITATIONS after the date of the enactment of this Act, ed— FOR CERTAIN IMMIGRATION, PASS- the Director of the Federal Bureau of Inves- (1) in clause (i), by striking ‘‘seeks admis- PORT, AND NATURALIZATION OF- tigation shall submit to the Committee on sion within 5 years of the date of such re- FENSES. the Judiciary of the Senate and the Com- moval (or within 20 years’’ and inserting (a) IN GENERAL.—Section 3291 of title 18, mittee on the Judiciary of the House of Rep- ‘‘seeks admission not later than 5 years after United States Code, is amended to read as resentatives a report on the background and the date of the alien’s removal (or not later follows: security checks conducted by the Federal than 20 years after the alien’s removal’’; and ‘‘SEC. 3291. IMMIGRATION, PASSPORT, AND NATU- Bureau of Investigation on behalf of United (2) in clause (ii), by striking ‘‘seeks admis- RALIZATION OFFENSES. States Citizenship and Immigration Serv- sion within 10 years of the date of such ‘‘No person shall be prosecuted, tried, or ices. alien’s departure or removal (or within 20 punished for a violation of any section of (2) CONTENT.—The report required under years of’’ and inserting ‘‘seeks admission not chapters 69 (relating to nationality and citi- paragraph (1) shall include— later than 10 years after the date of the zenship offenses), 75 (relating to passport, (A) a description of the background and se- alien’s departure or removal (or not later visa, and immigration offenses), or for a vio- curity check program; than 20 years after’’. lation of any criminal provision under sec- (B) a statistical breakdown of the back- (b) BAR ON DISCRETIONARY RELIEF.—Sec- tion 243, 266, 274, 275, 276, 277, or 278 of the Im- ground and security check delays associated tion 274D (8 U.S.C. 1324d) is amended— migration and Nationality Act (8 U.S.C. 1253, with different types of immigration applica- (1) in subsection (a), by striking ‘‘Commis- 1306, 1324, 1325, 1326, 1327, and 1328), or for an tions; sioner’’ and inserting ‘‘Secretary of Home- attempt or conspiracy to violate any such (C) a statistical breakdown of the back- land Security’’; and section, unless the indictment is returned or ground and security check delays by appli- (2) by adding at the end the following: the information filed not later than 10 years cant country of origin; and ‘‘(c) INELIGIBILITY FOR RELIEF.— after the commission of the offense.’’. (D) the steps that the Director of the Fed- ‘‘(1) IN GENERAL.—Unless a timely motion (b) CLERICAL AMENDMENT.—The table of eral Bureau of Investigation is taking to ex- to reconsider under section 240(c)(6) or a sections for chapter 213 of title 18, United timely motion to reopen under section pedite background and security checks that States Code, is amended by striking the item have been pending for more than 180 days. 240(c)(7) is granted, an alien described in sub- relating to section 3291 and inserting the fol- SEC. 217. STATE CRIMINAL ALIEN ASSISTANCE section (a) shall be ineligible for any discre- lowing: tionary relief from removal (including can- PROGRAM. cellation of removal and adjustment of sta- ‘‘3291. Immigration, passport, and naturaliza- (a) REIMBURSEMENT FOR COSTS ASSOCIATED tus) during the time the alien remains in the tion offenses.’’. WITH PROCESSING CRIMINAL ILLEGAL United States and for a period of 10 years SEC. 215. DIPLOMATIC SECURITY SERVICE. ALIENS.—The Secretary may reimburse after the alien’s departure from the United (a) Section 2709(a)(1) of title 22, United States and units of local government for States. States Code, is amended to read as follows: costs associated with processing undocu- ‘‘(2) SAVINGS PROVISION.—Nothing in para- ‘‘(1) conduct investigations concerning— mented criminal aliens through the criminal graph (1) shall preclude a motion to reopen ‘‘(A) illegal passport or visa issuance or justice system, including— to seek withholding of removal under section use; (1) indigent defense; 241(b)(3) or protection against torture, if the ‘‘(B) identity theft or document fraud af- (2) criminal prosecution; motion— fecting or relating to the programs, func- (3) autopsies; ‘‘(A) presents material evidence of changed tions, and authorities of the Department of (4) translators and interpreters; and country conditions arising after the date of State; (5) courts costs. the final order of removal in the country to ‘‘(C) violations of chapter 77 of title 18, (b) AUTHORIZATION OF APPROPRIATIONS.— which the alien would be removed; and United States Code; and (1) PROCESSING CRIMINAL ILLEGAL ALIENS.— ‘‘(B) makes a sufficient showing to the sat- ‘‘(D) Federal offenses committed within There are authorized to be appropriated isfaction of the Attorney General that the the special maritime and territorial jurisdic- $400,000,000 for each of the fiscal years 2008 alien is otherwise eligible for such protec- tion defined in paragraph (9) of section 7 of through 2013 to carry out subsection (a). tion.’’. title 18, United States Code, except as that (2) COMPENSATION UPON REQUEST.—Section (c) EFFECTIVE DATES.—The amendments jurisdiction relates to the premises of United 241(i)(5) (8 U.S.C. 1231(i)) is amended to read made by this section shall take effect on the States military missions and related resi- as follows: date of the enactment of this Act with re- dences;’’. ‘‘(5) There are authorized to be appro- spect to aliens who are subject to a final (b) CONSTRUCTION.—Nothing in this section priated to carry this subsection— order of removal entered on or after such shall be construed to limit the investigative ‘‘(A) such sums as may be necessary for fis- date. authority of any other Federal department cal year 2008; SEC. 213. PROHIBITION OF THE SALE OF FIRE- or agency. ‘‘(B) $750,000,000 for fiscal year 2009; ARMS TO, OR THE POSSESSION OF SEC. 216. STREAMLINED PROCESSING OF BACK- ‘‘(C) $850,000,000 for fiscal year 2010; and FIREARMS BY CERTAIN ALIENS. GROUND CHECKS CONDUCTED FOR ‘‘(D) $950,000,000 for each of the fiscal years Section 922 of title 18, United States Code, IMMIGRATION BENEFITS. 2011 through 2013.’’. is amended— (a) INFORMATION SHARING; INTERAGENCY (c) TECHNICAL AMENDMENT.—Section 501 of (1) in subsection (d)(5)—in subparagraph TASK FORCE.—Section 105 (8 U.S.C. 1105) is the Immigration Reform and Control Act of (B), by striking ‘‘(y)(2)’’ and all that follows amended by adding at the end the following: 1986 (8 U.S.C. 1365) is amended by striking and inserting ‘‘(y), is in the United States ‘‘(e) INTERAGENCY TASK FORCE.— ‘‘Attorney General’’ each place it appears not as an alien lawfully admitted for perma- ‘‘(1) IN GENERAL.—The Secretary of Home- and inserting ‘‘Secretary of Homeland Secu- nent residence’’; land Security and the Attorney General rity’’.

VerDate Aug 31 2005 09:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.073 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6639

SEC. 218. TRANSPORTATION AND PROCESSING (b) AUTHORIZATION OF APPROPRIATIONS.— State to transfer custody of aliens to the De- OF ILLEGAL ALIENS-APPREHENDED There are authorized to be appropriated to partment of Homeland Security. BY STATE AND LOCAL LAW EN- the Secretary such sums as may be nec- ‘‘(b) REIMBURSEMENT.— FORCEMENT OFFICERS. essary to carry out this section and the ‘‘(1) IN GENERAL.—The Secretary of Home- (a) IN GENERAL.—The Secretary may pro- amendments made by this section. land Security shall reimburse a State, or a vide sufficient transportation and officers to political subdivision of a State, for expenses, take illegal aliens apprehended by State and SEC. 222. PROTECTING IMMIGRANTS FROM CON- VICTED SEX OFFENDERS. as verified by the Secretary, incurred by the local law enforcement officers into custody (a) IMMIGRANTS.—Section 204(a)(1) (8 U.S.C. State or political subdivision in the deten- for processing at a detention facility oper- 1154(a)(1)), is amended— tion and transportation of an alien as de- ated by the Department. (1) in subparagraph (A), by amending scribed in subparagraphs (A) and (B) of sub- (b) AUTHORIZATION OF APPROPRIATIONS.— clause (viii) to read as follows: section (c)(1). There are authorized to be appropriated such ‘‘(viii) Clause (i) shall not apply to a cit- ‘‘(2) COST COMPUTATION.—Compensation sums as may be necessary for each of fiscal izen of the United States who has been con- provided for costs incurred under subpara- years 2008 through 2012 to carry out this sec- victed of an offense described in subpara- graphs (A) and (B) of subsection (c)(1) shall tion. graph (A), (I), or (K) of section 101(a)(43), un- be— ‘‘(A) the product of— SEC. 219. REDUCING ILLEGAL IMMIGRATION AND less the Secretary of Homeland Security, in ‘‘(i) the average daily cost of incarceration ALIEN SMUGGLING ON TRIBAL the Secretary’s sole and unreviewable discre- LANDS. of a prisoner in the relevant State, as deter- tion, determines that the citizen poses no (a) GRANTS AUTHORIZED.—The Secretary mined by the chief executive officer of a risk to the alien with respect to whom a pe- may award grants to Indian tribes with lands State (or, as appropriate, a political subdivi- tition described in clause (i) is filed.’’; and adjacent to an international border of the sion of the State); multiplied by (2) in subparagraph (B)(i), by amending United States that have been adversely af- ‘‘(ii) the number of days that the alien was subclause (II) to read as follows: in the custody of the State or political sub- fected by illegal immigration. ‘‘(II) Subclause (I) shall not apply in the (b) USE OF FUNDS.—Grants awarded under division; plus case of an alien admitted for permanent resi- ‘‘(B) the cost of transporting the alien subsection (a) may be used for— dence who has been convicted of an offense (1) law enforcement activities; from the point of apprehension or arrest to described in subparagraph (A), (I), or (K) of (2) health care services; the location of detention, and if the location section 101(a)(43), unless the Secretary of (3) environmental restoration; and of detention and of custody transfer are dif- Homeland Security in the Secretary’s sole (4) the preservation of cultural resources. ferent, to the custody transfer point; plus and unreviewable discretion determines that (c) REPORT.—Not later than 180 days after ‘‘(C) the cost of uncompensated emergency the alien lawfully admitted for permanent the date of the enactment of this Act, the medical care provided to a detained alien residence poses no risk to the alien with re- Secretary shall submit a report to the Com- during the period between the time of trans- spect to whom a petition described in sub- mittee on the Judiciary of the Senate and mittal of the request described in subsection clause (I) is filed.’’. the Committee on the Judiciary of the House (c) and the time of transfer into Federal cus- (b) NONIMMIGRANTS.—Section 101(a)(l5)(K) of Representatives that— tody. (8 U.S.C. 1101(a)(l5)(K)), is amended by insert- (1) describes the level of access of Border ‘‘(c) REQUIREMENT FOR APPROPRIATE SECU- ing ‘‘(other than a citizen described in sec- Patrol agents on tribal lands; RITY.—The Secretary of Homeland Security tion 204(a)(1)(A)(viii))’’ after ‘‘citizen of the (2) describes the extent to which enforce- shall ensure that— United States’’ each place that phrase ap- ment of immigration laws may be improved ‘‘(1) aliens incarcerated in a Federal facil- pears. by enhanced access to tribal lands; ity pursuant to this section are held in fa- (3) contains a strategy for improving such SEC. 223 LAW ENFORCEMENT AUTHORITY OF cilities which provide an appropriate level of access through cooperation with tribal au- STATES AND POLITICAL SUBDIVI- security; and SIONS AND TRANSFER TO FEDERAL ‘‘(2) if practicable, aliens detained solely thorities; and CUSTODY. (4) identifies grants provided by the De- for civil violations of Federal immigration (a) IN GENERAL.—Title II (8 U.S.C. 1151 et law are separated within a facility or facili- partment for Indian tribes, either directly or seq.) is amended by adding after section 240C through State or local grants, relating to ties. the following new section: ‘‘(d) REQUIREMENT FOR SCHEDULE.—In car- border security expenses. ‘‘SEC. 240D. LAW ENFORCEMENT AUTHORITY OF rying out this section, the Secretary of (d) AUTHORIZATION OF APPROPRIATIONS.— STATES AND POLITICAL SUBDIVI- Homeland Security shall establish a regular There are authorized to be appropriated such SIONS AND TRANSFER OF ALIENS TO circuit and schedule for the prompt transpor- sums as may be necessary for each of the fis- FEDERAL CUSTODY. tation of apprehended aliens from the cus- cal years 2008 trough 2012 to carry out this ‘‘(a) TRANSFER.—If the head of a law en- tody of those States, and political subdivi- section. forcement entity of a State (or, if appro- sions of States, which routinely submit re- SEC. 220. ALTERNATIVES TO DETENTION. priate, a political subdivision of the State) quests described in subsection (c), into Fed- The Secretary shall conduct a study of— exercising authority with respect to the ap- eral custody. (1) the effectiveness of alternatives to de- prehension or arrest of an alien submits a re- ‘‘(e) AUTHORITY FOR CONTRACTS.— tention, including electronic monitoring de- quest to the Secretary of Homeland Security ‘‘(1) IN GENERAL.—The Secretary of Home- vices and intensive supervision programs, in that the alien be taken into Federal custody, land Security may enter into contracts or ensuring alien appearance at court and com- the Secretary of Homeland Security— cooperative agreements with appropriate pliance with removal orders; ‘‘(1) shall— State and local law enforcement and deten- (2) the effectiveness of the Intensive Super- ‘‘(A) deem the request to include the in- tion agencies to implement this section. vision Appearance Program and the costs quiry to verify immigration status described ‘‘(2) DETERMINATION BY SECRETARY.—Prior and benefits of expanding that program to in section 642(c) of the Illegal Immigration to entering into a contract or cooperative all States; and Reform and Immigrant Responsibility Act of agreement with a State or political subdivi- (3) other alternatives to detention, includ- 1996 (8 U.S.C. 1373(c)), and expeditiously in- sion of a State under paragraph (1), the Sec- ing— form the requesting entity whether such in- retary shall determine whether the State, or (A) release on an order of recognizance; dividual is an alien lawfully admitted to the if appropriate, the political subdivision in (B) appearance bonds; and United States or is otherwise lawfully which the agencies are located, has in place (C) electronic monitoring devices. present in the United States; and any formal or informal policy that violates SEC. 221. STATE AND LOCAL ENFORCEMENT OF ‘‘(B) if the individual is an alien who is not section 642 of the Illegal Immigration Re- FEDERAL IMMIGRATION LAWS. lawfully admitted to the United States or form and Immigrant Responsibility Act of (a) IN GENERAL.—Section 287(g) (8 U.S.C. otherwise is not lawfully present in the 1996 (8 U.S.C. 1373). The Secretary shall not 1357(g)) is amended— United States— allocate any of the funds made available (1) in paragraph (2), by adding at the end ‘‘(i) take the illegal alien into the custody under this section to any State or political the following: of the Federal Government not later than 72 subdivision that has in place a policy that ‘‘If such training is provided by a State or hours after— violates such section.’’. political subdivision of a State to an officer ‘‘(I) the conclusion of the State charging (b) AUTHORIZATION OF APPROPRIATIONS FOR or employee of such - State or political sub- process or dismissal process; or THE DETENTION AND TRANSPORTATION TO FED- division of a State, the cost of such training ‘‘(II) the illegal alien is apprehended, if no ERAL CUSTODY OF ALIENS NOT LAWFULLY (including applicable overtime costs) shall be State charging or dismissal process is re- PRESENT.—There are authorized to be appro- reimbursed by the Secretary of Homeland quired; or. priated $850,000,000 for fiscal year 2008 and Security.’’; and ‘‘(ii) request that the relevant State or each subsequent fiscal year for the detention (2) in paragraph (4), by adding at the end local law enforcement agency temporarily and removal of aliens not lawfully present in the following: detain or transport the alien to a location the United States under the Immigration ‘‘The cost of any equipment required to be for transfer to Federal custody; and and Nationality Act (8 U.S.C. 1101 et seq.). purchased under such written agreement and ‘‘(2) shall designate at least 1 Federal, SEC. 224. LAUNDERING OF MONETARY INSTRU- necessary to perform the functions under State, or local prison or jail or a private con- MENTS. this subsection shall be reimbursed by the tracted prison or detention facility within Section 1956(c)(7)(D) of title 18, United Secretary of Homeland Security.’’. each State as the central facility for that States Code, is amended—

VerDate Aug 31 2005 09:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.075 S24MYPT1 bajohnson on PRODPC74 with SENATE S6640 CONGRESSIONAL RECORD — SENATE May 24, 2007 (1) by inserting ‘‘section 1590 (relating to issued in a consular office located in the (vii) increased coordination of information trafficking with respect to peonage, slavery, country of the alien’s nationality’’ and in- and enforcement between the Internal Rev- involuntary servitude, or forced labor),’’ serting ‘‘(other than a visa described in para- enue Service and the Department of Home- after ‘‘section 1363 (relating to destruction of graph (1)) issued in a consular office located land Security regarding employers who have property within the special maritime and in the country of the alien’s nationality or violations related to the employment of un- territorial jurisdiction),’’; and foreign residence’’. authorized aliens; (2) by inserting ‘‘section 274(a) of the Im- TITLE III—WORKSITE ENFORCEMENT (viii) increased penalties under the Inter- migration and Nationality Act (8 U.S.C. nal Revenue Code for employers who have Sec. 301. Purposes. violations relating to the employment of un- 1324(a)) (relating to bringing in and har- Sec. 302. Unlawful Employment of Aliens. boring certain aliens),’’ after ‘‘section 590 of Sec. 303. Effective Date. authorized aliens. the Tariff Act of 1930 (19 U.S.C. 1590) (relat- Sec. 304. Disclosure of Certain Taxpayer SEC. 302. UNLAWFUL EMPLOYMENT OF ALIENS. ing to aviation smuggling),’’. Information to Assist in Immi- (a) Section 274A of the Immigration and SEC. 225. COOPERATIVE ENFORCEMENT PRO- gration Enforcement. Nationality Act (8 U.S.C. 1324a) is amended GRAMS. Sec. 305. Increasing Security and Integrity to read as follows: Not later than 2 years after the date of the of Social Security Cards. ‘‘(a) MAKING EMPLOYMENT OF UNAUTHOR- enactment of this Act, the Secretary shall Sec. 306. Increasing Security and Integrity IZED ALIENS UNLAWFUL.— negotiate and execute, where practicable, a of Identity Documents. ‘‘(1) IN GENERAL.—It is unlawful for an em- cooperative enforcement agreement de- Sec. 307. Voluntary Advanced Verification ployer— scribed in section 287(g) of the Immigration Program to Combat Identity ‘‘(A) to hire, or to recruit or refer for a fee, and Nationality Act (8 U.S.C. 1357(g)) with at Theft. an alien for employment in the United least 1 law enforcement agency in each Sec. 308. Responsibilities of the Social Se- States knowing or with reckless disregard State, to train law enforcement officers in curity Administration. that the alien is an unauthorized alien (as the detection and apprehension of individ- Sec. 309. Immigration Enforcement Sup- defined in subsection (b)(1)) with respect to uals engaged in transporting, harboring, port by the Internal Revenue such employment; or sheltering, or encouraging aliens in violation Service and the Social Scurity ‘‘(B) to hire, or to recruit or refer for a fee, of section 274 of such Act (8 U.S.C. 1324). Administration. for employment in the United States an indi- SEC. 226. EXPANSION OF THE JUSTICE PRISONER Sec. 310. Authorization of appropriations. vidual without complying with the require- ments of subsections (c) and (d). AND ALIEN TRANSFER SYSTEM. TITLE III—WORKSITE ENFORCEMENT Not later than 60 days after the date of en- ‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw- SEC. 301. PURPOSES. actment of this Act, the Attorney General ful for an employer, after hiring an alien for (a) To continue to prohibit the hiring, re- shall issue a directive to expand the Justice employment, to continue to employ the cruitment, or referral of unauthorized aliens. Prisoner and Alien Transfer System (JPATS) alien in the United States knowing or with (b) To require that each employer take rea- so that such System provides additional reckless disregard that the alien is (or has sonable steps to verify the identity and work services with respect to aliens who are ille- become) an unauthorized alien with respect authorization status of all its employees, gally present in the United States. Such ex- to such employment. without regard to national origin and citi- ‘‘(3) USE OF LABOR THROUGH CONTRACT.—For pansion should include— zenship status. (1) increasing the daily operations of such purposes of this section, an employer who (c) To authorize the Secretary of Homeland System with buses and air hubs in 3 geo- uses a contract, subcontract, or exchange to Security to access records of other Federal graphic regions; obtain the labor of an alien in the United agencies for the purposes of confirming iden- (2) allocating a set number of seats for States knowing that the alien is an unau- tity, authenticating lawful presence and pre- such aliens for each metropolitan area; thorized alien (as defined in subsection venting identity theft and fraud related to (3) allowing metropolitan areas to trade or (b)(1)) with respect to performing such labor, unlawful employment. give some of seats allocated to them under shall be considered to have hired the alien (d) To ensure that the Commissioner of So- the System for such aliens to other areas in for employment in the United States in vio- cial Security has the necessary authority to their region based on the transportation lation of paragraph (1)(A)). provide information to the Secretary of needs of each area; and ‘‘(A) By regulation, the Secretary may re- Homeland Security that would assist in the (4) requiring an annual report that ana- quire, for purposes of ensuring compliance enforcement of the immigration laws. lyzes the number of seats that each metro- with the immigration laws, that an employer (e) To authorize the Secretary of Homeland politan area is allocated under this System include in a written contract, subcontract, Security to confirm issuance of state iden- for such aliens and modifies such allocation or exchange an effective and enforceable re- tity documents, including driver’s licenses, if necessary. quirement that the contractor or subcon- and to obtain and transmit individual photo- tractor adhere to the immigration laws of SEC. 227. DIRECTIVE TO THE UNITED STATES graphic images held by states for identity the United States, including use of EEVS. SENTENCING COMMISSION. authentication purposes. ‘‘(B) The Secretary may establish proce- (a) IN GENERAL.—Pursuant to the author- (f) To collect information on employee dures by which an employer may obtain con- ity under section 994 of title 28, United hires. firmation from the Secretary that the con- States Code, the United States Sentencing (g) To electronically secure a social secu- tractor or subcontractor has registered with Commission shall promulgate or amend the rity number in the Employment Eligibility the EEVS and is utilizing the EEVS to verify sentencing guidelines, policy statements, Verification System (EEVS) at the request its employees. and official commentaries related to pass- of an individual who has been confirmed to ‘‘(C) The Secretary may establish such port fraud offenses, including the offenses be the holder of that number, and to prevent other requirements for employers using con- described in chapter 75 of title 18, United fraudulent use of the number by others. tractors or subcontractors as the Secretary States Code, as amended by section 208 of (h) To provide for record retention of deems necessary to prevent knowing viola- this Act, to reflect the serious nature of such EEVS inquiries, to prevent identity fraud tions of this paragraph. offenses. and employment authorization fraud. ‘‘(4) APPLICATION TO FEDERAL GOVERN- (b) REPORT.—Not later than one year after (i) To employ fast track regulatory and MENT.—For purposes of this section, the term the date of the enactment of this Act, the procurement procedures to expedite imple- ‘‘employer’’ includes entities in any branch United States Sentencing Commission shall mentation of this Title and pertinent sec- of the Federal Government. submit to the Committee on the Judiciary of tions of the INA for a period of two years ‘‘(5) DEFENSE.—An employer that estab- the Senate and the Committee on the Judici- from enactment. lishes that it has complied in good faith with ary of the House of Representatives a report (j) To establish the following: the requirements of subsections (c)(1) on the implementation of this section. (i) a document verification process requir- through (c)(4), pertaining to document SEC. 228. CANCELLATION OF VISAS. ing employers to inspect, copy, and retain verification requirements, and subsection (d) Section 222(g) (8 U.S.C. 1202(g)) is amend- identity and work authorization documents; has established an affirmative defense that ed— (ii) an EEVS requiring employers to obtain the employer has not violated paragraph (1) in paragraph (1)— confirmation of an individual’s identity and (1)(A) with respect to such hiring, recruiting, (A) by striking ‘‘Attorney General’’ and in- work authorization; or referral, however: serting ‘‘Secretary’’; (iii) procedures for employers to register ‘‘(A) until such time as the Secretary has (B) by inserting ‘‘or otherwise violated any for the EEVS and to confirm work eligibility required an employer to participate in the of the terms of the nonimmigrant classifica- through the EEVS; EEVS or such participation is permitted on tion in which the alien was admitted,’’ be- (iv) a streamlined enforcement procedure a voluntary basis pursuant to subsection (d), fore ‘‘such visa’’; and to ensure efficient adjudication of violations a defense is established without a showing of (C) by inserting ‘‘and any other non- of this Title; compliance with subsection (d); and immigrant visa issued by the United States (v) a system for the imposition of civil pen- ‘‘(B) to establish a defense, the employer that is in the possession of the alien’’ after alties and their enforcement, remission or must also be in compliance with any addi- ‘‘such visa’’; and mitigation; tional requirements that the Secretary may (2) in paragraph (2)(A), by striking ‘‘(other (vi) an enhancement of criminal and civil promulgate by regulation pursuant to sub- than the visa described in paragraph (1)) penalties; sections (c), (d), and (k).

VerDate Aug 31 2005 09:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.076 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6641 ‘‘(6) An employer is presumed to have ‘‘(i) an individual’s drivers license or iden- restrict the use of that document or class of acted with knowledge or reckless disregard if tity card issued by a State, the Common- documents for purposes of this subsection. the employer fails to comply with written wealth of the Northern Mariana Islands, or ‘‘(F) After June 1, 2013, no driver’s license standards, procedures or instructions issued an outlying possession of the United States, or state identity card may be accepted if it by the Secretary. Such standards, procedures provided that the issuing state or entity has does not comply with the REAL ID Act of or instructions shall be objective and certified to the Secretary of Homeland Secu- 2005. This paragraph (c)(l)(F) shall have no verifiable. rity that it is in compliance with the min- effect on paragraphs (c)(l)(B), (c)(l)(C)(iii), ‘‘(b) DEFINITIONS.— imum standards required under section 202 of (c)(l)(C)(iv), or (c)(l)(D). ‘‘(1) DEFINITION OF UNAUTHORIZED ALIEN.— the REAL ID Act of 2005 (division B of Public ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY- As used in this section, the term ‘unauthor- Law 109–13) (49 U.S.C. 30301 note) and imple- MENT AUTHORIZATION.—The individual must ized alien’ means, with respect to the em- menting regulations issued by the Secretary attest, under penalty of perjury on the form ployment of an alien at a particular time, of Homeland Security once those require- prescribed by the Secretary, that the indi- that the alien is not at that time either— ments become effective; vidual is a citizen or national of the United ‘‘(A) an alien lawfully admitted for perma- ‘‘(ii) an individual’s driver’s license or States, an alien lawfully admitted for per- nent residence; or identity card issued by a State, the Com- manent residence, or an alien who is author- ‘‘(B) authorized to be so employed by this monwealth of the Northern Mariana Islands, ized under this Act or by the Secretary to be Act or by the Secretary. or an outlying possession of the United hired, recruited, or referred for such employ- ‘‘(2) DEFINITION OF EMPLOYER.—For pur- States which is not compliant with section ment. Such attestation may be manifested poses of this section, the term ‘‘employer’’ 202 of the REAL ID Act of 2005 if— by either a hand-written or electronic signa- means any person or entity hiring, recruit- ‘‘(I) the driver’s license or identity card ture. ing, or referring an individual for employ- contains the individual’s photograph as well ‘‘(3) RETENTION OF VERIFICATION FORM.— ment in the United States. as the individual’s name, date of birth, gen- After completion of such form in accordance ‘‘(c) DOCUMENT VERIFICATION REQUIRE- der, height, eye color and address, with paragraphs (1) and (2), the employer MENTS.— ‘‘(II) the card has been approved for this must retain a paper, microfiche, microfilm, ‘‘Any employer hiring, recruiting, or refer- purpose in accordance with timetables and or electronic version of the form and make it ring an individual for employment in the procedures established by the Secretary pur- available for inspection by officers of the De- United States shall take all reasonable steps suant to subsection (c)(l)(F) of this section, partment of Homeland Security (or persons to verify that the individual is authorized to and designated by the Secretary), the Special work in the United States, including the re- ‘‘(III) the card is presented by the indi- Counsel for Immigration-Related Unfair Em- quirements of subsection (d) and the fol- vidual and examined by the employer in ployment Practices, or the Department of lowing paragraphs: combination with a U.S. birth certificate, or Labor during a period beginning on the date ‘‘(1) Attestation after examination of docu- a Certificate of Naturalization, or a Certifi- of the hiring, recruiting, or referral of the in- mentation. cate of Citizenship, or such other documents dividual and ending— ‘‘(A) IN GENERAL.—The employer must at- as may be prescribed by the Secretary, ‘‘(A) in the case of the recruiting or refer- test, under penalty of perjury and on a form ‘‘(iii) for individuals under 16 years of age ral for a fee (without hiring) of an individual, prescribed by the Secretary, that it has who are unable to present a document listed seven years after the date of the recruiting verified the identity and work authorization in clause (i) or (ii), documentation of per- or referral; and status of the individual by examining:— sonal identity of such other type as the Sec- ‘‘(i) a document described in subparagraph ‘‘(B) in the case of the hiring of an indi- retary finds provides a reliable means of (B); or vidual— ‘‘(ii) a document described in subparagraph identification, provided it contains security ‘‘(i) seven years after the date of such hir- (C) and a document described in subpara- features to make it resistant to tampering, ing; or graph (D). counterfeiting, and fraudulent use; or ‘‘(ii) two years after the date the individ- Such attestation may be manifested by a ‘‘(iv) other documentation evidencing iden- ual’s employment is terminated, whichever handwritten or electronic signature. An em- tity as identified by the Secretary in his dis- is earlier. ployer has complied with the requirement of cretion, with notice to the public provided in ‘‘(4) Copying of documentation and record- this paragraph with respect to examination the Federal Register, to be acceptable for keeping required. ‘‘(A) Notwithstanding any other provision of documentation if the employer has fol- purposes of this section, provided that the of law, the employer shall copy all docu- lowed applicable regulations and any written document, including any electronic security ments presented by an individual pursuant procedures or instructions provided by the measures linked to the document, contains to this subsection and shall retain a paper, Secretary and if a reasonable person would security features that make the document as microfiche microfilm, or electronic copy as conclude that the documentation is genuine resistant to tampering, counterfeiting, and prescribed in paragraph (3), but only (except and establishes the employee’s identity and fraudulent use as the documents listed in as otherwise permitted under law) for the authorization to work, taking into account (B)(i), B(ii), or (C)(i). ‘‘(D) DOCUMENTS EVIDENCING EMPLOYMENT purposes of complying with the requirements any information provided to the employer by AUTHORIZATION.—The following documents of this subsection. Such copies shall reflect the Secretary, including photographs. may be accepted as evidence of employment ‘‘(B) DOCUMENTS ESTABLISHING BOTH EM- the signatures of the employer and the em- authorization— PLOYMENT AUTHORIZATION AND IDENTITY.—A ployee, as well as the date of receipt. ‘‘(i) a social security account number card document described in this subparagraph is ‘‘(B) The employer shall also maintain issued by the Commissioner of Social Secu- an individual’s— records of Social Security Administration ‘‘(i) United States passport, or passport rity (other than a card which specifies on its correspondence regarding name and number card issued pursuant to the Secretary of face that the card is not valid for employ- mismatches or no-matches and the steps State’s authority under 22 U.S.C. 211a; ment in the United States). The Secretary, taken to resolve such issues. ‘‘(ii) permanent resident card or other doc- in consultation with the Commissioner of ‘‘(C) The employer shall maintain records ument issued by the Secretary or Secretary Social Security, may require by publication of all actions and copies of any correspond- of State to aliens authorized to work in the of a notice in the Federal Register that only ence or action taken by the employer to United States, if the document— a social security account number card de- clarify or resolve any issue that raises rea- ‘‘(I) contains a photograph of the indi- scribed in Section 305 of this Title be accept- sonable doubt as to the validity of the alien’s vidual, biometric data, such as fingerprints, ed for this purpose; or identity or work authorization. or such other personal identifying informa- ‘‘(ii) any other documentation evidencing ‘‘(D) The employer shall maintain such tion relating to the individual as the Sec- authorization of employment in the United records as prescribed in this subsection. The retary finds, by regulation, sufficient for the States which the Secretary declares, by pub- Secretary may prescribe the manner of rec- purposes of this subsection; lication in the Federal Register, to be ac- ordkeeping and may require that additional ‘‘(II) is evidence of authorization for em- ceptable for purposes of this section, pro- records be kept or that additional documents ployment in the United States; and vided that the document, including any elec- be copied and maintained. The Secretary ‘‘(III) contains security features to make it tronic security measures linked to the docu- may require that these documents be trans- resistant to tampering, counterfeiting, and ment contains security features to make it mitted electronically, and may develop auto- fraudulent use; or resistant to tampering, counterfeiting, and mated capabilities to request such docu- ‘‘(iii) temporary interim benefits card fraudulent use. ments. valid under section 218C(c) of the Immigra- ‘‘(E) AUTHORITY TO PROHIBIT USE OF CER- ‘‘(5) PENALTIES.—An employer that fails to tion and Nationality Act, as amended by TAIN DOCUMENTS.—If the Secretary finds that comply with any requirement of this sub- Section 602 of the Comprehensive Immigra- any document or class of documents de- section shall be penalized under subsection tion Reform Act of 2007, bearing a photo- scribed in subparagraph (B), (C), or (D) as es- (e)(4)(B). graph and an expiration date, and issued by tablishing employment authorization or ‘‘(6) NO AUTHORIZATION OF NATIONAL IDEN- the Secretary to aliens applying for tem- identity does not reliably establish such au- TIFICATION CARDS.—Nothing in this section porary worker status under the Z-visa. thorization or identity or is being used shall be construed to authorize, directly or ‘‘(C) DOCUMENT ESTABLISHING IDENTITY OF fraudulently to an unacceptable degree, the indirectly, the issuance or use of national INDIVIDUAL.—A document described in this Secretary shall, with notice to the public identification cards or the establishment of subparagraph includes— provided in the Federal Register, prohibit or national identification card.

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‘‘(7) The employer shall use the procedures ‘‘(4) CONSEQUENCE OF FAILURE TO PARTICI- ‘‘(ii) For reverification of an employee for document verification set forth in this PATE.—If an employer is required under this with a limited period of work authorization paragraph for all employees without regard subsection to participate in the EEVS and (including Z card holder), all required to national origin or citizenship status. fails to comply with the requirements of verification procedures must be complete on ‘‘(d) EMPLOYMENT ELIGIBILITY VERIFICATION such program with respect to an individual— the date the employee’s work authorization SYSTEM.—″(1) IN GENERAL.—The Secretary, in ‘‘(A) such failure shall be treated as a vio- expires. cooperation and consultation with the Sec- lation of subsection (a)(1)(B) of this section ‘‘(iii) For initial verification of an em- retary of State, the Commissioner of Social with respect to that individual, and ployee hired before the employer is subject Security, and the states, shall implement ‘‘(B) a rebuttable presumption is created to the employment eligibility verification and specify the procedures for EEVS. The that the employer has violated subsection system, all required procedures must be com- participating employers shall timely register (a)(l)(A) or (a)(2) of this section. plete on such date as the Secretary shall with EEVS and shall use EEVS as described Subparagraph (B) shall not apply in any specify in accordance with subparagraph in subsection (d)(5). prosecution under subsection 274A(f)(1). (d)(2)(D). ‘‘(2) IMPLEMENTATION SCHEDULE.— ‘‘(5) PROCEDURES FOR PARTICIPANTS IN THE ‘‘(iv) The Secretary shall provide, and the ‘‘(A) As of the date of enactment of this EEVS.— employer shall utilize, as part of EEVS, a section, the Secretary in his discretion, with ‘‘(A) In general.—An employer partici- method of communicating notices and re- notice to the public provided in the Federal pating in the EEVS must register in the quests for information or action on the part Register, is authorized to require any em- EEVS and conform to the following proce- of the employer with respect to expiring ployer or industry which the Secretary de- dures in the event of hiring, recruiting, or work authorization or status and other mat- termines to be part of the critical infrastruc- referring any individual for employment in ters. Additionally, the Secretary shall pro- ture, a federal contractor, or directly related the United States: vide a method of notifying employers of a to the national security or homeland secu- ‘‘(i) REGISTRATION OF EMPLOYERS.—The confirmation, nonconfirmation or a notice rity of the United States to participate in Secretary, through notice in the Federal that further action is required (‘‘further ac- the EEVS. This requirement may be applied Register, shall prescribe procedures that em- tion notice’’). The employer shall commu- to both newly hired and current employees. ployers must follow to register in the EEVS. nicate to the individual that is the subject of The Secretary shall notify employers subject In prescribing these procedures the Sec- the verification all information provided to to this subparagraph 30 days prior to EEVS. retary shall have authority to require em- the employer by the EEVS for communica- ‘‘(B) No later than 6 months after the date ployers to provide: tion to the individual. of enactment of this section, the Secretary ‘‘(I) employer’s name; ‘‘(C) CONFIRMATION OR NONCONFIRMATION.— shall require additional employers or indus- ‘‘(II) employer’s Employment Identifica- ‘‘(i) Initial response.—The verification sys- tries to participate in the EEVS. This re- tion Number (EIN); tem shall provide a confirmation, noncon- quirement shall be applied to new employees ‘‘(III) company address; firmation, or a further action notice of an in- hired, and current employees subject to ‘‘(IV) name, position and social security dividual’s identity and employment eligi- reverification because of expiring work au- number of the employer’s employees access- bility at the time of the inquiry, unless for thorization documentation or expiration of ing the EEVS; and technological reasons or due to unforeseen immigration status, on or after the date on ‘‘(V) such other information as the Sec- circumstances, the EEVS is unable to pro- which the requirement takes effect. The Sec- retary deems necessary to ensure proper use vide such confirmation or further action no- retary, by notice in the Federal Register, and security of the EEVS. tice. In such situations, the system shall shall designate these employers or indus- The Secretary shall require employers to un- provide confirmation or further action no- tries, in his discretion, based upon risks to dergo such training as the Secretary deems tice within 3 business days of the initial in- critical infrastructure, national security, necessary to ensure proper use and security quiry. If providing confirmation or further immigration enforcement, or homeland secu- of the EEVS. To the extent practicable, such action notice, the EEVS shall provide an ap- rity needs. training shall be made available electroni- propriate code indicating such confirmation ‘‘(C) No later than 18 months after the date or such further action notice. cally. of enactment of this section, the Secretary ‘‘(ii) CONFIRMATION UPON INITIAL INQUIRY.— ‘‘(ii) PROVISION OF ADDITIONAL INFORMA- shall require all employers to participate in When the employer receives an appropriate TION.—The employer shall obtain from the the EEVS with respect to newly hired em- confirmation of an individual’s identity and individual (and the individual shall provide) ployees and current employees subject to work eligibility under the EEVS, the em- and shall record in such manner as the Sec- reverification because of expiring work au- ployer shall record the confirmation in such retary may specify:— thorization documentation or expiration of manner as the Secretary may specify. ‘‘(I) an individual’s social security account immigration status. ‘‘(iii) FURTHER ACTION NOTICE UPON INITIAL ‘‘(D) No later than three years after the number, INQUIRY AND SECONDARY VERIFICATION.— date of enactment of this section, all em- ‘‘(II) if the individual does not attest to ‘‘(I) FURTHER ACTION NOTICE.—If the em- ployers shall participate in the EEVS with United States nationality under subsection ployer receives a further action notice of an respect to new employees, all employees (c)(2) of this section, such identification or individual’s identity or work eligibility whose identity and employment authoriza- authorization number established by the De- under the EEVS, the employer shall inform tion have not been previously verified partment of Homeland Security as the Sec- the individual without delay for whom the through EEVS, and all employees in Z status retary of Homeland Security shall specify, confirmation is sought of the further action who have not previously presented a secure and notice and any procedures specified by the document evidencing their Z status. The ‘‘(III) such other information as the Sec- Secretary for addressing the further action Secretary may specify earlier dates for par- retary may require to determine the identity notice. The employee must acknowledge in ticipation in the EEVS in his discretion for and work authorization of an employee. writing the receipt of the further action no- some or all classes of employer or employee. ‘‘(iii) PRESENTATION OF DOCUMENTATION.— tice from the employer. ‘‘(E) The Secretary shall create the nec- The employer, and the individual whose ‘‘(II) CONTEST.—Within ten business days essary systems and processes to monitor the identity and employment eligibility are from the date of notification to the em- functioning of the EEVS, including the vol- being confirmed, shall fulfill the require- ployee, the employee must contact the ap- ume of the workflow, the speed of processing ments of subsection (c) of this section. propriate agency to contest the further ac- of queries, and the speed and accuracy of re- ‘‘(iv) PRESENTATION OF BIOMETRICS.—Em- tion notice and, if the Secretary so requires, sponses. These systems and processes shall ployers who are enrolled in the Voluntary appear in person at the appropriate Federal be audited by the Government Account- Advanced Verification Program to Combat or state agency for purposes of verifying the ability Office months after the date of enact- Identity Theft under section 307 of this title individual’s identity and employment au- ment of this section and 24 months after the shall, in addition to documentary evidence thorization. The Secretary, in consultation date of enactment of this section. The Gov- of identity and work eligibility, electroni- with the Commissioner of Social Security ernment Accountability Office shall report cally provide the fingerprints of the indi- and other appropriate Federal and State the results of the audits to Congress. vidual to the Department of Homeland Secu- agencies, shall specify an available sec- ‘‘(3) PARTICIPATION IN EEVS.—The Secretary rity. ondary verification procedure to confirm the has the following discretionary authority to ‘‘(B) SEEKING CONFIRMATION.— validity of information provided and to pro- require or to permit participation in the ‘‘(i) The employer shall use the EEVS to vide a final confirmation or nonconfirma- EEVS— provide to the Secretary all required infor- tion. An individual contesting a further ac- ‘‘(A) To permit any employer that is not mation in order to obtain confirmation of tion notice must attest under penalty of per- required to participate in the EEVS to do so the identity and employment eligibility of jury to his identity and employment author- on a voluntary basis; any individual no earlier than the date of ization. ‘‘(B) To require any employer that is re- hire and no later than on the first day of em- ‘‘(III) NO CONTEST.—If the individual does quired to participate in the EEVS with re- ployment (or recruitment or referral, as the not contest the further action notice within spect to its newly hired employees also to do case may be). An employer may not, how- the period specified in subparagraph so with respect to its current workforce if ever, make the starting date of an individ- (5)(C)(iii)(II), a final nonconfirmation shall the Secretary has reasonable cause to be- ual’s employment contingent on the receipt issue. The employer shall then record the lieve that the employer has engaged in any of confirmation of the identity and employ- nonconfirmation in such manner as the Sec- violation of the immigration laws. ment eligibility. retary may specify.

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‘‘(IV) FINALITY.—The EEVS shall provide a quirement for further actions and shall of Homeland Security, in cooperation with final confirmation or nonconfirmation with- record the date and manner of such commu- the Secretary of Labor and the Adminis- in 10 business days from the date of the em- nication. The individual must acknowledge trator of the Small Business Administration, ployee’s contesting of the further action no- in writing the receipt of this communication shall conduct a campaign to disseminate in- tice. As long as the employee is taking the from the employer. Failure to communicate formation respecting the rights and remedies steps required by the Secretary and the such a requirement is a violation of section prescribed under this section. Such campaign agency that the employee has contacted to (a)(1)(B). shall be aimed at increasing the knowledge resolve a further action notice, the Sec- ‘‘(iii) The Secretary is authorized, with no- of employers, employees, and the general retary shall extend the period of investiga- tice to the public provided in the Federal public concerning employer and employee tion until the secondary verification proce- Register, to implement, clarify, and supple- rights, responsibilities and remedies under dure allows the Secretary to provide final ment the requirements of this paragraph. in this section. confirmation or nonconfirmation. If the em- order to facilitate the functioning of the. ‘‘(I) In order to carry out the campaign ployee fails to take the steps required by the EEVS or to prevent fraud or identity theft in under this paragraph, the Secretary of Secretary and the appropriate agency, a the use of the EEVS. Homeland Security may, to the extent final nonconfirmation may be issued to that ‘‘(F) IMPERMISSIBLE USE OF THE EEVS.— deemed appropriate and subject to the avail- employee. ‘‘(i) An employer may not use the EEVS to ability of appropriations, contract with pub- ‘‘(V) RE-EXAMINATION.—Nothing in this sec- verify an individual prior to extending to the lic and private organizations for outreach ac- tion shall prevent the Secretary from reex- individual an offer of employment. tivities under the campaign. amining a case where a final confirmation ‘‘(ii) An employer may not require an indi- ‘‘(II) There are authorized to be appro- has been provided if subsequently received vidual to verify the individual’s own employ- priated to carry out this paragraph information indicates that the individual ment eligibility through the EEVS as a con- $40,000,000 for each fiscal year 2007 through may not be work authorized. dition of extending to that individual an 2009. offer of employment. Nothing in this para- ‘‘(G) Based on a regular review of the In no case shall an employer terminate em- graph shall be construed to prevent an em- EEVS and the document verification proce- ployment of an individual solely because of a ployer from encouraging an employee or a dures to identify fraudulent use and to assess failure of the individual to have identity and prospective employee from verifying the em- the security of the documents being used to work eligibility confirmed under this section ployee’s or a prospective employee’s own em- establish identity or employment authoriza- until a nonconfirmation becomes final and ployment eligibility prior to obtaining em- tion, the Secretary in consultation with the the period to timely file an administrative ployment pursuant to paragraph (5)(H). Commissioner of Social Security may mod- appeal has passed, and in the case where an ‘‘(iii) An employer may not terminate an ify by Notice published in the Federal Reg- administrative appeal has been denied, the individual’s employment solely because that ister the documents that must be presented period to timely file a petition for judicial individual has been issued a further action to the employer, the information that must review has passed. When final confirmation notice. be provided to EEVS by the employer, and or nonconfirmation is provided, the con- ‘‘(iv) An employer may not take the fol- the procedures that must be followed by em- firmation system shall provide an appro- lowing actions solely because an individual ployers with respect to any aspect of the priate code indicating such confirmation or has been issued a further action notice: EEVS if the Secretary in his discretion con- nonconfirmation. An individual’s failure to ‘‘(I) reduce salary, bonuses or other com- cludes that the modification is necessary to contest a further action notice shall not be pensation due to the employee; ensure that EEVS accurately and reliably considered an admission of guilt with respect ‘‘(II) suspend the employee without pay; determines the work authorization of em- to any violation of this section or any provi- ‘‘(III) reduce the hours that the employee ployees while providing protection against sion of law. is required to work if such reduction is ac- fraud and identity theft. ‘‘(D) CONSEQUENCES OF NONCONFIRMATION.— companied by a reduction in salary, bonuses ‘‘(H) Subject to appropriate safeguards to ‘‘(i) TERMINATION OF CONTINUED EMPLOY- or other compensation due to the employee, prevent misuse of the system, the Secretary MENT.—If the employer has received a final except that, with the agreement of the em- in consultation with the Commissioner of Social Security, shall establish secure proce- nonconfirmation regarding an individual, ployee, an employer may provide an em- dures to permit an individual who seeks to the employer shall terminate employment ployee with reasonable time off without pay verify the individual’s own employment eli- (or recruitment or referral) of the individual, in order to contest and resolve the further gibility prior to obtaining or changing em- unless the individual files an administrative action notice received by the employee; or ployment, to contact the appropriate agency appeal of a final nonconfirmation notice ‘‘(IV) deny the employee the training nec- and, in a timely manner, correct or update under paragraph (7) within the time period essary to perform the employment duties for the information used by the EEVS. prescribed in that paragraph and the Sec- which the employee has been hired. ‘‘(6) PROTECTION FROM LIABILITY FOR AC- retary or the Commissioner stays the final ‘‘(v) An employer may not, in the course of TIONS TAKEN ON THE BASIS OF INFORMATION nonconfirmation notice pending the resolu- utilizing the procedures for document PROVIDED BY THE CONFIRMATION SYSTEM.—No tion of the administrative appeal. verification set forth in subsection (c), re- ‘‘(ii) CONTINUED EMPLOYMENT AFTER FINAL employer participating in the EEVS shall be quire that a prospective employee present liable under any law for any employment-re- NONCONFIRMATION.—If the employer con- additional documents or different documents tinues to employ (or to recruit or refer) an lated action taken with respect to the em- than those prescribed under that subsection. ployee in good faith reliance on information individual after receiving final nonconfirma- ‘‘(vi) The Secretary of Homeland Security tion (unless the individual filed an adminis- provided through the confirmation system. shall develop the necessary policies and pro- ‘‘(7) ADMINISTRATIVE REVIEW.— trative appeal of a final nonconfirmation no- cedures to monitor employers’ use of the ‘‘(A) IN GENERAL.—An individual who re- tice under paragraph (7) within the time pe- EEVS and their compliance with the require- ceives a final nonconfirmation notice may, riod prescribed in that paragraph and the ments set forth in this section. Employers not later than 15 days after the date that Secretary of the Commissioner stayed the are required to comply with requests from such notice is received, file an administra- final nonconfirmation notice pending the the Secretary for information related to any tive appeal of such final notice. An indi- resolution of the administrative appeal), a monitoring, audit or investigation under- vidual who did not timely contest a further rebuttable presumption is created that the taken pursuant to this subparagraph. action notice may not avail himself of this employer has violated subsections (a)(l)(A) ‘‘(vii) The Secretary of Homeland Security, paragraph. Unless the Secretary of Home- and (a)(2) of this section. The previous sen- in consultation with the Secretary of Labor, land Security, in consultation with the Com- tence shall not apply in any prosecution shall establish and maintain a process by missioner of Social Security, specifies other- under subsection (f)(1) of this section. which any employee (or any prospective em- wise, all administrative appeals shall be filed ‘‘(E) OBLIGATION TO RESPOND TO QUERIES ployee who would otherwise have been hired) as follows: AND ADDITIONAL INFORMATION.— who has reason to believe that an employer ‘‘(i) NATIONALS OF THE UNITED STATES—An ‘‘(i) Employers are required to comply with has violated subparagraphs (i)–(v) may file a individual claiming to be a national of the requests from the Secretary through EEVS complaint against the employer. United States shall file the administrative for information, including queries con- ‘‘(viii) Any employer found to have vio- appeal with the Commissioner. cerning current and former employees that lated subparagraphs (i)–(v) shall pay civil ‘‘(ii) ALIENS.—An individual claiming to be relate to the functioning of the EEVS, the penalty of up to $10,000 for each violation. an alien authorized to work in the United accuracy of the responses provided by the ‘‘(ix) This paragraph is not intended to, States shall file the administrative appeal EEVS, and any suspected fraud or identity and does not, create any right, benefit, trust, with the Secretary. theft in the use of the EEVS. Failure to com- or responsibility, whether substantive or ‘‘(B) REVIEW FOR ERROR.—The Secretary ply with such a request is a violation of sec- procedural, enforceable at law or equity by a and the Commissioner shall each develop tion (a)(1)(B). party against the United States, its depart- procedures for resolving administrative ap- ‘‘(ii) Individuals being verified through ments, agencies, instrumentalities, entities, peals regarding final nonconfirmations based EEVS may be required to take further action officers, employees, or agents, or any person, upon the information that the individual has to address irregularities identified in the nor does it create any right of review in a ju- provided, including any additional evidence documents relied upon for purposes of em- dicial proceeding. that was not previously considered. Appeals ployment verification. The employer shall ‘‘(x) No later than 3 months after the date shall be resolved within 30 days after the in- communicate to the individual any such re- of enactment of this section, the Secretary dividual has submitted all evidence relevant

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Administrative review under this para- the contrary. ‘‘(v) to confirm identity and work author- graph (7) shall be limited to whether the ‘‘(vi) STAY.—The court of appeals shall ization through verification of records main- final nonconfirmation notice is supported by stay the final nonconfirmation notice pend- tained by the Secretary, other federal de- the weight of the evidence. ing its decision on the petition for review un- partments, states, the Commonwealth of the ‘‘(C) ADMINISTRATIVE RELIEF.—The relief less the court determines that the petition Northern Mariana Islands, or an outlying available under this paragraph (7) is limited for review is frivolous, unlikely to succeed possession of the United States, as deter- to an administrative order upholding, revers- on the merits, or filed for purposes of delay, mined necessary by the Secretary, including: ing, modifying, amending, or setting aside ‘‘(C) EXHAUSTION OF ADMINISTRATIVE REM- ‘‘(I) records maintained by the Social Se- the final nonconfirmation notice. The Sec- EDIES.—A court may review a final noncon- curity Administration as specified in (D); retary or the Commissioner shall stay the firmation order only if— ‘‘(II) birth and death records maintained final nonconfirmation notice pending the ‘‘(1) the petitioner has exhausted all ad- by vital statistics agencies of any state or resolution of the administrative appeal un- ministrative remedies available to the alien other United States jurisdiction; less the Secretary or the Commissioner de- as of right, and ‘‘(III) passport and visa records (including termines that the administrative appeal is ‘‘(2) another court has not decided the va- photographs) maintained by the United frivolous, unlikely to succeed on the merits, lidity of the order, unless the reviewing States Department of State; and or filed for purposes of delay and terminates court finds that the petition presents ‘‘(IV) State driver’s license or identity card the stay. grounds that could not have been presented information (including photographs) main- ‘‘(D) DAMAGES, FEES AND COSTS.—No money in the prior judicial proceeding or that the tained by State department of motor vehi- damages, fees or costs may be awarded in the remedy provided by the prior proceeding was cles; and administrative review process, and no court inadequate or ineffective to test the validity ‘‘(vi) to confirm electronically the issuance shall have jurisdiction to award any dam- of the order. of the employment authorization or identity ages, fees or costs relating to such adminis- ‘‘(D) LIMIT ON INJUNCTIVE RELIEF.—Regard- document and to display the digital photo- trative review under the Equal Access to less of the nature of the action or claim or of graph that the issuer placed on the docu- Justice Act or any other law. the identity of the party or parties bringing ment so that the employer can compare the ‘‘(8) JUDICIAL REVIEW.— the action, no court (other than the Supreme photograph displayed to the photograph on ‘‘(A) EXCLUSIVE PROCEDURE.—Notwith- Court) shall have jurisdiction or authority to the document presented by the employee. If standing any other provision of law (statu- enjoin or restrain the operation of the provi- in exceptional cases a photograph is not tory or nonstatutory) including sections 1361 sions in this section, other than with respect available from the issuer, the Secretary and 1651 of title 28, no court shall have juris- to the application of such provisions to an shall specify a temporary alternative proce- diction to consider any claim against the individual petitioner. dure for confirming the authenticity of the United States, or any of its agencies, offi- ‘‘(9) MANAGEMENT OF EMPLOYMENT ELIGI- document. cers, or employees, challenging or otherwise BILITY VERIFICATION SYSTEM.— ‘‘(C) The Secretary is authorized, with no- relating to a final nonconfirmation notice or ‘‘(A) IN GENERAL.—The Secretary is author- tice to the public provided in the Federal to the EEVS, except as specifically provided ized to establish, manage and modify an Register, to issue regulations concerning by this paragraph. Judicial review of a final EEVS that shall— operational and technical aspects of the nonconfirmation notice is governed only by ‘‘(i) respond to inquiries made by partici- EEVS and the efficiency, accuracy, and secu- chapter 158 of title 28, except as provided pating employers at any time through the rity of the EEVS. below. internet concerning an individual’s identity ‘‘(D) ACCESS TO INFORMATION.— ‘‘(B) REQUIREMENTS FOR REVIEW OF A FINAL and whether the individual is authorized to ‘‘(i) Notwithstanding any other provision NONCONFIRMATION NOTICE.—With respect to be employed; of law, the Secretary of Homeland Security review of a final nonconfirmation notice ‘‘(ii) maintain records of the inquiries that shall have access to relevant records de- under subsection (a), the following require- were made, of confirmations provided (or not scribed at paragraph (9)(8)(v), for the pur- ments apply: provided), and of the codes provided to em- poses of preventing identity theft and fraud ‘‘(i) DEADLINE.—The petition for review ployers as evidence of their compliance with in the use of the EEVS and enforcing the must be filed no later than 30 days after the their obligations under the EEVS; and provisions of this section governing employ- date of the completion of the administrative ‘‘(iii) provide information to, and request ment verification. State or other non-federal appeal. action by, employers and individuals using jurisdiction that does not provide such ac- ‘‘(ii) VENUE AND FORMS.—The petition for the system, including notifying employers of cess shall not be eligible for any grant or review shall be filed with the United States the expiration or other relevant change in an other program of financial assistance admin- Court of Appeals for the judicial circuit employee’s employment authorization, and istered by the Secretary. wherein the petitioner resided when the final directing an employer to convey to the em- ‘‘(ii) The Secretary, in consultation with nonconfirmation notice was issued. The ployee a request to contact the appropriate the Commissioner of Social Security and record and briefs do not have to be printed. Federal or State agency. other appropriate Federal and State agen- The court of appeals shall review the pro- ‘‘(B) DESIGN AND OPERATION OF SYSTEM.— cies, shall develop policies and procedures to ceeding on a typewritten record and on type- The EEVS shall be designed and operated— ensure protection of the privacy and security written briefs. ‘‘(i) to maximize its reliability and ease of of personally identifiable information and ‘‘(iii) SERVICE.—The respondent is either use by employers consistent with insulating identifiers contained in the records accessed the Secretary of Homeland Security or the and protecting the privacy and security of pursuant to this paragraph and subparagraph Commissioner of Social Security, but not the underlying information; (d)(5)(E)(i). The Secretary, in consultation both, depending upon who issued (or af- ‘‘(ii) to respond accurately to all inquiries with the Commissioner and other appro- firmed) the final nonconfirmation notice. In made by employers on whether individuals priate Federal and State agencies, shall de- addition to serving the respondent, the peti- are authorized to be employed and to reg- velop and deploy appropriate privacy and se- tioner must also serve the Attorney General. ister any times when the system is unable to curity training for the Federal and State em- ‘‘(iv) PETITIONER’S BRIEF.—The petitioner receive inquiries; ployees accessing the records pursuant to shall serve and file a brief in connection with ‘‘(iii) to maintain appropriate administra- this paragraph and subparagraph (d)(5)(E)(i). a petition for judicial review not later than tive, technical, and physical safeguards to ‘‘(iii) The Chief Privacy Officer of the De- 40 days after the date on which the adminis- prevent unauthorized disclosure of personal partment of Homeland Security shall con- trative record is available, and may serve information; duct regular privacy audits of the policies and file a reply brief not later than 14 days (iv) to allow for auditing use of the system and procedures established under subpara- after service of the brief of the respondent, to detect fraud and identity theft, and to graph (9)(D)(ii), including any collection, and the court may not extend these dead- preserve the security of the information in use, dissemination, and maintenance of per- lines, except for good cause shown. If a peti- all of the system, including but not limited sonally identifiable information and any as- tioner fails to file a brief within the time to the following: sociated information technology systems, as provided in this paragraph, the court shall ‘‘(I) to develop and use algorithms to de- well as scope of requests for this informa- dismiss the appeal unless a manifest injus- tect potential identity theft, such as mul- tion. The Chief Privacy Officer shall review tice would result. The court of appeals may tiple uses of the same identifying informa- the results of the audits and recommend to set an expedited briefing schedule. tion or documents; the Secretary and the Privacy and Civil Lib- ‘‘(v) SCOPE AND STANDARD FOR REVIEW.— ‘‘(II) to develop and use algorithms to de- erties Oversight Board any changes nec- The court of appeals shall decide the petition tect misuse of the system by employers and essary to improve the privacy protections of only on the administrative record on which employees; the program. the final nonconfirmation order is based. The ‘‘(III) to develop capabilities to detect ‘‘(E) RESPONSIBILITIES OF THE SECRETARY burden shall be on the petitioner to show anomalies in the use of the system that may OF HOMELAND SECURITY.— that the final nonconfirmation decision was indicate potential fraud or misuse of the sys- ‘‘(i) As part of the EEVS, the Secretary arbitrary, capricious, not supported by sub- tem; and shall establish reliable, secure method,

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which, operating through the EEVS and ‘‘(13) FUNDS.—In addition to any appro- remission or mitigation of such fine or pen- within the time periods specified, compares priated funds, the Secretary is authorized to alty, the Secretary may remit or mitigate the name, alien identification or authoriza- use funds provided in sections 286(m) and (n), the same upon such terms and conditions as tion number, or other relevant information for the maintenance and operation of the the Secretary deems reasonable and just, or provided in an inquiry against such informa- EEVS. EEVS shall be considered an immi- order termination of any proceedings relat- tion maintained or accessed by the Secretary gration adjudication service for purposes of ing thereto. Such mitigating circumstances in order to confirm (or not confirm) the va- sections 286(m) and (n). may include, but need not be limited to, lidity of the information provided, the cor- ‘‘(14) The employer shall use the proce- good faith compliance and participation in, respondence of the name and number, wheth- dures for EEVS specified in this section for or agreement to participate in, the EEVS, if er the alien is authorized to be employed in all employees without regard to national ori- not otherwise required. the United States (or, to the extent that the gin or citizenship status. This subparagraph shall not apply to an em- Secretary determines to be feasible and ap- ‘‘(e) Compliance.— ployer that has or is engaged in a pattern or propriate, whether the Secretary’s records ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The practice of violations of subsection (a)(1)(A), verify United States citizenship), and such Secretary of Homeland Security shall estab- (a)(1)(6), or (a)(2) or of any other require- other information as the Secretary may pre- lish procedures— ments of this section. ‘‘(A) for individuals and entities to file scribe. ‘‘(C) PENALTY CLAIM.—After considering complaints respecting potential violations of ‘‘(ii) As part of the EEVS, the Secretary evidence and representations, if any, offered subsection (a) or (g)(1); shall establish reliable, secure method, by the employer pursuant to subparagraph ‘‘(B) for the investigation of those com- which, operating through the EEVS, displays (B), the Secretary shall determine whether plaints which the Secretary deems it appro- the digital photograph described in para- there was a violation and promptly issue a priate to investigate; and graph (d)(9)(B)(vi). written final determination setting forth the ‘‘(C) for the investigation of such other ‘‘(iii) The Secretary shall have authority findings of fact and conclusions of law on violations of subsection (a) or (g)(1) as the to prescribe when a confirmation, noncon- which the determination is based. If the Sec- Secretary determines to be appropriate. firmation or further action notice shall be retary determines that there was a violation, ‘‘(2) AUTHORITY IN INVESTIGATIONS.—In con- issued. the Secretary shall issue the final deter- ‘‘(iv) The Secretary shall perform regular ducting investigations and hearings under mination with a written penalty claim. The audits under the EEVS, as described in para- this subsection— penalty claim shall specify all charges in the graph (d)(9)(B)(iv) of this section and shall ‘‘(A) immigration officers shall have rea- information provided under clauses (i) utilize the information obtained from such sonable access to examine evidence of any through (iii) of subparagraph (A) and any audits, as well as any information obtained employer being investigated; and mitigation or remission of the penalty that from the Commissioner of Social Security ‘‘(B) immigration officers designated by the Secretary deems appropriate. pursuant to section 304 of the Comprehensive the Secretary may compel by subpoena the ‘‘(4) CIVIL PENALTIES.— Immigration Act of 2007, for the purposes of attendance of witnesses and the production ‘‘(A) HIRING OR CONTINUING TO EMPLOY UN- this title and of immigration enforcement in of evidence at any designated place in an in- AUTHORIZED ALIENS.—Any employer that vio- general. vestigation or case under this subsection. In ‘‘(v) The Secretary shall make appropriate case of contumacy or refusal to obey a sub- lates any provision of subsection (a)(1)(A) or arrangements to allow employers who are poena lawfully issued under this paragraph, (a)(2) shall: otherwise unable to access the EEVS to use the Secretary may request that the Attorney ‘‘(i) pay a civil penalty of $5,000 for each federal government facilities or public facili- General apply in an appropriate district unauthorized alien with respect to which ties in order to utilize the EEVS. court of the United States for an order re- each violation of either subsection (a)(1)(A) ‘‘(F) RESPONSIBILITIES OF THE SECRETARY quiring compliance with such subpoena, and or (a)(2) occurred; OF STATE.—As part of the EEVS, the Sec- any failure to obey such order may be pun- ‘‘(ii) if an employer has previously been retary of State shall provide to the Sec- ished by such court as a contempt thereof. fined under subsection (e)(4)(A), pay a civil retary access to passport and visa informa- Failure to cooperate with such subpoena penalty of $10,000 for each unauthorized alien tion as needed to confirm that passport or shall be subject to further penalties, includ- with respect to which a violation of either passport card presented under section ing but not limited to further fines and the subsection (a)(1)(A) or (a)(2) occurred; and (c)(l)(B) belongs to the subject of the EEVS voiding of any mitigation of penalties or ter- ‘‘(iii) if an employer has previously been check, or that passport or visa photograph mination of proceedings under subsection fined more than once under subsection (e)(4), matches an individual; (e)(3)(B). pay a civil penalty of $25,000 for each unau- ‘‘(G) UPDATING INFORMATION.—The Com- ‘‘(3) COMPLIANCE PROCEDURES.— thorized alien with respect to which a viola- missioner of Social Security and the Secre- ‘‘(A) PRE-PENALTY NOTICE.—If the Sec- tion of either subsection has occurred. This taries of Homeland Security and State shall retary has reasonable cause to believe that penalty shall apply, in addition to any pen- update their information in a manner that there has been a civil violation of this sec- alties previously assessed, to employers who promotes maximum accuracy and shall pro- tion or the requirements of this section, in- fail to comply with a previously issued and vide a process for the prompt correction of cluding but not limited to subsections (b), final order under this section. erroneous information. (c), (d) and (k), and determines that further ‘‘(iv) if an employer has previously been ‘‘(10) LIMITATION ON USE OF THE EMPLOY- proceedings are warranted, the Secretary fined more than twice under subsection MENT ELIGIBILITY VERIFICATION SYSTEM.— shall issue to the employer concerned a writ- (e)(4)(A), pay a civil penalty of $75,000 for Notwithstanding any other provision of law, ten notice of the Department’s intention to each alien with respect to which a violation nothing in this subsection shall be construed issue a claim for a monetary or other pen- of either subsection (a)(1) or (a)(2) occurred to permit or allow any department, bureau, alty. Such pre-penalty notice shall: ‘‘(v) In addition to any penalties previously or other agency of the United States Govern- ‘‘(i) describe the violation; assessed an employer who fails to comply ment to utilize any information, database, or ‘‘(ii) specify the laws and regulations alleg- with a previously issued and final order other records assembled under this sub- edly violated; under this section shall be fined $75,000 for section for any purpose other than for the ‘‘(iii) disclose the material facts which es- each violation. enforcement and administration of the im- tablish the alleged violation; and ‘‘(B) RECORDKEEPING OR VERIFICATION PRAC- migration laws, anti-terrorism laws, or for ‘‘(iv) inform such employer that he or she TICES.—Any employer that violates or fails enforcement of Federal criminal law related shall have a reasonable opportunity to make to comply with any requirement of sub- to the functions of the EEVS, including pro- representations as to why a claim for a mon- section (b), (c), and (d), shall pay a civil pen- hibitions on forgery, fraud and identity etary or other penalty should not be im- alty as follows: theft. posed. ‘‘(i) pay a civil penalty of $1,000 for each ‘‘(11) UNAUTHORIZED USE OR DISCLOSURE OF ‘‘(B) REMISSION OR MITIGATION OF PEN- violation; INFORMATION.—Any employee of the Depart- ALTIES.—Whenever any employer receives a ‘‘(ii) if an employer has previously been ment of Homeland Security or another Fed- written pre-penalty notice of a fine or other fined under subsection (e)(4)(6), pay a civil eral or State agency who knowingly uses or penalty in accordance with subparagraph penalty of $2,000 for each violation; and discloses the information assembled under (A), the employer may file, within 15 days ‘‘(iii) if an employer has previously been this subsection for a purpose other than one from receipt of such notice, with the Sec- fined more than once under subsection (e)(4), authorized under this section shall pay a retary a petition for the remission or mitiga- pay a civil penalty of $5,000 for each viola- civil penalty of $5,000–$50,000 for each viola- tion of such fine or penalty, or a petition for tion. This penalty shall apply, in addition to tion. termination of the proceedings. The petition any penalties previously assessed, to employ- ‘‘(12) Conforming amendment.—Public Law may include any relevant evidence or proffer ers who fail to comply with a previously 104–208, Div. C, Title IV, Subtitle A, sections of evidence the employer wishes to present, issued and final order under this section. 401–05 are repealed, provided that nothing in and shall be filed and considered in accord- ‘‘(iv) if an employer has previously been this subsection shall be construed to limit ance with procedures to be established by fined more than twice under subsection the authority of the Secretary to allow or the Secretary. If the Secretary finds that (e)(4)(B), pay a civil penalty of $15,000 for continue to allow the participation of Basic such fine, penalty, or forfeiture was incurred each violation. Pilot employers in the EEVS established by erroneously, or finds the existence of such ‘‘(v) In addition to any penalties previously this subsection. mitigating circumstances as to justify the assessed, an employer who fails to comply.

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with a previously issued and final order for the judicial circuit wherein the employer ‘‘(B) EFFECT OF FILING NOTICE OF LIEN.— under this section shall be fined $15,000 for resided when the final determination or pen- Upon filing of a notice of lien in the manner each violation. alty claim was issued. The record and briefs in which a notice of tax lien would be filed ‘‘(C) OTHER PENALTIES.—The Secretary do not have to be printed. The court of ap- under section 6323(f)(1) and (2) of the Internal may impose additional penalties for viola- peals shall review the proceeding on a type- Revenue Code of 1986, the lien shall be valid tions, including cease and desist orders, spe- written record and on typewritten briefs. against any purchaser, holder of a security cially designed compliance plans to prevent (iii) SERVICE.—The respondent is either the interest, mechanic’s lien or judgment lien further violations, suspended fines to take Secretary of Homeland Security or the Com- creditor, except with respect to properties or effect in the event of a further violation, and missioner of Social Security, but not both, transactions specified in subsection (b), (c), in appropriate cases, the remedy provided by depending upon who issued (or affirmed) the or (d) of section 6323 of the Internal Revenue paragraph (g)(2). All penalties in this section final nonconfirmation notice. In addition to Code of 1986 for which a notice of tax lien may be adjusted every four years to account serving the respondent, the petitioner must properly filed on the same date would not be for inflation as provided by law. also serve the Attorney General. valid. The notice of lien shall be considered ‘‘(D) The Secretary is authorized to reduce (iv) PETITIONER’S BRIEF.—The petitioner a notice of lien for taxes payable to the or mitigate penalties imposed upon employ- shall serve and file a brief in connection with United States for the purpose of any State or ers, based upon factors including, but not a petition for judicial review not later than local law providing for the filing of a notice limited to, the employer’s hiring volume, 40 days after the date on which the adminis- of a tax lien. A notice of lien that is reg- compliance history, good-faith implementa- trative record is available, and may serve istered, recorded, docketed, or indexed in ac- tion of a compliance program, participation and file a reply brief not later than 14 days cordance with the rules and requirements re- in temporary worker program, and voluntary after service of the brief of the respondent, lating to judgments of the courts of the disclosure of violations of this subsection to and the court may not extend these dead- State where the notice of lien is registered, the Secretary. lines, except for good cause shown. If a peti- recorded, docketed, or indexed shall be con- ‘‘(5) ORDER OF INTERNAL REVIEW AND CER- tioner fails to file a brief within the time sidered for all purposes as the filing pre- TIFICATION OF COMPLIANCE.— provided in this paragraph, the court shall scribed by this section. The provisions of sec- ‘‘If the Secretary has reasonable cause to dismiss the appeal unless a manifest injus- tion 3201(e) of chapter 176 of title 28 shall believe that an employer has failed to com- tice would result. apply to liens filed as prescribed by this sec- ply with this section, the Secretary is au- (v) SCOPE AND STANDARD FOR REVIEW.—The thorized, at any time, to require that the court of appeals shall decide the petition tion. ‘‘(C) ENFORCEMENT OF A LIEN.—A lien ob- employer certify that it is in compliance only on the administrative record on which tained through this process shall be consid- with this section, or has instituted a pro- the final determination is based. The burden ered a debt as defined by 28 U.S.C. § 3002 and gram to come into compliance. Within 60 shall be on the petitioner to show that the enforceable pursuant to the Federal Debt days of receiving a notice from the Secretary final determination was arbitrary, capri- requiring such a certification, the employ- cious, not supported by substantial evidence, Collection Procedures Act. ‘‘(f) CRIMINAL PENALTIES AND INJUNCTIONS er’s chief executive officer or similar official or otherwise not in accordance with law. Ad- FOR PATTERN OR PRACTICE VIOLATIONS.— with responsibility for, and authority to bind ministrative findings of fact are conclusive ‘‘(1) CRIMINAL PENALTY.—Any employer the company on, all hiring and immigration unless any reasonable adjudicator would be which engages in a pattern or practice of compliance notices shall certify under pen- compelled to conclude to the contrary. knowing violations of subsection (a)(1)(A) or alty of perjury that the employer is in con- ‘‘(C) EXHAUSTION OF ADMINISTRATIVE REM- (a)(2) shall be fined not more than $75,000 for formance with the requirements of sub- EDIES.—A court may review a final deter- sections (c)(1) through (c)(4), pertaining to mination under subparagraph (3)(C) only if— each unauthorized alien with respect to document verification requirements, and (1) the petitioner has exhausted all admin- whom such a violation occurs, imprisoned with subsection (d), pertaining to the EEVS istrative remedies available to the petitioner for not more than six months for the entire (once that system is implemented according as of right, and pattern or practice, or both. ‘‘(2) ENJOINING OF PATTERN OR PRACTICE to the requirements of (d)(1)), and with any (2) another court has not decided the valid- VIOLATIONS.—Whenever the Secretary or the additional requirements that the Secretary ity of the order, unless the reviewing court Attorney General has reasonable cause to be- may promulgate by regulation pursuant to finds that the petition presents grounds that subsections (c), (d), and (k), or that the em- could not have been presented in the prior lieve that an employer is engaged in a pat- ployer has instituted a program to come into judicial proceeding or that the remedy pro- tern or practice of employment, recruit- compliance with these requirements. At the vided by the prior proceeding was inadequate ment, or referral in violation of paragraph request of the employer, the Secretary may or ineffective to test the validity of the (1)(A) or (2) of subsection (a), the Attorney extend the 60-day deadline for good cause. order. General may bring a civil action in the ap- The Secretary is authorized to publish in the ‘‘(D) LIMIT ON INJUNCTIVE RELIEF.—Regard- propriate district court of the United States Federal Register standards or methods for less of the nature of the action or claim or of requesting such relief, including a perma- such certification, require specific record- the identity of the party or parties bringing nent or temporary injunction, restraining keeping practices with respect to such cer- the action, no court (other than the Supreme order, or other order against the employer, tifications, and audit the records thereof at Court) shall have jurisdiction or authority to as the Secretary deems necessary. any time. This authority shall not be con- enjoin or restrain the operation of the provi- ‘‘(g) PROHIBITION OF INDEMNITY BONDS.— ‘‘(1) PROHIBITION.—It is unlawful for an em- strued to diminish or qualify any other pen- sions in this section, other than with respect ployer, in the hiring, recruiting, or referring alty provided by this section. to the application of such provisions to an ‘‘(6) JUDICIAL REVIEW.— individual petitioner. for employment of any individual, to require ‘‘(A) Notwithstanding any other provision ‘‘(7) ENFORCEMENT OF ORDERS.—If an em- the individual to post a bond or security, to of law (statutory or nonstatutory) including ployer fails to comply with a final deter- pay or agree to pay an amount, or otherwise sections 1361 and 1651 of title 28, no court mination issued against that employer under to provide a financial guarantee or indem- shall have jurisdiction to consider a final de- this subsection, and the final determination nity, against any potential liability arising termination or penalty claim issued under is not subject to review as provided in para- under this section relating to such hiring, re- subparagraph (3)(C), except as specifically graph (6), the Attorney General may file suit cruiting, or referring of the individual. provided by this paragraph. Judicial review to enforce compliance with the final deter- ‘‘(2) CIVIL PENALTY.—Any employer which of a final determination under paragraph mination in any appropriate district court of is determined, after notice and opportunity (e)(4) is governed only by chapter 158 of title the United States. In any such suit, the va- for mitigation of the monetary penalty 28, except as specifically provided below. The lidity and appropriateness of the final deter- under subsection (e), to have violated para- filing of a petition as provided in this para- mination shall not be subject to review. graph (1) of this subsection shall be subject graph shall stay the Secretary’s determina- ‘‘(8) LIENS.— to a civil penalty of $10,000 for each violation tion until entry of judgment by the court. ‘‘(A) CREATION OF LIEN.—If any employer and to an administrative order requiring the The Secretary is authorized to require that liable for a fee or penalty under this section return of any amounts received in violation petitioner provide, prior to filing for review, neglects or refuses to pay such liability and of such paragraph to the employee or, if the security for payment of fines and penalties fails to file a petition for review (if applica- employee cannot be located, to the general through bond or other guarantee of payment ble) as provided in paragraph 6 of this sub- fund of the Treasury. acceptable to the Secretary. section, such liability is a lien in favor of the ‘‘(h) GOVERNMENT CONTRACTS. (B) REQUIREMENTS FOR REVIEW OF A FINAL United States on all property and rights to ‘‘(1) EMPLOYERS.—Whenever an employer DETERMINATION.—With respect to judicial re- property of such person as if the liability of who does not hold Federal contracts, grants, view of a final determination or penalty such person were a liability for a tax as- or cooperative agreements is determined by claim issued under subparagraph (3)(C), the sessed under the Internal Revenue Code of the Secretary to be a repeat violator of this following requirements apply: 1986. If a petition for review is filed as pro- section or is convicted of a crime under this (i) DEADLINE.—The petition for review vided in paragraph 6 of this subsection, the section, the employer shall be subject to de- must be filed no later than 30 days after the lien (if any) shall arise upon the entry of a barment from the receipt of Federal con- date of the final determination or penalty final judgment by the court. The lien con- tracts, grants, or cooperative agreements for claim issued under subparagraph (3)(C). tinues for 20 years or until the liability is a period of up to two years in accordance (ii) VENUE AND FORMS.—The petition for re- satisfied, remitted, set aside, or is termi- with the procedures and standards prescribed view shall be filed with the court of appeals nated. by the Federal Acquisition Regulations. The

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Secretary or the Attorney General shall ad- ‘‘(k) NO MATCH NOTICE.— ‘‘(i) the taxpayer identity information of vise the Administrator of General Services of ‘‘(1) For the purpose of this subsection, no each person who has filed an information re- any such debarment, and the Administrator match notice is written notice from the So- turn required by reason of section 6051 after of General Services shall list the employer cial Security Administration (SSA) to an calendar year 2005 and before the date speci- on the List of Parties Excluded from Federal employer reporting earnings on Form W–2 fied in subparagraph (D) which contains— Procurement and Nonprocurement Programs that employees’ names or corresponding so- ‘‘(I) 1 (or any greater number the Secretary for the period of the debarment. The Admin- cial security account numbers fail to match shall request) taxpayer identifying number, istrator of General Services, in consultation SSA records. The Secretary, in consultation name, and address of any employee (within with the Secretary and Attorney General, with the Commissioner of the Social Secu- the meaning of such section) that did not may waive operation of this subsection or rity Administration, is authorized to estab- match the records maintained by the Com- may limit the duration or scope of the debar- lish by regulation requirements for verifying missioner of Social Security, or ment. the identity and work authorization of em- ‘‘(II) 2 (or any greater number the Sec- ‘‘(2) CONTRACTORS AND RECIPIENTS.—When- ployees who are the subject of no-match no- retary shall request) names, and addresses of ever an employer who holds Federal con- tices. The Secretary shall establish by regu- employees (within the meaning of such sec- tracts, grants, or cooperative agreements is lation a reasonable period during which an tion), with the same taxpayer identifying determined by the Secretary to be a repeat employer must allow an employee who is number, and the taxpayer identity of each violator of this section or is convicted of a subject to a no-match notice to resolve the such employee, and crime under this section, the employer shall no match notice with no adverse employ- ‘‘(ii) the taxpayer identity of each person be subject to debarment from the receipt of ment consequences to the employee. The who has filed an information return required Federal contracts, grants, or cooperative Secretary may also establish penalties for by reason of section 6051 after calendar year agreements for a period of up to two years in noncompliance by regulation. accordance with the procedures and stand- 2005 and before the date specified in subpara- ‘‘(l) CHALLENGES TO VALIDITY— ards prescribed by the Federal Acquisition graph (D) which contains the taxpayer’ iden- ‘‘(1) IN GENERAL.—Any right, benefit, or tifying number (assigned under section 6109) Regulations. Prior to debarring the em- claim not otherwise waived or limited pursu- ployer, the Secretary, in cooperation with of an employee (within the meaning of sec- ant to this section is available in an action tion 6051)— the Administrator of General Services, shall instituted in the United States District advise all agencies holding contracts, grants, ‘‘(I) who is under the age of 14 (or any less- Court for the District of Columbia, but shall or cooperative agreements with the em- er age the Secretary shall request), accord- be limited to determinations of— ployer of the proceedings to debar the em- ing to the records maintained by the Com- ‘‘(A) whether this section, or any regula- ployer from the receipt of new Federal con- missioner of Social Security, tion issued to implement this section, vio- tracts, grants, or cooperative agreements for ‘‘(II) whose date of death, according to the lates the Constitution of the United States; a period of up to two years. After consider- records so maintained, occurred in calendar or ation of the views of agencies holding con- year preceding the calendar year for which ‘‘(B) whether such regulation issued by or tracts, grants or cooperative agreements the information return was filed, under the authority of the Secretary to im- with the employer, the Secretary may, in ‘‘(III) whose taxpayer identifying number plement this section, is contrary to applica- lieu of proceedings to debar the employer is contained in more than one (or any great- from the receipt of new Federal contracts, ble provisions of this section or was issued in er number the Secretary shall request) infor- grants, or cooperative agreements for a pe- violation of title 5, chapter 5, United States mation return filed in such calendar year, or Code. riod of up to two years, waive operation of ‘‘(IV) who is not authorized to work in the ‘‘(2) DEADLINES FOR BRINGING ACTIONS.— this subsection, limit the duration or scope United States, according to the records Any action instituted under this paragraph of the proposed debarment, or may refer to maintained by the Commissioner of Social must be filed no later than 90 days after the an appropriate lead agency the decision of Security, whether to seek debarment of the employer, date the challenged section or regulation de- scribed in clause (i) or (ii) of subparagraph and the taxpayer identity and date of birth for what duration, and under what scope in of each such employee. accordance with the procedures and stand- (A) is first implemented. ‘‘(B) REIMBURSEMENT.—The Secretary shall ards prescribed by the Federal Acquisition ‘‘(3) CLASS ACTIONS.—The court may not transfer to the Commissioner the funds nec- Regulation. However, any proposed debar- certify a class under Rule 23 of the Federal essary to cover the additional cost directly ment predicated on an administrative deter- Rules of Civil Procedure in any action under incurred by the Commissioner in carrying mination of liability for civil penalty by the this section. out the searches or manipulations requested Secretary or the Attorney General shall not ‘‘(4) RULE OF CONSTRUCTION.—In deter- by the Secretary.’’ be reviewable in any debarment proceeding. mining whether the Secretary’s interpreta- ‘‘(3) Indictments for violations of this sec- tion regarding any provision of this section (2) COMPLIANCE BY DHS CONTRACTORS WITH tion or adequate evidence of actions that is contrary to law, a court shall accord to CONFIDENTIALITY SAFEGUARDS.— could form the basis for debarment under such interpretation the maximum deference (A) IN GENERAL.—Section 6103(p) of such this subsection shall be considered a cause permissible under the Constitution. Code is amended by adding at the end the for suspension under the procedures and ‘‘(5) NO ATTORNEYS’ FEES.—Notwith- following new paragraph: standards for suspension prescribed by the standing any other provision of law, the ‘‘(9) DISCLOSURE TO DHS CONTRACTORS.— Federal Acquisition Regulation. court shall not award fees or other expenses Notwithstandingany other provision of this ‘‘(4) Inadvertent violations of record- to any person or entity based upon any ac- section, no return or return information keeping or verification requirements, in the tion relating to this Title brought pursuant shall be disclosed to any contractor of the absence of any other violations of this sec- to this section (l).’’ Department of Homeland Security unless tion, shall not be a basis for determining SEC. 303. EFFECTIVE DATE. such Department, to the satisfaction of the that an employer is a repeat violator for pur- This title shall become effective on the Secretary— poses of this subsection; date of enactment. ‘‘(A) has requirements in effect which re- ‘‘(i) MISCELLANEOUS PROVISIONS.— quire each such contractor which would have SEC. 304. DISCLOSURE OF CERTAIN TAXPAYER ‘‘(1) DOCUMENTATION.—In providing docu- access to returns or return information. to mentation or endorsement of authorization INFORMATION TO ASSIST IN IMMI- GRATION ENFORCEMENT. provide safeguards (within the meaning of of aliens (other than aliens lawfully admit- (a) DISCLOSURE OF CERTAIN TAXPAYER IDEN- paragraph (4)) to protect the confidentiality for permanent residence) authorized to of such returns or return information, be employed in the United States, the Sec- TITY INFORMATION.— (1) IN GENERAL.—Section 6103(1) of the In- ‘‘(B) agrees to conduct an on-site review retary shall provide that any limitations every 3 years (mid-point review in the case of with respect to the period or type of employ- ternal Revenue Code of 1986 is amended by adding at the end the following new para- contracts or agreements of less than years in ment or employer shall be conspicuously duration) of each contractor to determine stated on the documentation or endorse- graph: compliance with such requirements, ment. ‘‘(21) DISCLOSURE OF CERTAIN TAXPAYER ‘‘(C) submits the findings of the most re- ‘‘(2) PREEMPTION.—The provisions of this IDENTITY INFORMATION BY SOCIAL SECURITY section preempt any State or local law that ADMINISTRATION TO DEPARTMENT OF HOME- cent review conducted under subparagraph requires the use of the EEVS in fashion that LAND SECURITY.— (B) to the Secretary as part of the report re- conflicts with federal policies, procedures or ‘‘(A) IN GENERAL.—From taxpayer identity quired by paragraph (4)(E), and timetables, or that imposes civil or criminal information or other information which has ‘‘(D) certifies to the Secretary for the most sanctions (other than through licensing and been disclosed or otherwise made available recent annual period that such contractor is similar laws) upon those who employ, or re- to the Social Security Administration and in compliance with all such requirements. cruit or refer for fee for employment, unau- upon written request by the Secretary of ‘‘The certification required by subpara- thorized aliens. Homeland Security (in this paragraph re- graph (D) shall include the name and address ‘‘(j) DEPOSIT OF AMOUNTS RECEIVED.—Ex- ferred to as the ‘Secretary’), the Commis- of each contractor, a description of the con- cept as otherwise specified, civil penalties sioner of Social Security shall disclose di- tract or agreement with such contractor, collected under this section shall be depos- rectly to officers, employees, and contrac- and the duration of such contract or agree- ited by the Secretary into the general fund tors of the Department of Homeland Secu- ment,’’, of the Treasury. rity— (3) CONFORMING AMENDMENTS.—

VerDate Aug 31 2005 09:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.112 S24MYPT1 bajohnson on PRODPC74 with SENATE S6648 CONGRESSIONAL RECORD — SENATE May 24, 2007 (A) Section 6103(a)(3) of such Code is costs and feasibility of including a photo- (5) such other resources as are available to amended by striking ‘‘or (20)’’ and inserting graph and other biometric information on assist that agency. ‘‘(20), or (21)’’. the Social Security Card. (e) APPLICATION.— (B) Section 6103(p)(3)(A) of such Code is (b) MULTIPLE CARDS.—Section 205(c)(2)(G) (1) IN GENERAL.—Each eligible state seek- amended by adding at the end the following of the Social Security Act (42 U.S.C. ing a grant under this section shall submit new sentence: ‘‘The Commissioner of Social 405(c)(2)(G)) is further amended by adding at an application to the Secretary at such time, Security shall provide to the Secretary such the end the following: in such manner, and accompanied by such in- information as the Secretary may require in ‘‘(ii) The Commissioner of Social Security formation as the Secretary may reasonably carrying out this paragraph with respect to shall not issue a replacement Social Secu- require. return information inspected or disclosed rity card to any individual unless the Com- (2) CONTENTS.—Each application submitted under the authority of subsection (1)(21).’’. missioner determines that the purpose for pursuant to paragraph (1) shall— (C) Section 6103(p)(4) of such Code is requiring the issuance of the replacement (A) describe the activities for which assist- amended— document is legitimate.’’ ance under this section is sought; and (i) by striking ‘‘or (17)’’ both places it ap- SEC. 306. INCREASING SECURITY AND INTEGRITY (B) provide such additional assurances as pears and inserting ‘‘(17), or (21)’’; and OF IDENTITY DOCUMENTS the Secretary determines to be essential to (ii) by striking ‘‘or (20)’’ each place it ap- (a) PURPOSE.—The Secretary of Homeland ensure compliance with the requirements of pears and inserting‘‘(20), or (21)’’. Security, shall establish the State Records this section. (D) Section 6103(p)(8)(B) of such Code is Improvement Grant Program (referred to in (f) CONDITIONS.—All grants under the Pro- amended by inserting ‘‘or paragraph (9)’’ this section as the ‘Program’), under which gram shall be conditioned on the recipient after ‘‘subparagraph (A)’’. the Secretary may award grants to States providing REAL ID compliance certification (E) Section 7213(a)(2) of such Code is for the purpose of advancing the purposes of and implementation plans acceptable to the amended by striking ‘‘or (20)’’ and inserting this Act and of issuing or implementing Secretary which include— ‘‘(20), or (21)’’, plans to issue driver’s license and identity (1) adopting appropriate security measures (b) AUTHORIZATION OF APPROPRIATIONS.— cards that can be used for purposes of to protect against improper issuance of driv- There are authorized to be appropriated to verifying identity under this Title and that er’s licenses and identity cards, tampering the Secretary of Homeland Security such comply with the state license requirements with electronic issuance systems, and iden- sums as are necessary to carry out the in section 202 of the REAL 10 Act of 2005 (di- tity theft as the Secretary may prescribe; amendments made by this section. vision B of Public Law 109–13; 49 U.S.C. 30301 (2) ensuring introduction and maintenance (c) REPEAL OF REPORTING REQUIREMENTS.— note). of such security features and other measures (1) REPORT ON EARNINGS OF ALIENS NOT AU- (b) States that do not certify their intent necessary to make the documents issued by THORIZED TO WORK.—Subsection (c) of section to comply with the REAL ID Act and imple- recipient resistant to tampering, counter- 290 of the Immigration and Nationality Act menting regulations or that do not submit a feiting, and fraudulent use as the Secretary (8 U.S.C. 1360) is repealed. compliance plan acceptable to the Secretary may prescribe; and (2) REPORT ON FRAUDULENT USE OF SOCIAL are not eligible for grants under the Pro- (3) ensuring implementation and mainte- SECURITY ACCOUNT NUMBERS.—Subsection (b) gram. Driver’s license or identification cards nance of such safeguards for the security of of section 414 of the Illegal Immigration Re- issued by States that do not comply with the information contained on these docu- form and Immigrant Responsibility Act of REAL ID may not be used to verify identity ments as the Secretary may prescribe. 1996 (division C of Public Law 104–208; 8 under this Title except under conditions ap- All grants shall also be conditioned on the U.S.C. 1360 note) is repealed. proved by the Secretary. recipient agreeing to adhere to the time- (d) EFFECTIVE DATES.— (c) GRANTS AND CONTRACTS AUTHORIZED.— tables and procedures for issuing REAL ID (1) IN GENERAL.—The Secretary is author- (1) IN GENERAL.—The amendments made by driver’s licenses and identification cards as ized to award grants, subject to the avail- subsection (a) shall apply to disclosures specified in section 274A(c)(1)(F). ability of appropriations, to a State to pro- made after the date of the enactment of this All grants shall further be conditioned on vide assistance to such State agency to meet Act. the recipient agreeing to implement the re- the deadlines for the issuance of a driver’s li- (2) CERTIFICATIONS.—The first certification quirements of this Act and any imple- cense which meets the requirements of sec- under section 6103(p)(9)(D) of the Internal menting regulations to the satisfaction of tion 202 of the REAL 10 Act of 2005 (division Revenue Code of 1986, as added by subsection the Secretary of Homeland Security. B of Public Law 109–13; 49 U.S.C. 30301 note). (a)(2), shall be made with respect to calendar (g) AUTHORIZATION OF APPROPRIATIONS IN (2) DURATION.—Grants may be awarded year 2007. GENERAL.—There is authorized to be appro- under this subsection during fiscal years 2007 (3) REPEALS.—The repeals made by sub- priated $300,000,000 for each of fiscal years through 2011. section (c) shall take effect on the date of 2007 through 2011 to carry out the provisions (3) COMPETITIVE BASIS.—The Secretary the enactment of this Act. shall give priority to States whose REAL ID of this section. UPPLEMENT NOT SUPPLANT.—Amounts SEC. 305. INCREASING SECURITY AND INTEGRITY implementation plan is compatible with the (h) S OF SOCIAL SECURITY CARDS. appropriated for grants under this section employment verification systems, processes, (a) FRAUD-RESISTANT, TAMPER-RESISTANT shall be used to supplement and not supplant and implementation schedules set forth in AND WEAR-RESISTANT SOCIAL SECURITY other State and local public funds obligated Section 302, as determined by the Secretary. CARDS.— for the purposes provided under this title. Minimum standards for compatibility will (1) ISSUANCE.— (i) ADDITIONAL USES.—Amounts authorized include the ability of the State to promptly (A) PRELIMINARY WORK.—Not later than 180 under this section may also be used to assist verify the document and provide access to days after the date of enactment of this in sharing of law enforcement information the digital photograph displayed on the doc- title, the Commissioner of Social Security between States and the Department of ument. shall begin work to administer and issue— (4) Where the Secretary of Homeland Secu- Homeland Security for purposes of imple- fraud-resistant, tamper-resistant Social Se- rity determines that compliance with REAL menting Section 602(c), at the discretion of curity cards. ID and with the requirements of the employ- the Secretary. (B) COMPLETION.—Not later than two years ment verification system can best be met by SEC. 307. VOLUNTARY ADVANCED VERIFICATION after the date of enactment of this title, the awarding grants or contracts to a State, a PROGRAM TO COMBAT IDENTITY Commissioner of Social Security shall only THEFT. group of States, a government agency, or a issue fraud-resistant, tamper-resistant and (a) VOLUNTARY ADVANCED VERIFICATION private entity, the Secretary may utilize wear-resistant Social Security cards. PROGRAM.—The Secretary shall establish and Program funds to award such a grant, (2) AMENDMENT.—Section 205(c)(2)(G) of the make available a voluntary program allow- grants, contract or contracts. Social Security Act (42 U.S.C. 405(c)(2)(G)) is (5) On an expedited basis, the Secretary ing employers to submit and verify an em- amended to read— shall award grants or contracts for the pur- ployee’s fingerprints for purposes of deter- ‘‘(i) The Commissioner of Social Security pose of improving the accuracy and elec- mining the identity and work authorization shall issue a social security card to each in- tronic availability of states’ records of of the employee. dividual at the time of the issuance of a so- births, deaths, driver’s licenses, and of other (1) IMPLEMENTATION DATE.—No later than cial security account number to such indi- records necessary for implementation of 18 months after the date of enactment of this vidual. The social security card shall be EEVS and as otherwise necessary to advance Act, the Secretary shall implement the vol- fraud-resistant, tamper-resistant and wear- the purposes of this Act. untary advanced verification program and resistant.’’ (d) USE OF FUNDS.—Grants or contracts make it available to employers willing to (3) AUTHORIZATION OF APPROPRIATIONS.— awarded pursuant to the Program may be volunteer in the program. There are authorized to be appropriated such used to assist State compliance with the (2) VOLUNTARY PARTICIPATION.—The finger- sums as may be necessary to carry out this REAL ID requirements, including, but not print verification program is voluntary; em- subsection and the amendments made by limited to— ployers are not required to participate in it. this subsection. (1) upgrade and maintain technology (b) LIMITED RETENTION PERIOD FOR FINGER- (4) REPORT ON FEASIBILITY OF INCLUDING (2) obtain equipment; PRINTS.— BIOMETRICS.—Within 180 days of enactment, (3) hire additional personnel; (1) The Secretary shall only maintain fin- the Commissioner of Social Security shall (4) cover operational costs, including over- gerprint records of U.S. Citizen that were provide to Congress a report on the utility, time; and submitted by an employer through the EEVS

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.127 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6649 for 10 business days, upon which such records technology to identify any deficiencies and employment of individuals who are not au- shall be purged from any EEVS-related sys- discrepancies related to name, birth date, thorized to work in the United States. tem unless the fingerprints have been or- citizenship status, or death records of the so- (2) SPECIAL AGENTS; SUPPORT STAFF.—The dered to be retained for purposes of a fraud cial security accounts and social security ac- Secretary of the Treasury shall assign to the or similar investigation by a government count holders likely to contribute to fraudu- unit a minimum of 10 full-time special agency with criminal or other investigative lent use of documents, or identity theft, or agents and necessary support staff and is au- authority. to affect the proper functioning of the EEVS thorized to employ up to 200 full time special (2) Exception: For purposes of preventing and shall correct any identified errors. The agents for this unit based on investigative identity theft or other harm, a U.S. Citizen Commissioner shall ensure that a system for requirements and work load. employee may request in writing that his identifying and correcting such deficiencies (3) REPORTS.—During each of the first 5 fingerprint records be retained for employee and discrepancies is adopted to ensure the calendar years beginning after the establish- verification purposes by the Secretary. In accuracy of the Social Security Administra- ment of such unit and biennially thereafter, such instances of written consent, the Sec- tion’s databases. the unit shall transmit to Congress a report retary may retain such fingerprint records ‘‘(iii) NOTIFICATION TO ‘FREEZE’ USE OF SO- that describes its activities and includes the until notified in writing by the U.S. Citizen CIAL SECURITY NUMBER.—The Commissioner number of investigations and cases referred of his withdrawal of consent, at which time of Social Security in consultation with the for prosecution. the Secretary must purge such fingerprint Secretary of Homeland Security, shall estab- (c) INCREASE IN PENALTY ON EMPLOYER records within 10 business days unless the lish a secure process whereby an individual FAILING TO FILE CORRECT INFORMATION RE- fingerprints have been ordered to be retained can request that the Commissioner preclude TURNS.—Section 6721 of such Code (relating for purposes of a fraud or similar investiga- any confirmation under the EEVS based on to failure to file correct information returns) tion by government agency with an inde- that individual’s Social Security number is amended as follows— pendent criminal or other investigative au- until it is reactivated by that individual.’’ (1) in subsection (a)(1)— thority. SEC. 309. IMMIGRATION ENFORCEMENT SUP- (A) by striking ‘‘$50’’ and inserting ‘‘$200’’, (c) LIMITED USE OF FINGERPRINTS SUB- PORT BY THE INTERNAL REVENUE and MITTED FOR PROGRAM.—The Secretary and SERVICE AND THE SOCIAL SECU- (B) by striking ‘‘$250,000’’ and inserting the employer may use any fingerprints taken RITY ADMINISTRATION. ‘‘$1,000,000’’, from the employee and transmitted for (a) TIGHTENING REQUIREMENTS FOR THE (2) in subsection (b)(1)(A), by striking ‘‘$15 querying the EEVS solely for the purposes of PROVISION OF SOCIAL SECURITY NUMBERS ON in lieu of $50’’ and inserting ‘‘$60 in lieu of verifying identity and employment eligi- FORM W–2 WAGE AND TAX STATEMENTS.— $200’’, bility during the employee verification proc- Section 6724 of the Internal Revenue Code (3) in subsection (b)(l)(B), by striking ess. Such transmitted fingerprints may not of 1986 (relating to waiver; definitions and ‘‘$75,000’’ and inserting ‘‘$300,000’’, be used for any other purpose. This provision special rules) is amended by adding at the (4) in subsection (b)(2)(A), by striking ‘‘$30 does not alter any other provisions regarding end the following new subsection: in lieu of $50’’ and inserting ‘‘$120 in lieu of the use of non-fingerprint information in the ‘‘(f) Special rules with respect to social se- $200’’, EEVS. curity numbers on withholding exemption (5) in subsection (b)(2)(B), by striking (d) SAFEGUARDING OF FINGERPRINT INFOR- certificates. ‘‘$150,000’’ and inserting ‘‘$600,000’’, MATION.—The Secretary, subject to specifica- ‘‘(l) Reasonable cause waiver not to apply. (6) in subsection (d)(A) in paragraph (1)— tions and limitations set forth under this Subsection (a) shall not apply with respect (i) by striking ‘‘ ‘$100,000’ for ‘$250,000’’’ and section and other relevant provisions of this to the social security account number of an inserting ‘‘ ‘$400,000’ for ‘$1,000,000’’’ in sub- Act, shall be responsible for safely and se- employee furnished under section 6051 (a)(2). paragraph (A), curely maintaining and storing all finger- ‘‘(2) EXCEPTION.—‘‘(A) IN GENERAL.—Except (ii) by striking ‘‘ ‘$25,000’ for ‘$75,000’’’ and prints submitted under this program. as provided in subparagraph (B), [paragraph inserting ‘‘ ‘$100,000’ for ‘$300,000’’’ in sub- (1)] shall not apply in any case in which the paragraph (B), and SEC. 308. RESPONSIBILITIES OF THE SOCIAL SE- CURITY ADMINISTRATION. employer— (iii) by striking ‘‘ ‘$50,000’ for ‘$150,000’’’ Section 205(c)(12) of the Social Security ‘‘(i) receives confirmation that the discrep- and inserting ‘‘ ‘$200,000’ for ‘$600,000’’’ in Act, 42 U.S.C. 405(c)(2), is amended by adding ancy described in section 205(c)(2)(I) of the subparagraph (C), at the end the following new subparagraphs: Social Security Act has been resolved, or (B) in paragraph (2)(A), by striking ‘‘(I) RESPONSIBILITIES OF THE COMMISSIONER ‘‘(ii) corrects a clerical error made by the ‘‘$5,000,000’’ and inserting ‘‘$2,000,000’’, and OF SOCIAL SECURITY.— employer with respect to the social security (C) in the heading, by striking ‘‘$5,000,000’’ ‘‘(i) As part of the verification system, the account number of an employee within 60 and inserting ‘‘$2,000,000’’, Commissioner of Social Security shall, sub- days after notification under section (7) in subsection (e)(2)— ject to the provisions of section 274A(d) of 205(c)(2)(1) of the Social Security Act that (A) by striking ‘‘$100’’ and inserting ‘‘$400’’, the Immigration and Nationality Act, estab- the social security account number con- (B) by striking ‘‘$25,000’’ and inserting lish reliable, secure method that, operating tained in wage records provided to the Social ‘‘$100,000’’ in subparagraph (C)(i), and through the EEVS and within the time peri- Security Administration by the employer (C) by striking ‘‘$100,000’’ and inserting ods specified in section 274A(d) of the Immi- with respect to the employee does not match ‘‘$400,000’’ in subparagraph (C)(ii), and (8) in subsection (e)(3)(A), by striking gration and Nationality Act: the social security account number of the ‘‘(1) compares the name, social security ac- employee contained in relevant records oth- ‘‘$250,000’’ and inserting ‘‘$1,000,000’’. (d) EFFECTIVE DATE.—The amendments count number and available citizenship in- erwise maintained by the Social Security made by subsections (b) and (c) shall apply formation provided in an inquiry against Administration. to failures occurring after December 31, 2006. such information maintained by the Com- ‘‘(B) Exception not applicable to frequent missioner in order to confirm (or not con- offenders. Subparagraph (A) shall not SEC. 310. AUTHORIZATION OF APPROPRIATIONS firm) the validity of the information pro- apply— (a) There are authorized to be appropriated vided regarding an individual whose identity ‘‘(i) in any case in which not less than 50 of to the Secretary of Homeland Security such and employment eligibility must be con- the statements required to be made by an sums as may be necessary to carry out the firmed; employer pursuant to section 6051 either fail provisions of this Act, and the amendments ‘‘(2) the correspondence of the name, num- to include an employee’s social security ac- made by this Act, including the following ap- ber, and any other identifying information; count number or include an incorrect social propriations: ‘‘(3) whether the name and number belong security account number, or (1) In each of the five years beginning on to an individual who is deceased; ‘‘(ii) with respect to any employer who has the date of the enactment of this Act, the ‘‘(4) whether an individual is a national of received written notification under section appropriations necessary to increase to a the United States (when available); and 205(c)(2)(1) of the Social Security Act during level not less than 4500 the number of per- ‘‘(5) whether the individual has presented each of the 3 preceding taxable years that sonnel of the Department of Homeland Secu- social security account number that is not the social security account numbers in the rity assigned exclusively or principally to an valid for employment. wage records provided to the Social Security office or offices dedicated to monitoring and The EEVS shall not disclose or release so- Administration by such employer with re- enforcing compliance with sections 274A and cial security information to employers spect to 10 more employees do not match rel- 274C of the Immigration and Nationality Act through the confirmation system (other than evant records otherwise maintained by the (8 U.S.C. 1324a and 1324c), including compli- such confirmation or nonconfirmation). Social Security Administration.’’ ance with the requirements of the EEVS. ‘‘(ii) SOCIAL SECURITY ADMINISTRATION (b) ENFORCEMENT.— These personnel shall perform the following DATABASE IMPROVEMENTS.—For purposes of (1) IN GENERAL.—Not later than 90 days compliance and monitoring activities: preventing identity theft, protecting em- after the date of the enactment of this Act, (A) verify Employment Identification ployees, and reducing burden on employers, the Secretary of the Treasury, in consulta- Numbers of employers participating in the and notwithstanding section 6103 of title 26, tion with the Secretary of Homeland Secu- EEVS; United States Code, the Commissioner of So- rity, shall establish a unit within the Crimi- (B) verify compliance of employers partici- cial Security in consultation with the Sec- nal Investigation office of the Internal Rev- pating in the EEVS with the requirements retary, shall review the Social Security Ad- enue Service to investigate violations of the for participation that are prescribed by the ministration databases and information Internal Revenue Code of 1986 related to the Secretary;

VerDate Aug 31 2005 08:43 May 25, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.129 S24MYPT1 bajohnson on PRODPC74 with SENATE S6650 CONGRESSIONAL RECORD — SENATE May 24, 2007 (C) monitor the EEVS for multiple uses of ‘‘(W) [Reserved]; retary of Homeland Security. The petition Social Security Numbers and any immigra- ‘‘(X) [Reserved]; or must be accompanied by— tion identification numbers for evidence that ‘‘(Y) subject to section 218A, an alien hav- ‘‘(A) evidence that the employer has ob- could indicate identity theft or fraud; ing a residence in a foreign country which tained certification under section 218B from (D) monitor the EEVS to identify discrimi- the alien has no intention of abandoning and the Secretary of Labor for the position natory practices; who is coming temporarily to the United sought to be filled by a Y nonimmigrant (E) monitor the EEVS to identify employ- States— worker and that such certification remains ers who are not using the system properly, ‘‘(i) to perform temporary labor or services valid; including employers who fail to make appro- other than the labor or services described in ‘‘(B) evidence that the job offer was and re- priate records with respect to their queries clause (i)(b), (i)(bl), (i)(c), or (iii) of subpara- mains valid; and any notices of confirmation, noncon- graph of (H), subparagraph (D), (E), (I), (L), ‘‘(C) the name and other biographical in- firmation, or further action; (O), (P), or (R), or section 214(e) (if United formation of the alien beneficiary and any (F) identify instances where employees al- States workers who are able, willing, and accompanying spouse or child; and lege that an employer violated their privacy qualified to perform such labor or services ‘‘(D) any biometrics from the beneficiary rights; cannot be found in the United States); that the Secretary of Homeland Security (G) analyze and audit the use of the EEVS (ii) to perform seasonal non-agricultural may require by regulation. and the data obtained through the EEVS to labor or services; or ‘‘(2) TIMING OF FILING.— identify fraud trends, including fraud trends ‘‘(iii) as the spouse or child of an alien de- ‘‘(A) IN GENERAL.—A petition under this across industries, geographical areas, or em- scribed in clause (i) or (ii) of this subpara- ployer size; subsection must be filed with the Secretary graph.’’ of Homeland Security within 180 days of the (H) analyze and audit the use of the EEVS (b) REFERENCES.—All references in the im- date of certification under section 218B by and the data obtained through the EEVS to migration laws as amended by this Title to the Secretary of Labor of the job oppor- develop compliance tools as necessary to re- section 101(a)(15)(H)(ii)(b) of the Immigration tunity. spond to changing patterns of fraud; and Nationality Act shall be considered ref- ‘‘(B) EXPIRATION OF CERTIFICATION.—If a (I) provide employers with additional erence to both that section of the Act and to labor certification is not filed in support of training and other information on the proper section (a)(15)(Y)(ii) of the Act. petition under this subsection with the Sec- use of the EEVS; (c) EFFECTIVE DATE.—The effective date of retary of Homeland Security within 180 days (J) perform threshold evaluation of cases the amendment made by subparagraph (l)(A) of the date of certification by the Secretary for referral to the U.S. Immigration and Cus- of subsection (a) shall be the date on which of Labor, then the certification expires and toms Enforcement and to liaise with the U.S. the Secretary of Homeland Security makes may not support a Y nonimmigrant petition Immigration and Customs Enforcement with the certification described in section l(a) of or be the basis for nonimmigrant visa respect to these referrals; this Act. (K) any other compliance and monitoring issuance. SEC. 402. ADMISSION OF NONIMMIGRANT WORK- activities that, in the Secretary’s judgment, ‘‘(3) ABILITY TO REQUEST DOCUMENTATION.— ERS. are necessary to ensure the functioning of The Secretary of Homeland Security may re- (a) NEW WORKERS—Chapter 2 of title II of the EEVS; quest information to verify the attestations the Act (8 U.S.C. 1181 et seq.) is amended by (L) investigate identity theft and fraud de- the employer made during the labor certifi- striking section 218 and inserting the fol- tected through the EEVS and undertake the cation process, and any other fact relevant lowing: necessary enforcement actions; to the adjudication of the petition. ‘‘SEC. 218A. ADMISSION OF NONIMMIGRANTS. (M) investigate use of fraudulent docu- ‘‘(4) ADJUDICATION OF PETITION.— ‘‘(a) APPLICATIAN PROCEDURES.— ments or access to fraudulent documents ‘‘(A) POST-ADJUDICATION ACTION.—After re- through local facilitation and undertake the ‘‘(1) LABOR CERTIFICATION.—The Secretary view of the petition, if the Secretary— of Labor shall prescribe by regulation the necessary enforcement actions; ‘‘(i) is satisfied that the petition meets all procedures for a United States employer to (N) provide support to the U.S. Citizenship of the requirements of paragraph (1), and any obtain a labor certification of a job oppor- and Immigration Services with respect to other requirements the Secretary has pre- tunity under the terms set forth in section the evaluation of cases for referral to the scribed in regulations, he may approve the 218B. U.S. Immigration and Customs Enforcement; petition and by fax, cable, electronic, or any ‘‘(2) PETITION.—The Secretary of Homeland (O) perform any other investigations that, other means assuring expedited delivery— in the Secretary’s judgment, are necessary Security shall prescribe by regulation the ‘‘(I) transmit copy of the notice of action to ensure the functioning of the EEVS, and procedures for a United States employer to on the petition to the petitioner; and undertake any enforcement actions nec- petition to the Secretary of Homeland Secu- ‘‘(II) in the case of approved petitions, essary as a result of these investigations. rity for authorization to employ an alien as transmit notice of the approval to the (2) The appropriations necessary to ac- a Y nonimmigrant worker and violance for Secretry of State; quire, install and maintain technological such authorization under the terms set forth equipment necessary to support the func- in subsection (c). ‘‘(ii) finds that the employer is not eligible or that the petition is otherwise not approv- tioning of the EEVS and the connectivity be- (3)Y NONIMMIGRANT VISA.—The Secretary tween U.S. Citizenship and Immigration of State and the Secretary of Homeland Se- able, the Secretary may— Services and the U.S. Immigration and Cus- curity, as appropriate, shall prescribe by reg- ‘‘(I) deny the petition without seeking ad- toms Enforcement with respect to the shar- ulation the procedures for an alien to apply ditional evidence and inform the petitioner— ing of information to support the EEVS and for a Y nonimmigrant visa and the evidence ‘‘(aa) that the petition was denied and the related immigration enforcement actions. required to demonstrate eligibility for such reason for the denial; (b) There are authorized to be appropriated visa under the terms set forth in subsection ‘‘(bb) of any available process for adminis- to Commissioner of Social Security such (e). trative appeal of the decision; and sums as may be necessary to carry out the ‘‘(4) REGULATIONS.—The regulations ref- .‘‘(cc) that the denial is without prejudice provisions of this Act, including Section 308 erenced in paragraphs (1), (2), and (3) shall to the filing of any subsequent petitions, ex- of this Act. describe, at a minimum— cept as provided in section 218B(e)(4); TITLE IV—NEW TEMPORARY WORKER ‘‘(A) the procedures for collection and ‘‘(II) issue a request for documentation of PROGRAM verification of biometric data from an alien the attestations or any other information or evidence that is material to the petition; or SUBTITLE A—SEASONAL NON-AGRICUL- seeking a Y nonimmigrant visa or admission TURAL AND YEARROUND NON- in Y nonimmigrant status; and ‘‘(III) audit, investigate or otherwise re- IMMIGRANT TEMPORARY WORKERS ‘‘(B) the procedure and standards for vali- view the petition in such manner as he may dating an employment arrangement between determine and refer evidence of fraud to ap- SEC. 401. NONIMMIGRANT TEMPORARY WORKER. a United States employer and an alien seek- propriate law enforcement agencies based on (a) IN GENERAL—Section 101(a)(15) of the ing a visa or admission described in (A). the audit information. Immigration and Nationality Act (8 U.S.C. ‘‘(b) Application for Certification of a Job (B) VALIDITY OF APPROVED PETITION.—An 1101(a)(15)) is amended— approved petition shall have the same period (1) in subparagraph (H)— Opportunity Offered to Y Nonimmigrant (A) by striking subclause (ii)(b); Workers.—An employer desiring to employ a of validity as the certification described in (B) by striking ‘or (iii)’ and inserting Y nonimmigrant worker shall, with respect subsection (c)(l)(A) and expire on the same ‘‘(iii’’); to a specific opening that the employer seeks date that the certification expires, except (C) by striking and the alien spouse’ and to fill with such a Y nonimmigrant, submit that the Secretary of Homeland Security inserting or an application for labor certification of the may terminate in his discretion an approved (iv) the alien spouse’; job opportunity filed in accordance with the petition— (2) by striking ‘or’ at the end of subpara- procedures established by section 218B. ‘‘(i) when he determines that any material graph (U); ‘‘(c) PETITION TO EMPLOY NONIMMIGRANT fact, including, but not limited to the prof- (3) by striking the period at the end of sub- WORKERS.— fered wage rate, the geographic location of paragraph (V) and inserting semi-colon; and ‘‘(1) IN GENERAL.—An employer that seeks employment, or the duties of the position, (4) by inserting at the end the following authorization to employ a Y nonimmigrant has changed in way that would invalidate new subparagraphs— worker must file a petition with the Sec- the recruitment actions; or

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.130 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6651 ‘‘(ii) when he or the Secretary of Labor ing a determination of immunization status), for humanitarian purposes, to ensure family makes a finding of fraud or misrepresenta- at the alien’s expense, that conforms to gen- unity, or if such waiver is otherwise in the tion concerning the facts on the petition or erally accepted standards of medical prac- public interest. any other representation made by the em- tice. (3) CONSTRUCTION.—Nothing in this sub- ployer before the Secretary of Labor or Sec- ‘‘(5) APPLICATION CONTENT AND WAIVER.— section shall be construed as affecting the retary of Homeland Security. ‘‘(A) APPLICATION FORM.—The alien shall authority of the Secretary otherthan under ‘‘(C) ADMINISTRATIVE REVIEW.—The Sec- submit to the Secretary of State a completed this paragraph to waive the provisions of retary of Homeland Security shall authorize application, which contains evidence that section 212(a). a single level of administrative review with the requirements under paragraphs (1) and (g) BACKGROUND CHECKS.—The Secretary of the United States Citizenship and Immigra- (2) have been met. Homeland Security shall not admit, and the tion Services Administrative Appeals Office ‘‘(B) CONTENT.—In addition to any other in- Secretary of State shall not issue a visa to, of a petition denial or termination. formation that the Secretary requires to de- an alien seeking Y nonimmigrant visa or sta- ‘‘(d) AUTHORIZATION TO GRANT Y NON- termine an alien’s eligibility for Y non- tus unless all appropriate background checks IMMIGRANT VISA— immigrant status, the Secretary of State have been completed to the satisfaction of (1) IN GENERAL.—Consular officer may shall require an alien to provide information the Secretaries of State and Homeland Secu- grant a single-entry temporary visa to a Y concerning the alien’s— rity. nonimmigrant who demonstrates an intent ‘‘(i) physical and mental health; (h) GROUNDS OF INELIGIBILITY.— to perform labor or services in the United ‘‘(ii) criminal history, including all arrests (1) IN GENERAL.—An alien is ineligible for Y States (other than the labor or services de- and dispositions, and gang membership; nonimmigrant visa or Y nonimmigrant sta- scribed in clause (i)(b), (i)(b1), (i)(c), or (iii) ‘‘(iii) immigration history; and tus if the alien is described in section of section 101(a)(15)(H), subparagraph (D), ‘‘(iv) involvement with groups or individ- 601(d)(1)(A), (D), (E), (F), or (G) of the [insert (E), (I), (L), (O), (P), or (R) of section uals that have engaged in terrorism, geno- Title of Act]. 101(a)(15), or section 214(e) (if United States cide, persecution, or who seek the overthrow (2) INELIGIBILITY OF DERIVATIVE Y-3 NON- workers who are able, willing, and qualified of the United States Government. IMMIGRANTS.—An alien is ineligible for Y-3 to perform such labor or services cannot be ‘‘(C) KNOWLEDGE.—The alien shall include nonimmigrant status if the found in the United States). with the application submitted under this principalnonimmigrant is ineligible under ‘‘(2) APPLICANTS FROM CANADA.—Notwith- paragraph a signed certification in which the paragraph (1). standing any waivers of the visa requirement alien certifies that— (3) APPLICABILITY TO GROUNDS OF INADMIS- under section 212(a)(7)(B)(i)(II), a national of ‘‘(i) the alien has read and understands all SIBILITY.—Nothing in this subsection shall be Canada seeking admission as a Y non- of the questions and statements on the appli- construed to limit the applicability of any immigrant will be inadmissible if not in pos- cation form; ground of inadmissibility under section 212. (i) PERIOD OF AUTHORIZED ADMISSION.— session of— ‘‘(ii) the alien certifies under penalty of (1) IN GENERAL.—Aliens admitted to the ‘‘(I) a valid Y nonimmigrant visa; or perjury under the laws of the United States United States as nonimmigrants shall be (II) documentation of a nonimmigrant sta- that the application, and any evidence sub- granted the following periods of admission: tus, as described in subsection (m). mitted with it, are all true and correct; and ‘‘(e) REQUIREMENTS FOR ADMISSION.—An (A) Y-1 NONIMMIGRANTS.—Except as pro- ‘‘(iii) the applicant authorizes the release vided in (2), aliens -granted admission as Y- alien shall be eligible for nonimmigrant sta- of any information contained in the applica- tus if the alien meets the following require- 1 nonimmigrants shall be granted an author- tion and any attached evidence for law en- ized period of admission of two years. Sub- ments: forcement purposes. ‘‘(1) ELIGIBILITY TO WORK.—The alien shall ject to paragraph (4), such two-year period of ‘‘(6) MUST NOT BE INELIGIBLE.—The alien establish that the alien is capable of per- admission may be extended for two addi- must not fall within a class of aliens ineli- forming the labor or services required for an tional two-year periods. gible for nonimmigrant status listed under occupation described in section (B) Y-2B NONIMMIGRANTS.—Aliens granted subsection (h). 101(a)(15)(Y)(i) or (Y)(ii). admission as Y-2B nonimmigrants shall be ‘‘(7) MUST NOT BE INADMISSIBLE.—The alien ‘‘(2) EVIDENCE OF EMPLOYMENT OFFER.—The granted an authorized period of admission of must not be inadmissible as a nonimmigrant alien’s evidence of employment shall be pro- 10 months. to the United States under section 212, ex- vided in accordance with the requirements (2) Y-1 NONIMMIGRANTS WITH Y-3 DEPEND- cept as provided in subsection (f). issued by the Secretary of State, in consulta- ENTS.—A Y-1 nonimmigrant who has accom- ‘‘(8) SPOUSR OR CHILD OF NONIMMIGRANT.— tion with the Secretary of Labor. In carrying panying or following-to-join derivative fam- An alien seeking admission as a derivative out this paragraph, the Secretary may con- ily members in Y-3 nonimmigrant status Y-3 nonimmigrant must demonstrate, in ad- sider evidence from employers, employer as- shall be limited to two two-year periods of dition to satisfaction of the requirements of sociations, and labor representatives. admission. If the family members accom- paragraphs (2) through (6)— ‘‘(3) FEES.— pany the Y-1 nonimmigrant during the ‘‘(A) PROCESSING FEES.—An alien making ‘‘(A) that the annual wage of the principal alien’s first period of admission the family an application for a Y nonimmigrant visa Y nonimmigrant paid by the principal non- members may not accompany or join the Y- shall be required to pay, in addition to any immigrant’s U.S. employer, combined with 1 nonimmigrant during the alien’s second pe- fees charged by the Department of State for the annual wage of the principal Y non- riod of admission. If the Y-1 nonimmigrant’s processing and adjudicating such visa appli- immigrant’s spouse where the Y-3 non- family members accompany or follow to join cation, a processing fee in an amount suffi- immigrant is a child and the Y non- the Y-1 nonimmigrant during the alien’s sec- cient to recover the full cost to the Sec- immigrant’s spouse is a member of the prin- ond period of admission, but not his first pe- retary of Homeland Security of administra- cipal Y nonimmigrant’s household, is equal riod of admission, then the Y-1 non- tive and other expenses associated with proc- to or greater than 150 percent of the U.S. immigrant shall not be granted any addi- essing the alien’s participation in the Y non- poverty level for a household size equal in tional periods of admission in nonimmigrant immigrant program, including the costs of size to that of the principal alien (including status. The period of authorized admission of production of documentation of evidence all dependents, family members supported by Y-3 nonimmigrant shall expire on the same under subsection (m). the principal alien, and the spouse or child date as the period of authorized admission of ‘‘(B) STATE IMPACT FEE.—Aliens making an seeking to accompany or join the principal the principal Y-1 nonimmigrant worker. application for a Y-1 nonimmigrant visa alien), as determined by the Secretary of ‘‘(3) SUPPLEMENTARY PERIODS.— shall pay a state impact fee of $500 and an Health and Human Services for the fiscal (Each period of authorized admission de- additional $250 for each dependent accom- year in which the spouse or child’s applica- scribed in paragraph (1) shall be supple- panying or following to join the alien, not to tion for a nonimmigrant visa is filed; and mented by a period of not more than 1 week exceed $1500 per family. ‘‘(B) that the alien’s cost of medical care is before the beginning of the period of employ- ‘‘(C) DEPOSIT AND SPENDING OF FEES.—The covered by medical insurance, valid in the ment for the purpose of travel to the work- processing fees under subparagraph (A) shall United States, carried by the principal Y site and, except where such period of author- be deposited and remain available until ex- nonimmigrant alien, the principal Y non- ized admission has been terminated under pended as provided by sections 286(m) and immigrant’s spouse (where the Y-3 non- subsection (j), a period of 14 days following (n). immigrant is a child), or the principal Y non- the period of employment for the purpose of ‘‘(D) DEPOSIT AND DISPOSITION OF STATE IM- immigrant alien’s employer. departure or extension based onsubsequent PACT ASSISTANCE FUNDS.—The funds de- (f) GROUNDS OF INADMISSIBILITY.— offer of employment, except that— scribed in subparagraph (B) shall be depos- (1) WAIVED GROUNDS OF INADMISSIBILITY.— (A) the alien is not authorized to be em- ited and remain available as provided by sec- In determining an alien’s admissibility as Y ployed during such 14-day period except in tion 286(x). nonimmigrant, such alien shall be found to the employment for which the alien was pre- ‘‘(E) CONSTRUCTION.—Nothing in this para- be inadmissible if the alien would be subject viously authorized; and graph shall be construed to affect consular to the grounds of inadmissibility under sec- (B) the total period of employment, includ- procedures for collection of machine-read- tion 601(d)(2). ing such 14-day period, may not exceed the able visa fees or reciprocal fees for the (2) WAIVER.—The Secretary may In his dis- maximum applicable period of admission issuance of the visa. cretion waive the application of any provi- under paragraph (1). ‘‘(4) MEDICAL EXAMINATION.—The alien sion of section 212(a) of the Act not listed in (4) EXTENSIONS OF THE PERIOD OF ADMIS- shall undergo a medical examination (includ- paragraph (2) on behalf of an individual alien SION.—

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(A) IN GENERAL.—The periods of authorized the alien’s 14-day period to lawfully depart ‘‘(m) EVIDENCE OF NONIMMIGRANT STATUS.— admission described in paragraph (1) may the United States shall not be considered to Each Y nonimmigrant shall be issued docu- not, except as provided in subparagraph begin until the date that the alien has been mentary evidence of nonimmigrant status, (C)(2) of paragraph (1), be extended beyond provided notice of the termination; or which— the maximum period of admission set forth ‘‘(iii) in the case of a Y–2B nonimmigrant, ‘‘(1) shall be machine-readable, tamper-re- in that paragraph. an aggregate period of 30 days, provided that sistant, and shall contain a digitized photo- (B) EXTENSION OF Y–1 NONIMMIGRANT STA- the alien’s 14-day period to lawfully depart graph and other biometric identifiers that TUS.—Y–1 nonimmigrant described in para- the United States shall not be considered to can be authenticated; graph (l)(A) who has spent 24 months in the begin until the date that the alien has been ‘‘(2) shall, during the alien’s authorized pe- United States in Y-1 nonimmigrant status provided notice of the termination; riod of admission under subsection (i), serve may not seek extension or be readmitted to ‘‘or; as a valid entry document for the purpose of the United States asY-1 nonimmigrant un- ‘‘(E) the alien is a Y–3 nonimmigrant applying for admission to the United less the alien has resided and been physically whose spouse or parent in Y–1 nonimmigrant States— present outside the United States for the im- status is an alien described in subparagraphs ‘‘(A) instead of a passport and visa if the mediate prior 12 months. (A), (B), (C), or (D). alien— (5) LIMITATION ON ADMISSION.— ‘‘(2) EXCEPTION.—The period of authorized ‘‘(i) is a national of a foreign territory con- (A) Y-1 NONIMMIGRANTS.—An alien who has admission of a Y nonimmigrant shall not tiguous to the United States; and been admitted to the United States in Y-1 terminate for unemployment under subpara- ‘‘(ii) is applying for admission at a land nonimmigrant status for a period of two graph (1)(D) if the alien submits documenta- border port of entry; and years under paragraph (l)(B), or as the Y-3 tion to the Secretary of Homeland Security ‘‘(B) in conjunction with a valid passport, nonimmigrant spouse or child of such Y-1 that establishes that such unemployment if the alien is applying for admission at an nonimmigrant, may not be readmitted to the was caused by— air or sea port of entry; United States as Y-1 or Y-3 nonimmigrant ‘‘(A) a period of physical or mental dis- ‘‘(3) may be accepted during the period of after expiration of such period of authorized ability of the alien or the spouse, son, daugh- its validity by an employer as evidence of admission, regardless of whether the alien ter, or parent (as defined in section 101 of the employment authorization and identity was employed or present in the United Family and Medical Leave Act of 1993 (29 under section 274A(b)(1)(B); and States for all orpart of such period. U.S.C. 2611)) of the alien; ‘‘(4) shall be issued to the Y nonimmigrant (B) Y-2B NONIMMIGRANTS.—An alien who ‘‘(B) a period of vacation, medical leave, by the Secretary of Homeland Security has been admitted to the United States in Y- maternity leave, or similar leave from em- promptly after such alien’s admission to the 2B nonimmigrant status may not, after expi- ployment authorized by employer policy, United States as a nonimmigrant and report- ration of the alien’s period of authorized ad- State law, or Federal law; or ing to the employer’s worksite under sub- mission, be readmitted to the United States ‘‘(C) any other period of temporary unem- section (q) or, at the discretion of the Sec- as Y nonimmigrant after expiration of the ployment that is the direct result of a force retary of Homeland Security, may be issued alien’s period of authorized admission, re- majeure event. by the Secretary of State at consulate in- gardless of whether the alien was employed ‘‘(3) RETURN TO FOREIGN RESIDENCE.—Any stead of a visa. or present in the United States for all or alien whose period of authorized admission ‘‘(n) PERMANENT BARS FOR OVERSTAYS.— ‘‘(1) IN GENERAL.—Any Y nonimmigrant only part of such period, unless the alien has terminates under paragraph (1) shall be re- who remains beyond his or her initial au- resided and been physically present outside quired to leave the United States imme- thorized period of admission is permanently the United States for the immediately pre- diately and register such departure at a des- barred from any future benefits under the ceding two months. ignated port of departure in a manner to be immigration laws, except— (C) READMISSION WITH NEW EMPLOYMENT.— prescribed by the Secretary. ‘‘(A) asylum under section 208(a); Nothing in this paragraph shall be construed NVALIDATION OF DOCUMENTATION.—Any ‘‘(4) I ‘‘(B) withholding of removal, under section to preventY nonimmigrant, whose period of documentation that is issued by the Sec- authorized admission has not yet expired or 241(b)(3); or retary of Homeland Security under sub- ‘‘(C) protection under the Convention been terminated under subsection (j), and section (m) to any alien, whose period of au- who leaves the United States in a timely Against Torture and Other Cruel, Inhuman thorized admission terminates under para- or Degrading Treatment or Punishment, fashion after completion of the employment graph (1), shall automatically be rendered in- described in the petition of the non- done at New York December 10, 1984. valid for any purpose except departure. ‘‘(2) EXCEPTION.—Overstay of the author- immigrant’s most recent employer, from re- ‘‘(k) VISITS OUTSIDE THE UNITED STATES.— entering the United States asY non- ized period of admission may be excused in ‘‘(A) IN GENERAL.—Under regulations estab- the discretion of the Secretary where it is immigrant to work fornew employer, if the lished by the Secretary of Homeland Secu- alien and the new employer have complied demonstrated that: rity, a Y nonimmigrant— ‘‘(A) the period of overstay was due to ex- with all applicable requirements of this sec- ‘‘(i) may travel outside of the United traordinary circumstances beyond the con- tion and section 218B. States; and trol of the applicant, and the Secretary finds (6) INTERNATIONAL COMMUTERS.—An alien ‘‘(ii) may be readmitted for a period not the period commensurate with the cir- who maintains actual residence and place of more than the remaining time left until the abode outside the United States and com- cumstances; and alien accrues the maximum period of admis- ‘‘(B) the alien has not otherwise violated mutes, on days the alien is working, into the sion set forth in subsection (i), and without his Y nonimmigrant status. United States to work as Y-l nonimmigrant, having to obtain a new visa if: ‘‘(o) PENALTY FOR ILLEGAL ENTRY OR OVER- shall be granted an authorized period of ad ‘‘(A) the period of authorized admission STAY.— mission of three years. The limitations de- has not expired or been terminated; ‘‘(1) ILLEGAL ENTRY.—Any alien who after scribed in paragraphs (3) and (4) shall not ‘‘(B) the alien is the bearer of valid docu- the date of the enactment of this section, un- apply to commuters described in this para- mentary evidence of Y nonimmigrant status lawfully enters, attempts to enter, or crosses graph. that satisfies the conditions set forth in sub- the border, and is physically present in the ‘‘(j) TERMINATION.— section (m); and United States after such date in violation of (1) IN GENERAL.—The period of authorized ‘‘(C) the alien is not subject to the bars on admission of a Y nonimmigrant shall termi- the immigration laws, is barred permanently extension or admission described in sub- from any future benefits under the immigra- nate immediately if: section (l). (A) the Secretary of Homeland Security de- tion laws, except as provided in paragraph (3) ‘‘(B) EFFECT ON PERIOD OF AUTHORIZED AD- termines that the alien was not eligible for or (4). MISSION.—Time spent outside the United such Y nonimmigrant status at the time of ‘‘(2) OVERSTAY.—Any alien, other than a Y States under subparagraph (A) shall not ex- nonimmigrant, who, after the date of the en- visa application or admission; tend the most recent period of authorized ad- (B) (i) the alien commits an act that makes actment of this section remains unlawfully mission in the United States. the alien removable from the United States in the United States beyond the period of au- ‘‘(l) BARS TO EXTENSION OR ADMISSION.—An 2317; thorized admission, is barred for a period of (ii) the alien becomes inadmissible under alien may not be granted Y nonimmigrant ten years from any future benefits under the section 212 (except as provided in subsection status if— immigration laws, except as provided in ‘‘A) the alien has violated any material (f)); or paragraph (3) or (4). (iii) the alien becomes ineligible under sub- term or condition of such status granted pre- ‘‘(3) RELIEF.—Notwithstanding the bar in section (h) ; viously, including failure to comply with the paragraph (1) or (2), an alien may apply for— (C) the alien uses the documentation of his change of address reporting requirements ‘‘(A) asylum under section 208(a); or her Y nonimmigrant status issued under under section 265; (B) withholding of removal under section subsection (m) for unlawful or fraudulent ‘‘(B) the alien is inadmissible as a non- 241(b)(3); or purposes; immigrant, except for those grounds pre- ‘‘(C) protection under the Convention ‘‘(D) subject to paragraph (2), the alien is viously waived under subsection (f); or Against Torture and Other Cruel, Inhuman unemployed within the United States for— ‘‘(C) the granting of such status would or Degrading Treatment or Punishment, (i) 60 or more consecutive days; allow the alien to exceed limitations on stay done at New York December 10, 1984. ‘‘(ii) in the case of a Y–1 nonimmigrant, an in the United States in Y status described in ‘‘(4) EXCEPTION.—Overstay of the author- aggregate period of 120 days, provided that subsection (i). ized period of admission may be excused in

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the discretion of the Secretary where it is ‘‘(2) CONSTRUCTION.—Nothing in this sub- with the Secretary of Education, shall estab- demonstrated that: section shall be construed to prevent an lish the State Impact Assistance Grant Pro- ‘‘(A) the period of overstay was due to ex- alien who is precluded from changing status gram (referred to in this subsection as the traordinary circumstances beyond the con- to a particular Y nonimmigrant classifica- ‘Program’), under which the Secretary may trol of the applicant, and the Secretary finds tion under subparagraphs (l)(B), (C), or (D) award grants to States to provide health and the period commensurate with the cir- from leaving the United States and applying education services to noncitizens in accord- cumstances; and at a U.S. consulate for the desired non- ance with this paragraph. ‘‘(B) the alien has not otherwise violated immigrant visa, subject to all applicable eli- ‘‘(B) STATE ALLOCATIONS.—The Secretary his nonimmigrant status. gibility requirements; in the appropriate Y of Health and Human Services shall annually ‘‘(p) PORTABILITY.—A Y nonimmigrant classification allocate the amounts available in the State worker, who was previously issued a visa or ‘‘(t) VISITATION OF Y NONIMMIGRANT BY Impact Assistance Account among the otherwise provided Y nonimmigrant status, SPOUSE OR CHILD OF WITHOUT A Y–3 NON- States as follows: may accept a new offer of employment with IMMIGRANT VISA.—Nothing in this section ‘‘(i) NONCITIZEN POPULATION.—Eighty per- a subsequent employer, if— shall be construed to prohibit the spouse or cent of such amounts shall be allocated so ‘‘(1) the position being offered the Y non- child of a Y nonimmigrant worker to be ad- that each State receives the greater of— immigrant has been certified by the Sec- mitted to the United States under any other ‘‘(I) $5,000,000; or retary of Labor under section 218B and the existing legal basis for which the spouse or ‘‘(II) after adjusting for allocations under employer complies with all requirements of child may qualify. subclause (I), the percentage of the amount this section and section 218B; ‘‘(u) CHANGE OF ADDRESS.—A Y non- to be distributed under this clause that is ‘‘(2) the alien, after lawful admission to the immigrant shall comply with the change of equal to the noncitizen resident population United States, did not work without author- address reporting requirements under sec- of the State divided by the noncitizen resi- ization; and tion 265 through electronic or paper notifica- dent population of all States, based on the ‘‘(3) the subsequent employer has notified tion.’’ most recent data available from the Bureau the Secretary of Homeland Security under (b) Conforming Amendment Regarding Cre- of the Census. subsection (q) of the Y nonimmigrant’s ation of Treasury Accounts. ‘‘(ii) HIGH GROWTH RATES.—Twenty percent change of employment. Section 286 of the Immigration and Nation- of such amounts shall be allocated among ‘‘(q) REPORTING OF START AND TERMINATION ality Act (8 U.S.C. 1356) is amended by in- the 20 States with the largest growth rates OF EMPLOYMENT.— serting at the end the following new sub- in noncitizen resident population, as deter- ‘‘(1) START OF Y WORKER EMPLOYMENT.—A Y sections.— mined by the Secretary of Health and nonimmigrant shall report in the manner ‘‘(w) TEMPORARY WORKER PROGRAM AC- Human Services, so that each such State re- prescribed by the Secretary of Homeland Se- COUNT.— ceives the percentage of the amount distrib- curity to the employer whose job offer was ‘‘(1) IN GENERAL.—There is established in uted under this clause that is equal to— the basis for issuance of the alien’s Y non- the general fund of the Treasury a separate ‘‘(I) the growth rate in the noncitizen resi- immigrant visa within 7 days of admission account, which shall be known as the ‘Tem- dent population of the State during the most into the United States. porary Worker Program Account’’. Notwith- recent 3-year period for which data is avail- ‘‘(2) EMPLOYER NOTIFICATION REQUIRE- standing any other section of this Act, there able from the Bureau of the Census; divided MENT.—An employer shall within three days shall be deposited into the account all fines by make notification in the manner prescribed and civil penalties collected under sections ‘‘(II) the average growth rate in noncitizen by the Secretary of Homeland Security, of 218A, 218B, or 218F and Title VI of [name of resident population for the 20 States during the following events: ‘‘(A) a Y nonimmigrant worker has re- Act], except as specifically provided other- such 3-year period. ‘‘(iii) LEGISLATIVE APPROPRIATIONS.—The ported for work pursuant to paragraph (1) wise in such sections. ‘‘(2) USE OF FUNDS.—Amounts deposited use of grant funds allocated to States under after admission in Y nonimmigrant status; ‘‘(B) a Y nonimmigrant worker has into the Temporary Worker Program Ac- this paragraph shall be subject to appropria- changed jobs under subsection (r) and started count shall remain available until expended tion by the legislature of each State in ac- employment with the employer; as follows: cordance with the terms and conditions ‘‘(C) the employment of a Y nonimmigrant ‘‘(A) for the administration of the Stand- under this paragraph. worker has terminated; or ing Commission on Immigration and Labor ‘‘(C) FUNDING FOR LOCAL GOVERNMENT.— ‘‘(D) a Y nonimmigrant worker on whose Markets, established under section 409 of the ‘‘(i) DISTRIBUTION CRITERIA.—Grant funds behalf the employer has filed a petition [Insert title of Act]; and received by States under this paragraph under this subsection that has been approved ‘‘(B) after amounts needed by the Standing shall be distributed to units of local govern- by the Secretary of Homeland Security has Commission on Immigration and Labor Mar- ment based on need and function. failed to report for work within three days of kets have been expended, for the Secretaries ‘‘(ii) MINIMUM DISTRIBUTION.—Except as the employment start date agreed upon be- of Labor and Homeland Security, as follows: provided in clause (iii), State shall distribute tween the employer and the Y non- ‘‘(i) one-third to the Secretary of Labor to not less than 30 percent of the grant funds immigrant. carry out the Secretary of Labor’s functions received under this paragraph to units of ‘‘(3) VERIFICATION.—An employer shall pro- and responsibilities, including enforcement local government not later than 180 days vide upon request of the Secretary of Home- of labor standards under sections 218A, 218B, after receiving such funds. land Security verification that an alien who and 218F, and under applicable labor laws in- ‘‘(iii) EXCEPTION.—If an eligible unit of has been granted admission as a Y non- cluding the Fair Labor Standards Act of 1938 local government that is available to carry immigrant worker was or continues to be (29 U.S.C. 201 et seq.) and the Occupational out the activities described in subparagraph employed by the employer. Safety and Health Act of 1970 (29 U.S.C. 651 (D) cannot be found in a State, the State ‘‘(4) FINE.—Any employer that fails to et seq.). Such activities shall include random does not need to comply with clause (ii). comply with the notification requirements audits of employers that participate in the Y ‘‘(iv) UNEXPENDED FUNDS.—Any grant funds of this subsection shall pay to the Secretary visa program; and distributed by a State to a unit of local gov- of Homeland Security a fine, in an amount ‘‘(ii) two-thirds to the Secretary of Home- ernment that remain unexpended as of the and under procedures established by the Sec- land Security to improve immigration serv- end of the grant period shall revert to the retary in regulation. ices and enforcement. State for redistribution to another unit of ‘‘(r) NO THREATENING OF EMPLOYEES.—It ‘‘(x) STATE IMPACT ASSISTANCE ACCOUNT.— local government. shall be a violation of this section for an em- ‘‘(1) IN GENERAL.—There is established in ‘‘(D) USE OF FUNDS.—States and units of ployer who has filed a petition under this the general fund of the Treasury a separate local government shall use grant funds re- section to threaten the alien beneficiary of account, which shall be known as the ‘‘State ceived under this paragraph to provide such petition with the withdrawal of such Impact Assistant Account’’. health services, educational services, and re- petition in retaliation for the beneficiary’s ‘‘(2) SOURCE OF FUNDS.—Notwithstanding lated services to noncitizens within their ju- exercise of a right protected by section 218B. any other provision under this Act, there risdiction directly, or through contracts ‘‘(s) CHANGE OF STATUS.— shall be deposited as offsetting receipts into with eligible services providers, including— ‘‘(1) IN GENERAL.— the State Impact Assistance Account all ‘‘(i) health care providers; ‘‘(A) A Y nonimmigrant may apply to State Impact Assistance fees collected under ‘‘(ii) local educational agencies; and change status to another nonimmigrant sta- sections 218A(e)(3)(B) and section 601(e)(6)(C) ‘‘(iii) charitable and religious organiza- tus, subject to section 248 and if otherwise of the [Insert title of Act]. tions. eligible. ‘‘(3) USE OF FUNDS.—Amounts deposited ‘‘(E) STATE DEFINED.—In this paragraph, ‘‘(B) No alien admitted to the United into the State Impact Assistance Account the term ‘State’ means each of the several States under the immigration laws in a clas- may only be used to carry out the State Im- States of the United States, the District of sification other than Y nonimmigrant status pact Assistance Grant Program established Columbia, the Commonwealth of Puerto may change status to Y nonimmigrant sta- under paragraph (4). Rico, the Virgin Islands, Guam, American tus. ‘‘(4) STATE IMPACT ASSISTANCE GRANT PRO- Samoa, and the Commonwealth of the North- ‘‘(C) An alien in Y nonimmigrant status GRAM.— ern Mariana Islands. may not change status to any other Y non- ‘‘(A) ESTABLISHMENT.—The Secretary of ‘‘(F) CERTIFICATION.—In order to receive a immigrant status. Health and Human Services, in consultation payment under this section, the State shall

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.135 S24MYPT1 bajohnson on PRODPC74 with SENATE S6654 CONGRESSIONAL RECORD — SENATE May 24, 2007 provide the Secretary of Health and Human of the job, to the designated state agency area of employment, taking into account ex- Services with a certification that the State’s and— perience and skill levels of employees. proposed uses of the fund are consistent with ‘‘(i) authorizing the designated state agen- ‘‘(ii) CALCULATION—The wage levels under (D). cy to post the job opportunity on the Inter- subparagraph (A) shall be calculated based ‘‘(G) ANNUAL REPORT.—The Secretary of net website established under section 414 of on the best information available at the time Health and Human Services shall inform the [Title of bill], with local job banks, and with of the filing of the application. States annually of the amount of funds unemployment agencies and other labor re- ‘‘(iii) PREVAILING COMPETITIVE WAGE available to each State under the Program.’’ ferral and recruitment sources pertinent to LEVEL—For purposes of subclause (i)(II), the (c) CLERICAL AMENDMENT.—The table of the job involved; and prevailing competitive wage level shall be contents Immigration and Nationality Act (8 ‘‘(ii) authorizing the designated state agen- determined as follows: U.S.C. 1101 et seq.) is amended by inserting cy to notify labor organizations in the State ‘‘(I) If the job opportunity is covered by a after the item relating to section 218 the fol- in which the job is located and, if applicable, collective bargaining agreement between a lowing: the office of the local union which represents union and the employer, the prevailing com- ‘‘Sec. 218A. Admission of Y nonimmigrants.’. the employees in the same or substantially petitive wage shall be the wage rate set forth equivalent job classification of the job op- in the collective bargaining agreement. SEC. 403. GENERAL Y NONIMMIGRANT EMPLOYER ‘‘(II) If the job opportunity is not covered OBLIGATIONS. portunity; ‘‘(B) posting the availability of the job op- by such an agreement and it is on a project (a) IN GENERAL.—Title II (8 U.S.C. 1201 et that is covered by a wage determination seq.) is amended by inserting after section portunity for which the employer is seeking under a provision of subchapter IV of chapter 218A of the Immigration and Nationality a worker in conspicuous locations at the 31 of title 40, United States Code, or the Act, as added by section 402, the following: place of employment for all employees to see for a period of time beginning not later than Service Contract Act of 1965 (41 U.S.C. 351 et ‘‘SEC. 218B. GENERAL Y NONIMMIGRANT EM- 90 days before the date on which an applica- seq.), the prevailing competitive wage level PLOYER OBLIGATIONS. tion is filed under subsection (a)(1) and end- shall be the appropriate statutory wage. ‘‘(a) GENERAL REQUIREMENTS.—Each em- ing no earlier than 14 days before such filing ‘‘(III)(aa) If the job opportunity is not cov- ployer who seeks to employ a Y non- date; ered by such an agreement and it is not on a immigrant shall— ‘‘(C) advertising the availability of the job project covered by a wage determination ‘‘(1) file in accordance with subsection (b) opportunity for which the employer is seek- under a provision of subchapter IV of chapter an application for labor certification of the ing a worker in one of the three highest cir- 31 of title 40, United States Code, or the position that the employer seeks to fill with culation publications in the labor market Service Contract Act of 1965 (41 U.S.C. 351 et a Y nonimmigrant that contains— that is likely to be patronized by a potential seq.), the prevailing competitive wage level ‘‘(A) the attestation described in sub- worker for not fewer than 10 consecutive shall be based on published wage data for the section (c); days during the period of time beginning not occupation from the Bureau of Labor Statis- ‘‘(B) a description of the nature and loca- later than 90 days before the date on which tics, including the Occupational Employ- tion of the work to be performed; ment Statistics survey, Current Employ- ‘‘(C) the anticipated period (expected be- an application is filed under subsection (a)(1) ment Statistics data, National Compensa- ginning and ending dates) for which the and ending no earlier than 14 days before tion Survey, and Occupational Employment workers will be needed; and such filing date; and ‘‘(D) advertising the availability of the job Projections program. If the Bureau of Labor ‘‘(D) the number of job opportunities in opportunity in professional, trade, or ethnic Statistics does not have wage data applica- which the employer seeks to employ the publications that are likely to be patronized ble to such occupation, the employer may workers; base the prevailing competitive wage level ‘‘(2) include with the application filed by a potential worker, as recommended by on data from another wage survey approved under paragraph (1) a copy of the job offer the designated state agency. The employer by the state workforce agency under regula- describing the wages and other terms and shall not be required to advertise in more tions promulgated by the Secretary of conditions of employment and the bona fide than three such recommended publications. ‘‘(2) EFFORTS TO EMPLOY UNITED STATES Labor. occupational qualifications that shall be pos- WORKERS.—An employer that seeks to em- ‘‘(bb) Such regulations shall require, sessed by a worker to be employed in the job ploy a Y nonimmigrant shall first offer the among other things, that such surveys are opportunity in question; and job with, at a minimum, the same wages, statistically valid and recently conducted. ‘‘(3) be required to pay, with respect to an benefits, and working conditions, to any eli- ‘‘(D) LABOR DISPUTE—There is not a strike, application to employ a Y–1 worker— lockout, or work stoppage in the course of a ‘‘(A) an application processing fee for each gible United States worker who applies, is labor dispute in the occupation at the place alien, in an amount sufficient to recover the qualified for the job and is available at the of employment at which the Y non- full cost to the Secretary of Labor of admin- time of need. ‘‘(3) DEFINITION.—For purposes of this sub- immigrant will be employed. If such strike, istrative and other expenses associated with section, ‘designated state agency’ shall mean lockout, or work stoppage occurs following adjudicating the application; and the state agency designated to perform the submission of the application, the employer ‘‘(B) a secondary fee, to be deposited in the functions in this subsection in the area of will provide notification in accordance with Treasury in accordance with section 286(x), employment in the State in which the em- regulations promulgated by the Secretary of of— ployer is located. Labor. ‘‘(i) $500, in the case of an employer em- ‘‘(c) APPLICATION.—An application under ‘‘(E) PROVISION OF INSURANCE—If the posi- ploying 25 employees or less; this section for labor certification of a posi- tion for which the Y nonimmigrant is sought ‘‘(ii) $750, in the case of an employer em- tion that an employer seeks to fill with a Y is not covered by the State workers’ com- ploying between 26 and 150 employees; nonimmigrant shall be filed with the Sec- pensation law, the employer will provide, at ‘‘(iii) $1000, in the case of an employer em- retary of Labor and shall include an attesta- no cost to the Y nonimmigrant, insurance ploying between 151 and 500 employees; or tion by the employer of the following: covering injury and disease arising out of, ‘‘(iv) $1,250, in the case of an employer em- ‘‘(1) with respect to an application for and in the course of, the worker’s employ- ploying more than 500 employees; labor certification of a position that an em- ment, which will provide benefits at least provided that an employer who provides a Y ployer seeks to fill with a Y–1 or Y–2B non- equal to those provided under the State nonimmigrant health insurance coverage immigrant— workers’ compensation law for comparable shall not be required to pay the impact fee. ‘‘(A) PROTECTION OF UNITED STATES WORK- employment. ‘‘(b) REQUIRED PROCEDURE.—Except where ERS.—The employment of a Y non- ‘‘(F) NOTICE TO EMPLOYEES— the Secretary of Labor has determined that immigrant— ‘‘(i) IN GENERAL—The employer has pro- there is a shortage of United States workers ‘‘(i) will not adversely affect the wages and vided notice of the filing of the application in the occupation and area of intended em- working conditions of workers in the United to the bargaining representative of the em- ployment to which the Y nonimmigrant is States similarly employed; and ployer’s employees in the occupational clas- sought, each employer of Y nonimmigrants ‘‘(ii) did not and will not cause the separa- sification and area of employment for which shall comply with the following require- tion from employment of a United States the Y nonimmigrant is sought. ments: worker employed by the employer within the ‘‘(ii) NO BARGAINING REPRESENTATIVE—If ‘‘(1) EFFORTS TO RECRUIT UNITED STATES 180-day period beginning 90 days before the there is no such bargaining representative, WORKERS.—The employer involved shall re- date on which the petition is filed. the employer has— cruit United States workers for the position ‘‘(B) WAGES.— ‘‘(I) posted a notice of the filing of the ap- for which labor certification is sought under ‘‘(i) IN GENERAL.—The Y nonimmigrant plication in a conspicuous location at the this section, by— worker will be paid not less than the greater place or places of employment for which the ‘‘(A) Not later than 90 days before the date of— Y nonimmigrant is sought; or on which an application is filed under sub- ‘‘(I) the actual wage level paid by the em- ‘‘(II) electronically disseminated such a section (a)(1) submitting a copy of the job ployer to all other individuals with similar notice to the employer’s employees in the opportunity, including a description of the experience and qualifications for the specific occupational classification for which the Y wages and other terms and conditions of em- employment in question; or nonimmigrant is sought. ployment and the minimum education, ‘‘(II) the prevailing competitive wage level ‘‘(G) RECRUITMENT—Except where the Sec- training, experience and other requirements for the occupational classification in the retary of Labor has determined that there is

VerDate Aug 31 2005 09:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.136 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6655 a shortage of United States workers in the ‘‘(A) has, with respect to the application ly respond to all waiver requests, and shall occupation and area of intended employment required under subsection (a), including at- maintain on the Department of Labor’s for which the Y nonimmigrant is sought— testations required under subsection (b)— website an annual list of counties to which ‘‘(i) there are not sufficient workers who ‘‘(i) misrepresented a material fact; this subsection applies. are able, willing, and qualified, and who will ‘‘(ii) made a fraudulent statement; or ‘‘(4) INELIGIBILITY FOR PETITIONS.—The Sec- be available at the time and place needed, to ‘‘(iii) failed to comply with the terms of retary of Labor shall inform the Secretary of perform the labor or services described in the such attestations; or Homeland Security of a determination under application; and ‘‘(B) failed to cooperate in the audit proc- paragraph (1) with respect to a specific em- ‘‘(ii) good faith efforts have been taken to ess in accordance with regulations promul- ployer. The Secretary of Homeland Security recruit United States workers, in accordance gated by the Secretary of Labor; shall not, for the period described in para- with regulations promulgated by the Sec- ‘‘(C) has been convicted of any of the of- graph (2), approve the petitions or applica- retary of Labor, which efforts included— fenses codified in Chapter 77 of Title 18 of the tions of any such employer for any immi- ‘‘(I) the completion of recruitment during United States Code (slave labor) or any con- grant or nonimmigrant program, regardless the period beginning on the date that is 90 spiracy to commit such offenses, or any of whether such application or petition re- days before the date on which the applica- human trafficking offense under state or ter- quires a labor certification. tion was filed with the Department of Labor ritorial law; ‘‘(f) PROHIBITION OF INDEPENDENT CONTRAC- and ending on the date that is 14 days before ‘‘(D) has, within three years prior to the TORS.— such filing date; and date of application: ‘‘(1) COVERAGE.—Notwithstanding any ‘‘(II) the wages that the employer would be ‘‘(i) committed any hazardous occupation other provision of law— ‘‘(A) a Y nonimmigrant is prohibited from required by law to provide for the Y non- orders violation resulting in injury or death being treated as an independent contractor immigrant were used in conducting recruit- under the child labor provisions contained in section 12 of the Fair Labor Standards Act under any federal or state law; ment. ‘‘(B) no person, including an employer or ‘‘(H) INELIGIBILITY—The employer is not and any regulation thereunder; labor contractor and any persons who are af- currently ineligible from using the Y non- ‘‘(ii) been assessed a civil money penalty filiated with or contract with an employer or immigrant program described in this sec- for any repeated or willful violation of the minimum wage provisions of section 6 of the labor contractor, may treat a Y non- tion. immigrant as an independent contractor; ‘‘(I) BONAFIDE OFFER OF EMPLOYMENT—The Fair Labor Standards Act; or ‘‘(iii) been assessed a civil money penalty and job for which the Y nonimmigrant is sought ‘‘(C) this provision shall not be construed is a bona fide job— for any repeated or willful violation of the overtime provisions of section 7 of the Fair to prevent employers who operate as inde- ‘‘(i) for which the employer needs labor or pendent contractors from employing Y non- services; Labor Standards Act or any regulations thereunder, other than a repeated violation immigrants as employees. ‘‘(ii) which has been and is clearly open to ‘‘(2) APPLICABILITY OF LAWS.—A Y non- that is self-reported; or any United States worker; and immigrant shall not be denied any right or ‘‘(E) has, within three years prior to the ‘‘(iii) for which the employer will be able any remedy under Federal, State, or local date of application, received a citation for: to place the Y nonimmigrant on the payroll. labor or employment law that would be ap- ‘‘(i) a willful violation; or ‘‘(J) PUBLIC AVAILABILITY AND RECORDS RE- plicable to a United States worker employed TENTION—A copy of each application filed ‘‘(ii) repeated serious violations involving injury or death of section 5 of the Occupa- in a similar position with the employer be- under this section and documentation sup- cause of the alien’s status as a non- porting each attestation, in accordance with tional Safety and Health Act, or any stand- ard, rule, or order promulgated pursuant to immigrant worker. regulations promulgated by the Secretary of ‘‘(3) TAX RESPONSIBILITIES.—With respect section 6 of the Occupational Safety and Labor, will— to each employed Y nonimmigrant, an em- Health Act, or any regulations prescribed ‘‘(i) be provided to every Y nonimmigrant ployer shall comply with all applicable Fed- pursuant to that. This subsection shall also employed under the petition; eral, State, and local tax and revenue laws. apply to equivalent violations of a plan ap- ‘‘(ii) be made available for public examina- ‘‘(g) WHISTLEBLOWER PROTECTION.— tion at the employer’s place of business or proved under section 18 of the Occupational ‘‘(1) PROHIBITED ACTIVITIES.—It shall be un- work site; Safety and Health Act. lawful for an employer or labor contractor of ‘‘(iii) be made available to the Secretary of ‘‘(2) LENGTH OF INELIGIBILITY.—An em- a Y nonimmigrant to intimidate, threaten, Labor during any audit; and ployer described in paragraph (1) shall be in- restrain, coerce, retaliate, discharge, or in ‘‘(iv) remain available for examination for eligible to participate in the labor certifi- any other manner, discriminate against an 5 years after the date on which the applica- cation programs of the Secretary of Labor employee or former employee because the tion is filed. for not less than the time period determined employee or former employee— ‘‘(K) NOTIFICATION UPON SEPARATION FROM by the Secretary, not to exceed 3 years. How- ‘‘(A) discloses information to the employer OR TRANSFER OF EMPLOYMENT—The employer ever, an employer who has been convicted of or any other person that the employee or will notify the Secretary of Labor and the any of the offenses codified in Chapter 77 of former employee reasonably believes dem- Secretary of Homeland Security of a Y non- Title 18 of the United States Code (slave onstrates a violation of this Act or [title of immigrant’s separation from employment or labor) or any conspiracy to commit such of- bill]; or transfer to another employer not more than fenses, or any human trafficking offense ‘‘(B) cooperates or seeks to cooperate in an 3 business days after the date of such separa- under state or territorial law shall be perma- investigation or other proceeding concerning tion or transfer, in accordance with section nently ineligible to participate in the labor compliance with the requirements of this 218A(q)(2). certification programs. Act or [title of bill]. ‘‘(L) ACTUAL NEED FOR LABOR OR SERVICES— ‘‘(3) EMPLOYERS IN HIGH UNEMPLOYMENT ‘‘(2) RULEMAKING.—The Secretary of labor The application was filed not more than 60 AREAS.—The Secretary of Labor may not ap- shall promulgate regulations that establish a days before the date on which the employer prove any employer’s application under sub- process by which a nonimmigrant alien de- needed labor or services for which the Y non- section (b) if the work to be performed by scribed in section 101(a)(15)(Y) or immigrant is sought. the Y nonimmigrant is not agriculture based 101(a)(15)(H) who files a nonfrivolous com- ‘‘(d) AUDIT OF ATTESTATIONS— and is located in a county where the unem- plaint (as defined by the Federal Rules of ‘‘(1) REFERRALS BY SECRETARY OF HOME- ployment rate during the most recently com- Civil Procedure) regarding a violation of this LAND SECURITY—The Secretary of Homeland pleted year is more than 7 percent. An em- Act, [title of bill] or any other Federal labor Security shall refer all petitions approved ployer in a high unemployment area may pe- or employment law, or any other rule or reg- under section 218A to the Secretary of Labor tition the Secretary for a waiver of this pro- ulation pertaining to such laws and is other- for potential audit. vision. The Secretary shall promulgate regu- wise eligible to remain and work in the ‘‘(2) AUDITS AUTHORIZED.—The Secretary of lations for the expeditious review of such United States prior to the expiration of the Labor may audit any approved petition re- waivers, which shall specify that the em- maximum period of stay authorized for that ferred pursuant to paragraph (1), in accord- ployer must satisfy the requirements of sec- nonimmigrant classification for a period of ance with regulations promulgated by the tion (b) above and in addition must provide 120 consecutive days or such additional time Secretary of Labor. documentation of its recruitment efforts, in- period as the Secretary shall determine ‘‘(e) INELIGIBLE EMPLOYERS.— cluding proof that it has advertised the posi- through rulemaking is necessary to collect ‘‘(1) IN GENERAL.—In addition to any other tion in one of the three publications that information or take evidence from the non- applicable penalties under law, the Secretary have the highest circulation in the labor immigrant alien regarding a complaint or of Labor and the Secretary of Homeland Se- market that is likely to be patronized by a agency investigation. This period shall be al- curity shall not, for the period described in potential worker for not fewer than 20 con- lowed to exceed the maximum period of stay paragraph (2), approve an employer’s peti- secutive days under the rules and conditions authorized for that nonimmigrant classifica- tion or application for a labor certification set forth in section (b). An employer who has tion if the Secretary of labor has designated under any immigrant or nonimmigrant pro- provided proof of advertising in accordance the nonimmigrant alien as a necessary wit- gram if the Secretary of Labor determines, with this section shall be deemed to be in ness. after notice and an opportunity for a hear- compliance with the requirements of sub- ‘‘(h) LABOR RECRUITERS.—With respect to ing, that the employer submitting such doc- section (b)(1)(D) of this section. The Sec- the employment of Y nonimmigrant work- uments.— retary shall provide for a process to prompt- ers—

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‘‘(1) IN GENERAL.—Each employer that en- the employer in any foreign labor contractor recruited by the foreign labor contractor. gages in foreign labor contracting activity activity for, or on behalf of, the employer. The Secretary may consider the extent to and each foreign labor contractor shall as- ‘‘(B) REGISTRATION OF FOREIGN LABOR CON- which the foreign labor contractor has suffi- certain and disclose, to each such worker TRACTORS— cient ties to the United States to adequately who is recruited for employment at the time ‘‘(i) IN GENERAL.—No person shall engage in enforce this subsection. of the worker’s recruitment— foreign labor recruiting activity unless such ‘‘(i) WAIVER OF RIGHTS PROHIBITED.—Any ‘‘(A) the place of employment; person has a certificate of registration from nonimmigrant may not be required to waive ‘‘(B) the compensation for the employ- the Secretary of Labor specifying the activi- any rights or protections under this Act. ment; ties that such person is authorized to per- Nothing under this subsection shall be con- ‘‘(C) a description of employment activi- form. An employer who retains the services strued to affect the interpretation of other ties; of a foreign labor contractor shall only use laws. ‘‘(D) the period of employment; those foreign labor contractors who are reg- ‘‘(j) ENFORCEMENT.—With respect to viola- ‘‘(E) any other employee benefit to be pro- istered under this subparagraph. tions of the provisions of this section relat- vided and any costs to be charged for each ‘‘(ii) ISSUANCE.—The Secretary shall pro- ing to the employment of Y nonimmigrant benefit; mulgate regulations to establish an efficient workers— ‘‘(1) IN GENERAL.—The Secretary of Labor ‘‘(F) any travel or transportation expenses electronic process for the investigation and shall promulgate regulations for the receipt, to be assessed; approval of an application for certificate of investigation, and disposition of complaints ‘‘(G) the existence of any labor organizing registration of foreign labor contractors not by an aggrieved person respecting a violation effort, strike, lockout, or other labor dispute later than 14 days after such application is of this section. at the place of employment; filed, including— ‘‘(2) FILING DEADLINE.—No investigation or ‘‘(H) the existence of any arrangement ‘‘(I) requirements under paragraphs (1), (4), hearing shall be conducted on a complaint with any owner, employer, foreign con- and (5) of section 102 of the Migrant and Sea- concerning a violation under this section un- tractor, or its agent where such person re- sonal Agricultural Worker Protection Act (29 less the complaint was filed not later than 12 ceives a commission from the provision of U.S.C. 1812); months after the date of such violation. items or services to workers; ‘‘(II) an expeditious means to update reg- ‘‘(3) REASONABLE BASIS.—The Secretary of ‘‘(I) the extent to which workers will be istrations and renew certificates; and Labor shall conduct an investigation under compensated through workers’ compensa- ‘‘(III) any other requirements that the Sec- this subsection if there is reasonable basis to tion, private insurance, or otherwise for in- retary may prescribe. believe that a violation of this section has juries or death, including— ‘‘(iii) TERM—Unless suspended or revoked a occurred. The process established under this ‘‘(i) work related injuries and death during certificate under this subparagraph shall be subsection shall provide that, not later than the period of employment; valid for 2 years. 30 days after a complaint is filed, the Sec- ‘‘(ii) the name of the State workers’ com- ‘‘(iv) REFUSAL TO ISSUE; REVOCATION; SUS- retary shall determine if there is reasonable pensation insurance carrier or the name of PENSION.—In accordance with regulations cause to find such a violation. the policyholder of the private insurance; promulgated by the Secretary of Labor, the ‘‘(4) NOTICE AND HEARING.— ‘‘(iii) the name and the telephone number Secretary may refuse to issue or renew, or ‘‘(A) IN GENERAL.—Not later than 60 days of each person who must be notified of an in- may suspend or revoke, a certificate of reg- after the Secretary of Labor makes a deter- jury or death; and istration under this subparagraph if— mination of reasonable basis under para- ‘‘(iv) the time period within which such no- ‘‘(I) the application or holder of the certifi- graph (3), the Secretary shall issue a notice tice must be given; cation has knowingly made a material mis- to the interested parties and offer an oppor- ‘‘(J) any education or training to be pro- representation in the application for such tunity for a hearing on the complaint, in ac- vided or required, including— certificate; cordance with section 556 of title 5, United ‘‘(i) the nature and cost of such training; ‘‘(II) the applicant for, or holder of, the States Code. ‘‘(ii) the entity that will pay such costs; certification is not the real party in interest ‘‘(B) COMPLAINT—If the Secretary of Labor, and in the application or certificate of registra- after receiving complaint under this sub- ‘‘(iii) whether the training is a condition of tion and the real party in interest— section, does not offer the aggrieved person employment, continued employment, or fu- ‘‘(aa) is a person who has been refused or organization an opportunity for a hearing ture employment; and issuance or renewal of a certificate; under subparagraph (A), the Secretary shall ‘‘(K) a statement, in a form specified by ‘‘(bb) has had a certificate suspended or re- notify the aggrieved person or organization the Secretary of Labor, describing the pro- voked; or of such determination and the aggrieved per- tections of this Act and of the Trafficking ‘‘(cc) does not qualify for a certificate son or organization may seek a hearing on Victims Protection Act of 2000, P.L. 106–486, under this paragraph; or the complaint under procedures established for workers recruited abroad. ‘‘(III) the applicant for or holder of the cer- by the Secretary which comply with the re- ‘‘(2) FALSE OR MISLEADING INFORMATION.— tification has failed to comply with this Act. quirements of section 556. No foreign labor contractor or employer who ‘‘(C) REMEDY FOR VIOLATIONS.—An em- ‘‘(C) HEARING DEADLINE.—Not later than 60 engages in foreign labor contracting activity ployer engaging in foreign labor contracting days after the date of a hearing under this shall knowingly provide materially false or activity and a foreign labor contractor that paragraph, the Secretary of Labor shall misleading information to any worker con- violates the provisions of this subsection make a finding on the matter in accordance cerning any matter required to be disclosed shall be subject to remedies for foreign labor with paragraph (5). in paragraph (1). contractor violations under subsections (j) ‘‘(5) ATTORNEY’S FEES.—Complainant who ‘‘(3) LANGUAGES.—The information re- and (k). If a foreign labor contractor who is prevails in an action under this section with quired to be disclosed under paragraph (1) an agent of an employer violates any provi- respect to a claim related to wages or com- shall be provided in writing in English or, as sion of this subsection when acting within pensation for employment, or a claim for a necessary and reasonable, in the language of the scope of its agency, the employer shall violation of subsection (j), shall be entitled the worker being recruited. The Secretary of be subject to remedies under subsections (j) to an award of reasonable attorney’s fees and Labor shall make forms available in English, and (k). An employer shall not be subject to costs. Spanish, and other languages, as necessary remedies for violations committed by a for- ‘‘(6) POWER OF THE SECRETARY.—The Sec- and reasonable, which may be used in pro- eign labor contractor when such contractor retary may bring an action in any court of viding workers with information required is acting in direct contravention of an ex- competent jurisdiction— ‘‘(A) to seek remedial action, including in- under this section. press, written contractual provision con- junctive relief; ‘‘(4) FEES.—A person conducting a foreign tained in the agreement between the em- ‘‘(B) to recover the damages described in labor contracting activity shall not assess ployer and the foreign labor contractor. An subsection (k); or any fee to a worker for such foreign labor employer that violates a provision of this ‘‘(C) to ensure compliance with terms and contracting activity. subsection relating to employer obligations conditions described in subsection (g).— ‘‘(5) TERMS.—No employer or foreign labor shall be subject to remedies under sub- ‘‘(7) SOLICITOR OF LABOR.—Except as pro- contractor shall, without justification, vio- sections (j) and (k). vided in section 518(a) of title 28, United late the terms of any agreement related to ‘‘(D) EMPLOYER NOTIFICATION.—An em- States Code, the Solicitor of Labor may ap- the requirements of this section made by ployer shall notify the Secretary of Labor if pear for and represent the Secretary of that contractor or employer regarding em- the employer becomes aware of a violation of Labor in any civil litigation brought under ployment under this program. this subsection by a foreign labor recruiter. this subsection. All such litigation shall be ‘‘(6) TRAVEL COSTS.—If the foreign labor ‘‘(E) WRITTEN AGREEMENTS.—A foreign subject to the direction and control of the contractor or employer charges the em- labor contractor may not violate the terms Attorney General. ployee for transportation, such transpor- of any written agreements made with an em- ‘‘(8) PROCEDURES IN ADDITION TO OTHER tation costs shall be reasonable. ployer relating to any contracting activity RIGHTS OF EMPLOYEES.—The rights and rem- ‘‘(7) OTHER WORKER PROTECTIONS.— or worker protection under this subsection. edies provided to workers under this section ‘‘(A) NOTIFICATION.—Not less frequently ‘‘(F) BONDING REQUIREMENT.—The Sec- are in addition to any other contractual or than once every year, each employer shall retary of Labor may require foreign labor statutory rights and remedies of the work- notify the Secretary of Labor of the identity contractor to post a bond in an amount suffi- ers, and are not intended to alter or affect of any foreign labor contractor engaged by cient to ensure the protection of individuals such rights and remedies.

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‘‘(k) PENALTIES.—With respect to viola- tistical Area, any place within such area is water for irrigation purposes and reduces or tions of the provisions of this section relat- deemed to be within the area of employment. limits the employer’s ability to produce an ing to the employment of Y–1 or Y–2B non- ‘‘(3) CONVENTION AGAINST TORTURE.—The agricultural commodity, thereby reducing immigrants— term ‘Convention Against Torture’ shall the need for labor. ‘‘(1) IN GENERAL.—If, after notice and an refer to the United Nations Convention ‘‘(16) SEASONAL.—Labor is performed on a opportunity for a hearing, the Secretary of Against Torture and Other Cruel, Inhuman ‘seasonal’ basis if— Labor finds a violation of this section, the or Degrading Treatment or Punishment, sub- ‘‘(A) ordinarily, it pertains to or is of the Secretary may impose administrative rem- ject to any reservations, understandings, kind exclusively performed at certain sea- edies and penalties, including— declarations, and provisos contained in the sons or periods of the year; and ‘‘(A) back wages; resolution of ratifica- ‘‘(B) from its nature, it may not be contin- ‘‘(B) benefits; and tion of the Convention, as implemented by uous or carried on throughout the year. ‘‘(C) civil monetary penalties. section 2242 of the Foreign Affairs Reform ‘‘(17) SECRETARY.—Except as otherwise pro- ‘‘(2) CIVIL PENALTIES.—The Secretary of and Restructuring Act of 1998 (Pub. L. 105– vided, the term ‘Secretary’ means the Sec- Labor may impose, as. civil penalty— 277, 112 Stat. 2681, 2681–821). retary of Homeland Security. ‘‘(A) for a violation of subsections (b) ‘‘(4) DERIVATIVE Y NONIMMIGRANT.—The ‘‘(18) SEPARATION FROM EMPLOYMENT.—The through (g)— term ‘derivative’ Y nonimmigrant means an term ‘separation from employment’ means ‘‘(i) a fine in an amount not more than alien described at paragraph (Y)(iii) of sub- the worker’s loss of employment, other than $2,000 per violation per affected worker and section 101(a)(15). through a discharge for inadequate perform- $4,000 per violation per affected worker for ‘‘(5) ELIGIBLE; ELIGIBLE INDIVIDUAL.—The ance, violation of workplace rules, cause, each subsequent violation; term ‘eligible,’ when used with respect to an voluntary departure, voluntary retirement, ‘‘(ii) if the violation was willful, a fine in individual, or ‘eligible individual’, means, or the expiration of a grant or contract. The an amount not more than $5,000 per violation with respect to employment, an individual term does not include any situation in which per affected worker; who is not an unauthorized alien (as defined the worker is offered, as an alternative to ‘‘(iii) if the violation was willful and if in in section 274A) with respect to that employ- such loss of employment, a similar employ- the course of such violation a United States ment. ment opportunity with the same employer at worker was harmed, a fine in an amount not ‘‘(6) EMPLOY; EMPLOYEE; EMPLOYER.—The equivalent or higher compensation and bene- more than $25,000 per violation per affected terms ‘employ’, ‘employee’, and ‘employer’ fits than the position from which the em- worker; and have the meanings given such terms in sec- ployee was discharged, regardless of whether ‘‘(B) for a violation of subsection (h)— tion 3 of the Fair Labor Standards Act of the employee accepts the offer. Nothing in ‘‘(i) a fine in an amount not less than $500 1938 (29 U.S.C. 203). this paragraph shall limit an employee’s and not more than $4,000 per violation per af- ‘‘(7) FELONY.—The term ‘felony’, with re- rights under a collective bargaining agree- fected worker; gard to a conviction in a foreign jurisdiction, ment or other employment contract. ‘‘(ii) if the violation was willful, a fine in means a crime for which sentence of one ‘‘(19) UNITED STATES WORKER.—The term an amount not less than $2,000 and not more year or longer in prison may be imposed. ‘United States worker’ means an employee than $5,000 per violation per affected worker; ‘‘(8) FORCE MAJEURE EVENT.—The term who is— and ‘force majeure event’ shall mean an event ‘‘(A) a citizen or national of the United ‘‘(iii) if the violation was willful and if in that is beyond the control of either party, States; or the course of such violation a United States including, without limitation, hurricanes, ‘‘(B) an alien who is— worker was harmed, a fine in an amount not earthquakes, act of terrorism, war, fire, civil ‘‘(i) lawfully admitted for permanent resi- less than $6,000 and not more than $35,000 per disorder or other events of a similar or dif- dence; violation per affected worker. ferent kind. ‘‘(ii) admitted as a refugee under section ‘‘(C) for knowingly or recklessly failing to ‘‘(9) FOREIGN LABOR CONTRACTOR.—The 207; comply with the terms of representations term ‘foreign labor contractor’ means any ‘‘(iii) granted asylum under section 208; or made in petitions, applications, certifi- person who for any compensation or other ‘‘(iv) otherwise authorized, under this Act cations, or attestations under any immi- valuable consideration paid or promised to or by the Secretary of Homeland Security, to grant or nonimmigrant program, or with be paid, performs any foreign labor con- be employed in the United States.’’. representations made in materials required tracting activity. ‘‘(20) Y NONIMMIGRANT; Y NONIMMIGRANT by section (h) (concerning labor recruiters)— ‘‘(10) FOREIGN LABOR CONTRACTING ACTIV- WORKER ‘‘(A) The term ‘Y nonimmigrant’ means an ‘‘(1) a fine in an amount not more than ITY.—The term ‘foreign labor contracting ac- $4,000 per affected worker; and tivity’ means recruiting, soliciting, hiring, alien admitted to the United States under ‘‘(2) upon the occasion of a third offense of employing, or furnishing, an individual who paragraph (Y)(i) or (Y)(ii) of subsection failure to comply with representations, a resides outside of the United States for em- 101(a)(15), or the spouse or child of such non- fine in an amount not to exceed $5,000 per af- ployment in the United States as a non- immigrant in derivative status under fected worker and designation as an ineli- immigrant alien described in section 10 (Y)(iii); ‘‘(B) The term ‘Y nonimmigrant worker’ gible employer, recruiter, or broker for pur- 1(a)(15)(H)(ii)(c). means an alien admitted to the United poses of any immigrant or nonimmigrant ‘‘(11) FULL TIME.—The term ‘full time,’ program. with respect to a job in agricultural labor or States under paragraph (Y)(i) or (Y)(ii) of ‘‘(3) USE OF CIVIL PENALTIES.—All penalties services, means any job in which the indi- subsection 101(a)(15); and ‘‘(21) Y–1 NONIMMIGRANT; Y–1 WORKER.—The collected under this subsection shall be de- vidual is employed 5.75 or more hours per term ‘Y–1 nonimmigrant’ or ‘Y–1 worker’ posited in the Treasury in accordance with day; and for any job, means in any period of means an alien admitted to the United section 286(w). authorized admission or portion of such pe- States under paragraph (i) of subsection ‘‘(4) CRIMINAL PENALTIES.—If a willful and riod, employment or study for at least 90% of 101(a)(15)(Y). knowing violation of subsection (g) causes the total number of work-hours in such pe- ‘‘(23) Y–2B NONIMMIGRANT; Y–2B WORKER.— extreme physical or financial harm to an in- riod, calculated at a rate of 1,575 work-hours The term ‘Y–2B nonimmigrant’ or ‘Y–2B dividual, the person in violation of such sub- per year (1,438 work-hours per year for agri- worker’ means an alien admitted to the section may be imprisoned for not more than cultural employment). Each credit-hour of United States under paragraph (ii) of sub- 6 months, fined in an amount not more than study shall be counted as the equivalent of 50 section 101(a)(15)(Y). $35,000, or both. work-hours. ‘‘(24) Y–3 NONIMMIGRANT.—The term ‘Y–3 ‘‘(I) Definitions—Unless otherwise pro- ‘‘(12) JOB OPPORTUNITY.—The term ‘job op- nonimmigrant’ means an alien admitted to vided, in this section and section 218A: portunity’ means a job opening for tem- the United States under paragraph (iii) of ‘‘(1) AGGRIEVED PERSON.—term ‘aggrieved porary or seasonal full-time employment at subsection 101(a)(15)(Y).’ person’ means a person adversely affected by a place in the United States to which United (b) CLERICAL AMENDMENT.—The table of an alleged violation of this section, includ- States workers can be referred. contents is amended by inserting after the ing— ‘‘(B) STATUTORY CONSTRUCTION.—Nothing item relating to section 218A, as added by ‘‘(A) a worker whose job, wages, or work- in this paragraph is intended to limit an em- section 402, the following: ing conditions are adversely affected by the ployee’s rights under a collective bargaining ‘‘Sec. 218B. Employer obligations.’’. violation; and agreement or other employment contract. ‘‘(B) representative authorized by a worker ‘‘(14) MISDEMEANOR.—The term ‘mis- Subtitle B—Seasonal Agricultural whose jobs, wages, or working conditions are demeanor’, with regard to a conviction in a Nonimmigrant Temporary Workers adversely affected by the violation who foreign jurisdiction, means a crime for which SEC. 404. AMENDMENT TO THE IMMIGRATION brings a complaint on behalf of such worker. a sentence of no more than 364 days in prison AND NATIONALITY ACT. ‘‘(2) AREA OF EMPLOYMENT.—The terms may be imposed. (a) IN GENERAL.—Title II of the Immigra- ‘area of employment’ and ‘area of intended ‘‘(15) REGULATORY DROUGHT.—The term tion and Nationality Act (8 U.S.C. 1151 et employment’ mean the area within normal ‘regulatory drought’ means a decision subse- seq.) is amended inserting the following after commuting distance of the worksite or phys- quent to the filing of the application under section 218B: ical location at which the work of the Y section 218B by an entity not under the con- ‘‘SEC. 218C. H–2A EMPLOYER APPLICATIONS. worker is or will be performed. If such work- trol of the employer making such filing ‘‘(a) APPLICATIONS TO THE SECRETARY OF site or location is within a Metropolitan Sta- which restricts the employer’s access to LABOR.—

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‘‘(1) IN GENERAL.—No alien may be admit- which the employer has applied for an H–2A authorize the posting of the job opportunity ted to the United States as an H–2A worker, worker under subsection (a) and to all other on its electronic job registry, except that or otherwise provided status as an H–2A workers in the same occupation at the place nothing in this subclause shall require the worker, unless the employer has filed with of employment. employer to file an interstate job order the Secretary of Labor an application con- ‘‘(D) NONDISPLACEMENT OF UNITED STATES under section 653 of title 20, Code of Federal taining— WORKERS.—The employer did not displace Regulations. ‘‘(A) the assurances described in subsection and will not displace a United States worker ‘‘(III) ADVERTISING OF JOB OPPORTUNITIES.— (b); employed by the employer during the period Not later than 14 days before the date on ‘‘(B) description of the nature and location of employment and for a period of 30 days which the employer desires to employ an H– of the work to be performed; preceding the period of employment in the 2A worker in a temporary or seasonal agri- ‘‘(C) the anticipated period (expected be- occupation at the place of employment for cultural job opportunity, the employer shall ginning and ending dates) for which the which the employer has applied for an H–2A advertise the availability of the job opportu- workers will be needed; and worker. nities for which the employer is seeking ‘‘(D) the number of job opportunities in ‘‘(E) REQUIREMENTS FOR PLACEMENT OF THE workers in a publication in the local labor which the employer seeks to employ the NONIMMIGRANT WITH OTHER EMPLOYERS.—The market that is likely to be patronized by po- workers. employer will not place the nonimmigrant tential farm workers. ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap- with another employer unless— ‘‘(IV) EMERGENCY PROCEDURES.—The Sec- plication filed under paragraph (1) shall be ‘‘(i) the nonimmigrant performs duties in retary of Labor shall, by regulation, provide accompanied by a copy of the job offer de- whole or in part at 1 or more worksites a procedure for acceptance and approval of scribing the wages and other terms and con- owned, operated, or controlled by such other applications in which the employer has not ditions of employment and the bona fide oc- employer; complied with the provisions of this subpara- cupational qualifications that shall be pos- ‘‘(ii) there are indicia of an employment graph because the employer’s need for H–2A workers could not reasonably have been fore- sessed by a worker to be employed in the job relationship between the nonimmigrant and seen. opportunity in question. such other employer; and ‘‘(ii) JOB OFFERS.—The employer has of- ‘‘(b) ASSURANCES FOR INCLUSION IN APPLI- ‘‘(iii) the employer has inquired of the fered or will offer the job to any eligible other employer as to whether, and has no ac- CATIONS.—The assurances referred to in sub- United States worker who applies and is tual knowledge or notice that, during the pe- section (a)(1) are the following: equally or better qualified for the job for riod of employment and for a period of 30 ‘‘(1) JOB OPPORTUNITIES COVERED BY COLLEC- which the nonimmigrant is, or non- TIVE BARGAINING AGREEMENTS.—With respect days preceding the period of employment, immigrants are, sought and who will be to job opportunity that is covered under a the other employer has displaced or intends available at the time and place of need. collective bargaining agreement: to displace a United States worker employed ‘‘(iii) PERIOD OF EMPLOYMENT.—The em- ‘‘(A) UNION CONTRACT DESCRIBED.—The job by the other employer in the occupation at ployer will provide employment to any opportunity is covered by a union contract the place of employment for which the em- qualified United States worker who applies which was negotiated at arm’s length be- ployer seeks approval to employ H–2A work- to the employer during the period beginning tween a bona fide union and the employer. ers. on the date on which the H–2A worker de- ‘‘(B) STRIKE OR LOCKOUT.—The specific job ‘‘(F) STATEMENT OF LIABILITY.—The appli- parts for the employer’s place of employ- opportunity for which the employer is re- cation form shall include a clear statement ment and ending on the date on which 50 per- questing an H–2A worker is not vacant be- explaining the liability under subparagraph cent of the period of employment for which cause the former occupant is on strike or (E) of an employer if the other employer de- the H–2A worker who is in the job was hired being locked out in the course of a labor dis- scribed in such subparagraph displaces a has elapsed, subject to the following require- pute. United States worker as described in such ments: ‘‘(C) NOTIFICATION OF BARGAINING REP- subparagraph. ‘‘(I) PROHIBITION.—No person or entity RESENTATIVES.—The employer, at the time of ‘‘(G) PROVISION OF INSURANCE.—If the job shall willfully and knowingly withhold filing the application, has provided notice of opportunity is not covered by the State United States workers before the arrival of the filing under this paragraph to the bar- workers’ compensation law, the employer H–2A workers in order to force the hiring of gaining representative of the employer’s em- will provide, at no cost to the worker, insur- United States workers under this clause. ployees in the occupational classification at ance covering injury and disease arising out ‘‘(II) COMPLAINTS.—Upon receipt of a com- the place or places of employment for which of and in the course of the worker’s employ- plaint by an employer that a violation of aliens are sought. ment which will provide benefits at least subclause (I) has occurred, the Secretary of ‘‘(D) TEMPORARY OR SEASONAL JOB OPPOR- equal to those provided under the State’s Labor shall immediately investigate. The TUNITIES.—The job opportunity is temporary workers’ compensation law for comparable Secretary of Labor shall, within 36 hours of or seasonal. employment. the receipt of the complaint, issue findings ‘‘(E) OFFERS TO UNITED STATES WORKERS.— ‘‘(H) EMPLOYMENT OF UNITED STATES WORK- concerning the alleged violation. If the Sec- The employer has offered or will offer the job ERS.— retary of Labor finds that a violation has oc- to any eligible United States worker who ap- ‘‘(i) RECRUITMENT.—The employer has curred, the Secretary of Labor shall imme- plies and is equally or better qualified for taken or will take the following steps to re- diately suspend the application of this clause the job for which the nonimmigrant is, or cruit United States workers for the job op- with respect to that certification for that the nonimmigrants are, sought and who will portunities for which the H–2A non- date of need. LACEMENT OF UNITED STATES WORK- be available at the time and place of need. immigrant is, or H–2A nonimmigrants are, ‘‘(III) P ERS.—Before referring a United States work- ‘‘(F) PROVISION OF INSURANCE.—If the job sought: er to an employer during the period de- opportunity is not covered by the State ‘‘(I) CONTACTING FORMER WORKERS.—The scribed in the matter preceding subclause (I), workers’ compensation law, the employer employer shall make reasonable efforts the Secretary of Labor shall make all rea- will provide, at no cost to the worker, insur- through the sending of a letter by United sonable efforts to place the United States ance covering injury and disease arising out States Postal Service mail, or otherwise, to worker in an open job acceptable to the of, and in the course of, the worker’s employ- contact any United States worker the em- worker, if there are other job offers pending ment which will provide benefits at least ployer employed during the previous season with the job service that offer similar job op- equal to those provided under the State’s in the occupation at the place of intended portunities in the area of intended employ- workers’ compensation law for comparable employment for which the employer is ap- ment. plying for workers and has made the avail- employment. ‘‘(iv) STATUTORY CONSTRUCTION.—Nothing ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY ability of the employer’s job opportunities in in this subparagraph shall be construed to COLLECTIVE BARGAINING AGREEMENTS.—With the occupation at the place of intended em- prohibit an employer from using such legiti- respect to job opportunity that is not cov- ployment known to such previous workers, mate selection criteria relevant to the type ered under a collective bargaining agree- unless the worker was terminated from em- of job that are normal or customary to the ment: ployment by the employer for a lawful job- type of job involved so long as such criteria ‘‘(A) STRIKE OR LOCKOUT.—The specific job related reason or abandoned the job before are not applied a indiscriminatory manner. opportunity for which the employer has ap- the worker completed the period of employ- ‘‘(V) UNITED STATES WORKER.—For purpose plied for an H–2A worker is not vacant be- ment of the job opportunity for which the of this subparagraph, the term ‘‘United cause the former occupant is on strike or worker was hired. States worker’’ means an alien described in being locked out in the course of a labor dis- ‘‘(II) FILING A JOB OFFER WITH THE LOCAL section 218G(14) except an alien admitted or pute. OFFICE OF THE STATE EMPLOYMENT SECURITY otherwise provided status under section ‘‘(B) TEMPORARY OR SEASONAL JOB OPPORTU- AGENCY.—Not later than 28 days before the 101(a)(15)(Z). NITIES.—The job opportunity is temporary or date on which the employer desires to em- ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BE- seasonal. ploy an H–2A worker in a temporary or sea- HALF OF EMPLOYER MEMBERS.— ‘‘(C) BENEFIT, WAGE, AND WORKING CONDI- sonal agricultural job opportunity, the em- ‘‘(1) IN GENERAL.—An agricultural associa- TIONS.—The employer will provide, at, a min- ployer shall submit a copy of the job offer tion may file an application under sub- imum, the benefits, wages, and working con- described in subsection (a)(2) to the local of- section (a) on behalf of 1 or more of its em- ditions required by section 218E to all work- fice of the State workforce agency which ployer members that the association cer- ers employed in the job opportunities for serves the area of intended employment and tifies in its application has or have agreed in

VerDate Aug 31 2005 09:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.144 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6659 writing to comply with the requirements of provide to H–2A workers. Conversely, no job seeking assistance in locating housing, the this section and sections 218E, 218F, and offer may impose on United States workers employer shall make a good faith effort to 218G. any restrictions or obligations which will assist the worker in identifying and locating ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS not be imposed on the employer’s H–2A housing in the area of intended employment. EMPLOYERS.—If an association filing an ap- workers. An employer who offers a housing allowance plication under paragraph (1) is a joint or ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORK- to a worker, or assists a worker in locating sole employer of the temporary or seasonal ING CONDITIONS.—Except in cases where high- housing which the worker occupies, pursuant agricultural workers requested on the appli- er benefits, wages, or working conditions are to this clause shall not be deemed a housing cation, the certifications granted under sub- required by the provisions of subsection (a), provider under section 203 of the Migrant and section (e)(2)(B) to the association may be in order to protect similarly employed Seasonal Agricultural Worker Protection used for the certified job opportunities of United States workers from adverse effects Act (29 U.S.C. 1823) solely by virtue of pro- any of its producer members named on the with respect to benefits, wages, and working viding such housing allowance. No housing application, and such workers may be trans- conditions, every job offer which shall ac- allowance may be used for housing which is ferred among such producer members to per- company an application under section owned or controlled by the employer. form the agricultural services of a tem- 218C(b)(2) shall include each of the following ‘‘(ii) CERTIFICATION.—The requirement of porary or seasonal nature for which the cer- benefit, wage, and working condition provi- this clause is satisfied if the Governor of the tifications were granted. sions: State certifies to the Secretary of Labor ‘‘(d) WITHDRAWAL OF APPLICATIONS.— ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR that there is adequate housing available in ‘‘(1) IN GENERAL.—An employer may with- HOUSING ALLOWANCE.— the area of intended employment for mi- draw an application filed pursuant to sub- ‘‘(A) IN GENERAL.—An employer applying grant farm workers and H–2A workers who section (a), except that if the employer is an under section 218C(a) for H–2A workers shall are seeking temporary housing while em- agricultural association, the association offer to provide housing at no cost to all ployed in agricultural work. Such certifi- may withdraw an application filed pursuant workers in job opportunities for which the cation shall expire after 3 years unless re- to subsection (a) with respect to 1 or more of employer has applied under that section and newed by the Governor of the State. ‘‘(iii) AMOUNT OF ALLOWANCE.— its members. To withdraw an application, to all other workers in the same occupation at the place of employment, whose place of ‘‘(I) NONMETROPOLITAN COUNTIES.—If the the employer or association shall notify the place of employment of the workers provided Secretary of Labor in writing, and the Sec- residence is beyond normal commuting dis- tance. an allowance under this subparagraph is a retary of Labor shall acknowledge in writing nonmetropolitan county, the amount of the the receipt of such withdrawal notice. An ‘‘(B) TYPE OF HOUSING.—In complying with subparagraph (A), an employer may, at the housing allowance under this subparagraph employer who withdraws an application shall be equal to the statewide average fair under subsection (a), or on whose behalf an employer’s election, provide housing that meets applicable Federal standards for tem- market rental for existing housing for non- application is withdrawn, is relieved of the metropolitan counties for the State, as es- obligations undertaken in the application. porary labor camps or secure housing that meets applicable local standards for rental tablished by the Secretary of Housing and ‘‘(2) LIMITATION.—An application may not Urban Development pursuant to section 8(c) or public accommodation housing or other be withdrawn while any alien provided sta- of the United States Housing Act of 1937 (42 substantially similar class of habitation, or tus under section 101(a)(15)(H)(ii)(a) pursuant U.S.C. 1437f(c)), based on a 2-bedroom dwell- in the absence of applicable local standards, to such application is employed by the em- ing unit and an assumption of 2 persons per State standards for rental or public accom- ployer. bedroom. modation housing or other substantially ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— ‘‘(II) METROPOLITAN COUNTIES.—If the place Any obligation incurred by an employer similar class of habitation. In the absence of of employment of the workers provided an under any other law or regulation as a result applicable local or State standards, Federal allowance under this paragraph is in a met- of the recruitment of United States workers temporary labor camp standards shall apply. ropolitan county, the amount of the housing or H–2A workers under an offer of terms and ‘‘(C) FAMILY HOUSING.—If it is the pre- allowance under this subparagraph shall be conditions of employment required as a re- vailing practice in the occupation and area equal to the statewide average fair market sult of making an application under sub- of intended employment to provide family rental for existing housing for metropolitan section (a) is unaffected by withdrawal of housing, family housing shall be provided to counties for the State, as established by the such application. workers with families who request it. Secretary of Housing and Urban Develop- ‘‘(D) WORKERS ENGAGED IN THE RANGE PRO- ‘‘(e) REVIEW AND APPROVAL OF APPLICA- ment pursuant to section 8(c) of the United DUCTION OF LIVESTOCK.—The Secretary of TIONS.— States Housing Act of 1937 (42 U.S.C. Labor shall issue regulations that address ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The 1437f(c)), based on a 2-bedroom dwelling unit employer shall make available for public ex- the specific requirements for the provision of and an assumption of 2 persons per bedroom. amination, within 1 working day after the housing to workers engaged in the range pro- ‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— date on which an application under sub- duction of livestock. ‘‘(A) TO PLACE OF EMPLOYMENT.—A worker ‘‘(E) LIMITATION.—Nothing in this para- section (a) is filed, at the employer’s prin- who completes 50 percent of the period of graph shall be construed to require an em- cipal place of business or worksite, a copy of employment of the job opportunity for which ployer to provide or secure housing for per- each such application (and such accom- the worker was hired shall be reimbursed by sons who were not entitled to such housing panying documents as are necessary). the employer for the cost of the worker’s under the temporary labor certification reg- ‘‘(2) RESPONSIBILITY OF THE SECRETARY OF transportation and subsistence from the ulations in effect on June 1, 1986. LABOR.— place from which the worker came to work ‘‘(F) CHARGES FOR HOUSING.— ‘‘(A) COMPILATION OF LIST.—The Secretary for the employer (or place of last employ- ‘‘(i) CHARGES FOR PUBLIC HOUSING.—If pub- of Labor shall compile, on a current basis, a ment, if the worker traveled from such lic housing provided for migrant agricultural list (by employer and by occupational classi- place) to the place of employment. workers under the auspices of a local, coun- fication) of the applications flied under sub- ‘‘(B) FROM PLACE OF EMPLOYMENT.—A ty, or State government is secured by an em- section (a). Such list shall include the wage worker who completes the period of employ- ployer, and use of the public housing unit rate, number of workers sought, period of in- ment for the job opportunity involved shall normally requires charges from migrant tended employment, and date of need. The be reimbursed by the employer for the cost workers, such charges shall be paid by the Secretary of Labor shall make such list of the worker’s transportation and subsist- employer directly to the appropriate indi- available for examination in the District of ence from the place of employment to the vidual or entity affiliated with the housing’s Columbia. place from which the worker, disregarding management. ‘‘(B) REVIEW OF APPLICATIONS.—The Sec- intervening employment, came to work for ‘‘(ii) DEPOSIT CHARGES.—Charges in the the employer, or to the place of next employ- retary of Labor shall review such an applica- form of deposits for bedding or other similar tion only for completeness and obvious inac- ment, if the worker has contracted with a incidentals related to housing shall not be subsequent employer who has not agreed to curacies. Unless the Secretary of Labor finds levied upon workers by employers who pro- that the application is incomplete or obvi- provide or pay for the worker’s transpor- vide housing for their workers. An employer tation and subsistence to such subsequent ously inaccurate, the Secretary of Labor may require a worker found to have been re- shall certify that the intending employer has employer’s place of employment. sponsible for damage to such housing which ‘‘(C) LIMITATION.— filed with the Secretary of Labor an applica- is not the result of normal wear and tear re- ‘‘(i) AMOUNT OF REIMBURSEMENT.—Except tion as described in subsection (a). Such cer- lated to habitation to reimburse the em- as provided in clause (ii), the amount of re- tification shall be provided within 7 days of ployer for the reasonable cost of repair of imbursement provided under subparagraph the filing of the application.’’ such damage. (A) or (B) to a worker or alien shall not ex- ‘‘SEC. 218D. H–2A EMPLOYMENT REQUIREMENTS. ‘‘(G) HOUSING ALLOWANCE AS ALTER- ceed the lesser of— ‘‘(a) PREFERENTIAL TREATMENT OF ALIENS NATIVE.— ‘‘(I) the actual cost to the worker or alien PROHIBITED.—Employers seeking to hire ‘‘(i) IN GENERAL.—If the requirement set of the transportation and subsistence in- United States workers shall offer the United out in clause (ii) is satisfied, the employer volved; or States workers no less than the same bene- may provide a reasonable housing allowance ‘‘(II) the most economical and reasonable fits, wages, and working conditions that the instead of offering housing under subpara- common carrier transportation charges and employer is offering, intends to offer, or will graph (A). Upon the request of a worker subsistence costs for the distance involved.

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‘‘(ii) Distance traveled.—No reimburse- ‘‘(E) FREQUENCY OF PAY.—The employer wage levels that would have prevailed in the ment under subparagraph (A) or (B) shall be shall pay the worker not less frequently than absence of the employment of H–2A workers required if the distance traveled is 100 miles twice monthly, or in accordance with the in those occupations; or less, or the worker is not residing in em- prevailing practice in the area of employ- ‘‘(III) whether alternative wage standards, ployer-provided housing or housing secured ment, whichever is more frequent. such as a prevailing wage standard, would be through an allowance as provided in para- ‘‘(F) HOURS AND EARNINGS STATEMENTS.— sufficient to prevent wages in occupations in graph (1)(G). The employer shall furnish to the worker, on which H–2A workers are employed from fall- ‘‘(D) Early termination.—If the worker is or before each payday, in 1 or more written ing below the wage level that would have laid off or employment is terminated for statements— prevailed in the absence of H–2A employ- contract impossibility (as described in para- ‘‘(i) the worker’s total earnings for the pay ment; graph (4)(D)) before the anticipated ending period; ‘‘(IV) whether any changes are warranted date of employment, the employer shall pro- ‘‘(ii) the worker’s hourly rate of pay, piece in the current methodologies for calculating vide the transportation and subsistence re- rate of pay, or both; the adverse effect wage rate and the pre- quired by subparagraph (B) and, notwith- ‘‘(iii) the hours of employment which have vailing wage rate; and standing whether the worker has completed been offered to the worker (broken out by ‘‘(V) recommendations for future wage pro- 50 percent of the period of employment, shall hours offered in accordance with and over tection under this section. provide the transportation reimbursement and above the 3⁄4 guarantee described in para- ‘‘(iv) The Commission may for the purpose required by subparagraph (A). graph (4); of carrying out this section, hold such hear- ‘‘(E) TRANSPORTATION BETWEEN LIVING ‘‘(iv) the hours actually worked by the ings, sit and act at such times and places, QUARTERS AND WORKSITE.—The employer worker; take such testimony, and receive such evi- shall provide transportation between the ‘‘(v) an itemization of the deductions made dence as the Commission considers appro- worker’s living quarters and the employer’s from the worker’s wages; and priate. worksite without cost to the worker, and ‘‘(vi) if piece rates of pay are used, the ‘‘(v) INTERIM REPORT.—The Commission such transportation will be in accordance units produced daily. shall issue an interim report, published in with applicable laws and regulations. ‘‘(G) REPORT ON WAGE PROTECTIONS.—Not the Federal Register, with opportunity and ‘‘(3) REQUIRED WAGES.— later than December 31, 2009, the Comp- comment, for a period of at least 90 days. ‘‘(A) IN GENERAL.—An employer applying troller General of the United States shall ‘‘(vi) FINAL REPORT.—After considering for workers under section 218C(a) shall offer prepare and transmit to the Secretary of recommendations from interested persons to pay, and shall pay, all workers in the oc- Labor, the Committee on the Judiciary of (including an opportunity for comment from cupation for which the employer has applied the Senate, and Committee on the Judiciary the public and affected States), the Commis- for workers, not less (and is not required to of the House of Representatives, report that sion shall submit a report to the Congress pay more) than the greater of the prevailing addresses— setting forth the findings of the study con- wage in the occupation in the area of in- ‘‘(i) whether the employment of H–2A or ducted under clause (iii) not later than De- tended employment or the adverse effect unauthorized aliens in the United States ag- cember 31, 2009. wage rate. No worker shall be paid less than ricultural workforce has depressed United ‘‘(vii) TERMINATION DATE.—The Commis- the greater of the hourly wage prescribed States farm worker wages below the levels sion shall terminate upon submitting its under section 6(a)(1) of the Fair Labor Stand- that would otherwise have prevailed if alien final report. ards Act of 1938 (29 U.S.C. 206(a)(1)) or the ap- farm workers had not been employed in the ‘‘(4) GUARANTEE OF EMPLOYMENT.— plicable State minimum wage. United States; ‘‘(A) OFFER TO WORKER.—The employer ‘‘(B) LIMITATION.—Effective on the date of ‘‘(ii) whether an adverse effect wage rate is shall guarantee to offer the worker employ- the enactment of the Agricultural Job Op- necessary to prevent wages of United States ment for the hourly equivalent of at least 3⁄4 portunities, Benefits, and Security Act of farm workers in occupations in which H–2A of the work days of the total period of em- 2007 and continuing for 3 years thereafter, no workers are employed from falling below the ployment, beginning with the first work day adverse effect wage rate for a State may be wage levels that would have prevailed in the after the arrival of the worker at the place of more than the adverse effect wage rate for absence of the employment of H–2A workers employment and ending on the expiration that State in effect on January 1, 2003, as es- in those occupations; date specified in the job offer. For purposes tablished by section 655.107 of title 20, Code ‘‘(iii) whether alternative wage standards, of this subparagraph, the hourly equivalent of Federal Regulations. such as a prevailing wage standard, would be means the number of hours in the work days ‘‘(C) REQUIRED WAGES AFTER 3-YEAR sufficient to prevent wages in occupations in as stated in the job offer and shall exclude FREEZE.— which H–2A workers are employed from fall- the worker’s Sabbath and Federal holidays. ‘‘(i) FIRST ADJUSTMENT.—If Congress does ing below the wage level that would have If the employer affords the United States or not set a new wage standard applicable to prevailed in the absence of H–2A employ- H–2A worker less employment than that re- this section before the first March 1 that is ment; quired under this paragraph, the employer not less than 3 years after the date of enact- ‘‘(iv) whether any changes are warranted shall pay such worker the amount which the ment of this section, the adverse effect wage in the current methodologies for calculating worker would have earned had the worker, in rate for each State beginning on such March the adverse effect wage rate and the pre- fact, worked for the guaranteed number of 1 shall be the wage rate that would have re- vailing wage; and hours. sulted if the adverse effect wage rate in ef- ‘‘(v) recommendations for future wage pro- ‘‘(B) FAILURE TO WORK.—Any hours which fect on January 1, 2003, had been annually tection under this section. the worker fails to work, up to a maximum adjusted, beginning on March 1, 2006, by the ‘‘(H) COMMISSION ON WAGE STANDARDS.— of the number of hours specified in the job lesser of— ‘‘(i) ESTABLISHMENT.—There is established offer for a work day, when the worker has ‘‘(I) the 12-month percentage change in the the Commission on Agricultural Wage been offered an opportunity to do so, and all Consumer Price Index for All Urban Con- Standards under the H–2A program (in this hours of work actually performed (including sumers between December of the second pre- subparagraph referred to as the ‘Commis- voluntary work in excess of the number of ceding year and December of the preceding sion’). hours specified in the job offer in a work day, year; and ‘‘(ii) COMPOSITION.—The Commission shall on the worker’s Sabbath, or on Federal holi- ‘‘(II) 4 percent. consist of 10 members as follows: days) may be counted by the employer in ‘‘(ii) SUBSEQUENT ANNUAL ADJUSTMENTS.— ‘‘(I) Four representatives of agricultural calculating whether the period of guaranteed Beginning on the first March 1 that is not employers and 1 representative of the De- employment has been met. less than 4 years after the date of enactment partment of Agriculture, each appointed by ‘‘(C) ABANDONMENT OF EMPLOYMENT, TERMI- of this section, and each March 1 thereafter, the Secretary of Agriculture. NATION FOR CAUSE.—If the worker voluntarily the adverse effect wage rate then in effect ‘‘(II) Four representatives of agricultural abandons employment before the end of the for each State shall be adjusted by the lesser workers and 1 representative of the Depart- contract period, or is terminated for cause, of— ment of Labor, each appointed by the Sec- the worker is not entitled to the ‘3⁄4 guar- ‘‘(I) the 12-month percentage change in the retary of Labor. antee’ described in subparagraph (A). Consumer Price Index for All Urban Con- ‘‘(iii) FUNCTIONS.—The Commission shall ‘‘(D) CONTRACT IMPOSSIBILITY.—If, before sumers between December of the second pre- conduct a study that shall address— the expiration of the period of employment ceding year and December of the preceding ‘‘(I) whether the employment of H–2A or specified in the job offer, the services of the year; and unauthorized aliens in the United States ag- worker are no longer required for reasons be- ‘‘(II) 4 percent. ricultural workforce has depressed United yond the control of the employer due to any ‘‘(D) DEDUCTIONS.—The employer shall States farm worker, wages below the levels form of natural disaster, including a flood, make only those deductions from the work- that would otherwise have prevailed if alien hurricane, freeze, earthquake, fire, drought, er’s wages that are authorized by law or are farm workers had not been employed in the plant or animal disease or pest infestation, reasonable and customary in the occupation United States; or regulatory drought, before the guarantee and area of employment. The job offer shall ‘‘(II) whether an adverse effect wage rate is in subparagraph (A) is fulfilled, the employer specify all deductions not required by law necessary to prevent wages of United States may terminate the worker’s employment. In which the employer will make from the farm workers in occupations in which H–2A the event of such termination, the employer worker’s wages. workers are employed from falling below the shall fulfill the employment guarantee in

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subparagraph (A) for the work days that ‘‘(iii) EFFECT OF WORKERS’ COMPENSATION seeks the admission into the United States have elapsed from the first work day after COVERAGE.—If the employer of any H–2A of an H–2A worker may file a petition with the arrival of the worker to the termination worker provides workers’ compensation cov- the Secretary. The petition shall be accom- of employment. In such cases, the employer erage for such worker in the case of bodily panied by an accepted and currently valid will make efforts to transfer the United injury or death as provided by State law, the certification provided by the Secretary of States worker to other comparable employ- following adjustments in the requirements of Labor under section 218C(e)(2)(B) covering ment acceptable to the worker. If such trans- subparagraph (B)(i)(III) relating to having an the petitioner. fer is not effected, the employer shall pro- insurance policy or liability bond apply: ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC- vide the return transportation required in ‘‘(I) No insurance policy or liability bond RETARY.—The Secretary shall establish a paragraph (2)(D). shall be required of the employer, if such procedure for expedited adjudication of peti- ‘‘(5) MOTOR VEHICLE SAFETY.— workers are transported only under cir- tions filed under subsection (a) and within 7 ‘‘(A) MODE OF TRANSPORTATION SUBJECT TO cumstances for which there is coverage working days shall, by fax, cable, or other COVERAGE.— under such State law. means assuring expedited delivery, transmit ‘‘(i) IN GENERAL.—Except as provided in ‘‘(II) An insurance policy or liability bond a copy of notice of action on the petition to clauses (iii) and (iv), this subsection applies shall be required of the employer for cir- the petitioner and, in the case of approved to any H–2A employer that uses or causes to cumstances under which coverage for the petitions, to the appropriate immigration of- be used any vehicle to transport an H–2A transportation of such workers is not pro- ficer at the port of entry or United States worker within the United States. vided under such State law. consulate (as the case may be) where the pe- ‘‘(ii) DEFINED TERM.—In this paragraph, the ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An titioner has indicated that the alien bene- term ‘uses or causes to be used’— employer shall assure that, except as other- ficiary (or beneficiaries) will apply for a visa ‘‘(I) applies only to transportation pro- wise provided in this section, the employer or admission to the United States. vided by an H–2A employer to an H–2A work- will comply with all applicable Federal, ‘‘(c) CRITERIA FOR ADMISSIBILITY.— er, or by a farm labor contractor to an H–2A State, and local labor laws, including laws ‘‘(1) IN GENERAL.—An H–2A worker shall be worker at the request or direction of an H–2A affecting migrant and seasonal agricultural considered admissible to the United States if employer; and workers, with respect to all United States the alien is otherwise admissible under this ‘‘(II) does not apply to— section, section 218C, and section 218D, and ‘‘(aa) transportation provided, or transpor- workers and alien workers employed by the the alien is not ineligible under paragraph tation arrangements made, by an H–2A employer, except that a violation of this as- (2). worker, unless the employer specifically re- surance shall not constitute a violation of ‘‘(2) DISQUALIFICATION.—An alien shall be quested or arranged such transportation; or the Migrant and Seasonal Agricultural ‘‘(bb) car pooling arrangements made by H– Worker Protection Act (29 U.S.C. 1801 et considered inadmissible to the United States 2A workers themselves, using 1 of the work- seq.). and ineligible for nonimmigrant status under ers’ own vehicles, unless specifically re- ‘‘(d) COPY OF JOB OFFER.—The employer section 101(a)(15)(H)(ii)(a) if the alien has, at quested by the employer directly or through shall provide to the worker, not later than any time during the past 5 years— ‘‘(A) violated a material provision of this a farm labor contractor. the day the work commences, a copy of the ‘‘(iii) CLARIFICATION.—Providing a job offer employer’s application and job offer de- section, including the requirement to to an H–2A worker that causes the worker to scribed in section 218C(a), or, if the employer promptly depart the United States when the travel to or from the place of employment, will require the worker to enter into a sepa- alien’s authorized period of admission under or the payment or reimbursement of the rate employment contract covering the em- this section has expired; or transportation costs of an H–2A worker by ployment in question, such separate employ- ‘‘(B) otherwise violated a term or condition an H–2A employer, shall not constitute an ment contract. of admission into the United States as a non- arrangement of, or participation in, such ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.— immigrant, including overstaying the period transportation. Nothing in this section, section 218C, or sec- of authorized admission as such a non- ‘‘(iv) AGRICULTURAL MACHINERY AND EQUIP- tion 218E shall preclude the Secretary of immigrant. MENT EXCLUDED.—This subsection does not Labor and the Secretary from continuing to ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW- apply to the transportation of an H–2A work- apply special procedures and requirements to FUL PRESENCE.— er on a tractor, combine, harvester, picker, the admission and employment of aliens in ‘‘(A) IN GENERAL.—An alien who has not or other similar machinery or equipment occupations involving the range production previously been admitted into the United while such worker is actually engaged in the of livestock. States pursuant to this section, and who is planting, cultivating, or harvesting of agri- ‘‘(f) EVIDENCE ON NONIMMIGRANT STATUS.— otherwise eligible for admission in accord- cultural commodities or the care of live- Each H–2A nonimmigrant shall be issued ance with paragraphs (1) and (2), shall not be stock or poultry or engaged in transpor- documentary evidence of nonimmigrant sta- deemed inadmissible by virtue of section tation incidental thereto. tus, which— 212(a)(9)(8). If an alien described in the pre- ‘‘(v) COMMON CARRIERS EXCLUDED.—This ‘‘(1) shall be machine-readable, tamper-re- ceding sentence is present in the United subsection does not apply to common carrier sistant, and shall contain a digitized photo- States, the alien may apply from abroad for motor vehicle transportation in which the graph and other biometric identifiers that H–2A status, but may not be granted that provider holds itself out to the general pub- can be authenticated; status in the United States. lic as engaging in the transportation of pas- ‘‘(2) shall, during the alien’s authorized pe- ‘‘(B) MAINTENANCE OF WAIVER.—An alien sengers for hire and holds a valid certifi- riod of admission as an H–2A nonimmigrant, provided an initial waiver of ineligibility cation of authorization for such purposes serve as a valid entry document for the pur- pursuant to subparagraph (A) shall remain from an appropriate Federal, State, or local pose of applying for admission to the United eligible for such waiver unless the alien vio- agency. States— lates the terms of this section or again be- ‘‘(B) APPLICABILITY OF STANDARDS, LICENS- ‘‘(A) instead of a passport and visa if the comes ineligible under section 212(a)(9)(B) by ING, AND INSURANCE REQUIREMENTS.— alien— virtue of unlawful presence in the United ‘‘(i) IN GENERAL.—When using, or causing ‘‘(i) is a national of a foreign territory con- States after the date of the initial waiver of to be used, any vehicle for the purpose of tiguous to the United States; and ineligibility pursuant to subparagraph (A). providing transportation to which this sub- ‘‘(ii) is applying for admission at a land ‘‘(d) PERIOD OF ADMISSION.— paragraph applies, each employer shall— border port of entry; or ‘‘(1) IN GENERAL.—The alien shall be admit- ‘‘(I) ensure that each such vehicle con- ‘‘(B) in conjunction with a valid passport, ted for the period of employment in the ap- forms to the standards prescribed by the Sec- if the alien is applying for admission at an plication certified by the Secretary of Labor retary of Labor under section 401(b) of the air or sea port of entry; pursuant to section 218C(e)(2)(B), not to ex- Migrant and Seasonal Agricultural Worker ‘‘(3) may be accepted during the period of ceed 10 months except as specified in para- Protection Act (29 U.S.C. 1841(b)) and other its validity by an employer as evidence of graph (2), supplemented by a period of not applicable Federal and State safety stand- employment authorization and identity more than a week before the beginning of the ards; under section 274A(b)(1)(B); and period of employment for the purpose of ‘‘(II) ensure that each driver has a valid ‘‘(4) shall be issued to the H–2A non- travel to the worksite and a period of 14 days and appropriate license, as provided by State immigrant by the Secretary promptly after following the period of employment for the law, to operate the vehicle; and such alien’s admission to the United States purpose of departure or extension based on a ‘‘(III) have an insurance policy or a liabil- as an H–2A nonimmigrant and reporting to subsequent offer of employment, except ity bond that is in effect which insures the the employer’s worksite under or, at the dis- that— employer against liability for damage to per- cretion of the Secretary, may be issued by ‘‘(A) the alien is not authorized to be em- sons or property arising from the ownership, the Secretary of State at a consulate instead ployed during such 14-day period except in operation, or causing to be operated, of any of a visa. the employment for which the alien was pre- vehicle used to transport any H–2A worker. ‘‘SEC. 218E. PROCEDURE FOR ADMISSION AND EX- viously authorized; and ‘‘(ii) AMOUNT OF INSURANCE REQUIRED.—The TENSION OF STAY OF H–2A WORK- ‘‘(B) the total period of employment, in- level of insurance required shall be deter- ERS. cluding such 14-day period, may not exceed mined by the Secretary of Labor pursuant to ‘‘(a) PETITIONING FOR ADMISSION.—An em- 10 months. regulations to be issued under this sub- ployer, or an association acting as an agent ‘‘(2) OPTIONAL PERIOD FOR NON-SEASONAL section. or joint employer for its members, that AGRICULTURAL WORKERS.—Notwithstanding

VerDate Aug 31 2005 09:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.147 S24MYPT1 bajohnson on PRODPC74 with SENATE S6662 CONGRESSIONAL RECORD — SENATE May 24, 2007 any other provision of law, an alien being ad- ‘‘(ii) the individual whose eligibility is ing any extensions) was for a period of not mitted to perform agricultural non-seasonal being verified is claiming the identity of an- more than 10 months and such alien has been work may, at the employer’s option, be ad- other person; and outside the United States for at least 2 mitted for the period and pursuant to the ‘‘(iii) the individual whose eligibility is months during the 12 months preceding the terms specified in Section 218A(i)(1)(A), in- being verified is authorized to be admitted date the alien again is applying for admis- cluding the rules and limitations specified in into, and employed in, the United States as sion to the United States as an H–2A worker. Section 218A(i)(2), (3), (4), and (5). The spouse an H–2A worker. ‘‘SEC. 218F. WORKER PROTECTIONS AND LABOR and children of an alien admitted pursuant ‘‘(B) The document shall be in a form that STANDARDS ENFORCEMENT. to the terms of this paragraph may be admit- is resistant to counterfeiting and to tam- ‘‘(a) ENFORCEMENT AUTHORITY.— ted only in accordance with the terms set pering. ‘‘(1) INVESTIGATION OF COMPLAINTS.— forth in Section 218A(e)(8). ‘‘(C) The document shall— ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY ‘‘(3) OTHER WORKERS.—Notwithstanding ‘‘(i) be compatible with other databases of COMPLAINTS.—The Secretary of Labor shall any other provision of law, an alien admitted the Secretary for the purpose of excluding establish a process for the receipt, investiga- to perform agricultural non-seasonal work as aliens from benefits for which they are not tion, and disposition of complaints respect- an sheep herder, goat herder, horse worker, eligible and determining whether the alien is ing a petitioner’s failure to meet a condition or dairy worker may, at the option of the unlawfully present in the United States; and specified in section 218C(b), or an employer’s employer, be admitted for a period not to ex- ‘‘(ii) be compatible with law enforcement misrepresentation of material facts in an ap- ceed three years. An alien admitted pursuant databases to determine if the alien has been plication under section 218C(a). Complaints to the terms of this paragraph may not be convicted of criminal offenses. may be filed by any aggrieved person or or- accompanied or subsequently joined by de- ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN ganization (including bargaining representa- pendents, including a spouse or child in de- THE UNITED STATES.— tives). No investigation or hearing shall be rivative nonimmigrant status. ‘‘(1) EXTENSION OF STAY.—If an employer conducted on a complaint concerning such a ‘‘(4) CONSTRUCTION.—Nothing in this sub- seeks approval to employ an H–2A alien who failure or misrepresentation unless the com- section shall limit the authority of the Sec- is lawfully present in the United States, the plaint was filed not later than 12 months retary to extend the stay of the alien under petition filed by the employer or an associa- after the date of the failure, or misrepresen- any other provision of this Act. tion pursuant to subsection (a), shall request tation, respectively. The Secretary of Labor ‘‘(e) ABANDONMENT OF EMPLOYMENT.— an extension of the alien’s stay and a change shall conduct an investigation under this ‘‘(1) IN GENERAL.—An alien admitted or in the alien’s employment. subparagraph if there is reasonable cause to provided status under section ‘‘(2) LIMITATION ON FILING A PETITION FOR believe that such a failure or misrepresenta- 101(a)(15)(H)(ii)(a) who abandons the employ- EXTENSION OF STAY.—A petition may not be tion has occurred. ment which was the basis for such admission filed for an extension of an alien’s stay to ‘‘(B) DETERMINATION ON COMPLAINT.—Under or status shall be considered to have failed date that is more than 10 months after the such process, the Secretary of Labor shall to maintain nonimmigrant status as an H–2A date of the alien’s last admission to the provide, within 30 days after the date such a worker and shall depart the United States or United States under this section. complaint is filed, for a determination as to be subject to removal under section ‘‘(3) WORK AUTHORIZATION UPON FILING A PE- whether or not a reasonable basis exists to 237(a)(1)(C)(i). TITION FOR EXTENSION OF STAY.— make a finding described in subparagraph ‘‘(2) REPORT BY EMPLOYER.—The employer, ‘‘(A) IN GENERAL.—An alien who is lawfully (C), (D), (E), or (G). If the Secretary of Labor or association acting as agent for the em- present in the United States may commence determines that such a reasonable basis ex- ployer, shall notify the Secretary not later the employment described in a petition ists, the Secretary of Labor shall provide for than 7 days after an H–2A worker pre- under paragraph (1) on the date on which the notice of such determination to the inter- maturely abandons employment. petition is filed. ested parties and an opportunity for a hear- ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec- ‘‘(B) DEFINITION.—For purposes of subpara- ing on the complaint, in accordance with retary shall promptly remove from the graph (A), the term ‘file’ means sending the section 556 of title 5, United States Code, United States any H–2A worker who violates petition by certified mail via the United within 60 days after the date of the deter- any term or condition of the worker’s non- States Postal Service, return receipt re- mination. If such a hearing is requested, the immigrant status. quested, or delivered by guaranteed commer- Secretary of Labor shall make a finding con- ‘‘(4) VOLUNTARY TERMINATION.—Notwith- cial delivery which will provide the employer cerning the matter not later than 60 days standing paragraph (1), an alien may volun- with a documented acknowledgment of the after the date of the hearing. In the case of tarily terminate his or her employment if date of receipt of the petition. similar complaints respecting the same ap- the alien promptly departs the United States ‘‘(C) HANDLING OF PETITION.—The employer plicant, the Secretary of Labor may consoli- upon termination of such employment. shall provide a copy of the employer’s peti- date the hearings under this subparagraph ‘‘(f) REPLACEMENT OF ALIEN.— tion to the alien, who shall keep the petition ‘‘(1) IN GENERAL.—Upon presentation of the on such complaints. with the alien’s identification and employ- ‘‘(C) FAILURES TO MEET CONDITIONS.—If the notice to the secretary required by sub- ment eligibility document as evidence that Secretary of Labor finds, after notice and op- section (e)(2), the Secretary of State shall the petition has been filed and that the alien portunity for a hearing, failure to meet a promptly issue a visa to, and the Secretary is authorized to work in the United States. condition of paragraph (1)(A), (1)(B), (1)(D), shall admit into the United States, an eligi- ‘‘(D) APPROVAL OF PETITION.—Upon ap- (1)(F), (2)(A), (2)(B), or (2)(G) of section ble alien designated by the employer to re- proval of a petition for an extension of stay 218C(b),substantial failure to meet a condi- place an H–2A worker— or change in the alien’s authorized employ- ‘‘(A) who abandons or prematurely termi- tion of paragraph (1)(C), (1)(E), (2)(C), (2)(D), ment, the Secretary shall provide a new or nates employment; or (2)(E), or (2)(H) of section 218C(b), or a mate- ‘‘(B) whose employment is terminated updated employment eligibility document to rial misrepresentation of fact in an applica- after a United States worker is employed the alien indicating the new validity date, tion under section 218C(a)— pursuant to section 218C(b)(2)(H)(iii), if the after which the alien is not required to re- ‘‘(i) the Secretary of Labor shall notify the United States worker voluntarily departs be- tain a copy of the petition. Secretary of such finding and may, in addi- ‘‘(4) LIMITATION ON AN INDIVIDUAL’S STAY IN fore the end of the period of intended em- tion, impose such other administrative rem- STATUS.— ployment or if the employment termination edies (including civil money penalties in an ‘‘(A) MAXIMUM PERIOD.—The maximum is for a lawful job-related reason. amount not to exceed $1,000 per violation) as continuous period of authorized status as an ‘‘(2) CONSTRUCTION.—Nothing in this sub- the Secretary of Labor determines to be ap- section is intended to limit any preference H–2A worker (including any extensions), propriate; and required to be accorded United States work- other than a worker admitted pursuant to ‘‘(ii) the Secretary may disqualify the em- ers under any other provision of this Act. subsection (d)(2), is 10 months. ployer from the employment of aliens de- ‘‘(g) IDENTIFICATION DOCUMENT.— ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE THE scribed in section 101(a)(15)(H)(ii)(a) for a pe- ‘‘(1) IN GENERAL.—Each alien authorized to UNITED STATES.— riod of 1 year. be admitted under section 101(a)(15)(H)(ii)(a) ‘‘(i) IN GENERAL.—Subject to clause (ii), in ‘‘(D) WILLFUL FAILURES AND WILLFUL MIS- shall be provided an identification and em- the case of an alien outside the United REPRESENTATIONS.—If the Secretary of Labor ployment eligibility document to verify eli- States whose period of authorized status as finds, after notice and opportunity for hear- gibility for employment in the United States an H–2A worker (including any extensions) ing, willful failure to meet a condition of and verify the alien’s identity. has expired, the alien may not again apply section 218C(b), willful misrepresentation of ‘‘(2) REQUIREMENTS.—No identification and for admission to the United States as an H– a material fact in an application under sec- employment eligibility document may be 2A worker unless the alien has remained out- tion 218C(a), or a violation of subsection issued which does not meet the following re- side the United States for a continuous pe- (d)(1)— quirements: riod equal to at least 1/5 the duration of the ‘‘(i) the Secretary of Labor shall notify the ‘‘(A) The document shall be capable of reli- alien’s previous period of authorized status Secretary of such finding and may, in addi- ably determining whether— as an H–2A worker (Including any exten- tion, impose such other administrative rem- ‘‘(i) the individual with the identification sions). edies (including civil money penalties in an and employment eligibility document whose ‘‘(ii) EXCEPTION.—Clause (i) shall not apply amount not to exceed $5,000 per violation) as eligibility is being verified is in fact eligible in the case of an alien if the alien’s period of the Secretary of Labor determines to be ap- for employment; authorized status as an H–2A worker (includ- propriate;

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‘‘(ii) the Secretary of Labor may seek ap- ‘‘(c) PRIVATE RIGHT OF ACTION.— ‘‘(A) If the court finds that the respondent propriate legal or equitable relief to effec- ‘‘(1) MEDIATION.—Upon the filing of a com- has intentionally violated any of the rights tuate the purposes of subsection (d)(1); and plaint by an H–2A worker aggrieved by a vio- enforceable under subsection (b), it shall ‘‘(iii) the Secretary may disqualify the em- lation of rights enforceable under subsection award actual damages, if any, or equitable ployer from the employment of H–2A work- (b), and within 60 days of the filing of proof relief. ers for a period of 2 years. of service of the complaint, party to the ac- ‘‘(B) Any civil action brought under this ‘‘(E) DISPLACEMENT OF UNITED STATES tion may file a request with the Federal Me- section shall be subject to appeal as provided WORKERS.—If the Secretary of Labor finds, diation and Conciliation Service to assist in chapter 83 of title 28, United States Code. after notice and opportunity for hearing, the parties in reaching a satisfactory resolu- ‘‘(C) In determining the amount of dam- willful failure to meet a condition of section tion of all issues involving all parties to the ages to be awarded under subparagraph (A), 218C(b) or a willful misrepresentation of a dispute. Upon a filing of such request and the court is authorized to consider whether material fact in an application under section giving of notice to the parties, the parties an attempt was made to resolve the issues in 218C(a), in the course of which failure or mis- shall attempt mediation within the period dispute before the resort to litigation. ‘‘(7) WORKERS’ COMPENSATION BENEFITS.— representation the employer displaced a specified in subparagraph (B). ‘‘(A) EXCLUSIVE REMEDY.—Notwithstanding United States worker employed by the em- ‘‘(A) MEDIATION SERVICES.—The Federal Mediation and Conciliation Service shall be any other provision of this section, where a ployer during the period of employment on State’s workers’ compensation law is appli- the employer’s application under section available to assist in resolving disputes aris- ing under subsection (b) between H–2A work- cable and coverage is provided for an H–2A 218C(a) or during the period of 30 days pre- worker, the workers’ compensation benefits ceding such period of employment— ers and agricultural employers without charge to the parties. shall be the exclusive remedy for the loss of ‘‘(i) the Secretary of Labor shall notify the such worker under this section in the case of Secretary of such finding and may, in addi- ‘‘(B) 90–DAY LIMIT.—The Federal Mediation and Conciliation Service may conduct medi- bodily injury or death in accordance with tion, impose such other administrative rem- such State’s workers’ compensation law. edies (including civil money penalties in an ation or other nonbinding dispute resolution activities for a period not to exceed 90 days ‘‘(B) RELATIONSHIP TO OTHER RELIEF.—The amount not to exceed $15,000 per violation) exclusive remedy prescribed in subparagraph as the Secretary of Labor determines to be beginning on the date on which the Federal Mediation and Conciliation Service receives (A) precludes the recovery under paragraph appropriate; and (6) of actual damages for loss from an injury the request for assistance unless the parties ‘‘(ii) the Secretary may disqualify the em- or death but does not preclude other equi- agree to an extension of this period of time. ployer from the employment of H–2A work- table relief, except that such relief shall not ‘‘(C) AUTHORIZATION.— ers for a period of 3 years. ‘‘(i) IN GENERAL.—Subject to clause (ii), include back or front pay or in any manner, IMITATIONS ON CIVIL MONEY PEN- ‘‘(F) L there are authorized to be appropriated to directly or indirectly, expand or otherwise ALTIES.—The Secretary of Labor shall not the Federal Mediation and Conciliation alter or affect— impose total civil money penalties with re- Service $500,000 for each fiscal year to carry ‘‘(i) a recovery under a State workers’ spect to.an application under section 218C(a) out this section. compensation law; or ‘‘(ii) rights conferred under a State work- in excess of $90,000. ‘‘(ii) MEDIATION.—Notwithstanding any ‘‘(G) FAILURES TO PAY WAGES OR REQUIRED other provision of law, the Director of the ers’ compensation law. ‘‘(C) CONSIDERATIONS.—In determining the BENEFITS.—If the Secretary of Labor finds, Federal Mediation and Conciliation Service amount of damages to be awarded under sub- after notice and opportunity for a hearing, is authorized to conduct the mediation or that the employer has failed to pay the paragraph (A), a court may consider whether other dispute resolution activities from any an attempt was made to resolve the issues in wages, or provide the housing allowance, other appropriated funds available to the Di- transportation, subsistence reimbursement, dispute prior to resorting to litigation. rector and to reimburse such appropriated ‘‘(8) TOLLING OF STATUTE OF LIMITATIONS.— or guarantee of employment, required under funds when the funds are appropriated pursu- section 218D(b), the Secretary of Labor shall If it is determined under a State workers’ ant to this authorization, such reimburse- compensation law that the workers’ com- assess payment of back wages, or other re- ment to be credited to appropriations cur- pensation law is not applicable to a claim for quired benefits, due any United States work- rently available at the time of receipt. bodily injury or death of an H–2A worker, er or H–2A worker employed by the employer ‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS- the statute of limitations for bringing an ac- in the specific employment in question. The TRICT COURT BY AGGRIEVED PERSON.—An H–2A tion for actual damages for such injury or back wages or other required benefits under worker aggrieved by a violation of rights en- death under subsection (c) shall be tolled for section 218D(b) shall be equal to the dif- forceable under subsection (b) by an agricul- the period during which the claim for such ference between the amount that should tural employer or other person may file suit injury or death under such State workers’ have been paid and the amount that actually in any district court of the United States compensation law was pending. The statute was paid to such worker. having jurisdiction over the parties, without of limitations for an action for actual dam- ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in regard to the amount in controversy, with- ages or other equitable relief arising out of this section shall be construed as limiting out regard to the citizenship of the parties, the same transaction or occurrence as the the authority of the Secretary of Labor to and without regard to the exhaustion of any injury or death of the H–2A worker shall be conduct any compliance investigation under alternative administrative remedies under tolled for the period during which the claim any other labor law, including any law af- this Act, not later than 3 years after the date for such injury or death was pending under fecting migrant and seasonal agricultural the violation occurs. the State workers’ compensation law. workers, or, in the absence of complaint ‘‘(3) ELECTION.—An H–2A worker who has ‘‘(9) PRECLUSIVE EFFECT.—Any settlement under this section, under section 218C or filed an administrative complaint with the by an H–2A worker and an H–2A employer or 218D. Secretary of Labor may not maintain a civil any person reached through the mediation ‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE action under paragraph (2) unless a com- process required under subsection (c)(l) shall RIGHT OF ACTION.—H–2A workers may en- plaint based on the same violation filed with preclude any right of action arising out of force the following rights through the pri- the Secretary of Labor under subsection the same facts between the parties in any vate right of action provided in subsection (a)(l) is withdrawn before the filing of such Federal or State court or administrative pro- (c), and no other right of action shall exist action, in which case the rights and remedies ceeding, unless specifically provided other- under Federal or State law to enforce such available under this subsection shall be ex- wise in the settlement agreement. rights: clusive. ‘‘(10) SETTLEMENTS.—Any settlement by ‘‘(1) The providing of housing or a housing ‘‘(4) PREEMPTION OF STATE CONTRACT the Secretary of Labor with an H–2A em- allowance as required under section RIGHTS.—Nothing in this Act shall be con- ployer on behalf of an H–2A worker of a com- 218D(b)(1). strued to diminish the rights and remedies of plaint filed with the Secretary of Labor ‘‘(2) The reimbursement of transportation an H–2A worker under any other Federal or under this section or any finding by the Sec- as required under section 218D(b)(2). State law or regulation or under any collec- retary of Labor under subsection (a)(1)(B) ‘‘(3) The payment of wages required under tive bargaining agreement, except that no shall preclude any right of action arising out section 218D(b)(3) when due. court or administrative action shall be avail- of the same facts between the parties under ‘‘(4) The benefits and material terms and able under any State contract law to enforce any Federal or State court or administrative conditions of employment expressly provided the rights created by this Act. proceeding, unless specifically provided oth- in the job offer described in section ‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree- erwise in the settlement agreement. 218C(a)(2), not including the assurance to ments by employees purporting to waive or ‘‘(d) DISCRIMINATION PROHIBITED.— comply with other Federal, State, and local modify their rights under this Act shall be ‘‘(1) IN GENERAL.—It is a violation of this labor laws described in section 218D(c), com- void as contrary to public policy, except that subsection for any person who has filed an pliance with which shall be governed by the a waiver or modification of the rights or ob- application under section 218C(a), to intimi- provisions of such laws. ligations in favor of the Secretary of Labor date, threaten, restrain, coerce, blacklist, ‘‘(5) The guarantee of employment required shall be valid for purposes of the enforce- discharge, or in any other manner discrimi- under section 218D(b)(4). ment of this Act. The preceding sentence nate against an employee (which term, for ‘‘(6) The motor vehicle safety requirements may not be construed to prohibit agreements purposes of this subsection, includes a under section 218D(b)(5). to settle private disputes or litigation. former employee and an applicant for em- ‘‘(7) The prohibition of discrimination ‘‘(6) AWARD OF DAMAGES OR OTHER EQUI- ployment) because the employee has dis- under subsection (d)(2). TABLE RELIEF.— closed information to the employer, or to

VerDate Aug 31 2005 08:40 May 25, 2007 Jkt 059060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.150 S24MYPT1 bajohnson on PRODPC74 with SENATE S6664 CONGRESSIONAL RECORD — SENATE May 24, 2007 any other person, that the employee reason- tural employees. Such term does not include to work in the job opportunity within the ably believes evidences a violation of section an organization formed, created, adminis- United States, except an alien admitted or 218C or 218D or any rule or regulation per- tered, supported, dominated, financed, or otherwise provided status under section taining to section 218C or 218D, or because controlled by an employer or employer asso- 101(a)(15)(H)(ii)(a).’’. the employee cooperates or seeks to cooper- ciation or its agents or representatives. (b) TABLE OF CONTENTS.—The table of con- ate in an investigation or other proceeding ‘‘(3) DISPLACE.—The term ’displace’, in the tents of the Immigration and Nationality concerning the employer’s compliance with case of an application with respect to 1 or Act (8 U.S.C. 1101 et seq.) is amended by the requirements of section 218C or 218D or more H–2A workers by an employer, means striking the item relating to section 218 and any rule or regulation pertaining to either of laying off a United States worker from a job inserting the following: such sections. for which the H–2A worker or workers is or ‘‘Sec. 218C. H–2A employer applications. ‘‘(2) DISCRIMINATION AGAINST H–2A WORK- are sought. ‘‘Sec. 218D. H–2A employment requirements. ERS.—It is a violation of this subsection for ‘‘(4) ELIGIBLE.—The term ‘eligible‘, when ‘‘Sec. 218E. Procedure for admission and ex- any person who has filed an application used with respect to an individual, means an tension of stay of H–2A work- under section 218C(a), to intimidate, threat- individual who is not an unauthorized alien ers. en, restrain, coerce, blacklist, discharge, or (as defined in section 274A). ‘‘Sec. 218F. Worker protections and labor in any manner discriminate against an H–2A ‘‘(5) EMPLOYER.—The term ‘employer’ standards enforcement. employee because such worker has, with just means any person or entity, including any ‘‘Sec. 218G. Definitions.’’. cause, filed a complaint with the Secretary farm labor contractor and any agricultural SEC. 405. DETERMINATION AND USE OF USER of Labor regarding a denial of the rights enu- association, that employs workers in agri- FEES. merated and enforceable under subsection (b) cultural employment. (a) SCHEDULE OF FEES.—The Secretary or instituted, or caused to be instituted, a ‘‘(6) H–2A EMPLOYER.—The term ‘H–2A em- shall establish and periodically adjust sched- private right of action under subsection (c) ployer’ means an employer who seeks to hire ule of fees for the employment of aliens pur- regarding the denial of the rights enumer- 1 or more nonimmigrant aliens described in suant to the amendment made by section ated under subsection (b), or has testified or section 101(a)(15)(H)(ii)(a). 404(a) of this Act and collection process for is about to testify in any court proceeding ‘‘(7) H–2A WORKER.—The term ‘H–2A work- such fees from employers. Such fees shall be brought under subsection (c). er’ means a nonimmigrant described in sec- the only fees chargeable to employers for ‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO- tion 101(a)(15)(H)(ii)(a). services provided under such amendment. ‘‘(8) JOB OPPORTUNITY.—The term ‘job op- PRIATE EMPLOYMENT.—The Secretary of (b) DETERMINATION OF SCHEDULE.— portunity’ means a job opening for tem- Labor and the Secretary shall establish a (1) IN GENERAL.—The schedule under sub- process under which an H–2A worker who porary or seasonal full-time employment at section (a) shall reflect fee rate based on the files a complaint regarding a violation of a place in the United States to which United number of job opportunities indicated in the subsection (d) and is otherwise eligible to re- States workers can be referred. employer’s application under section 218C of ‘‘(9) LAYING OFF.— main and work in the United States may be the Immigration and Nationality Act, as ‘‘(A) IN GENERAL.—The term ‘laying off’, allowed to seek other appropriate employ- amended by section 404 of this Act, and suffi- with respect to a worker— ment in the United States for a period not to cient to provide for the direct costs of pro- ‘‘(i) means to cause the worker’s loss of exceed the maximum period of stay author- viding services related to an employer’s au- employment, other than through a discharge ized for such nonimmigrant classification. thorization to employ aliens pursuant to the for inadequate performance, violation of ‘‘(f) ROLE OF ASSOCIATIONS.— amendment made by section 404(a) of this workplace rules, cause, voluntary departure, ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA- Act to include the certification of eligible voluntary retirement, contract impossibility TION.—An employer on whose behalf an ap- employers, the issuance of documentation, (as described in section 218D(b)(4)(D)), or plication is filed by an association acting as and the admission of eligible aliens. temporary suspension of employment due to its agent is fully responsible for such appli- (2) PROCEDURE.— weather, markets, or other temporary condi- cation, and for complying with the terms (A) IN GENERAL.—In establishing and ad- tions; but and conditions of sections 218C and 218D, as justing such schedule, the Secretary shall ‘‘(ii) does not include any situation in though the employer had filed the applica- comply with Federal cost accounting and fee which the worker is offered, as an alter- tion itself. If such an employer is deter- setting standards. native to such loss of employment, similar mined, under this section, to have com- (B) PUBLICATION AND COMMENT.—The sec- employment opportunity with the same em- mitted a violation, the penalty for such vio- retary shall publish in the Federal Register ployer (or, in the case of a placement of lation shall apply only to that member of an initial fee schedule and associated collec- worker with another employer under section the association unles the Secretary of Labor tion process and the cost data or estimates 218C(b)(2)(E), with either employer described determines that the association or other upon which such fee schedule is based, and in such section) at equivalent or higher com- member participated in, had knowledge, or any subsequent amendments thereto, pursu- pensation and benefits than the position reason to know, of the violation, in which ant to which public comment shall be sought from which the employee was discharged, re- case the penalty shall be invoked against the and final rule issued. gardless of whether or not the employee ac- association or other association member as (c) USE OF PROCEEDS.—Notwithstanding cepts the offer. well. any other provision of law all proceeds re- ‘‘(B) STATUTORY CONSTRUCTION.—Nothing ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING sulting from the payment of the fees pursu- in this paragraph is intended to limit an em- AS AN EMPLOYER.—If an association filing an ant to the amendment made by section 404(a) ployee’s rights under a collective bargaining application as sole or joint employer is de- of this Act shall be available without further agreement or other employment contract. termined to have committed a violation appropriation and shall remain available ‘‘(10) REGULATORY DROUGHT.—The term under this section, the penalty for such vio- ‘regulatory drought’ means a decision subse- without fiscal year limitation to reimburse lation shall apply only to the association un- quent to the filing of the application under the Secretary, the Secretary of State, and less the Secretary of Labor determines that section 218C by an entity not under the con- the Secretary of Labor for the costs of car- an association member or members partici- trol of the employer making such filing rying out sections 218C and 218E of the Immi- pated in or had knowledge, or reason to which restricts the employer’s access to gration and Nationality Act as amended and know of the violation, in which case the pen- water for irrigation purposes and reduces or added, respectively, by section 404 of this Act alty shall be invoked against the association limits the employer’s ability to produce an and the provisions of this Act. member or members as well. agricultural commodity, thereby reducing SEC. 406. REGULATIONS. ‘‘SEC. 218G. DEFINITIONS. the need for labor. (a) REQUIREMENT FOR THE SECRETARY TO ‘‘For purposes of this section and section ‘‘(11) SEASONAL.—Labor is performed on a CONSULT.—The Secretary shall consult with 218C, 218D, 218E, and 218F: ‘seasonal’ basis if— the Secretary of Labor and the Secretary of ‘‘(1) AGRICULTURAL EMPLOYMENT.—The ‘‘(A) ordinarily, it pertains to or is of the Agriculture during the promulgation of all term ’agricultural employment’ means any kind exclusively performed at certain sea- regulations to implement the duties of the service or activity that is considered to be sons or periods of the year; and Secretary under this Act and the amend- agricultural under section 3(f) of the Fair ‘‘(B) from its nature, it may not be contin- ments made by this Act. Labor Standards Act of 1938 (29 U.S.C. 203(f)) uous or carried on throughout the year. (b) REQUIREMENT FOR THE SECRETARY OF or agricultural labor under section 3121(g) of ‘‘(12) SECRETARY.—Except as otherwise pro- STATE TO CONSULT.—The Secretary of State the Internal Revenue Code of 1986 or the per- vided, the term ‘Secretary’ means the Sec- shall consult with the Secretary, the Sec- formance of agricultural labor or services retary of Homeland Security. retary of Labor, and the Secretary of Agri- decribed in section 101(a)(15)(H)(ii)(a). ‘‘(13) TEMPORARY.—A worker is employed culture on all regulations to implement the ‘‘(2) BONA FIDE UNION.—The term ’bona fide on a ‘temporary’ basis where the employ- duties of the Secretary of State under this union’ means any organization in which em- ment is intended not to exceed 10 months. Act and the amendments made by this Act. ployees participate and which exists for the ‘‘(14) UNITED STATES WORKER.—The term (c) REQUIREMENT FOR THE SECRETARY OF purpose of dealing with employers con- ‘United States worker’ means any worker, LABOR TO CONSULT.—The Secretary of Labor cerning grievances, labor disputes, wages, whether a national of the United States, an shall consult with the Secretary of Agri- rates of pay, hours of employment, or other alien lawfully admitted for permanent resi- culture and the Secretary on all regulations terms and conditions of work for agricul- dence, or any other alien, who is authorized to implement the duties of the Secretary of

VerDate Aug 31 2005 08:40 May 25, 2007 Jkt 059060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.152 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6665 Labor under this Act and the amendments (2) by renumbering paragraph (2) as para- (6) agree to such other terms as the Sec- made by this Act. graph (3), and renumbering all subsequent retary of State considers appropriate and (d) DEADLINE FOR ISSUANCE OF REGULA- paragraphs accordingly, and inserting the necessary. TIONS.—All regulations to implement the du- following as paragraph (2): SEC. 411. COMPLIANCE INVESTIGATORS. ties of the Secretary, the Secretary of State, ‘‘(2) MARKET-BASED ADJUSTMENT.—With re- (a) The Secretary of Labor, subject to the and the Secretary of Labor created under spect to the numerical limitation set in sub- availability of appropriations for such pur- paragraph (A)(ii), (B)(ii), or (D)(ii) of para- sections 218C, 218D, 218E, 218F, and 218G of pose, shall increase, by not less than 200 per graph (1)— the Immigration and Nationality Act, as year for each of the five fiscal years after the amended or added by section 404 of this Act, ‘‘(A) if the total number of visas allocated for that fiscal year are allotted within the date of enactment of [name of bill], the num- shall take effect on the effective date of sec- ber of positions for compliance investigators tion 404 and shall be issued not later than first half of that fiscal year, then an addi- tional 15 percent of the allocated number and attorneys dedicated to the enforcement year after the date of enactment of this Act, of labor standards, including those contained or the date such regulations are promul- shall be made available immediately and the allocated amount for the following fiscal in sections 218A, 218B, and 218C, the Fair gated, whichever is sooner. year shall increase by 15 percent of the origi- Labor Standards Act of 1938 (29 U.S.C. 201 et SEC. 407. REPORTS TO CONGRESS. nal allocated amount in the prior fiscal year; seq.) and the Occupational Safety and Health (a) ANNUAL REPORT.—Not later than Sep- ‘‘(B) if the total number of visas allocated Act of 1970 (29 U.S.C. 651 et seq.) in geo- tember 30 of each year, the Secretary shall for that fiscal year are allotted within the graphic and occupational areas in which a submit report to Congress that identifies, for second half of that fiscal year, then the allo- high percentage of workers are Y non- the previous year— cated amount for the following fiscal year immigrants. (1) the number of job opportunities ap- shall increase by 10 percent of the original SEC. 412. STANDING COMMISSION ON IMMIGRA- proved for employment of aliens admitted allocated amount in the prior fiscal year; TION AND LABOR MARKETS. under section 101(a)(15)(H)(ii)(a) of the Immi- and (a) ESTABLISHMENT OF COMMISSION.— gration and Nationality Act (8 U.S.C. ‘‘(C) with the exception of the first subse- (1) IN GENERAL.—There is established an 1101(a)(15)(H)(ii)(a)), and the number of work- quent fiscal year to the fiscal year in which independent Federal agency within the Exec- ers actually admitted, disaggregated by the program is implemented, if fewer visas utive Branch to be known as the Standing State and by occupation; were allotted the previous fiscal year than Commission on Immigration and Labor Mar- (2) the number of such aliens reported to the number of visas allocated for that year kets (referred to in this section as the ‘‘Com- have abandoned employment pursuant to and the reason was not due to processing mission’’). subsection 218E(e)(2) of such Act; delays or delays in promulgating regula- [(2) PURPOSES.—The purposes of the Com- (3) the number of such aliens who departed tions, then the allocated amount for the fol- mission are— the United States within the period specified lowing fiscal year shall decrease by 10 per- (A) to study nonimmigrant programs and in subsection 218E(d) of such Act; cent of the allocated amount in the prior fis- the numerical limits imposed by law on ad- (4) the number of aliens who applied for ad- cal year.’’ mission of nonimmigrants; justment of status pursuant to section 623; (3) in paragraph (9)(A)—‘‘By striking ‘‘an (B) to study the numerical limits imposed (5) the number of such aliens whose status alien who has already been counted toward by law on immigrant visas; was adjusted under section 623; the numerical limitation of paragraph (i)(B) (C) to study the allocation of immigrant during fiscal year 2004, 2005, or 2006 shall not (6) the number of aliens who applied for visas through the merit-based system; be again be counted toward such limitation permanent residence pursuant to section (D) to make recommendations to the Presi- during fiscal year 2007.’’ and inserting ‘‘an 214A(j) of the Immigration and Nationality dent and Congress with respect to such pro- alien who has been present in the United Act, as amended by 623(b); and grams.] States as an H–2B nonimmigrant during any (7) the number of such aliens who were ap- (3) MEMBERSHIP.—The Commission shall be 1 of 3 fiscal years immediately preceding the proved for permanent residence pursuant to composed of— fiscal year of the approved start date of a pe- section 214A(j) of the Immigration and Na- (A) 6 voting members— tition for a nonimmigrant worker described tionality Act, as amended by 623(b). (i) who shall be appointed by the President, in Section 101(a)(15)(H)(ii)(b) shall not be (b) IMPLEMENTATION REPORT.—Not later with the advice and consent of the Senate, counted toward such limitation for the fiscal than 180 days after the date of the enactment not later than 6 months after the establish- year in which the petition is approved. Such of this Act, the Secretary shall prepare and ment of the Y Nonimmigrant Worker Pro- submit to Congress a report that describes alien shall be considered a returning work- er.’’. gram; the measures being taken and the progress (ii) who shall serve for 3-year staggered made in implementing this Act. SEC. 410. REQUIREMENTS FOR PARTICIPATING COUNTRIES. terms, which can be extended for 1 additional SEC. 408. EFFECTIVE DATE. (a) IN GENERAL—The Secretary of State, in 3-year term; Except as otherwise provided, sections 404 cooperation with the Secretary and the At- (iii) who shall select a Chair from among and 405 shall take effect 1 year after the date torney General, may, as a condition of au- the voting members to serve a 2-year term, of the enactment of this Act, or the date thorizing the grant of nonimmigrant visas which can be extended for 1 additional 2-year such regulations are promulgated, whichever for Y nonimmigrants who are citizens or na- term; is sooner. tionals of any foreign country, negotiate (iv) who shall have expertise in economics, SEC. 409. NUMERICAL LIMITATIONS. with each such country to enter into a bilat- demography, labor, business, or immigration Section 214(g) of the Act (8 U.S.C. 1184(g)) eral agreement with the United States that or other pertinent qualifications or experi- is amended— conforms to the requirements under sub- ence; (1) in paragraph (1)— section (b). (v) who may not be an employee of the (A) by striking ‘‘(beginning with fiscal (b) Requirements of Bilateral Agree- Federal Government or of any State or local year 1992)’’; ments—It is the sense of Congress that each government; and (B) by striking subparagraph (B) and in- agreement negotiated under subsection (a) (vi) not more than 3 of whom may be mem- serting the following: shall require the participating home country bers of the same political party. ‘‘(B) under section 101(a)(15)(Y)(i), may not to— (B) 7 ex-officio members, including— exceed— (1) accept the return of nationals who are (i) the Secretary; ‘‘(i) 400,000 for the first fiscal year in which ordered removed from the United States (ii) the Secretary of State; the program is implemented; within 3 days of such removal; (iii) the Attorney General; ‘‘(ii) in any subsequent fiscal year, subject (2) cooperate with the United States Gov- (iv) the Secretary of Labor; to clause (iii), the number for the previous ernment to— (v) the Secretary of Commerce; fiscal year as adjusted in accordance with (A) identify, track, and reduce gang mem- (vi) the Secretary of Health and Human the method set forth in paragraph (2); and. bership, violence, and human trafficking and Services; and ‘‘(iii) 600,000 for any fiscal year; or smuggling; and (vii) the Secretary of Agriculture. (8) control illegal immigration; ‘‘(C) under section 101(a)(15)(Y)(iii), may (4) VACANCIES.—Any vacancy in the Com- (3) provide the United States Government not exceed twenty percent of the annual mission shall be filled in the same manner as with— limit on admissions of aliens under section (A) passport information and criminal the original appointment. 101(a)(15)(Y)(i) for that fiscal year; or records of aliens who are seeking admission (5) MEETINGS.— ‘‘(D) under section 101(a)(15)(Y)(ii)(II), may to, or are present in, the United States; and (A) INITIAL MEETING.—The Commission not exceed— (B) admission and entry data to facilitate shall meet and begin carrying out the duties ‘‘(i) 100,000 for the first fiscal year in which United States entry-exit data systems; described in subsection (b) as soon as prac- the program is implemented; (4) educate nationals of the home country ticable. ‘‘(ii) in any subsequent fiscal year, subject regarding United States temporary worker (B) SUBSEQUENT MEETINGS.—After its ini- to clause (iii), the number for the previous programs to ensure that such nationals are tial meeting, the Commission shall meet at fiscal year as adjusted in accordance with not exploited; and least once per quarter upon the call of the the method set forth. in paragraph (2); and (5) evaluate means to provide housing in- Chair or majority of its members. ‘‘(iii) 200,000 for any fiscal year.’’; centives in the alien’s home country for re- (C) QUORUM.—Four voting members of the and turning workers; and Commission shall constitute a quorum.

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(b) DUTIES OF THE COMMISSION.—The Com- (3) CONSULTANT SERVICES.—The Commis- dent of Mexico in 2001, which aims to boost mission shall— sion may procure the services of experts and the social and economic standards of Mexi- (1) examine and analyze— consultants in accordance with section 3109 can citizens, particularly in regions where (A) the development and implementation of title 5, United States Code, at rates not to economic growth has lagged and emigration of the programs; exceed the daily rate paid a person occu- has increased. (B) the criteria for the admission of non- pying a position at level IV of the Executive (10) The Presidents of Mexico and the immigrant workers; Schedule under section 5315 of such title 5. United States and the Prime Minister of (C) the formula for determining the annual (e) COMPENSATION AND TRAVEL EXPENSES.— Canada, at their trilateral summit on March numerical limitations of nonimmigrant (1) COMPENSATION.—Each voting member of 23, 2005, agreed to promote economic growth, workers; the Commission may be compensated at a competitiveness, and quality of life in the (D) the impact of nonimmigrant workers rate not to exceed the daily equivalent of the agreement on Security and Prosperity Part- on immigration; annual rate of basic pay in effect for a posi- nership of North America. (E) the impact of nonimmigrant workers tion at level IV of the Executive Schedule (b) SENSE OF CONGRESS REGARDING PART- on the economy, unemployment rate, wages, under section 5315 of title 5, United States NERSHIP FOR PROSPERITY.—It is the sense of workforce, and businesses of the United Code, for each day during which that mem- Congress that the United States and Mexico States; ber is engaged in the actual performance of should accelerate the implementation of the (F) the numerical limits imposed by law on the duties of the Commission. Partnership for Prosperity to help generate immigrant visas and its effect on the econ- (2) TRAVEL EXPENSES.—Members of the economic growth and improve the standard omy, unemployment rate, wages, workforce, Commission shall be allowed travel expenses, of living in Mexico, which will lead to re- and businesses of the United States; including per diem in lieu of subsistence, duced migration, by— (G) the allocation of immigrant visas under section 5703(b) of title 5, United States (1) increasing access for poor and under through the evaluation system established Code, while away from their homes or reg- served populations in Mexico to the financial by Title V of this Act; and ular places of business in the performance of services sector, including credit unions; (F) any other matters regarding the pro- services for the Commission. (2) assisting Mexican efforts to formalize grams that the Commission considers appro- (f) FUNDING.—Fees and fines deposited into its extra-legal sector, including the issuance priate; of formal land titles, to enable Mexican citi- (2) not later than 18 months after the date the Temporary Worker Program Account under section 286(w) of the Immigration and zens to use their assets to procure capital; of enactment, and every year thereafter, sub- (3) facilitating Mexican efforts to establish mit a report to the President and Congress Nationality Act, as added by section 402 of [name of the Act], may be used by the Com- an effective rural lending system for small- that— and medium-sized farmers that will— (A) contains the findings of the analysis mission to carry out its duties under this section. (A) provide long term credit to borrowers; conducted under paragraph (1); (B) develop a viable network of regional (B) makes recommendations regarding the SEC. 412. AGENCY REPRESENTATION AND CO- and local intermediary lending institutions; necessary adjustments to the programs stud- ORDINATION. and ied to meet the labor market needs of the Section 274A(e) (8 U.S.C. 1324a(e) is amend- (C) extend financing for alternative rural United States; and ed— economic activities beyond direct agricul- (C) makes other recommendations regard- (1) in paragraph (2)— tural production; ing the programs, including legislative or ad- (A) in subparagraph (A), by striking the (4) expanding efforts to reduce the trans- ministrative action, that the Commission comma at the end and inserting a semicolon; action costs of remittance flows in order to determines to be in the national interest. (B) in subparagraph (B), by striking ‘‘,and’’ increase the pool of savings available to help (c) INFORMATION AND ASSISTANCE FROM and inserting a semicolon; finance domestic investment in Mexico; FEDERAL AGENCIES.— (C) in subparagraph (C), by striking ‘‘para- (5) encouraging Mexican corporations to (1) INFORMATION.—The head of any Federal graph (2).’’ and inserting ‘‘paragraph (1); adopt internationally recognized corporate department or agency that receives a request and’’; and governance practices, including from the Commission for information, in- (D) by inserting after subparagraph (C) the anticorruption and transparency principles; cluding suggestions, estimates, and statis- following: (6) enhancing Mexican efforts to strength- tics, as the Commission considers necessary ‘‘(D) United States Immigration and Cus- en governance at all levels, including efforts to carry out the provisions of this section, toms Enforcement officials may not mis- to improve transparency and accountability, shall furnish such information to the Com- represent to employees or employers that and to eliminate corruption, which is the mission, to the extent allowed by law. they are a member of any agency or organi- single biggest obstacle to development; (2) ASSISTANCE.— zation that provides domestic violence serv- (7) assisting the Government of Mexico in (A) GENERAL SERVICES ADMINISTRATION.— ices, enforces health and safety law, provides implementing all provisions of the Inter- The Administrator of General Services shall, health care services, or any other services American Convention Against Corruption on a reimbursable basis, provide the Com- intended to protect life and safety.’’ (ratified by Mexico on May 27, 1997) and urg- mission with administrative support and SEC. 413. BILATERAL EFFORTS WITH MEXICO TO ing the Government of Mexico to participate other services for the performance of the REDUCE MIGRATION PRESSURES fully in the Convention’s formal implemen- Commission’s functions. AND COSTS. tation monitoring mechanism; (B) OTHER FEDERAL AGENCIES.—The depart- (a) FINDINGS.—Congress makes the fol- (8) helping the Government of Mexico to ments and agencies of the United States may lowing findings: strengthen education and training opportu- provide the Commission with such services, (1) Migration from Mexico to the United nities throughout the country, with a par- funds, facilities, staff, and other support States is directly linked to the degree of eco- ticular emphasis on improving rural edu- services as the heads of such departments nomic opportunity and the standard of living cation; and and agencies determine advisable and au- in Mexico. (9) encouraging the Government of Mexico thorized by law. (2) Mexico comprises a prime source of mi- to create incentives for persons who have mi- (d) PERSONNEL MATTERS.— gration to the United States. grated to the United States to return to (1) STAFF.— (3) Remittances from Mexican citizens Mexico. (A) APPOINTMENT AND COMPENSATION.—The working in the United States reached a (c) SENSE OF CONGRESS REGARDING BILAT- Chair, in accordance with rules agreed upon record high of nearly $17,000,000,000 in 2004. ERAL PARTNERSHIP ON HEALTH CARE.—It is by the Commission, may appoint and fix the (4) Migration patterns may be reduced the sense of Congress that the Government compensation of a staff director and such from Mexico to the United States by address- of the United States and the Government of other personnel as may be necessary to en- ing the degree of economic opportunity Mexico should enter into a partnership to ex- able the Commission to carry out its func- available to Mexican citizens. amine uncompensated and burdensome tions. (5) Many Mexican assets are held extra-le- health care costs incurred by the United (B) FEDERAL EMPLOYEES.— gally and cannot be readily used as collat- States due to legal and illegal immigration, (i) IN GENERAL.—Except as provided under eral for loans. including— clause (ii), the executive director and any (6) A majority of Mexican businesses are (1) increasing health care access for poor personnel of the Commission who are em- small or medium size with limited access to and under served populations in Mexico; ployees shall be considered to be employees financial capital. (2) assisting Mexico in increasing its emer- under section 2105 of title 5, United States (7) These factors constitute a major im- gency and trauma health care facilities Code, for purposes of chapters 63, 81, 83, 84, pediment to broad-based economic growth in along the border, with emphasis on expand- 85, 87, 89, and 90 of such title. Mexico. ing prenatal care in the United States-Mex- (ii) COMMISSION MEMBERS.—Clause (i) shall (8) Approximately 20 percent of Mexico’s ico border region; not apply to members of the Commission. population works in agriculture, with the (3) facilitating the return of stable, inca- (2) DETAILEES.—Any employee of the Fed- majority of this population working on small pacitated workers temporarily employed in eral Government may be detailed to the farms and few on large commercial enter- the United States to Mexico in order to re- Commission without reimbursement from prises. ceive extended, long-term care in their home the Commission. Such detailee shall retain (9) The Partnership for Prosperity is a bi- country; and the rights, status, and privileges of his or her lateral initiative launched jointly by the (4) helping the Government of Mexico to regular employment without interruption. President of the United States and the Presi- establish a program with the private sector

VerDate Aug 31 2005 08:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.187 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6667 to cover the health care needs of Mexican na- partment of Homeland Security or the De- try of nationality, who is described in clause tionals temporarily employed in the United partment of Labor, or any inherently gov- (i), except that the alien’s actual course of States. ernmental work generated by the require- study may involve distance learning pro- SEC. 414. WILLING WORKER-WILLING EMPLOYER ments of this legislation, shall continue to gram, for which the alien is temporarily vis- ELECTRONIC DATABASE. be performed by federal employees, and any iting the United States for a period not to (a) ELECTRONIC JOB REGISTRY LINK.— current commercial work, or new commer- exceed 30 days;’’. (1) The Secretary of Labor shall establish a cial work generated by the requirements of (b) OFF CAMPUS WORK AUTHORIZATION FOR publicly accessible Web page on the internet this legislation, that is subject to public-pri- FOREIGN STUDENTS— website of the Department of Labor that pro- vate competition under OMB Circular A–76 (1) IN GENERAL.—An alien admitted as a vides a single Internet link to each State or any other relevant law shall continue to nonimmigrant student described in section workforce agency’s statewide electronic reg- be subject to public-private competition. 101(a)(15)(F) of the Immigration and Nation- istry of jobs available throughout the United SEC. 417. FEDERAL RULEMAKING REQUIRE- ality Act (8 U.S.C. 1101(a)(15)(F)) may be em- States to United States workers. MENTS. ployed in an off-campus position unrelated (2) The Secretary of Labor shall promul- (a) The Secretaries of Labor and Homeland to the alien’s field of study if— gate regulations regarding the maintenance Security shall each issue an interim final (A) the alien has enrolled full-time at the of electronic job registry records by the em- rule within six months of the date of enact- educational institution and is maintaining ployer for the purpose of audit or investiga- ment of this subtitle to implement this title good academic standing; tions. and the amendments made by this title. (B) the employer provides the educational (3) The Secretary of Labor shall ensure Each such interim final rule shall become ef- institution and the Secretary of Labor with that job opportunities advertised on a State fective immediately upon publication in the an attestation that the employer— (i) has spent at least 21 days recruiting workforce agency statewide electronic job Federal Register. Each such interim final United States workers to fill the position; registry established under this section are rule shall sunset two years after issuance un- and accessible— less the relevant Secretary issues a final rule (ii) will pay the alien and other similarly (A) by the State workforce agencies, which within two years of the issuance of the in- situated workers at a rate equal to not less may further disseminate job opportunity in- terim final rule. than the greater of— formation to interested parties; and. (b) The exemption provided under sub- (I) the actual wage level for the occupation (B) through the internet, for access by section (a) shall sunset no later than two at the place of employment; or workers, employers, labor organizations and years after the date of enactment of this (II) the prevailing wage level for the occu- other interested parties. title, provided that, such sunset shall not be pation in the area of employment; and (4) The Secretary of Labor may work with construed to impose any requirements on, or (C) the alien will not be employed more private companies and nonprofit organiza- affect the validity of, any rule issued or than— tions in the development and operation of other action taken by either Secretary under (i) 20 hours per week during the academic the job registry link and system under para- such exemption. term; or graph (1). Subtitle C—Nonimmigrant Visa Reform (ii) 40 hours per week during vacation peri- (b) ELECTRONIC REGISTRY OF CERTIFIED AP- ods and between academic terms. SEC. 418. STUDENT VISAS PLICATIONS.— (2) DISQUALIFICATION.—If the Secretary of (1) The Secretary of Labor shall compile, (a) IN GENERAL.—Section 101(a)(15)(F) of Labor determines that an employer has pro- on a current basis, a registry (by employer the Immigration and Nationality Act (8 vided an attestation under paragraph (1)(B) and by occupational classification) of the ap- U.S.C. 1101(a)(15)(F)) is amended— that is materially false or has failed to pay (1) in clause (i)— proved labor certification applications filed wages in accordance with the attestation, (A) by striking ‘‘who is’’ and inserting, under this program. Such registry shall in- the employer, after notice and opportunity ‘‘who is—‘‘(I)’’; clude the wage rate, number of workers for hearing, may be disqualified for a period (B) by striking ‘‘consistent with section sought, period of intended employment, and of no more than 5 years from employing an 214(l)’’ and inserting ‘‘consistent with sec- date of need. The Secretary of Labor shall alien student under paragraph (1). tion 214(m)’’; make such registry publicly available (3) SOCIAL SECURITY.—Any employment en- (C) by striking the comma at the end and through an Internet website. gaged in by a student pursuant to paragraph inserting the following: ‘‘; or (2) The Secretary of Labor may consult (1) of this subsection shall, for purposes of ‘‘(II) engaged in temporary employment with the Secretary of Homeland Security, section 210 of the Social Security Act (42 for optional practical training for an aggre- and others as appropriate, in the establish- U.S.C. 410) and section 3121 of the Internal gate period of not more a than 24 months and ment of the registry described in paragraph Revenue Code (26 U.S.C. 3121), not be consid- related to such alien’s major area of study, (1) to ensure its compatibility with any sys- ered to be for a purpose related to section where such alien has been lawfully enrolled tem designed to track nonimmigrant em- 101(a)(15)(F) of the Immigration and Nation- on a full time basis as a nonimmigrant under ployment that is operated and maintained by ality Act. clause (i) or (iv) at a college, university, con- the Secretary of Homeland Security. (c) CLARIFYING THE IMMIGRANT INTENT PRO- servatory, or seminary described in sub- (3) The Secretary of Labor shall ensure VISION.—Subsection (b) of section 214 of the clause (i)(I) for one full academic year and that job opportunities advertised on the elec- Immigration and Nationality Act (8 U.S.C. such employment occurs: tronic job registry established under this 1184(b)) is amended— ‘‘(aa) during the student’s annual vacation subsection are accessible by the State work- (1) by striking the parenthetical phrase and at other times when school is not in ses- force agencies, which may further dissemi- ‘‘(other than nonimmigrant described in sub- sion, if the student is currently enrolled, and nate job opportunity information to other paragraph (L) or (V) of section 101(a)(15), and is eligible for registration and intends to reg- interested parties. other than a nonimmigrant described in any ister for the next term or session; SEC. 415. ENUMERATION OF SOCIAL SECURITY provision of section 101(a)(15)(H)(i) except ‘‘(bb) while school is in session, provided subclause (b1) of such section)’’ in the first NUMBER. that practical training does not exceed 20 The Secretary of Homeland Security, in sentence; and hours a week while school is in session; or (2) by striking ‘‘under section 101(a)(15)’’ coordination with the Commissioner of the ‘‘(cc) within a 26-month period after com- Social Security Administration, shall imple- and inserting in its place ‘‘under the immi- pletion of all course requirements for the de- gration laws.’’. ment a system to allow for the prompt enu- gree (excluding thesis or equivalent);’’; and meration of a Social Security number after (d) GRANTING DUAL INTENT TO CERTAIN (D) by striking ‘‘Attorney General’’ the NONIMMIGRANT STUDENTS.—Subsection (h) of the Secretary of Homeland Security has two times that phrase appears and inserting granted an alien Y nonimmigrant status. section 214 of the Immigration and Nation- ‘‘Secretary of Homeland Security’’. ality Act (8 U.S.C. 1184(h)) is amended— SEC. 416. CONTRACTING. (2) in clause (ii)— (1) by inserting ‘‘(F)(iv),’’ following Nothing in this section shall be construed (A) by inserting ‘‘or (iv)’’ after ‘‘clause (i)’’; ‘‘(H)(i)(b) or (c),’’; and to limit the authority of the Secretary of and (2) by striking ‘‘if the alien had obtained a Homeland Security or Secretary of Labor to (B) by striking ‘‘, and’’ and inserting a change of status’’ and inserting in its place contract with or license United States enti- semicolon; and ‘‘if the alien had been admitted as, provided ties, as provided for in regulation, to imple- (3) by adding at the end the following: status as, or obtained a change of status’’; ment any provision of this title, either en- ‘‘(iv) an alien described in clause (i), except SEC. 419. H–1B STREAMLINING AND SIMPLIFICA- tirely or in part, to the extent that each Sec- that the alien is not required to have a resi- TION retary in his discretion determines that such dence in a foreign country that the alien has (a) H–1B AMENDMENTS.—Section 214(g) of implementation is feasible, cost-effective, no intention of abandoning, who has been ac- the Immigration and Nationality Act (8 secure, and in the interest of the United cepted at and plans to attend an accredited U.S.C. 1184(g)) is amended— States. However, nothing in this provision graduate program in mathematics, engineer- (1) in paragraph (1) by deleting clauses (i) shall be construed to alter or amend any of ing, information technology, or the natural through (vii) of subparagraph (A) and insert- the requirements of OMB Circular A–76 or sciences in the United States for the purpose ing in their place— any other current law governing federal con- of obtaining an advanced degree; and ‘‘(i) 115,000 in fiscal year 2008; tracting. Any inherently governmental work ‘‘(v) an alien who maintains actual resi- ‘‘(ii) in any subsequent fiscal year, subject already performed by employees of the De- dence and place of abode in the alien’s coun- to clause (iii), the number for the previous

VerDate Aug 31 2005 08:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.188 S24MYPT1 bajohnson on PRODPC74 with SENATE S6668 CONGRESSIONAL RECORD — SENATE May 24, 2007 fiscal year as adjusted in accordance with time as a final decision is made on the ‘(K) The employer’. the method set forth in paragraph (2); and alien’s lawful permanent residence.’’ (d) LIMIT ON PERCENTAGE OF H–1B EMPLOY- ‘‘(iii) 180,000 for any fiscal year; or’’ (2) Sections 106(a) and 106(b) of the Amer- EES—Section 212(n)(1) of such Act, as amend- (2) in paragraph (9), as renumbered by Sec- ican Competitiveness in the Twenty-First ed by this section, is further amended by in- tion 405— Century Act of 2000—Immigration Services serting after subparagraph (H), as added by (A) by striking ‘‘The annual numeric limi- and Infrastructure Improvements Act of 2000, subsection (d)(l), the following: tations described in clause (i) shall not ex- Public Law 106–313, are hereby repealed. ‘(1) If the employer employs not less than ceed’’ from subclause (ii) of subparagraph (B) SEC. 420. H–1B EMPLOYER REQUIREMENTS 50 employees in the United States, not more and inserting the following: ‘‘Without re- (a) APPLICATION OF NONDISPLACEMENT AND than 50 percent of such employees are H–1B spect to the annual numeric limitation de- GOOD FAITH RECRUITMENT REQUIREMENTS TO nonimmigrants.’. scribed in clause (i), the Secretary may issue ALL H–1B EMPLOYERS— SEC. 421. H–1B GOVERNMENT AUTHORITY AND a visa or otherwise grant nonimmigrant sta- (1) AMENDMENTS.—Section 212(n) of the Im- REQUIREMENTS. tus pursuant to section 1101(a)(15)(H)(i)(b) in migration and Nationality Act (8 U.S.C. (a) SAFEGUARDS AGAINST FRAUD AND MIS- the following quantities:’’; 1182(n)) is amended— REPRESENTATION IN APPLICATION REVIEW (B) by striking subparagraphs (B)(iv); and (A) in paragraph (1)— PROCESS.—Section 212(n)(1)(K) of the Immi- (C) by striking subparagraph (D). (i) in subparagraph (E); gration and Nationality Act, as redesignated (b) REQUIRING A DEGREE.—Paragraph (2) of (I) in clause (i), by striking ‘‘(E)(i) In the by section 2(d)(2), is amended— section 214(i) of the Immigration and Nation- case of an application described in clause (1) by inserting ‘‘and through the Depart- ality Act (8 U.S.C. 1184(i)) is amended— (ii), the’’ and inserting ‘‘(E) The’’; ‘‘and’’ ment of Labor’s website, without charge.’’ (1) by deleting the comma at the end of (II) by striking clause (ii); after ‘D.C.’; subparagraph (A) and inserting in its place ‘‘; (ii) in subparagraph (F), by striking ‘In the (2) by inserting ‘clear indicators of fraud, and’’; and case of’ and all that follows through ‘where— misrepresentation of material fact,’ after (2) by striking subparagraphs (B) and (C) ’ and inserting the following: ‘[The employer ‘completeness’; and inserting the following: will not place the nonimmigrant with an- (3) by striking ‘or obviously inaccurate’ ‘‘(B) attainment of a bachelor’s or higher other employer if—’; and and inserting ‘, presents clear indicators of degree in the specific specialty from an edu- (iii) in subparagraph (G), by striking ‘In fraud or misrepresentation of material fact, cational institution in the United States ac- the case of an application described in sub- or is obviously inaccurate’; credited by nationally recognized accred- paragraph (E)(ii), subject’ and inserting (4) by striking ‘within days of’ and insert- iting agency or association (or an equivalent ‘Subject’; ing ‘not later than 14 days after’; and degree from foreign educational institution (B) in paragraph (2)— (5) by adding at the end the following: ‘If that is equivalent to such an institution) as (i) in subparagraph (E), by striking ‘If an the Secretary’s review of an application a minimum for entry into the occupation in H–1B-dependent employer’ and inserting ‘If identifies clear indicators of fraud or mis- the United States.’’ an employer that employs H–1B non- representation of material fact, the Sec- (c) PROVISION OF W–2 FORMS.—Section immigrants’; and retary may conduct an investigation and 214(g)(5) of the Immigration and Nationality (ii) in subparagraph (F), by striking ‘The hearing under paragraph (2). Act (8 U.S.C. 1184(g)(5)), as renumbered by preceding sentence shall apply to an em- (b) Investigations by Department of Section 405, is amended to read as follows: ployer regardless of whether or not the em- Labor—Section 212(n)(2) of such Act is ‘‘(5) In the case of a nonimmigrant de- ployer is an H–1B-dependent employer.’; and amended— scribed in section 1101(a)(15)(H)(i)(b) of this (C) by striking paragraph (3). (1) in subparagraph (A)— title— (2) EFFECTIVE DATE.—The amendments (A) by striking ‘12 months’ and inserting ‘‘(A) The period of authorized admission as made by paragraph (1) shall apply to applica- ‘24 months’; and such a nonimmigrant may not exceed six tions filed on or after the date of the enact- (B) by striking ‘The Secretary shall con- years; [Provided that, this provision shall ment of this Act. duct’ and all that follows and inserting (b) NONDISPLACEMENT REQUIREMENT.— not apply to such a nonimmigrant who has ‘Upon the receipt of such a complaint, the (i) EXTENDING TIME PERIOD FOR NON- filed a petition for an immigrant visa under Secretary may initiate an investigation to DISPLACEMENT.—Section 212(n) of such Act, section 203(b)(1), if 365 days or more have determine if such a failure or misrepresenta- as amended by subsection (a), is further elapsed since filing and it has not been de- tion has occurred.’; amended— nied, in which case the Secretary of Home- (2) in subparagraph (C)(i)— land Security may extend the stay of an (A) in paragraph (1)— (i) in subparagraph (E), by striking ‘90 (A) by striking ‘a condition of paragraph alien in one-year increments until such time days’ each place it appears and inserting ‘180 (1)(B), (1)(E), or (1)(F)’ and inserting ‘a condi- as a final decision is made on the alien’s law- days’; tion under subparagraph (B), (C)(i), (E), (F), ful permanent residence]; (ii) in subparagraph (F)(ii), by striking ‘90 (H), (I), or (J) of paragraph (1)’; and ‘‘(B) If the alien is granted an initial period days’ each place it appears and inserting ‘180 (B) by striking ‘(1)(C)’ and inserting of admission less than six years, any subse- days’; and ‘(1)(C)(ii)’; quent application for an extension of stay for (B) in paragraph (2)(C)(iii), by striking ‘90 (3) in subparagraph (G)— such alien must include the Form W–2 Wage days’ each place it appears and inserting ‘180 (A) in clause (i), by striking ‘if the Sec- and Tax Statement filed by the employer for days’. retary’ and all that follows and inserting such employee, and such other form or infor- (2) EFFECTIVE DATE.—The amendments ‘with regard to the employer’s compliance mation relating to such employment as the made by paragraph (1)— with the requirements of this subsection.’; Secretary of Homeland Security may in his (A) shall apply to applications filed on or (B) in clause (ii), by striking ‘and whose discretion specify, with respect to such non- after the date of the enactment of this Act; identity’ and all that follows through ‘fail- immigrant alien employee for the period of and ure or failures.’ and inserting ‘the Secretary admission granted to the alien. (B) shall not apply to displacements for pe- of Labor may conduct an investigation into ‘‘(C) Notwithstanding section 6103 of title riods occurring more than 90 days before the employer’s compliance with the require- 26, United States Code, or any other law, the such date. ments of this subsection.’; Commissioner of Internal Revenue or the (c) H–1B Nonimmigrants Not Admitted for (C) in clause (iii), by striking the last sen- Commissioner of the Social Security Admin- Jobs Advertised or Offered Only to H–1B tence; istration shall upon request of the Scretary Nonimmigrants—Section 212(n)(1) of such (D) by striking clauses (iv) and (v); confirm whether the Form W–2 Wage and Act, as amended by this section, is further (E) by redesignating clauses (vi), (vii), and Tax Statement filed by the employer under amended— (viii) as clauses (iv), (v), and (vi), respec- clause (i) matches a Form W–2 Wage and Tax (1) by inserting after subparagraph (G) the tively; Statement filed with the Internal Revenue following: (F) in clause (iv), as redesignated, by strik- Service or the Social Security Administra- (H)(i) The employer has not advertised the ing ‘‘meet a condition described in clause tion, as the case may be.’’ available jobs specified in the application in (ii), unless the Secretary of Labor receives (d) EXTENSION OF H–1B STATUS FOR MERIT- an advertisement that states or indicates the information not later than 12 months’ BASED ADJUSTMENT APPLICANTS.— that— and inserting ‘‘comply with the require- (1) Section 214(g)(4) of the Immigration and ‘(I) the job or jobs are only available to ments under this subsection, unless the Sec- Nationality Act (8 U.S.C. 1184(g)(4)) is persons who are or who may become H–1B retary of Labor receives the information not amended by inserting before the period: nonimmigrants; or later than 24 months’’; ‘‘; Provided that, this provision shall not ‘(II) persons who are or who may become (G) by amending clause (v), as redesig- apply to such a nonimmigrant who has filed H–1B nonimmigrants shall receive priority nated, to read as follows: a petition for an immigrant visa accom- or a preference in the hiring process. ‘‘(v) The Secretary of Labor shall provide panied by qualifying employer recommenda- ‘(ii) The employer has not only recruited notice to an employer of the intent to con- tion under section 203(b)(1), if 365 days or persons who are, or who may become, H–1B duct an investigation. The notice shall be more have elapsed since filing and it has not nonimmigrants to fill the job or jobs.’; and provided in such a manner, and shall contain been denied, in which case the Secretary of (2) in the undesignated paragraph at the sufficient detail, to permit the employer to Homeland Security may extend the stay of end, by striking ‘The employer’ and insert- respond to the allegations before an inves- an alien in one-year increments until such ing the following: tigation is commenced. The Secretary is not

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.190 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6669 required to comply with this clause if the ‘‘(i) a brochure outlining the employer’s ‘‘(iv) For purposes of determining the eligi- Secretary determines that such compliance obligations and the employee’s rights under bility of an alien for classification under sec- would interfere with an effort by the Sec- Federal law, including labor and wage pro- tion 101(a)(15)(L), the Secretary of Homeland retary to investigate or secure compliance tections; and Security shall work cooperatively with the by the employer with the requirements of ‘‘(ii) the contact information for Federal Secretary of State to verify a company or fa- this subsection. A determination by the Sec- agencies that can offer more information or cility’s existence in the United States and retary under this clause shall not be subject assistance in clarifying employer’s obliga- abroad.’’. to judicial review.’’. tions and workers’ rights.’’. (b) INVESTIGATIONS AND AUDITS BY DEPART- (H) in clause (vi), as redesignated, by strik- SEC. 422. L–1 VISA FRAUD AND ABUSE PROTEC- MENT OF HOMELAND SECURITY.— ing ‘‘An investigation’’ and all that follows TIONS (1) DEPARTMENT OF HOMELAND SECURITY IN- through ‘‘the determination.’’ and inserting (a) IN GENERAL.—Section 214(c)(2) of the VESTIGATIONS.—Section 214(c)(2) of such Act, ‘‘If the Secretary of Labor, after an inves- Immigration and Nationality Act (8 U.S.C. as amended by this section, is further tigation under clause (i) or (ii), determines 1184(c)(2)) is amended— amended by adding at the end the following: that a reasonable basis exists to make a find- (1) by striking ‘‘Attorney General’’ each ‘‘(I)(i) The Secretary of Homeland Security ing that the employer has failed to comply place it appears and inserting ‘‘Secretary of may initiate an investigation of any em- with the requirements under this subsection, Homeland Security’’; ployer that employs nonimmigrants de- the Secretary shall provide interested par- (2) in subparagraph (E), by striking ‘‘In the scribed in section 101(a)(15)(L) with regard to ties with notice of such determination and case of an alien spouse admitted under sec- the employer’s compliance with the require- an opportunity for a hearing in accordance tion 101(a)(15)(L), who’’ and inserting ‘‘Ex- ments of this subsection. with section 556 of title 5, United States cept as provided in subparagraph (H), if an ‘‘(ii) If the Secretary of Homeland Security Code, not later than 120 days after the date alien spouse admitted under section receives specific credible information from a of such determination.’’; and 101(a)(15)(L)’’; and source who is likely to have knowledge of an (I) by adding at the end the following: ‘‘(3) by adding at the end the following: employer’s practices, employment condi- ‘‘(vii) If the Secretary of Labor, after a ‘‘(G)(i) If the beneficiary of a petition tions, or compliance with the requirements hearing, finds a reasonable basis to believe under this subsection is coming to the under this subsection, the Secretary may that the employer has violated the require- United States to open, or be employed in, a conduct an investigation into the employer’s ments under this subsection, the Secretary new facility, the petition may be approved compliance, with the requirements of this may impose a penalty under subparagraph for up to 12 months only if the employer op- subsection. The Secretary may withhold the (C).’’; and erating the new facility has— identity of the source from the employer, (4) by striking subparagraph (H). ‘‘(I) a business plan; and the source’s identity shall not be subject (c) INFORMATION SHARING BETWEEN DE- ‘‘(II) sufficient physical premises to carry to disclosure under section 552 of title 5. PARTMENT OF LABOR AND DEPARTMENT OF out the proposed business activities; and ‘‘(iii) The Secretary of Homeland Security HOMELAND SECURITY.—Section 212(n)(2) of ‘‘(III) the financial ability to commence shall establish procedure for any person de- such Act, as amended by this section, is fur- doing business immediately upon the ap- siring to provide to the Secretary of Home- ther amended by inserting after subpara- proval of the petition. land Security information described in graph (G) the following: ‘‘(ii) An extension of the approval period clause (ii) that may be used, in whole or in ‘‘(H) The Director of United States Citizen- under clause (i) may not be granted until the part, as the basis for the commencement of ship and Immigration Services shall provide importing employer submits an application an investigation described in such clause, to the Secretary of Labor with any information to the Secretary of Homeland Security that provide the information in writing on a form contained in the materials submitted by H– contains— developed and provided by the Secretary of 1B employers as part of the adjudication ‘‘(I) evidence that the importing employer Homeland Security and completed by or on process that indicates that the employer is meets the requirements of this subsection; behalf of the person. not complying with H–1B visa program re- ‘‘(II) evidence that the beneficiary meets ‘‘(iv) No investigation described in clause quirements. The Secretary may initiate and the requirements under section 101(a)(15)(L); (ii) (or hearing described in clause (vi) based conduct an investigation and hearing under ‘‘(III) a statement summarizing the origi- on such investigation) may be conducted this paragraph after receiving information of nal petition; with respect to information about a failure noncompliance under this subparagraph.’’. ‘‘(IV) evidence that the importing em- to comply with the requirements under this (d) AUDITS.—Section 212(n)(2)(A) of such ployer has fully complied with the business subsection, unless the Secretary of Home- Act, as amended by this section, is further plan submitted under clause (i)(I); land Security receives the information not amended by adding at the end the following: ‘‘(V) evidence of the truthfulness of any later than 24 months after the date of the al- ‘‘The Secretary may conduct surveys of the representations made in connection with the leged failure. degree to which employers comply with the filing of the original petition; ‘‘(v) Before commencing an investigation ‘‘(VI) evidence that the importing em- requirements under this subsection and may of an employer under clause (i) or (ii), the ployer, during the preceding 12 months, has conduct annual compliance audits of em- Secretary of Homeland Security shall pro- been doing business at the new facility ployers that employ H–1B nonimmigrants. vide notice to the employer of the intent to through regular, systematic, and continuous conduct such investigation. The notice shall The Secretary shall conduct annual compli- provision of goods or services, or has other- be provided in such a manner, and shall con- ance audits of not less than 1 percent of the wise been taking commercially reasonable tain sufficient detail, to permit the employer employers that employ H–1B nonimmigrants steps to establish the new facility as a com- to respond to the allegations before an inves- during the applicable calendar year. tigation is commenced. The Secretary is not ‘‘(e) PENALTIES.—Section 212(n)(2)(C) of mercial enterprise; such Act, as amended by this section, is fur- ‘‘(VII) a statement of the duties the bene- required to comply with this clause if the ther amended— ficiary has performed at the new facility dur- Secretary determines that to do so would (1) in clause (i)(I), by striking ‘‘$1,000’’ and ing the preceding 12 months and the duties interfere with an effort by the Secretary to inserting ‘‘$2,000’’; the beneficiary will perform at the new facil- investigate or secure compliance by the em- (2) in clause (ii)(I), by striking ‘‘$5,000’’ and ity during the extension period approved ployer with the requirements of this sub- inserting ‘‘$10,000’’; and under this clause; section. There shall be no judicial review of (3) in clause (vi)(III), by striking ‘‘$1,000’’ ‘‘(VIII) a statement describing the staffing a determination by the Secretary under this and inserting ‘‘$2,000’’. at the new facility, including the number of clause. (f) INFORMATION PROVIDED TO H–1B NON- employees and the types of positions held by ‘‘(vi) If the Secretary of Homeland Secu- IMMIGRANTS UPON VISA ISSUANCE.—Section such employees; rity, after an investigation under clause (i) 212(n) of such Act, as amended by this sec- ‘‘(IX) evidence of wages paid to employees; or (ii), determines that a reasonable basis ex- tion, is further amended by inserting after ‘‘(X) evidence of the financial status of the ists to make a finding that the employer has paragraph (2) the following: new facility; and failed to comply with the requirements ‘‘(3)(A) Upon issuing an H–1B visa to an ap- ‘‘(XI) any other evidence or data prescribed under this subsection, the Secretary shall plicant outside the United States, the by the Secretary. provide interested parties with notice of issuing office shall provide the applicant ‘‘(iii) Notwithstanding subclauses (I) such determination and an opportunity for a with— through (VI) of clause (ii), and subject to the hearing in accordance with section 556 of ‘‘(i) a brochure outlining the employer’s maximum period of authorized admission set title 5, United States Code, not later than 120 obligations and the employee’s rights under forth in subparagraph (D), the Secretary of days after the date of such determination. If Federal law, including labor and wage pro- Homeland Security may approve a petition such a hearing is requested, the Secretary tections; and subsequently filed on behalf of the bene- shall make a finding concerning the matter ‘‘(ii) the contact information for Federal ficiary to continue employment at the facil- by not later than 120 days after the date of agencies that can offer more information or ity described in this subsection for a period the hearing. assistance in clarifying employer obligations beyond the initially granted 12-month period ‘‘(vii) If the Secretary of Homeland Secu- and workers’ rights.’’. if the importing employer demonstrates that rity, after a hearing, finds a reasonable basis ‘‘(B) Upon the issuance of an H–1B visa to the failure to satisfy any of the requirements to believe that the employer has violated the an alien inside the United States, the officer described in those subclauses was directly requirements under this subsection, the Sec- of the Department of Homeland Security caused by extraordinary circumstances be- retary may impose a penalty under section shall provide the applicant with— yond the control of the importing employer. 214(c)(2)(J).’’.

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(2) AUDITS.—Section 214(c)(2)(I) of such ‘‘(L)(i) It is a violation of this subparagrah ‘‘(X) evidence of the financial status of the Act, as added by paragraph (1), is amended for an employer who has filed a petition to new office; and by adding at the end the following: import 1 or more aliens as nonimmigrants ‘‘(XI) any other evidence or data prescribed ‘‘(viii) The Secretary of Homeland Secu- described in section 101(a)(15)(L) to take, fail by the Secretary. rity may conduct surveys of the degree to to take, or threaten to take or fail to take, ‘‘(iii) A new office employing the bene- which employers comply with the require- a personnel action, or to intimidate, threat- ficiary of an L–1 petition approved under this ments under this section and may conduct en, restrain, coerce, blacklist, discharge, or subparagraph must do business through reg- annual compliance audits of employers that discriminate in any other manner against an ular, systematic, and continuous provision of employ H-1B nonimmigrants. The Secretary employee because the employee—— goods or services for the entire period of pe- shall conduct annual compliance audits of ‘‘(I) has disclosed information that the em- tition approval. not less than 1 percent of the employers that ployee reasonably believes evidences a viola- ‘‘(iv) Notwithstanding clause (iii) or sub- employ nonimmigrants described in section tion of this subsection, or any rule or regula- clauses (I) through (VI) of clause (ii), and 101(a)(15)(L) during the applicable calendar tion pertaining to this subsection; or subject to the maximum period of authorized year. ‘‘(II) cooperates or seeks to cooperate with admission set forth in subparagraph (D), the (3) REPORTING REQUIREMENT.—Section the requirements of this subsection, or any Secretary of Homeland Security may in his 214(c)(8) of such Act is amended by inserting rule or regulation pertaining to this sub- discretion approve a subsequently filed peti- ‘‘(L),’’ after ‘‘(H),’’. section. tion on behalf of the beneficiary to continue ‘‘(ii) An employer that violates this sub- (c) PENALTIES.—Section 214(c)(2) of such employment at the office described in this paragraph shall be liable to the employees Act, as amended by this section, is further subsection for a period beyond the initially harmed by such violation for lost wages and amended by adding at the end the following: granted 12-month period if the importing em- ‘‘(J)(i) If the Secretary of Homeland Secu- benefits. ‘‘(iii) In this subparagraph, the term ‘em- ployer has been doing business at the new of- rity finds, after notice and an opportunity fice through regular, systematic, and contin- for a hearing, a failure by an employer to ployee’ includes— ‘‘(I) current employee; uous provision of goods or services for the 6 meet a condition under subparagraph (F), ‘‘(II) a former employee; and months immediately preceding the date of (G), (H), (I), or (K) or a misrepresentation of ‘‘(III) an applicant for employment.’. extension petition filing and demonstrates material fact in a petition to employ 1 or SEC. 424. LIMITATIONS ON APPROVAL OF L-l PE- that the failure to satisfy any of the require- more aliens as nonimmigrants described in TITIONS FOR START-UP COMPANIES ments described in those subclauses was di- section 101(a)(15)(L)—— Section 214(c)(2) of the Immigration and rectly caused by extraordinary cir- ‘‘(I) the Secretary of Homeland Security Nationality Act (8 U.S.C. 1184(c)(2)) is cumstances, as determined by the Secretary may impose such other administrative rem- amended—— in his discretion. edies (including civil monetary penalties in (a) by striking ‘‘Attorney General’’ each ‘‘(H)(i) The Secretary of Homeland Secu- an amount not to exceed $2,000 per violation) place it appears and inserting ‘‘Secretary of rity may not authorize the spouse of an alien as the Secretary determines to be appro- Homeland Security’’; described under section 101(a)(15)(L), who is a priate; and (b) in subparagraph (E), by striking ‘‘In the dependent of a beneficiary under subpara- ‘‘(II) the Secretary of Homeland Security case’’ and inserting ‘‘Except as provided in graph (G), to engage in employment in the may not, during a period of at least 1 year, subparagraph (H), in the case’’; and United States during the initial 12-month pe- approve a petition for that employer to em- (c) by adding at the end the following: riod described in subparagraph (G)(i). ploy 1 or more aliens as such non- ‘‘(G)(i) If the beneficiary of a petition ‘‘(ii) A spouse described in clause (i) may immigrants. under this subsection is coming to the be provided employment authorization upon ‘‘(ii) If the Secretary of Homeland Security United States to be employed in a new office, the approval of an extension under subpara- finds, after notice and an opportunity for a the petition may be approved for a period graph (G)(ii). hearing, a willful failure by an employer to not to exceed 12 months only if the alien has ‘‘(I) For purposes of determining the eligi- meet a condition under subparagraph (F), not been the beneficiary of two or more peti- bility of an alien for classification under sec- (G), (H), (I), or (K) or a misrepresentation of tions under this subparagraph within the im- tion 101(a)(15)(L) of this Act, the Secretary of material fact in a petition to employ 1 or mediately preceding two years and only if Homeland Security shall establish proce- more aliens as nonimmigrants described in the employer operating the new office dures with the Department of State to verify section 101(a)(15)(L)—— has—— ‘‘(I) the Secretary of Homeland Security ‘‘(I) an adequate business plan; a company or office’s existence in the United may impose such other administrative rem- ‘‘(II) sufficient physical premises to carry States and abroad.’’ edies (including civil monetary penalties in out the proposed business activities; and SEC. 425. MEDICAL SERVICES IN UNDERSERVED an amount not to exceed $10,000 per viola- ‘‘(III) the financial ability to commence AREAS tion) as the Secretary determines to be ap- doing business immediately upon the ap- (a) PERMANENT AUTHORIZATION OF THE propriate; and proval of the petition. CONRAD PROGRAM.— ‘‘(II) the Secretary of Homeland Security ‘‘(ii) An extension of the approval period (1) IN GENERAL.—Section 220(c) of the Im- may not, during a period of at least 2 years, under clause (i) may not be granted until the migration and Nationality Nationality Tech- approve a petition filed for that employer to importing employer submits to the Sec- nical Corrections Act of 1994 (8 U.S.C. 1182 employ 1 or more aliens as such non- retary of Homeland Security— note) ((as amended by section 1(a) of Public immigrants. ‘‘(I) evidence that the importing employer Law 108–441 and section 2 of Public Law 109– ‘‘(iii) If the Secretary of Homeland Secu- meets the requirements of this subsection; 477)) is amended by striking ‘and before June rity finds, after notice and an opportunity ‘‘(II) evidence that the beneficiary meets 1, 2008.’. for a hearing, a willful failure by an em- the requirements of section 101(a)(15)(L); (2) EFFECTIVE DATE.—The amendment ‘‘(III) a statement summarizing the origi- ployer to meet a condition under subpara- made by paragraph (1) shall take effect as if nal petition; enacted on June 1, 2007. graph (L)(i)—— ‘‘(IV) evidence that the importing em- ‘‘(I) the Secretary of Homeland Security (b) PILOT PROGRAM REQUIREMENTS—Sec- ployer has substantially complied with the may impose such other administrative rem- tion 214(l) of the Immigration and Nation- business plan submitted under clause (i); edies (including civil monetary penalties in ‘‘(V) evidence of the truthfulness of any ality Act (8 U.S.C. 1184(l)) is amended— an amount not to exceed $10,000 per viola- representations made in connection with the (1) by adding at the end the following: tion) as the Secretary determines to be ap- filing of the original petition if requested by ‘‘(4)(A) Notwithstanding paragraph (1)(B), propriate; and the Secretary; the Secretary of Homeland Security may ‘‘(II) the employer shall be liable to em- ‘‘(VI) evidence, that the importing em- grant up to a total of 50 waivers for a State ployees harmed for lost wages and benefits.’’. ployer, from the date of petition approval under section 212(e) in a fiscal year if, after SEC. 423. WHISTLEBLOWER PROTECTIONS. under clause (i), has been doing business at the first 30 such waivers for the State are (a) H-1B Whistleblower Protections—Sec- the new office through regular, systematic, granted in that fiscal year— tion 212(n)(2)(C)(iv) of the Immigration and and continuous provision of goods or serv- ‘‘(i) an interested State agency requests a Nationality Act (8 U.S.C. 1182(n)(2)(C)(iv)) is ices; waiver; and amended—— ‘‘(VII) a statement of the duties the bene- ‘‘(ii) the requirements under subparagraph (1) by inserting ‘‘take, fail to take, or ficiary has performed at the new office dur- (B) are met. threaten to take or fail to take, a personnel ing the approval period under clause (i) and ‘‘(B) The requirements under this subpara- action, or’’ before ‘‘to intimidate,’’; the duties the beneficiary will perform at the graph are met if— (2) by adding at the end the following: ‘‘An new office during the extension period ap- ‘‘(i) fewer than 20 percent of the physician employer that violates this clause shall be proved under this clause; vacancies in the health professional shortage liable to the employees harmed by such vio- ‘‘(VIII) a statement describing the staffing areas of the State, as designated by the Sec- lation for lost compensation, including back at the new office, including the number of retary of Health and Human Services, were pay.’’. employees and the types of positions held by filled in the most recent fiscal year; (b) L-1 Whistleblower Protections—Section such employees; ‘‘(ii) all of the waivers allotted for the 214(c)(2) of such Act, as amended by section ‘‘(IX) evidence of wages paid to employees State under paragraph (1)(B)) were used in 4, is further amended by adding at the end if the beneficiary will be employed manage- the most recent fiscal year; and the following: rial or executive capacity; ‘‘(iii) all underserved highly rural States—

VerDate Aug 31 2005 08:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.193 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6671 ‘‘(I) used the minimum guaranteed number ‘‘(A) means an occupation that requires— derserved community for a continuous pe- of waivers under section 212(e) in health pro- ‘‘(i) theoretical and practical application riod of 5 years.’’ fessional shortage areas in the most recent of a body of highly specialized knowledge, SEC. 426. AUTHORIZATION OF APPROPRIATIONS. fiscal year; or and There are authorized to be appropriated ‘‘(II) all agreed to waive the right to re- ‘‘(ii) attainment of a bachelor’s or higher such sums as may be necessary to carry out ceive the minimum guaranteed number of degree in the specific specialty (or its equiv- this title, and the amendments made by this such waivers. alent) as a minimum for entry into the occu- title. ‘‘(C) In this paragraph: pation in the United States; and ‘‘(i) The term ‘‘health professional short- ‘‘(B) shall not include graduate medical TITLE V—Immigration Benefits age area’’ has the meaning given the term in education or training.’’ SEC. 501. REBALANCING OF IMMIGRANT VISA AL- section 332(a)(1) of the Public Health Service (h) Section 214(l) of the Immigration and LOCATION. Act (42 U.S.C. 254e(a)(1)); Nationality Act (8 U.S.C. 1184(l)) is amend- ‘‘(a) FAMILY-SPONSORED IMMIGRANTS.—Sec- ‘‘(ii) The term ‘‘underserved highly rural ed— tion 201(c) of the Immigration and Nation- State’’ means a State with at least 30 coun- (1) in paragraph (1)(C)(i) by striking ‘‘At- ality Act (8 U.S.C. 1151(c)) is amended to read ties with a population density of not more torney General’’ and inserting ‘‘Secretary of as follows: than 10 people per square mile, based on the Homeland Security’’; ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPON- latest available decennial census conducted (2) in paragraph (1)(C) by striking sub- SORED IMMIGRANTS.— by the Bureau of Census. clause (ii) and inserting the following: ‘‘(1) For each fiscal year until visas needed ‘‘(iii) The term ‘‘minimum guaranteed ‘‘(ii) the alien has accepted employment for petitions described in section 503(f)(2) of number’’ means— with the health facility or health care orga- the [Insert title of Act] become available, ‘‘(I) for the first fiscal year of the pilot pro- nization and agrees to continue to work for the worldwide level of family-sponsored im- gram, 15; a total of not less than 3 years; and migrants under this subsection is 567,000 for ‘‘(II) for each subsequent fiscal year, the ‘‘(iii) the alien begins employment within petitions for classifications under 203(a), plus sum of— 90 days of: any immigrant visas not required for the (aa) the minimum guaranteed number for ‘‘(I) receiving such waiver; or class specified in (d) the second fiscal year; and ‘‘(II) receiving nonimmigrant status or em- ‘‘(2) Except as provided in paragraph (1), (bb) 3, if any State received additional ployment authorization pursuant to an ap- the worldwide level of family-sponsored im- waivers under this paragraph in the first fis- plication filed under paragraph (2)(A) (if such migrants under this subsection for fiscal cal year. application is filed with 90 days of eligibility year is 127,000, plus any immigrant visas not ‘‘(III) for the third fiscal year, the sum of— of completing graduate medical education or required for the class specified in (d). (aa) the minimum guaranteed number for training under a program approved pursuant (b) MERIT-BASED IMMIGRANTS—Section the second fiscal year; and to section 212(j)(1)); 201(d) of the Immigration and Nationality (bb) 3, if any State received additional ‘‘whichever is latest.’’ Act (8 U.S.C. 1151(d)) is amended to read as waivers under this paragraph in the first fis- (3) by striking at the end ‘‘.’’, inserting ‘‘; follows: cal year. or’’ and adding new paragraph (1)(E) to ‘‘(d) WORLDWIDE LEVEL OF MERIT-BASED, (c) TERMINATION DATE.—The authority pro- read— SPECIAL, AND EMPLOYMENT CREATION IMMI- vided by the amendents made by subsection ‘‘(E) in the case of a request by an inter- GRANTS.— (b) shall expire on September 30, 2011. ested State agency, the alien agrees to prac- ‘‘(1) IN GENERAL.—The worldwide level of (d) Section 212(j) of the Immigration and tice primary care or specialty medicine care, merit-based, special and employment cre- Nationality Act (8 U.S.C. 1182(j)) is amended for a continuous period of 2 years, only at a ation immigrants under this subsection for a by— federally qualified health facility, health fiscal year— (1) revising the preamble of paragraph (2) care organization or center, or in a rural ‘‘(A) for the first five fiscal years shall be to read ‘‘An alien who has graduated from health clinic that is located in: equal to the number of immigrant visas medical school and who is coming to the ‘‘(i) a geographic area which is designated made available to aliens seeking immigrant United States to practice primary care or by the Secretary of Health and Human Serv- visas under section 203(b) of this Act for fis- specialty medicine as a member of the med- ices as having a shortage of health care pro- cal year 2005, plus any immigrant visas not ical profession may not be admitted as a fessionals; and required for the class specified in (c), of nonimmigrant under section ‘‘(ii) a State that utilized less than 10 of which: 1101(a)(15)(H)(i)(b) of this title unless—’’ the total allotted waivers for the State (i) at least 10,000 will be for exceptional (2) redesignating paragraph (2) as para- under paragraph (1)(B) (excluding the num- aliens in nonimmigrant status under section graph (3); ber of waivers available pursuant to para- 101(a)(15)(Y); and (3) adding new paragraph (2) to read— graph (1)(D)(ii)) in the most recent fiscal (ii) 90,000 will be for aliens who were the ‘‘(2)(A) An alien who is coming to the year.’’ beneficiaries of an application that was United States to receive graduate medical (4) in paragraph (2), by amending subpara- pending or approved at the time of the effec- education or training (or seeks to acquire graph (A) to read as follows: tive date of this section, per Section 502(d) of status as a nonimmigrant under section ‘‘(A) Nothwithstanding section 248(a)(2), the [Insert title of Act]. 1101(a)(15)(J) to receive graduate medical upon submission of a request to an inter- ‘‘(B) stating in the sixth fiscal year, shall education or training) may not change sta- ested Federal agency or an interested State be equal to 140,000 for each fiscal year until tus under section 1258 to a nonimmigrant agency for recommendation of a waiver aliens described in section 101(a)(15)(Z) of under section 1101(a)(15)(H)(i)(b) until the under this section by a physician who is this Act first become eligible for an immi- alien graduates from the medical education maintaining valid nonimmigrant status grant visa, plus any immigrant visas not re- or training program and meets the require- under section 101(a)(15)(J), the Secretary of quired for the class specified in (c), of which: ments of paragraph (3)(B). Homeland Security may accept as properly (i) at least 10,000 will be for exceptional ‘‘(B) Any occupation that an alien de- filed an application to change the status of aliens in nonimmigrant status under section scribed in paragraph (2)(A) may be employed such physician to [any applicable non- 101(a)(15)(Y); and in while receiving graduate medical edu- immigrant status]. Upon favorable rec- (ii) no more than 90,000 will be for aliens cation or training shall not be deemed a ommendation by the Secretary of State of who were the beneficiaries of an application ‘‘specialty occupation’’ within the meaning such request, and approval by the Secretary that was pending or approved at the time of of section 1184(i) for purposes of section of Homeland Security the waiver under this the effective date of this section, per Section 1101(a)(15)(H)(i)(b).’’ section, the Secretary of Homeland Security 502(d) of the [Insert title of Act]. (e) Section 101(a)(15)(J) is amended by add- may change the status of such physician to ‘‘(C)(i) 380,000, for each fiscal year starting ing ‘‘(except an alien coming to the United that of [an appropriate nonimmigrant sta- in the first fiscal year in which aliens de- States to receive graduate medical education tus.]’’ scribed in section 101(a)(15)(Z) of this Act be- or training)’’ after ‘‘abandoning’’. (5) in paragraph (3)(A) amended by insert- come eligible for an immigrant visa, of (f) Section 214(h) of the Immigration and ing ‘‘requirement of or’’ before ‘‘agreement which at least 10,000 will be for exceptional Nationality Act (8 U.S.C. 1184(h)) is amended entered into.’’ aliens in nonimmigrant status under section by inserting ‘‘(E) (J) who is coming to the (i) PERIOD OF AUTHORIZED ADMISSION FOR 101(a)(15)(Y), plus any immigrant visas not United States to receive graduate medical PHYSICIANS ON H–1B VISAS WHO WORK IN MEDI- required for the class specified in (c); plus education or training,’’ after ‘‘subpara- CALLY UNDERSERVED COMMUNITIES.— ‘‘(ii) the temporary supplemental alloca- graph’’ where that term first appears. Section 214(g)(5), as renumbered by Section tion of additional visas described in para- (g) MEDICAL RESIDENTS INELIGIBLE FOR H–1B 405 and amended by Section 719(c), is further graph (2) for nonimmigrants described in sec- NONIMMIGRANT STATUS.—Section 214(i) of the amended by adding at the end the following tion 101(a)(15)(Z). Immigration and Nationality Act (8 U.S.C. new subparagraph: ‘‘(2) TEMPORARY SUPPLEMENTAL ALLOCA- 1184(i)) is amended to read— ‘‘(D) The period of authorized admission TION.—The temporary supplemental alloca- ‘‘(1) Except as provided in paragraph (3), under subparagraph (A) shall not apply to an tion of visas described in this paragraph is as for purposes of section 101(a)(15)(H)(i)(b), sec- alien physician who fulfills the requirements follows: tion 101(a)(15)(E)(iii), and paragraph (2), the of section 214(l)(1)(E) and who has practiced ‘‘(A) for the first five fiscal years in which term ‘‘specialty occupation’’— primary or specialty care in a medically un- aliens described in section 101(a)(15)(Z) of

VerDate Aug 31 2005 08:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.194 S24MYPT1 bajohnson on PRODPC74 with SENATE S6672 CONGRESSIONAL RECORD — SENATE May 24, 2007

this Act are eligible for an immigrant visa, Category Description Max pts earlier than the sixth fiscal year in which the number calculated pursuant to section aliens described in section 101(a)(15)(Z) of 503(f)(3) of [Insert title of Act]; (terminal de- Bachelor’s de- this Act are eligible for an immigrant visa. gree) gree—16 PTS ‘‘(B) in the sixth fiscal year in which aliens Associate’s de- ‘‘(E) The application of the selection cri- described in section 101(a)(15)(Z) of this Act gree—10 pts teria to any particular visa petition or appli- are eligible for an immigrant visa, the num- High School di- cation pursuant to the merit-based evalua- ber calculated pursuant to section 503(f)(3) of ploma or GED—6 pts tion system shall be within the Secretary’s [Insert title of Act]; and Completed cer- sole and unreviewable discretion. ‘‘(C) starting in the seventh fiscal year in tified Perkins ‘‘(F) Any petition filed pursuant to this which aliens described in section 101(a)(15)(Z) Vocational paragraph that has not been found by the Education pro- of this Act are eligible for an immigrant gram—5 pts Secretary to have qualified in the merit- visa, the number equal to the number of Z Education pro- based evaluation system shall be deemed de- nonimmigrants who became aliens admitted gram—5 pts nied on the first day of the third fiscal year Completed DoL for permanent residence based on the merit- Registered Ap- following the date of such application. Such based evaluation system in the prior fiscal prenticeship— denial shall not preclude the petitioner from year until no further Z nonimmigrants ad- 8 pts filing successive petition pursuant to this STEM, assoc & just status; above—8 pts paragraph. Notwithstanding this paragraph, ‘‘(3) TERMINATION OF TEMPORARY SUPPLE- English & civics native speaker the Secretary may deny petition when denial MENTAL ALLOCATION.—The temporary supple- of English or is appropriate under other provisions of law, TOEFL score of 15 mental allocation of visas shall terminate 75 or higher— including but not limited to sections 204(c).’’. when the number of visas calculated pursu- 15 pts (2) redesignating paragraph (4) as para- ant to paragraph (2)(C) is zero. TOEFL score of graph (2), by striking ‘‘7.1 percent’’ and in- ‘‘(4) LIMITATION.—The temporary supple- 60–74—10 pts Pass USCIS Citi- serting ‘‘4,200’’, and striking ‘‘5,000’’ and in- mental visas in paragraph (2) shall not be zenship Tests serting ‘‘2,500’’; awarded to any individual other than an in- in English & (3) redesignating paragraph (5) as para- dividual described in section 101(a)(15)(Z). Civics—6 pts graph (3), by striking ‘‘7.1 percent’’; and in- (c) EFFECTIVE DATE.—The amendments Extended family (Applied if serting ‘‘2,800’’, and striking ‘‘3,000’’ and in- made by this section shall take effect on the threshold of 55 serting ‘‘1,500’’; first day of the fiscal year subsequent to the in above cat- (4) redesignating paragraph (6) as para- fiscal year of enactment. egories.) Adult (21 or 10 graph (4). SEC. 502. INCREASING AMERICAN COMPETITIVE- older) son or (c) PROCEDURE FOR GRANTING IMMIGRANT NESS THROUGH A MERIT-BASED daughter of STATUS.—Section 204(a)(1) of the Immigra- EVALUATION SYSTEM FOR IMMI- USC—8 pts tion and Nationality Act (8 U.S.C. 1154(a)(1)) GRANTS Adult (21 or older) son or is amended by striking subparagraphs (E) (a) SENSE OF CONGRESS.—It is the sense of daughter of and (F). LPR— Congress that the United States benefits 6 pts (d) EFFECTIVE DATE.— from a work force that has diverse skills, ex- Sibling of USC or LPR—4 pts (1) IN GENERAL.—Subject to paragraph (2), perience and training. If had applied for the amendments made by this section shall (b) CREATION OF MERIT-BASED EVALUATION a family visa take effect on the first day of the fiscal year SYSTEM FOR IMMIGRANTS AND REALLOCATION in any of the above cat- subsequent to the fiscal year of enactment, OF VISAS.—Section 203(b) of the Immigration egories after unless such date is less than 270 days after and Nationality Act (8 U.S.C. 1153(b)) is May 1, 2005—2 the date of enactment, in which case the pts amended by— amendments shall take effect on the first (1) striking paragraphs (1), (2), and (3) and 100 Supplemental day of the following fiscal year. inserting the following: schedule for Zs (2) PENDING AND APPROVED PETITIONS AND ‘‘(1) MERIT-BASED IMMIGRANTS.—Visas shall Agriculture Na- Worked in agri- 25 APPLICATIONS.—Petitions for an employ- first be made available in a number not to tional Interest culture for 3 ment-based visa filed for classification under exceed 95 percent of such worldwide level, years, 150 days per year—21 section 203(b)(1), (2), or (3) of the Immigra- plus any visas not required for the classes in pts tion and Nationality Act (as such provisions paragraphs (2) and (3), to qualified immi- Worked in agri- grants selected through a merit-based eval- culture for 4 existed prior to the enactment of this sec- years (150 days tion) that were filed prior to the date of the uation system. for 3 years, 100 ‘‘(A) The merit-based evaluation system days for 1 introduction of the [Insert title of Act] and shall initially consist of the following cri- year)—23 pts were pending or approved at the time of the Worked in agri- effective date of this section, shall be treated teria and weights: culture for 5 years, 100 days as if such provision remained effective and Category Description Max pts per year—25 an approved petition may serve as the basis points for issuance of an immigrant visa. Aliens Employment 47 U.S. employ- Year of lawful 15 Occupation U.S. employ- ment exp. employment— with applications for labor certification pur- ment in Spe- 1 pt suant to section 212(a)(5)(A) of the Immigra- cialty Occupa- Home owner- Own place of res- 5 tion and Nationality Act shall preserve the tion (DoL defi- ship idence—1 pt/ nition)—20 pts year owned immigrant visa priority date accorded by the U.S. employ- Medical Insur- Current medical 5 date of filing of such labor certification ap- ment in High ance insurance for plication. Demand Occu- entire family (e) CONFORMING AMENDMENTS.— pation (BLS largest 10-yr (1) Section 201 of the Immigration and Na- job growth, top ‘‘(B) The Secretary of Homeland Security, tionality Act (8 U.S.C. 1151) is amended by 30) after consultation with the Secretaries of striking ‘‘employment-based’’ each place it National inter- 16 pts Commerce and Labor, shall establish proce- est/critical in- appears and inserting ‘‘merit-based’’. frastructure— dures to adjudicate petitions filed pursuant (2) Section 202 of the Immigration and Na- Employer en- U.S. employ- to the merit-based evaluation system. The tionality Act (8 U.S.C. 1152) is amended by dorsement ment in STEM Secretary may establish a time period in a or health occu- striking ‘‘employment-based’’ each place it pation, current fiscal year in which such petitions must be appears and inserting ‘‘merit-based’’. for at least 1 submitted. (3) Section 203(b) of the Immigration and year—8 pts ‘‘(C) The Standing Commission on Immi- Nationality Act (8 U.S.C. 1153(b)) is amended (extraordinary gration and Labor Markets established pur- or ordinary) by: A U.S. employer suant to Section 407 of the [Insert title of (A) striking the heading and first sentence willing to pay Act] shall submit recommendations to Con- and inserting the following: 50% of LPR gress concerning the establishment of proce- applicaiton fee ‘‘(b) Preference allocation for merit-based, either 1) offers dures for modifying the selection criteria special and employment creation immi- a job, or 2) at- and relative weights accorded such criteria grants. Aliens subject to the worldwide level tests for a cur- in order to ensure that the merit-based eval- rent em- specified in section 201(d) for merit-based, ployee—6 pts uation system corresponds to the current special and employment creation immi- Experience Years of work needs of the United States economy and the grants in a fiscal year shall be allotted visas for U.S. firm— national interest. as follows:’’; 2 pts/year (max 10 pts) ‘‘(D) No modifications to the selection cri- (B) striking ‘‘employment based’’ and in- Age of worker Worker’s age: 25– teria and relative weights accorded such cri- serting ‘‘merit-based’’ and striking ‘‘each of 39—3 pts teria that are established by the [Insert title paragraphs (1) through (3)’’ and inserting Education M.D., M.B.A., 28 Graduate de- of Act] should criteria that are established ‘‘paragraph (1)’’ in subparagraph (6)(B)(i); gree, etc.—20 by the [Insert title of Act] should take effect and

VerDate Aug 31 2005 08:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.196 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6673 (C) striking ‘‘employment based’’ and in- by adding the following two new subpara- ‘‘(B) Qualified immigrants who are the un- serting ‘‘paragraph (1)’’ in subparagraph graphs at the end: married sons or unmarried daughters of an (6)(B)(iii). ‘‘(F) Aliens admitted under section 211(a) alien lawfully admitted for permanent resi- (4) Section 212(a)(4) of the Immigration and on the basis of prior issuance of a visa under dence, shall be allocated visas totaling Nationality Act (8 U.S.C. 1182(a)(4)) is section 203(a) to their accompanying parent 110,000 immigrant visas, plus any visas not amended by striking subparagraph (D). who is an immediate relative. required for the class specified in (A). (5) Section 213A(f) of the Immigration and ‘‘(G) Aliens born to an alien lawfully ad- ‘‘(C) Qualified immigrants who are the Nationality Act (8.U.S.C. 1183a(f)) is amended mitted for permanent residence during tem- married sons or married daughters of citi- by: porary visit abroad.’’. zens of the United States shall be allocated (A) striking subparagraph (4); (b) IMMEDIATE RELATIVES.— visas totaling 70,400 immigrant visas, plus (B) striking subparagraph (5) and inserting (1) IMMEDIATE RELATIVE REDEFINED.—Para- any visas not required for the class specified the following: graph (2) of section 201(b) of the Immigration in (A) and (B). ‘‘(4) NON-PETITIONING CASES.—Such term and Nationality Act (8 U.S.C. 1151(b)) is ‘‘(D) Qualified immigrants who are the also includes an individual who does not amended to read as follows: brothers or sisters of citizens of the United meet the requirement of paragraph (l)(D) but ‘‘(2) IMMEDIATE RELATIVES.— States, if such citizens are at least 21 years ‘‘(A) IN GENERAL.—For purposes of this sub- who is a spouse, parent, mother in law, fa- of age, shall be allocated visas totaling section, the term ‘immediate relative’ means ther in law, sibling, child (if at least 18 years 189,200 immigrant visas, plus any visas not child or spouse who is accompanying or fol- of age), son, daughter, son in law, daughter required for the class specified in (A),(B), and lowing to join the alien). in law, sister in law, brother in law, grand- (C).’’. ‘‘(B) SPOUSE OF DECEASED U.S. CITIZEN.—An parent, or grandchild of sponsored alien or a (4) By striking paragraph (4). alien who was the spouse of a citizen of the legal guardian of a sponsored alien, meets (d) PETITION.—Section 204(a)(1)(A)(i) of the United States and not legally separated from the requirements of paragraph (1) (other Immigration and Nationality Act (8 U.S.C. the citizen at the time of the citizen’s death, than subparagraph (D)), and executes an affi- 1154(a)(1)(A)(i)) is amended by striking ‘‘, (3), who was married to the citizen for not less davit of support with respect to such alien in or (4)’’ after ‘‘paragraph (1)’’. than 2 years at the time of the citizen’s a case in which— (e) EFFECTIVE DATE.— death (or, if married for less than 2 years at (A) the individual petitioning under sec- (1) IN GENERAL.—The amendments made by the time of the citizen’s death, who proves tion 204 for the classification of such alien this section shall take effect on the first day by preponderance of the evidence that the died after the approval of such petition; and of the fiscal year subsequent to the fiscal marriage was entered into in good faith and (B) the Secretary of Homeland Security year of enactment. not solely for the purpose of obtaining an has determined for humanitarian reasons (2) PENDING AND APPROVED PETITIONS.—Pe- immigration benefit), and each child of such that revocation of such petition under sec- titions for family-sponsored visa filed for alien, may be considered, for purposes of this tion 205 would be inappropriate.’’; classification under section 203(a)(1), (2)(B), (C) redesignating subparagraph (6) as sub- subsection, to remain an immediate relative (3), or (4) of the Immigration and Nationality paragraph (5); and after the date of the citizen’s death if the Act (as such provisions existed prior to the (D) striking ‘‘(6)’’ and inserting ‘‘(5)’’ in spouse files a petition under section enactment of this section ) which were filed subparagraph (1)(E). 204(a)(1)(A)(ii) before the earlier of— before May 1, 2005, regardless of whether the (6) Section 212(a) of the Immigration and ‘‘(i) years after such date; or petitions have been approved before May 1, ‘‘(ii) the date on which the spouse remar- Nationality Act (8 U.S.C. 1182(a)) is amended 2005, shall be treated as if such provision re- ries. by striking paragraph (5). mained in effect, and an approved petition ‘‘(C) BATTERED SPOUSE OR CHILD.—An alien (7) Section 218(g)(3) of the Immigration and may be the basis of an immigrant visa pursu- who has filed a petition under clause (iii) or Nationality Act (8 U.S.C. 1188) is amended by ant to section 203(a)(3). (iv) of section 204(a)(1)(A) remains an imme- striking paragraph (3) and redesignating (f) DETERMINATIONS OF NUMBER OF INTEND- diate relative if the United States citizen paragraph (4) as paragraph (3). ING LAWFUL PERMANENT RESIDENTS.— spouse or parent loses United States citizen- (8)(A) Section 207(c)(3) of the Immigration (1) SURVEY OF PENDING AND APPROVED FAM- ship on account of the abuse. and Nationality Act (8 U.S.C; 1157(c)(3)) is ILY-BASED PETITIONS.—The Secretary of ‘‘(2) PETITION.—Section 204(a)(1)(A)(ii) of Homeland Security may require a submis- amended by striking ‘‘(5),’’ in the first sen- the Immigration and Nationality Act (8 tence. sion from petitioners with approved or pend- U.S.C. 1154(a)(1)(A)(ii)) is amended by strik- ing family-based petitions filed for classi- (B) Section 209(c) of the Immigration and ing ‘‘in the second sentence of section Nationality Act (8 U.S.C. 1159(c)) is amended fication under section 203(a)(1), (2)(B), (3), or 201(b)(2)(A)(i)’’ and inserting ‘‘in section (4) of the Immigration and Nationality Act by striking ‘‘(5),’’ in the second sentence 201(b)(2)(B)’’. C) Section 210(c)(2)(A) of the Immigration (as such provisions existed prior to the en- (c) PREFERENCE CATEGORIES.—Section actment of this section) filed on or before and Nationality Act (8 U.S.C. 1160(c)(2)(A)) is 203(a) of the Immigration and Nationality May 1, 2005 to determine that the petitioner amended by striking ‘‘paragraphs (5) and,’’ Act (8 U.S.C. 1153(a)) is amended: and the beneficiary have a continuing com- and inserting ‘‘paragraph’’ (1) By striking paragraph (1) and inserting mitment to the petition for the alien rel- (D) Section 237(a)(1)(H)(i)(II) of the Immi- the following: gration and Nationality Act (8 U.S.C. ‘‘(1) Parents of citizen of the United States ative under the classification. In the event 1227(a)(1)(H)(i)(II)) is amended by striking if the citizen is at least 21 years of age. the Secretary requires a submission pursu- ‘‘paragraphs (5) and,’’ and inserting ‘‘para- Qualified immigrants who are the parents of ant to this section, the Secretary shall take graph’’ citizen of the United States where the cit- reasonable steps to provide notice of such a (E) Section 245(h)(2)(A) of the Immigration izen is at least 21 years of age shall be allo- requirement. In the event that the petitioner and Nationality Act (8 U.S.C. 1255(h)(2)(A) is cated visas in a number not to exceed 40,000, or beneficiary is no longer committed to the amended by striking ‘‘(5)(a),’’ plus any visa not required for the classes beneficiary obtaining an immigrant visa (F) Section 245A(d)(2)(A) of the Immigra- specified in paragraph (3), or’’. under this classification or if the petitioner tion and Nationality Act (8 U.S.C. (2) By striking paragraph (2) and inserting does not respond to the request for a submis- 1255a(d)(2)(A)) is amended by striking ‘‘para- the following: sion, the Secretary of Homeland Security graphs (5) and,’’ and inserting ‘‘paragraph’’ ‘‘(2) Spouses or children of an alien law- may deny the petition if the petition has not (H) Section 286(s)(6) of the Immigration fully admitted for permanent residence or a been adjudicated or revoke the petition and Nationality Act (8 U.S.C. 1356(s)(6) is national. Qualified immigrants who are the without additional notice pursuant to sec- amended by striking ‘‘and section spouses or children of an alien lawfully ad- tion 205 if it has been approved. 212(a)(5)(A)’’ mitted for permanent residence or noncit- (2) FIRST SURVEY OF Z NONIMMIGRANT IN- (f) REFERENCES TO SECRETARY OF HOME- izen national of the United States as defined TENDS TO ADJUST STATUS.—The Secretary LAND SECURITY.— in section 101(a)(22)(8) of this Act who is resi- shall establish procedures by which non- (1) Section 203 of the Immigration and Na- dent in the United States shall be allocated immigrants described in section 101(a)(15)(Z) tionality Act (8 U.S.C. 1153) is amended by visas in number not to exceed 87,000, plus who seek to become aliens lawfully admitted striking ‘‘Attorney General’’ each place it any visas not required for the class specified for permanent residence under the merit- appears and inserting ‘‘Secretary of Home- in paragraph (1)’’. based immigrant system shall establish their land Security’’. (3) By striking paragraph (3) and inserting eligibility, pay any applicable fees and pen- (2) Section 204 of the Immigration and Na- the following: alties, and file their petitions. No later than tionality Act (8 U.S.C. 1154) is amended by ‘‘(3) Family-sponsored immigrants who are the conclusion of the eighth fiscal year after striking ‘‘Attorney General’’ each place it beneficiaries of family-based visa petitions the effective date of section 218D of the Im- appears, except for section 204(f)(4)(B), and filed before May 1, 2005. Immigrant visas to- migration and Nationality Act, the Sec- inserting ‘‘Secretary of Homeland Security’’. taling 440,000 shall be allotted visas as fol- retary will determine the total number of SEC. 503.—REDUCING CHAIN MIGRATION AND lows: qualified applicants who have followed the PERMITTING PETITIONS BY NATION- ‘‘(A) Qualified immigrants who are the un- procedures set forth in this section. The ALS married sons or daughters of citizens of the number calculated pursuant to this paragrap (a) CAP EXEMPT CATEGORIES.—Paragraph United States shall be allocated visas total- shall be 20 percent of the total number of (1) of section 201(b) of the Immigration and ing 70,400 immigrant visas, plus any visas qualified applicants. The Secretary will cal- Nationality Act (8 U.S.C. 1151(b)) is amended not required for the class specified in (D). culate the number of visas needed per year.

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(3) SECOND SURVEY OF Z NONIMMIGRANTS IN- an application for adjustment of status with- doning shall not apply to an alien described TENDING TO ADJUST STATUS.—No later than in the fiscal year in which the visa becomes in section 214(s) who is seeking to enter as a the conclusion of the thirteenth fiscal year available, or at such reasonable time as the temporary visitor for pleasure;’’. after the effective date of section 218D of the Secretary may specify after the end of the (b) Section 214 of the Immigration and Na- Immigration and Nationality Act, the Sec- fiscal year for petitions approved in the last tionality Act (8 U.S.C. 1184) is amended by retary will determine the total number of quarter of the fiscal year. adding at the end the following new sub- qualified applicants not described in para- ‘‘(2) All petitions for an immigrant visa section: graph (2) who have followed the procedures under this section shall automatically ter- ‘‘(s) Parent Visitor Visas set forth in this section. The number cal- minate if not granted within the fiscal year ‘‘(1) IN GENERAL.—The parent of United culated pursuant to this paragraph shall be in which they were filed. The Secretary may States citizen at least 21 years of age, or the the lesser of: in his discretion establish such reasonable spouse or child of an alien in nonimmigrant (A) the number qualified applicants, as de- application period or other procedures for status under 101(a)(15)(Y)(i), demonstrating termined by the Secretary pursuant to this filing petitions as he may deem necessary in satisfaction of the requirements of this sub- paragraph; and order to ensure their orderly processing section may be granted nonimmigrant visa (B) the number calculated pursuant to within the fiscal year of filing. under section 101(a)(15)(B) as temporary vis- paragraph (2). ‘‘(3) The secretary may reserve up to 2,500 itor for pleasure. ‘‘(2) REQUIREMENTS.—An alien seeking non- (g) CONFORMING AMENDMENTS.— of the immigrant visas under this section for immigrant visa under this subsection must (1) Section 212(d)(12)(6) of the Immigration approval in the period between March 31 and and Nationality Act (8 U.S.C. 1182(d)(12)(B)) demonstrate through presentation of such September 30 of fiscal year. documentation as the Secretary may by reg- is amended by striking ‘‘201(b)(2)(A)’’ and in- ‘‘(d) Decisions whether an alien qualifies serting ‘‘201(b)(2)’’; ulations prescribe, that— for an immigrant visa under this section are ‘‘(A) the alien’s United States citizen son (2) Section 101(a)(15)(K) of the Immigration in the unreviewable discretion of the Sec- or daughter who is at least 21 years of age or and Nationality Act (8 .S.C. 1101(a)(15)(K)) is retary’’. the alien’s spouse or parent in nonimmigrant amended by striking ‘‘201(b)(2)(A)(i)’’ and in- SEC. 505. ELIMINATION OF DIVERSITY VISA PRO- status under l01(a)(15)(Y)(i), is sponsoring the serting ‘‘201(b)(2)’’; GRAM alien’s visit to the United States; (3) Section 204(a) of the Immigration and (a) Section 201 of the Immigration and Na- ‘‘(B) the sponsoring United States citizen, Nationality Act (8 U.S.C. 1154(a)) is amended tionality Act (8 U.S.C. 1151) is amended— or spouse or parent in nonimmigrant status by striking ‘‘201(b)(2)(A)(i)’’ each place it ap- (1) in subsection (a)— under 101(a)(15)(Y)(i), has, according to such pears and inserting ‘‘201(b)(2)’’; (A) by inserting ‘‘and’’ at the end of para- procedures as the Secretary may by regula- (4) Section 214(r)(3)(A) of the Immigration graph (1); tions prescribe, posted on behalf of the alien and Nationality Act (8 U.S.C. 1184(r)(3)(A)) is (B) by striking ‘‘; and’’ at the end of para- a bond in the amount of $1,000, which shall be amended by striking ‘‘201(b)(2)(A)(i)’’ and in- graph (2) and inserting a period; and forfeit if the alien overstays the authorized serting ‘‘201(b)(2)’’; (C) by striking paragraph (3); and period of admission (except as provided in SEC. 504. CREATION OF PROCESS FOR IMMIGRA- (2) by striking subsection (e). subparagraph (5)(B)) or otherwise violates TION OF FAMILY MEMBERS IN (b) Section 203 of the Immigration and Na- HARDSHIP CASES. the terms and conditions of his or her non- tionality Act (8 U.S.C. 1153) is amended— immigrant status; and (a) IN GENERAL.—The Immigration and Na- (1) by striking subsection (c); ‘‘(C) the alien, the sponsoring United tionality Act (8 U.S.C. 1101 et seq.) is amend- (2) in subsection (d), by striking ‘‘(a), (b), States citizen son or daughter, or the spouse ed by adding a new section 203A reading: or (c),’’ and inserting ‘‘(a) or (b),’’; or parent in nonimmigrant status under ‘‘SEC. 203A——. IMMIGRANT VISAS FOR HARDSHIP (3) in subsection (e), by striking paragraph 101(a)(15)(Y)(i), possesses the ability and fi- CASES. (2) and redesignating paragraph (3) as para- nancial means to return the alien to his or ‘‘(a) IN GENERAL.—Immigrant visas under graph (2); her country of residence. this section may not exceed 5,000 per fiscal (4) in subsection (f), by striking ‘‘(a), (b), or ‘‘(3) TERMS AND CONDITIONS.—An alien ad- year. (c)’’ and inserting ‘‘(a) or (b)’’ ; and mitted as a visitor for pleasure under the ‘‘(b) DETERMINATION OF ELIGIBILITY.—The (5) in subsection (g), by striking ‘‘(a), (b), provisions of this subsection— Secretary of Homeland Security may grant and (c)’’ and inserting ‘‘(a) and (b)’’. ‘‘(A) may not stay in the United States for an immigrant visa to an applicant who satis- (c) Section 204 of the Immigration and Na- an aggregate period in excess of 30 days with- fies the following qualifications: tionality Act (8 U.S.C. 1154) is amended— in any calendar year. ‘‘(1) FAMILY RELATIONSHIP.—Visas under (1) by striking subsection (a)(1)(I); ‘‘(B) must, according to such procedures as this section will be given to aliens who are: (2) by redesignating subparagraphs (J), (K), the Secretary may by regulations prescribe, ‘‘(A) the unmarried sons or daughters of and (L) of subsection (a)(l) as subparagraphs register with the Secretary upon departure citizens of the United States; (I), (J), and (K), respectively; and from the United States; and ‘‘(B) the unmarried sons or the unmarried (3) in subsection (e), by striking ‘‘(a), (b), ‘‘(C) may not be issued employment au- daughters of aliens lawfully admitted for or (c)’’ and inserting ‘‘(a) or (b)’’. thorization by the Secretary or be employed. permanent residence; ‘‘(4) CERTIFICATION.— (d) REPEAL OF TEMPORARY REDUCTION IN ‘‘(C) the married sons or married daughters ‘‘(A) REPORT.—No later than January 1 of VISAS FOR OTHER WORKERS.—Section 203(e) of citizens of the United States; or each year, the Secretary of Homeland Secu- of the Nicaraguan Adjustment and Central ‘‘(D) the brothers or sisters of citizens of rity shall submit a written report to Con- American Relief Act, as amended (Public the United States, if such citizens are at gress estimating the percentage of aliens ad- Law 105–100; U.S.C. 1153 note), is repealed. least 21 years of age, mitted to the United States during the pre- (e) EFFECTIVE DATE.— ‘‘(2) NECESSARY HARDSHIP.—The petitioner ceding fiscal year as visitors for pleasure (1) The amendments made by this section must demonstrate to the satisfaction of the under the terms and conditions of this sub- shall take effect on October 1, 2008; Secretary of Homeland Security that the section who have remained in the United (2) No alien may receive lawful permanent lack of an immigrant visa under this clause States beyond their authorized period of ad- resident status based an the diversity visa would result in extreme hardship to the peti- mission (except as provided in subparagraph program on or after the effective date of this tioner or the beneficiary that cannot be re- (S)(B)). When preparing this report, the Sec- section. lieved by temporary visits as a non- retary shall determine which countries, if (f) CONFORMING AMENDMENTS.—Section 203 immigrant. any, have a disproportionately high rate of of the Immigration and Nationality Act (8 ‘‘(3) INELIGIBILITY TO IMMIGRATE THROUGH nationals overstaying their period of author- U.S.C. 1153 (a)) is amended by redesignating OTHER MEANS.—The alien described in clause ized admission under this subsection. (1) must be ineligible to immigrate or adjust paragraphs (d), (e), (f), (g), and (h) as para- ‘‘(B) TERMINATION OF ELIGIBILITY OF NA- status through other means, including but graphs (c), (d), (e), (f), and (g), respectively. TIONALS OF CERTAIN COUNTRIES.—Except as not limited to obtaining an immigrant visa SEC. 506. FAMILY VISITOR VISAS. provided in subparagraph (C), if the Sec- filed for classification under section (a) Section 101(a)(15)(B) of the Immigration retary reports under subparagraph (A) for 201(b)(2)(A) or section 203 (a) or (b) of this and Nationality Act (8 U.S.C. 1101(a)(15)(B)) two consecutive fiscal years that the per- Act, and obtaining cancellation of removal is amended to read as follows: centage of aliens overstaying their period of under section 240A(b) of this Act determina- ‘‘(B) an alien (other than one coming for authorized admission exceeds 7 percent, the tion under this section that an alien is eligi- the purpose of study or of performing skilled Secretary may, in his discretion, determine ble to immigrate through other means does or unskilled labor or as a representative of that no more visas under this section may be not foreclose or restrict any later determina- foreign press, radio, film, or other foreign in- issued for those countries whose nationals tion on the question of eligibility by the Sec- formation media coming to engage in such have a disproportionately high rate of aliens retary of Homeland Security or the Attorney vocation) having a residence in a foreign overstaying their period of authorized admis- General. country which he or she has no intention of sion under this subsection. ‘‘(c) PROCESSING OF APPLICATIONS.— abandoning and who is visiting the United ‘‘(C) TERMINATION OF THE PROGRAM.—Not- ‘‘(1) An alien selected for an immigrant States temporarily for business or tempo- withstanding subparagraph (B), if the Sec- visa pursuant to this section shall remain el- rarily for pleasure. The requirement that the retary reports under subparagraph (A) for igible to receive such visa only if the alien alien have a residence in a foreign country two consecutive fiscal years that the per- files an application for an immigrant visa or which the alien has no intention of aban- centage of aliens overstaying their period of

VerDate Aug 31 2005 08:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.199 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6675 authorized admission under this subsection Fraud Prevention and Detection Account duced, the spouse of an allen who was subse- exceeds 7% and the percentage is not signifi- shall remain available to the Secretary of quently classified as a Z nonimmigrant cantly affected by countries whose nationals Homeland Security until expended for pro- under this section, or is eligible for such have a disproportionately high rate of aliens grams and activities to prevent and detect classification, if— overstaying their period of authorized admis- immigration benefit fraud, including but not ‘‘(aa) the termination of the relationship sion, the Secretary may, in his discretion, limited to fraud with respect to petitions with such spouse was connected to domestic determine that no more visas may be issued under paragraph (1) or (2)(A) of section 214(c) violence; and under this subsection as of the date of the to grant an alien nonimmigrant status de- ‘‘(bb) the spouse has been battered or sub- second consecutive report described in sub- scribed in subparagraph (H)(i), (H)(ii), or (L) jected to extreme cruelty by the spouse or paragraph (A) finding an overstay rate in ex- of section 101(a)(15). parent who is a Z nonimmigrant. cess of 7%. ‘‘(C) SECRETARY OF LABOR.—One third of ‘‘(iii) is under 18 years of age at the time of ‘‘(D) EFFECT ON EXISTING VISAS.—In the the amounts deposited into the Fraud Pre- application for nonimmigrant status under event the Secretary determines to that no vention and Detection Account shall remain this subparagraph, is physically present in more visas shall be issued under subpara- available to the Secretary of Labor until ex- the United States, has maintained contin- graphs (B) or (C); all visas previously issued pended for enforcement programs, and ac- uous physical presence in the United States under this subsection and still valid on the tivities described in section 212(n), and for since January 1, 2007, and was born to or le- date that the Secretary determines that no enforcement programs, and fraud detection gally adopted by at least one parent who is more visas should be issued shall expire on and prevention activities not otherwise au- at the time of application described in (i) or the visa’s date of expiration or 12 months thorized under 212(n), to be conducted by the (ii).’’. after the date of the determination, which- Secretary of Labor that focus on industries (c) PRESENCE IN THE UNITED STATES.— ever is soonest. likely to employ nonimmigrants.’’ (1) IN GENERAL—The alien shall establish ‘‘(5) PERMANENT BARS FOR OVERSTAYS.— SEC. 508. INCREASING PER-COUNTRY LIMITS FOR that the alien was not present in lawful sta- ‘‘(A) IN GENERAL.—Any alien admitted as FAMILY-BASED AND EMPLOYMENT- tus in the United States on January 1, 2007, visitor for pleasure under the terms and con- BASED IMMIGRANTS. under any classification described in section ditions of this subsection who remains in the (a) Section 202(a) of the Immigration and 101(a)(15) of the Act (8 U.S.C. 1101(a)(15) or United States beyond his or her authorized Nationality Act (8 U.S.C. 1152(a) is amended any other immlgration status made avail- period of admission is permanently barred by amending paragraph (2) to read as follows: able under a treaty or other multinational from any future immigration benefits under ‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON- agreement that has been ratified by the Sen- the immigration laws, except— SORED AND MERIT-BASED IMMIGRANTS.—Sub- ate. ‘‘(i) asylum under section 208(a); ject to paragraphs (3), (4), (5), (6), and (7), the (2) CONTINUOUS PRESENCE.—For purposes of ‘‘(ii) withholding of removal under section total number of immigrant visas made avail- this section, an absence from the United 241(b)(3); or able to natives of any single foreign state or States without authorization for a contin- ‘‘(iii) protection under the Convention dependent area under subsections (a) and (b) uous period of 90 days or more than 180 days Against Torture and Other Cruel, Inhuman of section 203 in any fiscal year may not ex- in the aggregate shall constitute a break in or Degrading Treatment or Punishment, ceed 10 percent (in the case of a single for- continuous physical presence. done at New York December 10, 1984. eign state) or 3 percent (in the case of de- (d) OTHER CRITERIA.— ‘‘(B) EXCEPTION.—Overstay of the author- pendent area) of the total number of such (1) GROUNDS OF INELIGIBILITY.—An alien is ized period of admission granted to aliens ad- visas made available under such subsections ineligible for Z nonimmigrant status if the mitted as visitors for pleasure under the in that fiscal year; Secretary determines that the alien— terms and conditions of this subsection may (b) Section 202(a) of the Immigration and (A)(1) is inadmissible to the United States be excused in the discretion of the Secretary Nationality Act (8 U.S.C. 1152(a) is amended under section 212(a) of the Act (8 U.S.C. where it is demonstrated that: by adding at the end the following: 1182(a)}, except as provided in paragraph (2); ‘‘(i) the period of overstay was due to ex- ‘‘(6) RULES FOR CERTAIN FAMILY-BASED PETI- (2) Nothing in this paragraph shall require traordinary circumstances beyond the con- TION FILED BEFORE MAY 1, 2005.—In the event the Secretary to commence removal pro- trol of the applicant, and the Secretary finds that the per country levels in paragraph (2) ceedings against an alien. the period commensurate with the cir- prevent the use of otherwise available visas (B) is subject to the execution of an out- cumstance; and described in section 201(c)(1)(B), then the per standing administratively final order of re- ‘‘(ii) the alien has not otherwise violated country level will not apply for such visas. moval, deportation, or exclusion; his or her nonimmigrant status. ‘‘(7) EXCEPTION FOR Z NONIMMIGRANTS.— (C) is described in or is subject to section ‘‘(6) BAR ON SPONSOR OF OVERSTAY.—The Paragraph (2) shall not apply to aliens who 241(61)(5) of the Act; United States citizen or Y–1 nonimmigrant are nonimmigrants described in section (D) has ordered, incited, assisted, or other- sponsor of an alien— 101(a)(15)(Z) of this Act who are eligible to wise participated in the persecution of any ‘‘(A) admitted as visitor for pleasure under seek lawful permanent resident status based person on account of race, religion, nation- the terms and conditions of this subsection, on a petition for classification under section ality, membership in a particular social and 203(b)(1) of this Act.’’. group, or political opinion; ‘‘(B) who remains in the United States be- (E) is an alien— yond his or her authorized period of admis- TITLE VI—NONIMMIGRANTS IN THE (i) for whom there are reasonable grounds sion, shall be permanently barred from spon- UNITED STATES PREVIOUSLY IN UN- for believing that the alien has committed a soring that alien or any other alien for ad- LAWFUL STATUS serious criminal offense as described in sec- mission as a visitor for pleasure under the SEC. 601. tion 101(h) of the Act outside the United terms and conditions of this subsection, and, (a) IN GENERAL.—Notwithstanding any States before arrivlng in the. United States; in the case of a Y–1 nonimmigrant sponsor, other provision of law, (including section or shall have his Y–1 nonimmigrant status ter- 244(h) of the Immigration and Nationality (ii) for whom there are reasonable grounds minated. Act (hereinafter ‘‘the Act’’) (8 U.S.C. for regarding the alien as a danger to the se- ‘‘(7) CONSTRUCTION.—Nothing in this sub- 1254a(h)), the Secretary may permit an alien, curity of the United States; or section shall be construed, except as pro- or dependent of such alien, described in this (F) has been convicted of— vided in this subsection, to make inappli- section, to remain lawfully in the United (i) a felony; cable the requirements for admissibility and States under the conditions set forth in this (ii) an aggravated felony as defined at sec- eligibility, as well as the terms and condi- Title. tion 101(a)(43) of the Act; tions of admission, as a nonimmigrant under (b) DEFINITION OF NONIMMIGRANTS.—Section (iii) 3 or more misdemeanors under Federal section 101(a)(15)(B).’’. 101(a)(15) of the Act (8 U.S.C. 1101(a)(15)) is or State law; or SEC. 507. PREVENTION OF VISA FRAUD. amended by inserting at the end the fol- (iv) a serious criminal offense as descried (a) Section 204 of the Immigration and Na- lowing new subparagraph— in section 101(h) of the Act; tionality Act (8 U.S.C. 1154) is amended by ‘‘(Z) subject to Title VI of the [Insert title (G) has entered or attempted to enter the adding a paragraph at the end: of Act], an alien who— United States illegally on or after January 1, ‘‘(h) FRAUD PREVENTION.—The Secretary of ‘‘(i) is physically present in the United 2007; and Homeland Security may audit and evaluate States, has maintained continuous physical (H) with respect to an applicant for Z–2 or the information furnished as part of the ap- presence in the United States since January Z–3 nonimmigrant status, a Z–2 non- plications filed under subsection (a) and 1, 2007, is employed, and seeks to continue immigrant, or a Z–3 nonimmigrant who is refer evidence of fraud to appropriate law en- performing labor, services or education; or under 18 years of age, the alien is ineligible forcement agencies based on the audit infor- ‘‘(ii) is physically present in the United for nonimmigrant status if the principal Z–1 mation.’’ States, has maintained continuous physical nonimmigrant Z–l nonimmigrant status ap- (b) Sections 286(v)(2)(B) and (C) of the Im- presence in the United States since January plicant is ineligible. migration and Nationality Act (8 U.S.C. 1, 2007, and (I) The Secretary may in his discretion 1356(v)(2)(B), (C)) are amended to read as fol- ‘‘(I) is the spouse or parent (65 years of age waive ineligibility under subparagraph (B) or lows: or older) of an alien described in (i); or (C) if the alien has not been physically re- ‘‘(B) SECRETARY OF HOMELAND SECURITY.— ‘‘(II) was within two years of the date on moved from the United States and if the One-third of the amounts deposited into the which [NAME OF THIS ACT] was intro- alien demonstrates that his departure from

VerDate Aug 31 2005 09:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.200 S24MYPT1 bajohnson on PRODPC74 with SENATE S6676 CONGRESSIONAL RECORD — SENATE May 24, 2007 the United States would result in extreme cient to recover the full cost of adjudicating established by the Secretary of Homeland hardship to the alien or the alien’s spouse, the application; but no more than $1,500 for Security. parent or child. single Z nonimmigrant. (g) CONTENT OF APPLICATION FILED BY (2) GROUNDS OF INADMISSIBILITY— (ii) An alien applying for extension of his Z ALIEN.— (A) IN GENERAL.—In determining an alien’s nonimmigrant status shall be required to (1) APPLICATION FORM.—The Secretary of admissibility under paragraph (1)(A)— pay a processing fee in an amount sufficient Homeland Security shall create an applica- (i) paragraphs (6)(A)(i) (with respect to an to cover administrative and other expenses tion form that an alien shall be required to alien present in the United States without associated with processing the extension ap- complete as a condition of obtaining Z non- being admitted or paroled before the date of plication; but no more than $1,500 for a sin- immigrant status. application, but not with respect to an alien gle Z nonimmigrant. (2) APPLICATION INFORMATION.— who has arrived in the United States on or (B) PENALTIES.— (A) IN GENERAL.—The application form after January 1, 2007), (6)(B), (6)(C)(i), (i) An alien making an initial application shall request such information as the Sec- (6)(C)(II), (6)(D), (6)(F), (6)(G), (7), (9)(B), for Z–1 nonimmigrant status shall be re- retary deems necessary and appropriate, in- (9)(C)(i)(I), and (10)(B) of section 212(a) of the quired to pay, in addition to the processing cluding but not limited to, information con- Act shall not apply, but only with respect to fee in subparagraph (A), a penalty of $1,000. cerning the alien’s physical and mental conduct occurring or arising before the date (ii) A Z–1 nonimmigrant making an initial health; complete criminal history, including of application; application for Z–1 nonimmigrant status all arrests and dispositions; gang member- (ii) the Secretary may not waive— shall be required to pay a $500 penalty for ship, renunciation of gang affiliation; immi- (I) subparagraph (A), (B), (C), (D)(ii), (E), each alien seeking Z–2 or Z–3 nonimmigrant gration history; employment history; and (F), (G), (H), or (I) of section 212(a)(2) of the status derivative to the 2–1 applicant. claims to United States citizenship. Act (relating to criminals); (iii) An alien who is a Z–2 or Z–3 non- (3) SECURITY AND LAW ENFORCEMENT BACK- (II) section 212(a)(3) of the Act (relating to immigrant and who has not previously been GROUND CHECKS.— security and related grounds); a Z–l nonimmigrant, and who changes status (A) SUBMISSION OF FINGERPRINTS.—The Sec- (III) with respect to an application for Z to that of a Z–l nonimmigrant, shall in addi- retary may not accord Z nonimmigrant sta- nonimmigrant status, section 212(a)(6)(i) of tion to processing fees be required to pay the tus unless the alien submits fingerprints and the Act; initial application penalties applicable to Z– other biometric data in accordance with pro- (IV) paragraph (6)(A)(i) of section 212(a) of l nonimmigrants. cedures established by the Secretary. the Act (with respect to any entries occur- (C) STATE IMPACT ASSISTANCE FEE.—In ad- (B) BACKGROUND CHECKS.—The Secretary ring on or after January 1, 2007); dition to any other amounts required to be shall utilize fingerprints and other biometric (V) section 212(a)(9)(C)(i)(II); paid under this subsection, a Z–1 non- data provided by the alien to conduct appro- (VI) subparagraph (A), (C), or (D) of section immigrant making an initial application for priate background checks of such alien to 212(a)(10) of the Act (relating to polygamists, Z–1 nonimmigrant status shall be required to search for criminal, national security, or child abductors, and unlawful voters); pay a State impact assistance fee equal to other law enforcement actions that would (iii) the Secretary may in his discretion $500. render the alien ineligible for classification waive the application of any provision of sec- (D) DEPOSIT AND SPENDING OF FEES.—The under this section. tion 212(a) of the Act not listed in subpara- processing fees under subparagraph (A) shall (h) TREATMENT OF APPLICANTS.— graph (B) on behalf of an individual alien for be deposited and remain available until ex- (1) IN GENERAL.—An alien who files an ap- humanitarian purposes, to ensure family pended as provided by sections 286(m) and plication for Z nonimmigrant status shall, unity, or if such waiver is otherwise in the (n). upon submission of any evidence required public interest; and (E) DEPOSIT, ALLOCATION, AND SPENDING OF under paragraphs (f) and (g) and after the (B) CONSTRUCTION.—Nothing in this para- PENALTIES.— Secretary has conducted appropriate back- graph shall be construed as affecting the au- (i) DEPOSIT OF PENALTIES.—The penalty ground checks, to include name and finger- thority of the Secretary other than under under subparagraph (B) shall be deposited print checks, that have not by the end of the this paragraph to waive the provisions of and remain available as provided by section next business day produced information ren- section 212(a) of the Act. 286(w). dering the applicant ineligible— (e) ELIGIBILITY REQUIREMENTS.—To be eli- (ii) DEPOSIT OF STATE IMPACT ASSISTANCE (A) be granted probationary benefits in the gible for Z nonimmigrant status an alien FUNDS.—The funds under subparagraph (C) form of employment authorization pending shall meet the following and any other appli- shall be deposited and remain available as final adjudication of the alien’s application; cable requirements set forth in this section: provided by section 286(x). (B) may in the Secretary’s discretion re- (1) ELIGIBILITY.—The alien must not fall (7) INTERVIEW.—An applicant for Z non- ceive advance permission to re-enter the within a class of aliens ineligible for Z non- immigrant status must appear to be inter- United States pursuant to existing regula- immigrant status listed under subsection viewed. tions governing advance parole; (d)(l). (8) MILITARY SELECTIVE SERVICE.—The (C) may not be detained for immigration (2) ADMISSIBILITY.—The alien must not be alien shall establish that if the alien is with- purposes, determined inadmissible or deport- inadmissible as a nonimmigrant to the in the age period required under the Military able, or removed pending final adjudication United States under section 212, except as Selective Service Act (50 U.S.C. App. 451 et of the alien’s application, unless the alien is provided in subsection (d)(2), regardless of seq.) that such alien has registered under determined to be ineligible for Z non- whether the alien has previously been admit- that Act. immigrant status; and ted to the United States. (f) APPLICATION PROCEDURES.— (D) may not be considered an unauthorized (3) PRESENCE.—To be eligible for Z–1 or Z– (1) IN GENERAL.—The Secretary of Home- alien (as defined in section 274A(h)(3) of the 2 nonimmigrant status, or for nonimmigrant land Security shall prescribe by notice in the Immigration and Nationality Act (8 U.S.C. status under section 101(a)(15)(Z)(iii)(I), the Federal Register, in accordance with the pro- 1324a(h)(3))) unless employment authoriza- alien must— cedures described in section 610 of the tion under subparagraph (A) is denied. (A) have been physically present in the [NAME OF THIS ACT], the procedures for an (2) TIMING OF PROBATIONARY BENEFITS.—No United States before January 1, 2007, and alien in the United States to apply for Z non- probationary benefits shall be issued to an have maintained continuous physical pres- immigrant status and the evidence required alien until the alien has passed all appro- ence in the United States since that date; to demonstrate eligibility for such status. priate background checks or the end of the (B) be physically present in the United (2) INITIAL RECEIPT OF APPLICATIONS.—The next business day, whichever is sooner. States on the date of application for Z non- Secretary of Homeland Security, or such (3) CONSTRUCTION.—Nothing in this section immigrant status; and other entities as are authorized by the Sec- shall be construed to limit the Secretary’s (C) be on January 1, 2007, and on the date retary to accept applications under the pro- authority to conduct any appropriate back- of application for Z nonimmigrant status, cedures established under this subsection, ground and security checks subsequent to not present in lawful status in the United shall accept applications from aliens for non- issuance of evidence of probationary benefits States under any classification described in immigrant status for a period of one year under paragraph (4). section 101(a)(15) of the Immigration and Na- starting the first day of the first month be- (4) PROBATIONARY AUTHORIZATION DOCU- tionality Act (8 U.S.C. 1101(a)(15)) or any ginning no more than 180 days after the date MENT.—The Secretary shall provide each other immigration status made available of enactment of this section. If, during the alien described in paragraph (1) with a coun- under a treaty or other multinational agree- one-year initial period for the receipt of ap- terfeit-resistant document that reflects the ment that has been ratified by the Senate. plications for Z nonimmigrant status, the benefits and status set forth in paragraph (4) EMPLOYMENT.—An alien seeking Z–1 Secretary of Homeland Security determines (h)(1). The Secretary may by regulation es- nonimmigrant status must be employed in that additional time is required to register tablish procedures for the issuance of docu- the United States on the date of filing of the applicants for Z nonimmigrant status, the mentary evidence of probationary benefits application for Z–l nonimmigrant status. Secretary may in his discretion extend the and, except as provided herein, the condi- (6) FEES AND PENALTIES.— period for accepting applications by up to 12 tions under which such documentary evi- (A) PROCESSING FEES.— months. dence expires, terminates, or is renewed. All (I) An alien making an initial application (3) BIOMETRIC DATA.—Each alien applying documentary evidence of probationary bene- for Z nonimmigrant status shall be required for Z nonimmigrant status must submit bio- fits shall expire no later than six months to pay a processing fee in an amount suffi- metric data in accordance with procedures after the date on which the Secretary begins

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to approve applications for Z nonimmigrant (D) ADDITIONAL DOCUMENTS.—The Sec- 312(a)(1) and (2) by demonstrating enrollment status. retary may— in or placement on a waiting list for English (5) BEFORE APPLICATION PERIOD.—If an (i) designate additional documents to evi- classes. alien is apprehended between the date of en- dence the required period of presence, em- (II) REQUIREMENT AT SECOND RENEWAL.—At actment and the date on which the period for ployment, or study; and or before the time of application for the sec- initial registration closes under subsection (ii) set such terms and conditions on the ond extension of Z nonimmigrant status, an (f)(2), and the alien can establish prima facie use of affidavits as is necessary to verify and alien who is 18 years of age or older must eligibility for Z nonimmigrant status, the confirm the identity of any affiant or other- pass the naturalization test described in sec- Secretary shall provide the alien with a rea- wise prevent fraudulent submissions. tions 312(a)(1) and (2). The alien may make sonable opportunity to file an application (3) BURDEN OF PROOF.—An alien who is ap- up to three attempts to demonstrate such under this section after such regulations are plying for a Z nonimmigrant visa under this understanding and knowledge but must sat- promulgated. section shall prove, by a preponderance of isfy this requirement prior to the expiration (6) DURING CERTAIN PROCEEDINGS.—Not- the evidence, that the alien has satisfied the of the second extension of Z nonimmigrant withstanding any provision of the Act, if the requirements of this section. status. Secretary determines that an alien who is in (4) DENIAL OF APPLICATION.— (III) EXCEPTION.—The requirement of sub- removal proceedings is prima facie eligible (i) An alien who fails to satisfy the eligi- clauses (1) and (II) shall not apply to any for Z nonimmigrant status, then the Sec- bility requirements for a Z nonimmigrant parson who, on the date of the filing of the retary shall affirmatively communicate such visa shall have his application denied and person’s application for an extension of non- determination to the immigration judge. may not file additional applications. immigrant status— The immigration judge shall then terminate (ii) An alien who fails to submit requested (aa) is unable because of physical or devel- or administratively close such proceedings initial evidence, including requested biomet- opmental disability or mental impairment to and permit the alien a reasonable oppor- ric data, and requested additional evidence comply therewith; (bb) is over fifty years of age and has been tunity to apply for such classification. by the date required by the Secretary shall, living the United States for periods totaling (i) ADJUDICATION OF APPLICATION FILED BY except where the alien demonstrates to the at least twenty years, or ALIEN.— satisfaction of the Secretary that such fail- (cc) is over fifty-five years of age and has (1) IN GENERAL.—The Secretary may ap- ure was reasonably excusable or was not been living in the United States for periods prove the issuance of documentation of sta- willful, have his application considered aban- totaling at least fifteen years. tus, as described in subsection (j), to an ap- doned. Such application shall be denied and (iii) EMPLOYMENT.—With respect to an ex- the alien may not file additional applica- plicant for a Z nonimmigrant visa who satis- tension of Z–1 or Z–3 nonimmigrant status tions. fies the requirements of this section. an alien must demonstrate satisfaction of VIDENCE OF CONTINUOUS PHYSICAL PRES- (j) EVIDENCE OF NONIMMIGRANT STATUS.— (2) E the employment or study requirements pro- ENCE, EMPLOYMENT, OR EDUCATION.— (1) IN GENERAL.—Documentary evidence of vided in subsection (m) during the alien’s (A) PRESUMPTIVE DOCUMENTS.—A Z non- nonimmigrant status shall be issued to each most recent authorized period of stay as of immigrant or an applicant for Z non- Z nonimmigrant. the date of application; and immigrant status may presumptively estab- (2) FEATURES OF DOCUMENTATION.—Docu- (iv) FEES.—The alien must pay processing mentary evidence of Z nonimmigrant status: lish satisfaction of each required period of fee in an amount sufficient to recover the (A) shall be machine-readable, tamper-re- presence, employment, or study by submit- full cost of adjudicating the application, but sistant, and shall contain digitized photo- ting records to the Secretary that dem- no more than $1,500 for a single Z non- graph and other biometric identifiers that onstrate such presence, employment, or immigrant. can be authenticated; study, and that the Secretary verifies have (C) SECURITY AND LAW ENFORCEMENT BACK- (B) shall be designed in consultation with been maintained by the Social Security Ad- GROUND CHECKS.—An alien applying for ex- U.S. Immigration and Customs Enforce- ministration, the Internal Revenue Service, tension of Z nonimmigrant status may be re- ment’s Forensic Document Laboratory; or any other Federal, State, or local govern- quired to submit to a renewed security and (C) shall, during the alien’s authorized pe- ment agency. law enforcement background check that riod of admission under subsection (k), serve (B) VERIFICATION.—Each Federal agency, must be completed to the satisfaction of the as valid travel and entry document for the and each State or local government agency, Secretary of Homeland Security before such purpose of applying for admission to the as a condition of receipt of any funds under extension may be granted. United States where the alien is applying for Section 286(x), shall within 90 days of enact- (D) TIMELY FILING AND MAINTENANCE OF admission at a Port of Entry. ment ensure that procedures are in place STATUS. under which such agency shall— (D) may be accepted during the period of (i) IN GENERAL.—An extension of stay (i) consistent with all otherwise applicable its validity by an employer as evidence of under this paragraph, or a change of status laws, including but not limited to laws gov- employment authorization and identity to another nonimmigrant status under sub- erning privacy, provide documentation to an under section 274A(b)(1)(B); and section (I), may not be approved for an appli- alien upon request to satisfy the documen- (E) shall be issued to the nonimmigrant by cant who failed to maintain Z nonimmigrant tary requirements of this paragraph; or the Secretory of Homeland Security prompt- status or where such status expired or termi- (ii) notwithstanding any other provision of ly after final adjudication of such aliens ap- nated before the application was filed. law, including section 6103 of title 26, United plication for Z nonimmigrant status, except (ii) EXCEPTION.—Failure to file before the States Code, provide verification to the Sec- that an alien may not be granted permanent period of previously authorized status ex- retary of documentation offered by an alien Z nonimmigrant status until all appropriate pired or terminated may be excused in the as evidence of background checks on the alien are com- discretion of the Secretary and without sepa- (I) presence or employment required under pleted to the satisfaction of the Secretary of rate application, with any extension granted this section, or Homeland Security. from the date the previously authorized stay (II) a requirement for any other benefit (k) PERIOD OF AUTHORIZED ADMISSION.— expired, where it is demonstrated at the time under the immigration laws. (1) INITIAL PERIOD.—The initial period of of filing that: (C) OTHER DOCUMENTS.—A Z nonimmigrant authorized admission as a Z nonimmigrant (I) the delay was due to extraordinary cir- or an applicant for Z nonimmigrant status shall be four years. cumstances beyond the control of the appli- who is unable to submit a document de- (2) EXTENSIONS.— cant, and the Secretary finds the delay com- scribed in subparagraph (i) may establish (A) IN GENERAL.—Z nonimmigrant may mensurate with the circumstances; and satisfaction of each required period of pres- seek an indefinite number of four-year ex- (II) the alien has not otherwise violated his ence, employment, or study by submitting to tensions of the initial period of authorized Z nonimmigrant status. the Secretary at least 2 other types of reli- admission. (iii) EXEMPTIONS FROM PENALTY AND EM- able documents that provide evidence of em- (B) REQUIREMENTS.—In order to be eligible PLOYMENT REQUIREMENTS.—An alien dem- ployment, including— for an extension of the initial or any subse- onstrating extraordinary circumstances (i) bank records; quent period of authorized admission under under clause (ii), including the spouse of a Z- (ii) business records; this paragraph, an alien must satisfy the fol- 1 nonimmigrant who has been battered or (iii) employer records; lowing requirements: has been the subject of extreme cruelty per- (iv) records of a labor union or day labor (i) ELIGIBILITY.—The alien must dem- petrated by the Z-1 nonimmigrant, and who center; onstrate continuing eligibility for non- is changing to Z-1 nonimmigrant status, may (v) remittance records; immigrant status; be exempted by the Secretary, in his discre- (vi) sworn affidavits from nonrelatives who (ii) ENGLISH LANGUAGE AND CIVICS.— tion, from— have direct knowledge of the alien’s work, ‘‘(I) REQUIREMENT AT FIRST RENEWAL.—At (I) the requirements under subsection (m) that contain— or before the time of application for the first for period of up to 180 days; and (aa) the name, address, and telephone num- extension of nonimmigrant status, an alien (II) the penalty provisions of section ber of the affiant; who is 18 years of age or older must dem- (e)(6)(B)(iii), except that the alien must pay (bb) the nature and duration of the rela- onstrate an attempt to gain an under- the penalty under section (e)(6)(B) at the tionship between the affiant and the alien; standing of the English language and knowl- time of application for the alien’s first sub- and edge of United States civics by taking the sequent extension of Z–1 nonimmigrant sta- (cc) other verification or information. naturalization test described in sections tus.

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(E) BARS TO EXTENSION.—Except as pro- (A) may travel outside of the United (q) DISSEMINATION OF INFORMATION ON Z vided in subparagraph (D), a Z nonimmigrant States; and PROGRAM.—During the 2 year period imme- shall not be eligible to extend such non- (B) may be readmitted (if otherwise admis- diately after the issuance of regulations im- immigrant status if: sible) without having to obtain a visa if: plementing this title, the Secretary, in co- (i) the alien has violated any term or con- (i) the alien’s most recent period of author- operation with entities approved by the Sec- dition of his or her Z nonimmigrant status, ized admission has not expired; retary, shall broadly disseminate informa- including but not limited to failing to com- (ii) the alien is the bearer of valid docu- tion respecting Z classification under this ply with the change of address reporting re- mentary evidence of Z nonimmigrant status section and the requirements to be satisfied quirements under section 265; that satisfies the conditions set forth in sec- to obtain such classification. The Secretary (ii) the period of authorized admission of tion (j); and shall disseminate information to employers the Z nonimmigrant has been terminated for (iii) the alien is not subject to the bars on and labor unions to advise them of the rights any reason; or extension described in subsection (k)(2)(E). and protections available to them and to (2) ADMISSIBILITY—On seeking readmission (iii) with respect to a Z–2 or Z–3 non- workers who file applications under this sec- to the United States after travel outside the immigrant, the principal allen’s Z–l non- tion. Such information shall be broadly dis- United States an alien granted Z non- immigrant status has been terminated. seminated, in no fewer than the top five immigrant status must establish that he or (l) CHANGE OF STATUS.— principal languages, as determined by the she is not inadmissible, except as provided (1) CHANGE FROM NONIMMIGRANT STATUS.— Secretary in his discretion, spoken by aliens by subsection (d)(2). (A) IN GENERAL.—A Z nonimmigrant may who would qualify for classification under (3) EFFECT ON PERIOD OF AUTHORIZED AD- not change status under section 248 to an- this section, including to television, radio, MISSION.—Time spent outside the United other nonimmigrant status, except another and print media to which such aliens would States under paragraph (1) shall not extend Z nonimmigrant status or status under sub- have access. the most recent period of authorized admis- paragraph (U) of section 101(a)(15). (r) DEFINITIONS.—In this title and section sion in the United States under subsection (B) CHANGE FROM Z–A STATUS.— A Z–A 214A of the Immigration and Nationality (k). nonimmigrant may change status to Z non- Act: (o) TERMINATION OF BENEFITS.— immigrant status at the time of renewal ref- (1)Z NONIMMIGRANT; Z NONIMMIGRANT WORK- (1) IN GENERAL.—Any benefit provided to a erenced in section 214A(j)(1)(C) of the Immi- ER.—The term ‘Z nonimmigrant worker’ gration and Nationality Act. Z nonimmigrant or an applicant for Z non- immigrant status under this section shall means an alien admitted to the United (C) LIMIT ON CHANGES.—A Z nonimmigrant States under paragraph (Z) of subsection may not change status more than one time terminate if— (A) the Secretary determines that the 101(a)(15). The term does not include aliens per 365-day period. The Secretary may, in his alien is ineligible for such classification and granted probationary benefits under sub- discretion, waive the application of this sub- all review procedures under section 603 of the section (h) and whose applications for non- paragraph to an alien if it is established to [Insert title of Act] have been exhausted or immigrant status under section 101(a)(15)(Z) the satisfaction of the Secretary that appli- waived by the alien; of the Act have not yet been adjudicated. cation of this subparagraph would result in (B)(i) the alien is found removable from (2) Z–1 NONIMMIGRANT; Z–1 WORKER.—The extreme hardship to the alien. the United States under section 237 of the term ‘Z–1 nonimmigrant’ or ‘Z–1 worker’ (2) NO CHANGE TO Z NONIMMIGRANT STA- Immigration and Nationality Act (8 U.S.C. means an alien admitted to the United TUS.—A nonimmigrant under the immigra- 1227); States under paragraph (i)(I) of subsection tion laws may not change status under sec- (ii) the alien becomes inadmissible under 10 1(a)(15)(Z). tion 248 to Z nonimmigrant status. section 212 (except as provided in subsection (3) Z–A NONIMMIGRANT; Z–A WORKER.—The (m) EMPLOYMENT.— (d)(2), or term ‘Z–A nonimmigrant’ or ‘Z–A worker’ (1) Z–L AND Z–3 NONIMMIGRANTS.— (iii) the alien becomes ineligible under sub- means an alien admitted to the United (A) IN GENERAL.—Z–l and Z–3 non- section (d)(l); States under paragraph (ii)(II) of subsection immigrants shall be authorized to work in (C) the alien has used documentation 101(a)(15)(Z). the United States. issued under this section for unlawful or (4) Z–2 NONIMMIGRANT.—The term ‘Z–2 non- (B) CONTINUOUS EMPLOYMENT REQUIRE- fraudulent purposes; immigrant’ means an alien admitted to the MENT.—All requirements that an alien be (D) in the case of the spouse or child of an United States under paragraph (ii) of sub- employed or seeking employment for pur- alien applying for a Z nonimmigrant visa or section 101(a)(15)(Z). poses of this Title shall not apply to an alien classified as a Z nonimmigrant under this (5) Z–3 NONIMMIGRANT; Z–3 WORKER.—The who is under 16 years or over 65 years of age. section, the benefits for the principal alien term ‘Z–3 nonimmigrant’ or ‘Z–3 worker’ A Z–l or Z–3 nonimmigrant between 16 and 65 are terminated; means an alien admitted to the United years of age must remain continuously em- (E) with respect to a Z–l or Z–3 non- States under paragraph (iii) of subsection ployed full time in the United States as a immigrant, the employment or study re- 101(a)(15)(z). condition of such nonimmigrant status, ex- quirements under subsection (m) have been SEC. 602. EARNED ADJUSTMENT FOR Z STATUS cept where— violated; or ALIENS. (i) the alien is pursuing full course of study (F) with respect to probationary benefits, (a) LAWFUL PERMANENT RESIDENCE.— at an established college, university, semi- the alien’s application for Z nonimmigrant (1) Z–1 NONIMMIGRANTS.— nary, conservatory, trade school, academic status is denied. (A) PROHIBITION ON IMMIGRANT VISA.—A Z– high school, elementary school, or other aca- (2) DENIAL OF IMMIGRANT VISA OR ADJUST- 1 nonimmigrant may not be issued an immi- demic institution or language training pro- MENT APPLICATION.—Any application for an grant visa pursuant to sections 221 and 222. gram; immigrant visa or adjustment of status to (B) ADJUSTMENT.—Notwithstanding sec- (ii) the alien is employed while also en- lawful permanent resident status made tions 245(a) and (c), the status of any Z–1 gaged in study at an established college, uni- under this section by an alien whose Z non- nonimmigrant may be adjusted by the Sec- versity, seminary, conservatory, academic immigrant status is terminated under para- retary of Homeland Security to that of an high school, elementary school, or other aca- graph (1) shall be denied. alien lawfully admitted for permanent resi- demic institution or language training pro- (3) DEPARTURE FROM THE UNITED STATES.— dence. gram; Any alien whose period of authorized admis- (C) REQUIREMENTS.—A Z–1 nonimmigrant (iii) the alien cannot demonstrate employ- sion or probationary benefits is terminated may adjust status to that of an alien law- ment because of a physical or mental dis- under paragraph (1), as well as the alien’s Z– fully admitted for permanent residence upon ability (as defined under section 3(2) of the 2 or Z–3 nonimmigrant dependents, shall de- satisfying, in addition to all other require- Americans with Disabilities Act of 1990 (42 part the United States immediately. ments imposed by law, including the merit U.S.C. 12102(2)) or as a result of pregnancy if (4) INVALIDATION OF DOCUMENTATION.—Any requirements set forth in section such condition is evidenced by the submis- documentation that is issued by the Sec- 203(b)(1)(A)[INSERT CITE], the following re- sion of documentation prescribed by the Sec- retary of Homeland Security under sub- quirements: retary; or section (j) or pursuant to subsection (h)(4) to (i) STATUS.—The alien must be in valid Z– (iv) the alien’s ability to work has been any alien, whose period of authorized admis- 1 nonimmigrant status; temporarily interrupted by an event that the sion terminates under paragraph (1), shall (ii) CONSULAR APPLICATION.— Secretary has determined to be a force automatically be rendered invalid for any (I) IN GENERAL.—A Z–1 nonimmigrant’s ap- majeure interruption. purpose except departure. plication for adjustment of status to that of (2) Z–2 Nonimmigrants.—Z–2 non- (p) REVOCATION.—If, at any time after an an alien lawfully admitted for permanent immigrants shall be authorized to work in alien has obtained status under section 601 of residence must be filed in person with a the United States. the [Insert title of Act] but not yet adjusted United States consulate abroad. (3) PORTABILITY.—Nothing in this sub- such status to that of an alien lawfully ad- (II) PLACE OF APPLICATION.—Unless other- section shall be construed to limit the abil- mitted for permanent residence under sec- wise directed by the Secretary of State, a Z– ity of a Z nonimmigrant to change employ- tion 602, the Secretary may, for good and 1 nonimmigrant applying for adjustment of ers during the alien’s period of authorized sufficient cause, if it appears that the alien status under this paragraph shall make an admission. was not in fact eligible for status under sec- application at a consular office in the alien’s (n) TRAVEL OUTSIDE THE UNITED STATES.— tion 601, revoke the alien’s status following country of origin. A consular office in a (1) IN GENERAL—AZ NONIMMIGRANT.— appropriate notice to the alien. country that is not Z–1 nonimmigrant’s

VerDate Aug 31 2005 09:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.166 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6679 country of origin may as a matter of discre- (A) the provisions under section 204(a)(1)(J) tablish an appellate authority to provide for tion, or shall at the direction of the Sec- of the Immigration and Nationality Act (8 a single level of administrative appellate re- retary of State, accept an application for ad- U.S.C. 1154(a)(1)(J)); and view of a denial, termination, or rescission of justment of status from such an alien. (B) the protections, prohibitions, and pen- status under [this Act]. (iii) APPROVED PETITION.—The alien must alties under section 384 of the Illegal Immi- (3) STANDARD FOR REVIEW.—Such adminis- be the beneficiary of an approved petition gration Reform and Immigrant Responsi- trative appellate review shall be based solely under section 204 of the Act or have an ap- bility Act of 1996 (8 U.S.C. 1367). upon the administrative record established proved petition that was filed pursuant to (5) BACK OF THE LINE.—An alien may not at the time of the determination on the ap- the evaluation system under section adjust status to that of a lawful permanent plication and upon such additional newly 203(b)(1)(A) of the Act; resident under this section until 30 days discovered or previously unavailable evi- (iv) ADMISSIBILITY.—The alien must not be after an immigrant visa becomes available dence as the administrative appellate review inadmissible under section 212(a), except for for approved petitions filed under sections authority may decide to consider at the time those grounds previously waived under sub- 201, 202, and 203 of the Act that were filed be- of the determination. section (d)(2); fore May 1, 2005. (4) LIMITATION ON MOTIONS TO REOPEN AND (v) FEES AND PENALTIES.—In addition to (6) INELIGIBILITY FOR PUBLIC BENEFITS.—For RECONSIDER.—During the administrative ap- the fees payable to the Secretary of Home- purposes of section 403 of the Personal Re- pellate review process the alien may file not land Security and Secretary of State in con- sponsibility and Work Opportunity Rec- more than one motion to reopen or to recon- nection with the filing of an immigrant peti- onciliation Act of 1996 (8 U.S.C. 1613), an sider. The Secretary’s decision whether to tion and application for adjustment of sta- alien whose status has been adjusted under consider any such motion is committed to tus, a Z–1 head of household must pay a this section shall not be eligible for any Fed- the Secretary’s discretion. $4,000 penalty at the time of submission of eral means-tested public benefit unless the (b) REMOVAL OF ALIENS WHO HAVE BEEN DE- any immigrant petition on his behalf, re- alien meets the alien eligibility criteria for NIED STATUS UNDER THIS TITLE.— (1) SELF-INITIATED REMOVAL.—Any alien gardless of whether the alien submits such such benefit under title IV of such Act (8 who receives a denial under subsection (a) petition on his own behalf or the alien is the U.S.C. 1601 et seq.). may request, not later than 30 calendar days beneficiary of an immigrant petition filed by (7) MEDICAL EXAMINATION.—An applicant after the date of the denial or the mailing another party; and for earned adjustment shall undergo an ap- thereof, whichever occurs later in time, that (D) EXEMPTIONS.—Section 602(a)(1)(c)(ii) propriate medical examination (including a the Secretary place the alien in removal pro- shall not apply to an alien who, on the date determination of immunization status) that ceedings. The Secretary shall place the alien on which the application for adjustment of conforms to generally accepted professional status is filed under this section, is exempted in removal proceedings to which the alien standards of medical practice. would otherwise be subject, unless the alien from the employment requirements under (8) PAYMENT OF INCOME TAXES.— is subject to an administratively final order subsection (m)(l)(B)(iii). (A) IN GENERAL.—Not later than the date of removal, provided that no court shall have (E) FAILURE TO ESTABLISH LAWFUL ADMIS- on which status is adjusted under this sec- jurisdiction to review the timing of the Sec- SION TO THE UNITED STATES.—Unless exempt- tion, the applicant shall satisfy any applica- retary’s initiation of such proceedings. If the ed under subparagraph (D), a Z immigrant ble Federal tax Liability accrued during the who fails to depart and reenter the United alien is subject to an administratively final period of status by establishing that— order of removal, the alien may seek review States in accordance with paragraph (1) may (i) no such tax liability exists; of the denial under this section pursuant to not become a lawful permanent resident (ii) all outstanding liabilities have been subsection 242(h) as though the order of re- under this section. paid; or moval had been entered on the date of the (2) Z–2 AND Z–3 NONIMMIGRANTS.— (iii) the applicant has entered into, and is (A) RESTRICTION ON VISA ISSUANCE OR AD- denial, provided that the court shall not re- in compliance with, an agreement for pay- JUSTMENT.—An application for an immigrant view the order of removal except as other- ment of all outstanding liabilities with the visa or for adjustment of status to that of an wise provided by law. Internal Revenue Service. alien lawfully admitted for permanent resi- (2) ALIENS WHO ARE DETERMINED TO BE IN- (B) IRS COOPERATION.—The Secretary of dence of a Z–2 nonimmigrant or a Z–3 non- ELIGIBLE DUE TO CRIMINAL CONVICTIONS.— the Treasury shall establish rules and proce- immigrant under 18 years of age may not be (i) AGGRAVATED FELONS.—Notwithstanding dures under which the Commissioner of In- approved before the adjustment of status of any other provision of this Act, an alien ternal Revenue shall provide documentation the alien’s principal Z–1 nonimmigrant. whose application for status under this title to— (B) ADJUSTMENT OF STATUS.— has been denied or whose status has been ter- (i) ADJUSTMENT.—Notwithstanding sec- (i) the applicant, upon request, to establish minated or revoked by the Secretary under tions 245(a) and (c), the status of any Z–2 or the payment of all taxes required under this clause (1)(F)(ii) of subsection 601(d) of [this Z–3 nonimmigrant may be adjusted by the subsection; or Act] because the alien has been convicted of Secretary of Homeland Security to that of (ii) the Secretary, upon request, regarding an aggravated felony, as defined in para- an alien lawfully admitted for permanent the payment of Federal taxes by an alien ap- graph 101(a)(43) of the INA, may be placed residence. plying for benefit under this section. forthwith in proceedings pursuant to section (ii) REQUIREMENTS.—A Z–2 or Z–3 non- (9) DEPOSIT OF FEES.—Fees collected under 238(b) of the INA. immigrant may adjust status to that of an this paragraph shall be deposited into the (ii) OTHER CRIMINALS.—Notwithstanding alien lawfully admitted for permanent resi- Immigration Examination Fee Account and any other provision of this Act, any other dence upon satisfying, in addition to all shall remain available as provided under sub- alien whose application for status under this other requirements imposed by law, the fol- sections (m) and (n) of section 286 of the Im- title has been denied or whose status has lowing requirements: migration and Nationality Act (8 U.S.C. been terminated or revoked by the Secretary (I) STATUS.—The alien must be in valid Z– 1356). under clauses (1)(F)(i), (iii), or (iv) of sub- 2 or Z–3 nonimmigrant status; (10) DEPOSIT OF PENALTIES.—Penalties col- section [CITE: 601(d)] of [this Act] may be (II) APPROVED PETITION.—The alien must be lected under this paragraph shal1 be depos- placed forthwith in removal proceedings the beneficiary of an approved petition under ited into the Temporary Worker Program under section 240 of the INA. section 204 of the Act or have an approved Account and shall remain available as pro- (iii) FINAL DENIAL, TERMINATION OR RESCIS- petition that was filed pursuant to the vided under section 286(w) of the Immigra- SION.—The Secretary’s denial, termination, merit-based evaluation system under section tion and Nationality Act. or rescission of the status of any alien de- 203(b)(1)(A) of the Act; SEC. 603. ADMINISTRATIVE REVIEW, REMOVAL scribed in clauses (i) and (ii) of this subpara- (III) ADMISSIBILITY.—The alien must not be PROCEEDINGS, AND JUDICIAL RE- graph shall be final for purposes of subpara- inadmissible under section 212(a), except for VIEW FOR ALIENS WHO HAVE AP- graph 242(h)(3)(C) of the INA and shall rep- those grounds previously waived under sub- PLIED FOR LEGAL STATUS. resent the exhaustion of all review proce- section (d)(2); (a) ADMINISTRATIVE REVIEW FOR ALIENS dures for purposes of subsections 601(h) (re- (IV) FEES.—The alien must pay the fees WHO HAVE APPLIED FOR STATUS UNDER THIS lating to treatment of applicants) and 601(o) payable to the Secretary of Homeland Secu- TITLE.— (relating to termination of proceedings) of rity and Secretary of State in connection (1) EXCLUSIVE REVIEW.—Administrative re- this Act, notwithstanding paragraph (a)(2) of with the filing of an immigrant petition and view of a determination respecting non- this section. application for an immigrant visa; and immigrant status under this title shall be (3) LIMITATION ON MOTIONS TO REOPEN AND (3) MAINTENANCE OF WAIVERS OF INADMIS- conducted solely in accordance with this RECONSIDER.—During the removal process SIBILITY.—The grounds of inadmissibility not subsection. under this subsection the alien may file not applicable under section (d)(2) shall also be (2) ADMINISTRATIVE APPELLATE REVIEW.— more than one motion to reopen or to recon- considered inapplicable for purposes of ad- Except as provided in subparagraph (b)(2), an sider. The Secretary’s or Attorney General’s mission as an immigrant or adjustment pur- alien whose status under this title has been decision whether to consider any such mo- suant to this subsection. denied, terminated, or revoked may file not tion is committed to the Attorney General’s (4) APPLICATION OF OTHER LAW.—In proc- more than one appeal of the denial, termi- discretion. essing applications under this subsection on nation, or rescission with the Secretary not (c) JUDICIAL REVIEW.—Section 242 of the behalf of aliens who have been battered or later than 30 calendar days after the date of Immigration and Nationality Act is amended subjected to extreme cruelty, the Secretary the decision or mailing thereof, whichever by adding at the end the following sub- shall apply— occurs later in time. The Secretary shall es- section (h):

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‘‘(h) JUDICIAL REVIEW OF ELIGIBILITY DE- status under that title was contrary to law (C) an alien whom the Secretary deter- TERMINATIONS RELATING TO STATUS UNDER in proceeding under section 603 of [this Act] mines has ordered, incited, assisted, or oth- TITLE VI OF [THIS ACT]. and paragraph (b)(2) of this section. erwise participated in the persecution of any ‘‘(1) EXCLUSIVE REVIEW.—Notwithstanding ‘‘(B) DEADLINES FOR BRINGING ACTIONS.— person on account of race, religion, nation- any other provision of law (statutory or non- Any action instituted under this paragraph, ality, membership in particular social group, statutory), including section 2241 of title 28, ‘‘(i) must, if it asserts a claim that title VI or political opinion; or any other habeas corpus provision, and of [this Act] or any regulation, written pol- (D) an alien whom the Secretary deter- sections 1361 and 1651 of such title, and ex- icy, or written directive issued by or under mines has, in connection with his applica- cept as provided in this subsection, no court the authority of the Secretary to implement tion under sections 601 or 602, engaged in shall have jurisdiction to review a deter- that title violates the Constitution or is oth- fraud or willful misrepresentation, conceal- mination respecting an application for sta- erwise unlawful, be filed no later than one ment of a material fact, or knowingly of- tus under title VI of [this Act], including, year after the date of the publication or pro- fered a false statement, representation or without limitation, denial, termination, or mulgation of the challenged regulation, pol- document; rescission of such status. icy or directive or, in cases challenging the (E) an alien who has knowingly and volun- validity of the Act, within one year of enact- ‘‘(2) NO REVIEW FOR LATE FILINGS.—An alien tarily waived in writing the confidentiality may not file an application for status under ment; and provisions in subsection (a); or ‘‘(ii) must, if it asserts a claim that an un- title VI of [this Act] beyond the period for (F) an order from a court of competent ju- written policy or practice initiated by or receipt of such applications established by risdiction. under the authority of the Secretary violates (2) Nothing in this subsection shall require subsection 601(f) thereof. The denial of any the Constitution or is otherwise unlawful, be application filed beyond the expiration of the Secretary to commence removal pro- filed no later than one year after the plain- ceedings against an alien whose application the period established by that subsection tiff knew or reasonably should have known shall not be subject to judicial review or has been denied, terminated, or revoked of the unwritten policy or practice. based on the Secretary’s finding that the remedy. ‘‘(C) CLASS ACTIONS.—Any claim described alien is inadmissible or deportable. ‘‘(3) REVIEW OF A DENIAL, TERMINATION, OR in subparagraph (A) that is brought as a (c) AUTHORIZED DISCLOSURES.—Information RESCISSION OF STATUS UNDER TITLE VI OF class action shall be brought in conformity furnished on or derived from an application [THIS ACT].—A denial, termination, or rescis- with Public Law 109–2 and the Federal Rules described in subsection (a) may be disclosed sion of status under subsection 601 of [this of Civil Procedure. to— Act] may be reviewed only in conjunction ‘‘(D) PRECLUSIVE EFFECT.—The final dis- (1) a law enforcement agency, intelligence with the judicial review of an order of re- position of any claim brought under subpara- agency, national security agency, component moval under this section, provided that: graph (5)(A) shall be preclusive of any such of the Department of Homeland Security, ‘‘(A) the venue provision set forth in (b)(2) claim asserted in a subsequent proceeding shall govern; under this subsection or under subsection 603 court, or grand jury in connection with a ‘‘(B) the deadline for filing the petition for [of this Act]. criminal investigation or prosecution or a review in (b)(l) shall control; ‘‘(E) EXHAUSTION AND STAY OF PRO- national security investigation or prosecu- ‘‘(C) the alien has exhausted all adminis- CEEDINGS.—No claim brought under this tion; or trative remedies available to the alien as of paragraph shall require the plaintiff to ex- (2) an official coroner for purposes of af- right, including but not limited to the time- haust administrative remedies under sub- firmatively identifying a deceased indi- ly filing of an administrative appeal pursu- section 603 of [this Act], but nothing shall vidual, whether or not the death of such in- ant to subsection 603(a) of [this Act]; prevent the court from staying proceedings dividual resulted from a crime. ‘‘(D) the court shall decide a challenge to under this paragraph to permit the Sec- (e) AUDITING AND EVALUATION OF INFORMA- the denial of status only on the administra- retary to evaluate an allegation of an un- TION.—The Secretary may audit and evaluate tive record on which the Secretary’s denial, written policy or practice or to take correc- information furnished as part of any applica- termination, or rescission was based; tive action. In issuing such a stay, the court tion filed under sections 601 and 602, of [—], ‘‘(E) LIMITATION ON REVIEW.—Notwith- shall take into account any harm the stay any application to extend such status under standing any other provision of law (statu- may cause to the claimant. The court shall section 601(k) of such Act, or any application tory or nonstatutory), including section 2241 have no authority to stay proceedings initi- to adjust status to that of an alien lawfully of title 28, or any other habeas corpus provi- ated under any other section of the INA.’’. admitted for permanent residence under sec- sion, and sections 1361 and 1651 of such title, SEC. 604. MANDATORY DISCLOSURE OF INFOR- tion 602 of such Act, for purposes of identi- no court reviewing denial, termination, or MATION. fying fraud or fraud schemes, and may use rescission of status under Title VI of [this (a) IN GENERAL.—Except as otherwise pro- any evidence detected by means of audits Act] may review any discretionary decision vided in this section, no Federal agency or and evaluations for purposes of inves- or action of the Secretary regarding any ap- bureau, nor any officer, employee or con- tigating, prosecuting or referring for pros- plication for or termination or rescission of tractor of such agency or bureau, may— ecution, denying, or terminating immigra- such status; and (1) use the information furnished by an ap- tion benefits. ‘‘(F) LIMITATION ON MOTIONS TO REOPEN AND plicant under section 601[and 602] of the [—] (f) USE OF INFORMATION IN PETITIONS AND RECONSIDER.—The alien may file not more or the fact that the applicant applied for APPLICATIONS SUBSEQUENT TO ADJUSTMENT than one motion to reopen or to reconsider such Z status for any purpose other than to OF STATUS.—If the Secretary has adjusted an in proceedings brought under this section. make a determination on the application, alien’s status to that of an alien lawfully ad- ‘‘(4) STANDARD FOR JUDICIAL REVIEW.—Judi- any subsequent application to extend such mitted for permanent residence pursuant to cial review of the Secretary’s denial, termi- status under section 601 of such Act, or to section 602 of [—], then at any time there- nation, or rescission of status under title VI adjust status to that of an alien lawfully ad- after the Secretary may use the information of [this Act] relating to any alien shall be mitted for permanent residence under sec- furnished by the alien in the application for based solely upon the administrative record tion 602 of such Act; adjustment of status or in the application before the Secretary when he enters final de- (2) make or release any publication for status pursuant to sections 601 or 602 to nial, termination, or rescission. The admin- through which the information furnished by make a determination on any petition or ap- istrative findings of fact are conclusive un- any particular applicant can be identified; or plication. less any reasonable adjudicator would be (3) permit anyone other than the officers, (g) PENALTIES.—Whoever knowingly uses, compelled to conclude to the contrary. The employees or contractors of such agency, bu- publishes, or permits information to be ex- legal determinations are conclusive unless reau, or approved entity, as approved by the amined in violation of this section shall be manifestly contrary to law. Secretary of Homeland Security, to examine fined not more than $10,000. ‘‘(5) CHALLENGES ON VALIDITY OF THE SYS- individual applications that have been filed. (h) CONSTRUCTION.—Nothing in this section TEM.— (b) EXCEPTIONS TO CONFIDENTIALITY.— shall be construed to limit the use, or re- ‘‘(A) IN GENERAL.—Any claim that title VI (1) Subsection (a) shall not apply with re- lease, for immigration enforcement purposes of [this Act], or any regulation, written pol- spect to— of information contained in files or records (A) an alien whose application has been de- icy, or written directive issued or unwritten of the Secretary or Attorney General per- nied, terminated or revoked based on the policy or practice initiated by or under the taining to an applications filed under sec- Secretary’s finding that the alien— tions 601 or 602, other than information fur- authority of the Secretary of Homeland Se- (i) is inadmissible under sections 212(a)(2), nished by an applicant pursuant to the appli- curity to implement that title, violates the (3), (6)(C)(i) (with respect to information fur- cation, or any other information derived Constitution of the United States or is oth- nished by an applicant under section 601 or from the application, that is not available erwise in violation of law is available exclu- 602 of the [—]), or (6)(E) of the Act; sively in an action instituted in the United (ii) is deportable under sections from any other source. States District Court for the District of Co- 237(a)(1)(E), (l)(G), (2), or (4) of the Act; SEC. 605. EMPLOYER PROTECTIONS. lumbia in accordance with the procedures (iii) was physically removed and is subject (a) Copies of employment records or other prescribed in this paragraph. Nothing in this to reinstatement pursuant to section evidence of employment provided by an alien subparagraph shall preclude an applicant for 241(a)(5). or by an alien’s employer in support of an status under title VI of [this Act] from as- (B) an alien whose application for Z non- alien’s application for Z nonimmigrant sta- serting that an action taken or decision immigrant status has been denied, termi- tus shall not be used in prosecution or inves- made by the Secretary with respect to his nated, or revoked under section 601(d)(1)(F); tigation (civil or criminal) of that employer

VerDate Aug 31 2005 08:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.168 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6681 under section 247A (8 U.S.C. 1324a) or the tax immigrant status shall be used in the fol- SEC. 614. ADJUSTMENT OF STATUS OF CERTAIN laws of the United States for the prior un- lowing order of priority: LONG-TERM RESIDENTS WHO EN- lawful employment of that alien, regardless TERED THE UNITED STATES AS (1) shall be credited as offsetting collec- CHILDREN. of the adjudication of such application or re- tions to appropriations provided pursuant to (a) SPECIAL RULE FOR CERTAIN LONG-TERM consideration by the Secretary of such section 611 for the fiscal year in which this RESIDENTS WHO ENTERED THE UNITED STATES alien’s prima facie eligibility determination. Act is enacted and the subsequent fiscal AS CHILDREN.— (b) APPLICABILITY OF OTHER LAW.—Nothing year; and (1) IN GENERAL.—Notwithstanding any in this section may be used to shield an em- (2) shall be deposited and remain available other provision of law and except as other- ployer from liability under section 274B of as otherwise provided under this title. wise provided in this subtitle, the Secretary the Immigration and Nationality Act (8 SEC. 609. LIMITATIONS ON ELIGIBILITY. may beginning on the date that is three U.S.C. 1324b) or any other labor or employ- years after the date of enactment of this Act (a) IN GENERAL.—An alien is not ineligible ment law. adjust to the status of an alien lawfully ad- for any immigration benefit under any provi- SEC. 606. ENUMERATION OF SOCIAL SECURITY mitted for permanent residence an alien who sion of this title, or any amendment made by NUMBER. is determined to be eligible for or has been this title, solely on the basis that the alien The Secretary of Homeland Security, in issued a probationary Z or Z nonimmigrant violated section 1543, 1544, or 1546 of title 18, coordination with the Commissioner of the visa if the alien demonstrates that— Social Security Administration, shall imple- United States Code, or any amendments (A) the alien has been physically present in ment a system to allow for the prompt enu- made by the [NAME OF THIS ACT), during the United States for a continuous period meration of a Social Security number after the period beginning on the date of the en- since January 1, 2007, is under 30 years of age the Secretary of Homeland Security has actment of such Act and ending on the date on the date of enactment, and had not yet granted an alien Z nonimmigrant status or on which the alien applies for any benefits reached the age of 16 years at the time of ini- any probationary benefits based upon appli- under this title, except with respect to any tial entry; cation for such status. forgery, fraud or misrepresentation on the (B) the alien has earned a high school di- application for Z nonimmigrant status filed SEC. 607. PRECLUSION OF SOCIAL SECURITY ploma or obtained a general education devel- CREDITS FOR YEARS PRIOR TO ENU- by the alien. opment certificate in the United States; MERATION. (b) PROSECUTION.—An alien who commits a (C) the alien has not abandoned the alien’s (a) INSURED STATUS.—Section 214 of the So- violation of section 1.543, 1544, or 1546 of such residence in the United States. The Sec- cial Security Act (42 U.S.C. 414) is amended title or any amendments made by the [Name retary shall presume that the alien has aban- by: of This Act], during the period beginning on doned such residence if the alien is absent (1) amending subsection (c) by deleting the date of the enactment of such Act and from the United States for more than 365 ‘‘For’’ and inserting ‘‘Except as provided in ending on the date that the alien applies for days, in the aggregate, during the period of subsection (e), for’’; and eligibility for such benefit may be pros- conditional residence, unless the alien dem- (2) adding at the end the following new ecuted for the violation if the alien’s appli- onstrates that alien has not abandoned the subsections: cation for such benefit is denied. alien’s residence. An alien who is absent from the United States due to active service ‘‘(d)(l) Except as provided in paragraph (2) SEC. 610. RULEMAKING. and subsection (e), for purposes of this sec- in the uniformed services has not abandoned (a) The Secretary shall issue an interim the alien’s residence in the United States tion and for purposes of determining a quali- final rule within six months of the date of fying quarter of coverage under 8 U.S.C. during the period of such service. enactment of this subtitle to implement this (D) the alien has— 1612(b)(2)(B), no quarter of coverage shall be title and the amendments made by this title. (i) acquired a degree from an institution of credited if, with respect to any individual The interim final rule shall become effective higher education in the United States or has who is assigned a social security account immediately upon publication in the Federal completed at least 2 years, in good standing, number after 2007, such quarter of coverage Register. The interim final rule shall sunset in a program for a bachelor’s degree or high- is earned prior to the year in which such so- two years after issuance unless the Sec- er degree in the United States; or cial security account number is assigned. retary issues a final rule within two years of (ii) the alien has served in the uniformed ‘‘(2) Paragraph (1) shall not apply with re- the issuance of the interim final rule. services for at least 2 years and, if dis- spect to any quarter of coverage earned by (b) The exemption provided under this sec- charged, has received an honorable dis- an individual who satisfies the criterion tion shall sunset no later than two years charge. specified in subsection (c)(2). after the date of enactment of this subtitle, (E) the alien has provided a list of all of ‘‘(e) Subsection (d) shall not apply with re- provided that, such sunset shall not be con- the secondary educational institutions that spect to a determination under subsection strued to impose any requirements on, or af- the alien attended in the United States; and (a) or (b) for a deceased individual in the (F) the alien is in compliance with the eli- fect the validity of, any rule issued or other case of a child who is a United States citizen gibility and admissibility criteria set forth action taken by the Secretary under such ex- and who is applying for child’s insurance in section 601(d). emptions. benefits under section 202(d) based on the (b) TREATMENT OF PERIOD FOR PURPOSES OF wages and self-employment income of such SEC. 611. AUTHORIZATION OF APPROPRIATIONS. NATURALIZATION.—Solely for purposes of deceased individual.’’. (a) IN GENERAL.—There are authorized to title III of the Immigration and Nationality (b) BENEFIT COMPUTATION.—Section 215(e) be appropriated to the Secretary such sums Act (8 U.S.C. 1401 et seq.), an alien who has of such Act (42 U.S.C. 415(e)) is amended— as may be necessary to carry out this title been granted probationary benefits under (1) by striking ‘‘and’’ at the end of para- and the amendments made by this title. section 601(h) or Z nonimmigrant status and graph (1); (b) AVAILABILITY OF FUNDS.—Funds appro- has satisfied the requirements of subpara- (2) by striking the period at the end of priated pursuant to subsection (a) shall re- graphs (a)(1)(A) through (F) shall beginning paragraph (2) and inserting ‘‘;and’’; and main available until expended. on the date that is eight years after the date of enactment be considered to have satisfied (3) by adding at the end the following new (c) SENSE OF CONGRESS.—It is the sense of the requirements of Section 316(a)(1) of the paragraph: the Congress that funds authorized to be ap- Act (8 U.S.C. 1427(a)(1)). ‘‘(3) in computing the average indexed propriated under subsection (a) should be di- monthly earnings of an individual, there (c) EXEMPTION FROM NUMERICAL LIMITA- rectly appropriated so as to facilitate the or- TIONS.—Nothing in this section may be con- shall not be counted any wages or self-em- derly and timely commencement of the proc- ployment income for any year for which no strued to apply a numerical limitation on essing of applications filed under sections 601 the number of aliens who may be eligible for quarter of coverage may be credited to such and 602. individual as a result of the application of adjustment of status. (d) REGULATIONS.— section 214(d).’’ Subtitle B—DREAM Act (1) PROPOSED REGULATIONS.—Not later than (c) EFFECTIVE DATE—The amendment made SEC. 612. SHORT TITLE. 180 days after the date of enactment of this by subsection (a) that provides for a new sec- This subtitle may be cited as the ‘‘Develop- Act, the Secretary shall publish proposed tion 214(e) of the Social Security Act shall be ment, Relief, and Education for Alien Minors regulations implementing this section. Such effective with respect to applications for Act of 2007’’ or the ‘‘DREAM Act of 2007’’. regulations shall be effective immediately on benefits filed after the sixth month following SEC. 613. DEFINITIONS. an interim basis, but are subject to change the month this Act is enacted. and revision after public notice and oppor- In this subtitle: SEC. 608. PAYMENT OF PENALTIES AND USE OF tunity for a period for public comment. PENALTIES COLLECTED. (1) INSTITUTION OF HIGHER EDUCATION.—The (2) INTERIM, FINAL REGULATIONS.—Within a (a) The Secretary shall by regulation es- term ‘‘institution of higher education’’ has reasonable time after publication of the in- tablish procedures allowing for the payment the meaning given that term in section 101 of terim regulations in accordance with para- of 80 percent of the penalties described in the Higher Education Act of 1965 (20 U.S.C. graph (1), the Secretary shall publish final Section 601(e)(6)(B) and Section 1001). regulations implementing this section. 602(a)(1)(C)(v) through an installment pay- (2) UNIFORMED SERVICES.—The term ‘‘uni- SEC. 615. EXPEDITED PROCESSING OF APPLICA- ment plan. formed services’’ has the meaning given that TIONS; PROHIBITION ON FEES. (b) Any penalties received under this title term in section 101(a) of title 10, United Regulations promulgated under this sub- with respect to an application for Z–l non- States Code. title shall provide that no additional fee will

VerDate Aug 31 2005 08:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.169 S24MYPT1 bajohnson on PRODPC74 with SENATE S6682 CONGRESSIONAL RECORD — SENATE May 24, 2007 be charged to an applicant for a Z non- PART II—CORRECTION OF SOCIAL ‘‘(B) any such other person designated by immigrant visa for applying for benefits SECURITY RECORDS the Secretary if that Secretary determines under this subtitle. SEC. 620. CORRECTION OF SOCIAL SECURITY such person is qualified and has substantial SEC. 616. HIGHER EDUCATION ASSISTANCE. RECORDS. experience, demonstrated competence, and (a) Section 505 of the Illegal Immigration (a) IN GENERAL.—Section 208(e)(1) of the has a history of long-term involvement in Reform and Immigrant Responsibility Act of Social Security Act (42 U.S.C. 408(e)(1)) is the preparation and submission of applica- 1996 (8 U.S.C. 1623) shall have no force or ef- amended— tions for adjustment of status under section fect with respect to an alien who is a proba- (1) in subparagraph (B)(ii), by striking ‘‘or’’ 209, 210, or 245, the Act entitled ‘An Act to tionary Z or Z nonimmigrant. at the end; adjust the status of Cuban refugees to that of (b) Notwithstanding any provision of the (2) in subparagraph (C), by inserting ‘‘or’’ lawful permanent residents of the United Higher Education Act of 1965 (20 U.S.C. 1001 at the end; States, and for other purposes’, approved No- et seq.), with respect to assistance provided (3) by inserting after subparagraph (C) the vember 2, 1966 (Public Law 89–732; 8 U.S.C. under title IV of the Higher Education Act of following: 1255 note), Public Law 95–145 (8 U.S.C. 1255 1965 (20 U.S.C. 1070 et seq.), an alien who ad- ‘‘(D) who is granted nonimmigrant status note), or the Immigration Reform and Con- justs status to that of a lawful permanent pursuant to section 101(a)(15)(Z–A) of the Im- trol Act of 1986 (Public Law 99–603; 100 Stat. resident under this title, or who is a proba- migration and Nationality Act,’’; and 3359) or any amendment made by that Act. tionary Z or Z nonimmigrant under this title (4) by striking ‘‘1990.’’ and inserting ‘‘1990, ‘‘(5) SECRETARY.—Except as otherwise pro- and who meets the eligibility criteria set or in the case of an alien described in sub- vided, the term ‘Secretary’ means the Sec- forth in section 614(a)(1)(A), (B), and (F), paragraph (D), if such conduct is alleged to retary of Homeland Security. shall be eligible for the following assistance have occurred before the date on which the ‘‘(6) TEMPORARY.—A worker is employed on under such title IV: alien was granted such nonimmigrant sta- a ‘temporary’ basis when the employment is (1) Student loans under parts B, D, and E of tus.’’. intended not to exceed 10 months. ‘‘(7) WORK DAY.—The term ‘work day’ such title IV (20 U.S.C. 1071 et seq., 1087a et (b) EFFECTIVE DATE.—The amendments seq., 1087aa et seq.), subject to the require- made by subsection (a) shall take effect on means any day in which the individual is em- ments of such parts. the first day of the seventh month that be- ployed 5.75 or more hours in agricultural em- (2) Federal work-study programs under gins after the date of the enactment of this ployment. ‘‘(8) Z–A DEPENDENT VISA.—The term ‘Z–A part C of such title IV (42 U.S.C. 2751 et seq.), Act. subject to the requirements of such part. dependent visa’ means a nonimmigrant visa (3) Services under such title IV (20 U.S.C. Subtitle C—Agricultural Workers issued pursuant to section 101(a)(15)(Z–A)(ii). 1070 et seq.), subject to the requirements for SEC. 621. SHORT TITLE. ‘‘(9) Z–A VISA.—The term ‘Z–A visa’ means such services. This subtitle may be cited as the ‘‘Agricul- a nonimmigrant visa issued pursuant to sec- SEC. 617. DELAY OF FINES AND FEES. tural Job Opportunities, Benefits, and Secu- tion 101(a)(15)(Z–A)(i). (a) Payment of the penalties and fees spec- rity Act of 2007’’ or the ‘‘AgJOBS Act of ‘‘(b) AUTHORIZATION FOR PRESENCE, EM- ified in section 601(e)(6) shall not be required 2007’’. PLOYMENT, AND TRAVEL IN THE UNITED with respect to an alien who meets the eligi- STATES.— PART I—ADMISSION OF AGRICULTURAL ‘‘(1) IN GENERAL.—An alien issued a Z–A bility criteria set forth in section WORKERS 614(a)(1)(A), (B), and (F) until the date that is visa or a Z–A dependent visa may remain in, SEC. 622. ADMISSION OF AGRICULTURAL WORK- and be employed in, the United States during six years and six months after the date of en- ERS. actment of this Act or the alien reaches the the period such visa is valid. (a) Z–A NONIMMIGRANT VISA CATEGORY.— ‘‘(2) AUTHORIZED EMPLOYMENT.—The Sec- age of 24, whichever is later. If the alien (1) ESTABLISHMENT.—Paragraph (15) of sec- retary shall provide an alien who is granted makes all of the demonstrations specified in tion 101(a) of the Immigration and Nation- a Z–A visa or a Z–A dependent visa an em- section 614(a)(1) by such date, the penalties ality Act (8 U.S.C. 1101(a)), as amended by ployment authorized endorsement or other shall be waived. If the alien fails to make the section 601(b), is further amended by adding appropriate work permit, in the same man- demonstrations specified in section 614(a)(1) at the end the following new subparagraph: ner as an alien lawfully admitted for perma- by such date, the alien’s Z nonimmigrant ‘‘(Z–A)(i) an alien who is coming to the nent residence. status will be terminated unless the alien United States to perform any service or ac- ‘‘(3) AUTHORIZED TRAVEL.—An alien who is pays the penalties and fees specified in sec- tivity that is considered to be agricultural granted a Z–A visa or a Z–A dependent visa tion 601(e)(6) consistent with the procedures under section 3(f) of the Fair Labor Stand- is authorized to travel outside the United set forth in section 608 within 90 days. ards Act of 1938 (29 U.S.C. 203(f)), agricultural States (including commuting to the United (b) With respect to an alien who meets the labor under section 3121(g) of the Internal States from a residence in a foreign country) eligibility criteria set forth in section Revenue Code of 1986, or the performance of in the same manner as an alien lawfully ad- 614(a)(1) (A) and (F), but not the eligibility agricultural labor or services described in mitted for permanent residence. criteria in section 614(a)(1)(B), the individual subparagraph (H)(ii)(a), who meets the re- ‘‘(c) QUALIFICATIONS.— who pays the penalties specified in section quirements of section 214A of this Act; or ‘‘(1) Z–A VISA.—Notwithstanding any other 601(e)(6) shall be entitled to a refund when ‘‘(ii) the spouse or minor child of an alien provision of law, the Secretary shall, pursu- the alien makes all the demonstrations spec- described in clause (i) who is residing in the ant to the requirements of this section, ified in section 614(a)(1). United States.’’. grant a Z–A visa to an alien if the Secretary SEC. 618. GAO REPORT. (b) REQUIREMENTS FOR ISSUANCE OF NON- determines that the alien— Seven years after the date of enactment of IMMIGRANT VISA.—Chapter 2 of title II of the ‘‘(A) has performed agricultural employ- this Act, the Comptroller General of the Immigration and Nationality Act (8 U.S.C. ment in the United States for at least 863 United States shall submit a report to the 1181 et seq.) is amended by inserting after hours or 150 work days during the 24-month Committee on the Judiciary of the Senate section 214 the following new section: period ending on December 31, 2006; and the Committee on the Judiciary of the ‘‘(B) applied for such status during the 18- House of Representatives, which sets forth— ‘‘SEC. 214A. ADMISSION OF AGRICULTURAL WORKERS. month application period beginning on the (1) the number of aliens who were eligible first day of the seventh month that begins ‘‘(a) DEFINITIONS.—In this section: for adjustment of status under section 623(a); after the date of enactment of this Act; ‘‘(1) AGRICULTURAL EMPLOYMENT.—The (2) the number of aliens who applied for ad- ‘‘(C) is admissible to the United States term ‘agricultural employment’ means any justment of status under section 623(a); and under section 212, except as otherwise pro- service or activity that is considered to be (3) the number of aliens who were granted vided in paragraph (4); agricultural under section 3(f) of the Fair adjustment of status under section 623(a). ‘‘(D) has not been convicted of any felony Labor Standards Act of 1938 (29 U.S.C. 203(f)) SEC. 619. REGULATIONS, EFFECTIVE DATE, AU- or misdemeanor, an element of which in- or agricultural labor under section 3121(g) of THORIZATION OF APPROPRIATIONS. volves bodily injury, threat of serious bodily the Internal Revenue Code of 1986 or the per- (a) REGULATIONS.—The Secretary shall injury, or harm to property in excess of $500; formance of agricultural labor or services de- issue regulations to carry out the amend- and ments made by this subtitle not later than scribed in section 101(a)(15)(H)(ii)(a). ‘‘(E) meets the requirements of paragraph the first day of the seventh month that be- ‘‘(2) DEPARTMENT.—The term ‘Department’ (3). gins after the date of enactment of this Act. means the Department of Homeland Secu- ‘‘(2) Z–A DEPENDENT VISA.—Notwith- (b) EFFECTIVE DATE.—This subtitle shall rity. standing any other provision of law, the Sec- take effect on the date that regulations re- ‘‘(3) EMPLOYER.—The term ‘employer’ retary shall grant a Z–A dependent visa to an quired by subsection (a) are issued, regard- means any person or entity, including any alien who is— less of whether such regulations are issued farm labor contractor and any agricultural ‘‘(A) described in section 101(a)(15)(Z–A)(ii); on an interim basis or on any other basis. association, that employs workers in agri- ‘‘(B) meets the requirements of paragraph (c) AUTHORIZATION OF APPROPRIATIONS.— cultural employment. (3); and There are authorized to be appropriated to ‘‘(4) QUALIFIED DESIGNATED ENTITY.—The ‘‘(C) is admissible to the United States the Secretary such sums as may be nec- term ‘qualified designated entity’ means— under section 212, except as otherwise pro- essary to implement this subtitle, including ‘‘(A) a qualified farm labor organization or vided in paragraph (4). any sums needed for costs associated with an association of employers designated by ‘‘(3) SECURITY AND LAW ENFORCEMENT BACK- the initiation of such implementation. the Secretary; or GROUND CHECKS.—

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‘‘(A) FINGERPRINTS.—An alien seeking a Z– ing such an alien has kept proper and ade- tionary benefits described in clauses (i) A visa or a Z–A dependent visa shall submit quate records respecting such employment, through (iv) of subparagraph (A) at the ear- fingerprints to the Secretary at such time the alien’s burden of proof under clause (i) lier of— and in manner as the Secretary may require. may be met by securing timely production of ‘‘(I) the date and time that the alien has ‘‘(B) BACKGROUND CHECKS.—The Secretary such records under regulations to be promul- passed all appropriate background checks, shall utilize fingerprints provided under sub- gated by the Secretary. including name and fingerprint checks; or paragraph (A) and other biometric data pro- ‘‘(iii) SUFFICIENT EVIDENCE.—An alien may ‘‘(II) the end of the next business day after vided by an alien to conduct a background meet the burden of proof under clause (i) to the date that the Secretary receives the check of the alien, including searching the establish that the alien has performed the alien’s application for Z–A visa. alien’s criminal history and any law enforce- requisite number of hours or days of agricul- ‘‘(ii) EXCEPTION.—If the Secretary deter- ment actions taken with respect to the alien tural employment by producing sufficient mines that the alien fails the background and ensuring that the alien is not a risk to evidence to show the extent of that employ- checks referred to in clause (i)(I), the alien national security . ment as a matter of just and reasonable in- may not be granted probationary benefits de- ‘‘(4) WAIVER OF CERTAIN GROUNDS OF INAD- ference. scribed in clauses (i) through (iv) of subpara- MISSIBILITY.—In the determination of an ‘‘(4) APPLICATIONS SUBMITTED TO QUALIFIED graph (A). alien’s eligibility for a Z–A visa or a Z–A de- DESIGNATED ENTITIES.— ‘‘(C) PROBATIONARY AUTHORIZATION DOCU- pendent visa the following shall apply: ‘‘(A) REQUIREMENTS.—Each qualified des- MENT.—The Secretary shall provide each ‘‘(A) GROUNDS OF EXCLUSION NOT APPLICA- ignated entity shall agree— alien granted probationary benefits de- BLE.—The provisions of paragraphs (5), ‘‘(i) to forward to the Secretary an applica- scribed in clauses (i) through (iv) of subpara- (6)(A), (7), and (9) of section 212(a) shall not tion submitted to that entity pursuant to graph (A) with a counterfeit-resistant docu- apply. paragraph (2)(B) if the alien for whom the ap- ment that reflects the benefits and status set ‘‘(B) WAIVER OF OTHER GROUNDS.— plication is being submitted has consented to forth in subparagraph (A). The Secretary ‘‘(i) IN GENERAL.—Except as provided in such forwarding; may by regulation establish procedures for clause (ii), the Secretary may waive any pro- ‘‘(ii) not to forward to the Secretary any the issuance of documentary evidence of pro- vision of such section 212(a), other than the such application if such an alien has not con- bationary benefits and, except as provided paragraphs described in subparagraph (A), in sented to such forwarding; and herein, the conditions under which such doc- the case of individual aliens for humani- ‘‘(iii) to assist an alien in obtaining docu- umentary evidence expires, terminates, or is tarian purposes, to ensure family unity, or if mentation of the alien’s work history, if the renewed. such waiver is otherwise in the public inter- alien requests such assistance. ‘‘(D) CONSTRUCTION.—Nothing in this sec- est. ‘‘(B) NO AUTHORTIY TO MAKE DETERMINA- tion may be construed to limit the Sec- ‘‘(ii) GROUNDS THAT MAY NOT BE WAIVED.— TIONS.—No qualified designated entity may retary’s authority to conduct any appro- Except as provided in subparagraph (C), sub- make a determination required by this priate background and security checks sub- paragraphs (A), (B), and (C) of paragraph (2), sction to be made by the Secretary. sequent to issuance of evidence of proba- and paragraphs (3) and (4) of section 212(a) ‘‘(5) APPLICATION FEES.— tionary benefits under this paragraph. may not be waived by the Secretary under ‘‘(A) FEE SCHEDULE.—The Secretary shall ‘‘(8) TEMPORARY STAY OF REMOVAL AND clause (i). provide for a schedule of fees that— WORK AUTHORIZATION FOR CERTAIN APPLI- ‘‘(iii) CONSTRUCTION.—Nothing in this sub- ‘‘(i) shall be charged for applying for a Z– CANTS.— paragraph shall be construed as affecting the A visa under this section or for an adjust- ‘‘(A) BEFORE APPLICATION PERIOD.—Begin- authority of the Secretary other than under ment of status described in subsection (j); ning on the date of enactment of the this subparagraph to waive provisions of and AgJOBS Act of 2007, the Secretary shall pro- such section 212(a). ‘‘(ii) may be charged by qualified des- vide that, in the case of an alien who is ap- ‘‘(C) SPECIAL RULE FOR DETERMINATION OF ignated entities to help defray the costs of prehended prior to the first date of the appli- PUBLIC CHARGE.—An alien is not ineligible for services provided to such aliens making such cation period described in subsection a Z–A visa or a Z–A dependent visa by reason an application. (c)(1)(B) and who can establish a nonfrivo- of a ground of inadmissibility under section ‘‘(B) PROHIBTION ON EXCESS FEES BY QUALI- lous case of eligibility for a Z–A visa (but for 212(a)(4) if the alien demonstrates history of FIED DESIGNATED ENTITIES.—A qualified des- the fact that the alien may not apply for employment in the United States evidencing ignated entity may not charge any fee in ex- such status until the beginning of such pe- self-support without reliance on public cash cess of, or in addition to, the fees authorized riod), the alien— assistance. under subparagraph (A)(ii) for services pro- ‘‘(i) may not be removed; and ‘‘(d) APPLICATION.— vided to applicants. ‘‘(ii) shall be granted authorization to en- ‘‘(1) IN GENERAL.—An alien seeking a Z–A gage in employment in the United States ‘‘(6) LIMITATION ON ACCESS TO INFORMA- visa shall submit an application to the Sec- and be provided an employment authorized TION.—Files and records collected or com- retary for such a visa, including information piled by a qualified designated entity for the endorsement or other appropriate work per- regarding any Z–A dependent visa for the purposes of this section are confidential and mit for such purpose. spouse of child of the alien. ‘‘(B) DURING APPLICATION PERIOD.—The Sec- the Secretary shall not have access to such ‘‘(2) SUBMISSION.—Applications for a Z–A retary shall provide that, in the case of an a file or record relating to an alien without visa under may be submitted— alien who presents a nonfrivolous applica- the consent of the alien, except as allowed by ‘‘(A) to the Secretary if the applicant is tion for a Z–A visa during the application pe- a court order issued pursuant to [ll]. represented by an attorney or a nonprofit re- riod described in subsection (c)(1)(B), includ- ‘‘(7) TREATMENT OF APPLICANTS.— ligious, charitable, social service, or similar ing an alien who files such an application ‘‘(A) IN GENERAL.—An alien who files an ap- organization recognized by the Board of Im- within 30 days of the alien’s apprehension, migration Appeals under section 292.2 of title plication under this section to receive a Z–A visa and any spouse or child of the alien and until a final determination on the appli- 8, Code of Federal Regulations (or similar cation has been made in accordance with successor regulations); or seeking a Z–A dependant visa, on the date described in subparagraph (B)— this section, the alien— ‘‘(B) to a qualified designated entity if the ‘‘(i) may not be removed; and ‘‘(i) shall be granted probationary benefits applicant consents to the forwarding of the ‘‘(ii) shall be granted authorization to en- in the form of employment authorization application to the Secretary. gage in employment in the United States pending final adjudication of the alien’s ap- ‘‘(3) PROOF OF ELIGIBILITY.— and be provided an employment authorized plication; ‘‘(A) IN GENERAL.—An alien may establish endorsement or other appropriate work per- ‘‘(ii) may in the Secretary’s discretion re- that the alien meets the requirement for a mit for such purpose. ceive advance permission to re-enter the Z–A visa through government employment ‘‘(e) NUMERICAL LIMITATIONS.— records or records supplied by employers or United States pursuant to existing regula- ‘‘(1) Z–A VISA.—The Secretary may not collective bargaining organizations, and tions governing advance parole; issue more than 1,500,000 Z–A visas. other reliable documentation as the alien ‘‘(iii) may not be detained for immigration ‘‘(2) Z–A DEPENDENT VISA.—The Secretary may provide. The Secretary shall establish purposes, determined inadmissible or deport- may not count any Z–A dependent visa special procedures to properly credit work in able, or removed pending final adjudication issued against the numerical limitation de- cases in which an alien was employed under of the alien’s application, unless the alien is scribed in paragraph (1). an assumed name. determined to be ineligible for Z–A visa; and ‘‘(f) EVIDENCE OF NONIMMIGRANT STATUS.— ‘‘(B) DOCUMENTATION OF WORK HISTORY.— ‘‘(iv) may not be considered an unauthor- ‘‘(1) IN GENERAL.—Documentary evidence ‘‘(i) BURDEN OF PROOF.—An alien applying ized alien (as defined in section 274A) until of nonimmigrant status shall be issued to for a Z–A visa or applying for adjustment of the date on which [the alien’s application for each alien granted a Z–A visa or a Z–A de- status described in subsection (j) has the a Z–A visa] is denied. pendent visa. burden of proving by a preponderance of the ‘‘(B) TIMING OF PROBATIONARY BENEFITS.— ‘‘(2) FEATURES OF DOCUMENTATION.—Docu- evidence that the alien has performed the ‘‘(i) IN GENERAL.—Subject to clause (ii), an mentary evidence of a Z–A visa or a Z–A de- requisite number of hours or days of agricul- alien who submits an application for a Z–A pendent visa— tural employment required for such applica- visa under subsection (d), including any evi- ‘‘(A) shall be machine-readable, tamper-re- tion or adjustment of status, as applicable. dence required under such subsection, and sistant, and shall contain a digitized photo- ‘‘(ii) TIMELY PRODUCTION OF RECORDS.—If an any spouse or child of the alien seeking a Z– graph and other biometric identifiers that employer or farm labor contractor employ- A dependent visa shall receive the proba- can be authenticated;

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.156 S24MYPT1 bajohnson on PRODPC74 with SENATE S6684 CONGRESSIONAL RECORD — SENATE May 24, 2007 ‘‘(B) shall be designed in consultation with the arbitrator shall make a specific finding ‘‘(A) the Secretary finds, by a preponder- U.S. Immigration and Customs Enforce- of the number of days or hours of work lost ance of the evidence, that the grant of a Z– ment’s Forensic Document Laboratory; by the employee as a result of the termi- A visa was the result of fraud or willful mis- ‘‘(C) shall serve as a valid travel and entry nation. The arbitrator shall have no author- representation (as described in section document for an alien granted a Z–A visa or ity to order any other remedy, including re- 212(a)(6)(C)(i)); or a Z–A dependent visa for the purpose of ap- instatement, back pay, or front pay to the ‘‘(B) the alien— plying for admission to the United States affected employee. Not later than 30 days ‘‘(i) commits an act that makes the alien where the alien is applying for admission at after the date of the conclusion of the arbi- inadmissible to the United States as an im- a port of entry; tration proceeding, the arbitrator shall migrant, except as provided under subsection ‘‘(D) may be accepted during the period of transmit the findings in the form of a writ- (c)(4); its validity by an employer as evidence of ten opinion to the parties to the arbitration ‘‘(ii) is convicted of a felony or 3 or more employment authorization and identity and the Secretary. Such findings shall be misdemeanors committed in the United under section 274A; and final and conclusive, and no official or court States; ‘‘(E) shall be issued to the alien granted of the United States shall have the power or ‘‘(iii) is convicted of an offense, an element the visa by the Secretary promptly after jurisdiction to review any such findings. of which involves bodily injury, threat of se- final adjudication of such alien’s application ‘‘(iv) EFFECT OF ARBITRATION FINDINGS.—If rious bodily injury, or harm to property in for the visa, except that an alien may not be the Secretary receives a finding of an arbi- excess of $500; or granted a Z–A visa or a Z–A dependent visa trator that an employer has terminated the ‘‘(iv) in the case of an alien granted a Z–A until all appropriate background checks on employment of an alien who is granted a Z– visa, fails to perform the agricultural em- each alien are completed to the satisfaction A visa without just cause, the Secretary ployment described in subsection (j)(l)(A) un- of the Secretary. shall credit the alien for the number of days less the alien was unable to work in agricul- ‘‘(g) FINE.—An alien granted a Z–A visa of work not performed during such period of tural employment due to the extraordinary shall pay a fine of $100 to the Secretary. termination for the purpose of determining circumstances described in subsection ‘‘(h) TREATMENT OF ALIENS GRANTED A Z–A if the alien meets the qualifying employ- (j)(l)(A)(iii). VISA.— ment requirement of subsection (f)(2). ‘‘(3) REPORTING REQUIREMENT.—The Sec- ‘‘(1) IN GENERAL.—Except as otherwise pro- ‘‘(v) TREATMENT OF ATTORNEY’S FEES.— retary shall promulgate regulations to en- vided under this subsection, an alien granted Each party to an arbitration under this sub- sure that the alien granted a Z–A visa com- a Z–A visa or a Z–A dependent visa shall be paragraph shall bear the cost of their own plies with the qualifying agricultural em- considered to be an alien lawfully admitted attorney’s fees for the arbitration. ployment described in subsection (j)(l)(A) at for permanent residence for purposes of any ‘‘(vi) NONEXCLUSIVE REMEDY.—The com- the end of the 5 year work period, which may law other than any provision of this Act. plaint process provided for in this subpara- include submission of an application pursu- ‘‘(2) DELAYED ELIGIBILITY FOR CERTAIN FED- graph is in addition to any other rights an ant to this subsection. ERAL PUBLIC BENEFITS.—An alien granted a employee may have in accordance with ap- ‘‘(j) ADJUSTMENT TO PERMANENT RESI- Z–A visa shall not be eligible, by reason of plicable law. DENCE.— such status, for any form of assistance or ‘‘(vii) EFFECT ON OTHER ACTIONS OR PRO- ‘‘(1) Z–A VISA.—Except as provided in this benefit described in section 403(a) of the Per- CEEDINGS.—Any finding of fact or law, judg- subsection, the Secretary shall award the sonal Responsibility and Work Opportunity ment, conclusion, or final order made by an maximum number of points available pursu- Reconciliation Act of 1996 (8 U.S.C. 1613(a)) arbitrator in the proceeding before the Sec- ant to section 203(b)(1) and adjust the status until 5 years after the date on which the retary shall not be conclusive or binding in of an alien granted a Z–A visa to that of an alien is granted an adjustment of status any separate or subsequent action or pro- alien lawful1y admitted for permanent resi- under subsection (d). ceeding between the employee and the em- dence under this Act, if the Secretary deter- ‘‘(3) TERMS OF EMPLOYMENT.— ployee’s current or prior employer brought mines that the following requirements are ‘‘(A) PROHIBITION.—No alien granted a Z–A before an arbitrator, administrative agency, satisfied: visa may be terminated from employment by court, or judge of any State or the United ‘‘(A) QUALIFYING EMPLOYMENT.— any employer during the period of a Z–A visa States, regardless of whether the prior ac- ‘‘(i) IN GENERAL.—Subject to clauses (i) and except for just cause. tion was between the same or related parties (ii), the alien has performed at least— ‘‘(B) TREATMENT OF COMPLAINTS.— or involved the same facts, except that the ‘‘(I) 5 years of agricultural employment in ‘‘(i) ESTABLISHMENT OF PROCESS.—The Sec- arbitrator’s specific finding of the number of the United States for at least 100 work days retary shall establish a process for the re- days or hours of work lost by the employee per year, during the 5-year period beginning ceipt, initial review, and disposition of com- as a result of the employment termination on the date of enactment of the AgJobs Act plaints by aliens granted a Z–A visa who al- may be referred to the Secretary pursuant to of 2007; or lege that they have been terminated without clause (iv). ‘‘(II) 3 years of agricultural employment in just cause. No proceeding shall be conducted ‘‘(4) RECORD OF EMPLOYMENT.— the United States for at least 150 work days under this subparagraph with respect to a ‘‘(A) IN GENERAL.—Each employer of an per year, during the 3-year period beginning termination unless the Secretary determines alien who is granted a Z–A visa shall annu- on such date of enactment. ‘‘(ii) FOUR YEAR PERIOD OF EMPLOYMENT.— that the complaint was filed not later than 6 ally— An alien shall be considered to meet the re- months after the date of the termination. ‘‘(i) provide a written record of employ- quirements of clause (i) if the alien has per- ‘‘(ii) INITIATION OF ARBITRATION.—If the ment to the alien; and ‘‘(ii) provide a copy of such record to the Secretary finds that an alien has filed a com- formed 4 years of agricultural employment Secretary. plaint in accordance with clause (i) and there in the United States for at least 150 work ‘‘(B) CIVIL PENALTIES.— days during 3 years of those 4 years and at is reasonable cause to believe that the alien ‘‘(i) IN GENERAL.-If the Secretary finds, was terminated from employment without least 100 work days during the remaining after notice and opportunity for a hearing, year, during the 4-year period beginning on just cause, the Secretary shall initiate bind- that an employer of an alien granted a Z–A ing arbitration proceedings by requesting such date of enactment. visa has failed to provide the record of em- ‘‘(iii) EXTRAORDINARY CIRCUMSTANCES.—In the Federal Mediation and Conciliation ployment required under subparagraph (A) or determining whether an alien has met the Service to appoint a mutually agreeable ar- has provided a false statement of material requirement of clause (i), the Secretary may bitrator from the roster of arbitrators main- fact in such a record, the employer shall be credit the alien with not more than 12 addi- tained by such Service for the geographical subject to a civil money penalty in an tional months to meet the requirement of area in which the employer is located. The amount not to exceed $1,000 per violation. that clause if the alien was unable to work procedures and rules of such Service shall be ‘‘(ii) LIMITATION.—The penalty applicable in agricultural employment due to— applicable to the selection of such arbitrator under clause (i) for failure to provide records ‘‘(I) pregnancy, injury, or disease, if the and to such arbitration proceedings. The shall not apply unless the alien has provided alien can establish such pregnancy, disabling Secretary shall pay the fee and expenses of the employer with evidence of employment injury, or disease through medical records; the arbitrator, subject to the availability of authorization granted under this subsection. ‘‘(II) illness, disease, or other special needs appropriations for such purpose. .‘‘(i) TERMINATION OF A GRANT OF Z–A of a minor child, if the alien can establish ‘‘(iii) ARBITRATION PROCEEDINGS.—The arbi- VISA.— such illness, disease, or special needs trator shall conduct the proceeding under ‘‘(1) IN GENERAL.—The Secretary may ter- through medical records; or this subparagraph in accordance with the minate a Z–A visa or a Z–A dependent visa ‘‘(III) severe weather conditions that pre- policies and procedures promulgated by the granted to an alien only if the Secretary de- vented the alien from engaging in agricul- American Arbitration Association applicable termines that the alien is deportable. tural employment for a significant period of to private arbitration of employment dis- ‘‘(2) GROUNDS FOR TERMINATION.—Prior to time. putes. The arbitrator shall make findings re- the date that an alien granted a Z–A visa or ‘‘(B) PROOF.—An alien may demonstrate specting whether the termination was for a Z–A dependent visa becomes eligible for ad- compliance with the requirements of sub- just cause. The arbitrator may not find that justment of status described in subsection paragraph (A) by submitting— the termination was for just cause unless the (j), the Secretary may deny adjustment to ‘‘(i) the record of employment described in employer so demonstrates by a preponder- permanent resident status and provide for subsection (h)(4); or ance of the evidence. If the arbitrator finds termination of the alien’s Z–A visa or Z–A ‘‘(ii) such documentation as may be sub- that the termination was not for just cause, dependent visa if— mitted under subsection (d)(3).

VerDate Aug 31 2005 08:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.157 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6685

‘‘(C) APPLICATION PERIOD.—Not later than 8 ‘‘(B) EXCEPTION.—The requirement of sub- visa shall be such as is provided under sec- years after the date of the enactment of the paragraph (A) shall not apply to any person tion 603. AgJOBS Act of 2007, the alien must— who, on the date of the filing of the person’s ‘‘(o) PUBLIC OUTREACH.—Beginning not ‘‘(i) apply for adjustment of status; or application for an extension of Z–A non- later than the first day of the application pe- ‘‘(ii) renew the alien’s Z visa status as de- immigrant status— riod described in subsection (c)(1)(B), the scribed in section 601(k)(2). ‘‘(i) is unable because of physical or devel- Secretary shall cooperate with qualified des- ‘‘(D) FINE.—The alien pays to the Sec- opmental disability or mental impairment to ignated entities to broadly disseminate in- retary a fine of $400; or comply therewith; formation regarding the availability of Z–A ‘‘(2) SPOUSES AND MINOR CHILDREN.—Not- ‘‘(ii) is over fifty years of age and has been visas, the benefits of such visas, and the re- withstanding any other provision of law, the living in the United States for periods total- quirements to apply for and be granted such Secretary shall confer the status of lawful ing at least twenty years, or a visa.’’. permanent resident on the spouse and minor ‘‘(iii) is over fifty-five years of age and has (c) NUMERICAL LIMITATIONS.— child of an alien granted any adjustment of been living in the United States for periods (1) WORLDWIDE LEVEL OF IMMIGRATION.— status under paragraph (1), including any in- totaling at least fifteen years. Section 201(b)(1) of the Immigration and Na- dividual who was a minor child on the date ‘‘(7) PRIORITY OF APPLICATIONS.— tionality Act (8 U.S.C. 1151(b)(1)), as amended such alien was granted a Z–A visa, if the ‘‘(A) BACK OF LINE.—An alien may not ad- by [lll], is further amended— spouse or minor child applies for such status, just status to that of a lawful permanent (A) in subparagraph (A), by striking ‘‘sub- or if the principal alien includes the spouse resident under this subsection until 30 days paragraph (A) or (B)’’ and inserting ‘‘sub- or minor child in an application for adjust- after the date on which an immigrant visa paragraph (A), (B), or (N)’’; and ment of status to that of a lawful permanent becomes available for approved petitions (B) by adding at the end, the following new resident. filed under sections 201, 202, and 203 of the subparagraph: ‘‘(3) GROUNDS FOR DENIAL OF ADJUSTMENT Act that were filed before May 1, 2005 (re- ‘‘(N) Aliens issued a Z–A visa or a Z–A de- OF STATUS.—The Secretary may deny an ferred to in this paragraph as the ‘processing pendent visa (as those terms are defined in alien granted a Z–A visa or a Z–A dependent date’). section 214A) who receive an adjustment of visa an adjustment of status under this Act ‘‘(B) OTHER APPLICANTS.— The processing status to that of an alien lawfully admitted and provide for termination of such visa if— of applications for an adjustment of status for permanent residence.’’. ‘‘(A) the Secretary finds by a preponder- under this subsection shall be processed not (2) NUMERICAL LIMITATIONS ON INDIVIDUAL ance of the evidence that grant of the Z–A later than 1 year after the processing date. FOREIGN STATES.—Section 202(a) of the Immi- visa was the result of fraud or wiilful mis- ‘‘(C) CONSULAR APPLICATION.— gration and Nationality Act (8 U.S.C. 1152) is representation (as described in section ‘‘(i) IN GENERAL.—A Z–A nonimmigrant’s amended by adding at the end the following 212(a)(6)(C)(i)); or application for adjustment of status to that new paragraph: ‘‘(B) the alien— of an alien lawfully admitted for permanent ‘‘(6) SPECIAL RULE FOR Z–A NON- ‘‘(i) commits an act that makes the alien residence must be filed in person with a IMMIGRANTS.—An immigrant visa may be inadmissible to the United States under sec- United States consulate abroad. made available to an alien issued a Z–A visa tion 212, except as provided under subsection ‘‘(ii) PLACE OF APPLICATION.—Unless other- or a Z–A dependent visa (as those terms are (c)(4); wise directed by the Secretary of State, a Z– defined in section 214A) without regard to ‘‘(ii) is convicted of a felony or 3 or more A nonimmigrant applying for adjustment of the numerical limitations of this section.’’. misdemeanors committed in the United status under this paragraph shall make an (d) CLERICAL AMENDMENT.—The table of States; or application at a consular office in the alien’s contents of the Immigration and Nationality ‘‘(iii) is convicted of an offense, an element country of origin. The Secretary of State Act (8 U.S.C. 1101 et seq.) is amended by in- of which involves bodily injury, threat of se- shall direct a consular office in a country serting after the item relating to section 214 rious bodily injury, or harm to property in that is not a Z–A nonimmigrant’s country of the following: excess of $500. origin to accept an application for adjust- ‘‘Sec. 214A. Admission of agricultural work- ‘‘(4) GROUNDS FOR REMOVAL.—Any alien ment of status from such an alien, where the er.’’. granted Z–A visa status who does not apply Z–A nonimmigrant’s country of origin is not for adjustment of Z status or renewal of Z SEC. 623. AGRICULTURAL WORKER IMMIGRATION contiguous to the United States, and as con- STATUS ADJUSTMENT ACCOUNT. status under section 601(k)(2) prior to the ex- sular resources make possible. piration of the application period described Section 286 of the Immigration and Nation- ‘‘(k) CONFIDENTIALITY OF INFORMATION.— ality Act (8 U.S.C. 1356) is amended by add- in subsection (c)(l)(B) or who fails to meet Applicants for Z–A nonimmigrant status the other requirements of paragraph (1) by ing at the end the following new subsection: under this subtitle shall be afforded con- ‘‘(y) AGRICULTURAL WORKER IMMIGRATION the end of the application period, is deport- fidentiality as provided under section 604. able and may be removed under section 240. STATUS ADJUSTMENT ACCOUNT.— ‘‘(l) PENALTIES FOR FALSE STATEMENTS IN ‘‘(5) PAYMENT OF TAXES.— ‘‘(1) ESTABLISHMENT.—There is established APPLICATIONS.— ‘‘(A) IN GENERAL.—Not later than the date in the general fund of the Treasury a sepa- ‘‘(1) CRIMINAL PENALTY.—Any person who— on which an alien’s status is adjusted as de- rate account, which shall be known as the ‘‘(A) applies for a Z–A visa or a Z–A de- scribed in this subsection, the alien shall es- ‘Agricultural Worker Immigration Status pendent visa under this section or an adjust- tablish that the alien does not owe any ap- Adjustment Account’. Notwithstanding any ment of status described in subsection (j) and plicable Federal tax liability by establishing other provision of law, there shall be depos- knowingly and willfully falsifies, conceals, that— ited as offsetting receipts into the account or covers up a material fact or makes any ‘‘(i) no such tax liability exists; all fees collected under section 214A; ‘‘(ii) all such outstanding tax liabilities false, fictitious, or fraudulent statements or ‘‘(2) USE OF FEES.—The fees deposited into have been paid; or representations, or makes or uses any false the Agricultural Worker Immigration Status ‘‘(iii) the alien has entered into an agree- writing or document knowing the same to Adjustment Account shall be used by the ment for payment of all outstanding liabil- contain any false, fictitious, or fraudulent Secretary of Homeland Security for proc- ities with the Internal Revenue Service. statement or entry; or essing applications made by aliens seeking ‘‘(B) APPLICABLE FEDERAL TAX LIABILITY.— ‘‘(B) creates or supplies a false writing or nonimmigrant status under section In this paragraph, the term ‘applicable Fed- document for use in making such an applica- 101(a)(15)(Z–A) or for processing applications eral tax liability’ means liability for Federal tion, made by such an alien who is seeking an ad- taxes, including penalties and interest, owed shall be fined in accordance with title 18, justment of status. for any year during the period of employ- United States Code, imprisoned not more ‘‘(3) AVAILABILITY OF FUNDS.—All amounts ment required under paragraph (l)(A) for than 5 years, or both. deposited in the Agricultural Worker Immi- which the statutory period for assessment of ‘‘(2) INADMISSIBILITY.—An alien who is con- gration Status Adjustment Account under any deficiency for such taxes has not ex- victed of a crime under paragraph (1) shall be this subsection shall remain available until pired. considered to be inadmissible to the United expended.’’. ‘‘(C) IRS COOPERATION.— The Secretary of States on the ground described in section SEC. 624. REGULATIONS, EFFECTIVE DATE, AU- the Treasury shall establish rules and proce- 212(a)(6)(C)(i). THORIZATION OF APPROPRIATIONS. dures under which the Commissioner of In- ‘‘(m) ELIGIBILITY FOR LEGAL SERVICES.— (a) REGULATIONS.—The Secretary shall ternal Revenue shall provide documentation Section 504(a)(11) of Public Law 104–134 (110 issue regulations to carry out the amend- to an alien upon request to establish the Stat. 1321–53 et seq.) shall not be construed ments made by this subtitle not later than payment of all taxes required by this sub- to prevent a recipient of funds under the the first day of the seventh month that be- section. Legal Services Corporation Act (42 U.S.C. gins after the date of enactment of this Act. ‘‘(6) ENGLISH LANGUAGE.— 2996 et seq.) from providing legal assistance (b) EFFECTIVE DATE.—This subtitle shall ‘‘(A) IN GENERAL.—Not later than the date directly related to an application for a Z–A take effect on the date that regulations re- on which a Z–A nonimmigrant’s status is ad- visa under subsection (b) or an adjustment of quired by subsection (a) are issued, regard- justed or renewed under section 601(k)(2), a status under subsection (j). less of whether such regulations are issued Z–A nonimmigrant who is 18 years of age or ‘‘(n) ADMINISTRATIVE AND JUDICIAL RE- on an interim basis or on any other basis. older must pass the naturalization test de- VIEW.—Administrative or judicial review of a (c) AUTHORIZATION OF APPROPRIATIONS.— scribed in sections 312(a)(1) and (2). determination on an application for a Z–A There are authorized to be appropriated to

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.158 S24MYPT1 bajohnson on PRODPC74 with SENATE S6686 CONGRESSIONAL RECORD — SENATE May 24, 2007 the Secretary such sums as may be nec- come forward and file practitioner fraud ‘‘(B) To conduct a needs assessment, in- essary to implement this subtitle, including complaints with the Department of Home- cluding the availability of and demand for any sums needed for costs associated with land Security by utilizing existing statutory English language services and instruction the initiation of such implementation. and administrative authority; classes, for new immigrants, lawful perma- PART II—CORRECTION OF SOCIAL (2) Cooperate with federal, state, and local nent residents, Z nonimmigrants, and citi- SECURITY RECORDS law enforcement officials who are respon- zens; sible for investigating and prosecuting such ‘‘(C) To convene public hearings and meet- SEC. 625. CORRECTION OF SOCIAL SECURITY crimes; and ings to assist in the development of a com- RECORDS. (3) Increase public awareness regarding the prehensive plan to integrate new immi- (a) IN GENERAL.—Section 208(e)(1) of the problem of immigration practitioner fraud. grants, lawful permanent residents, Z non- Social Security Act (42 U.S.C. 408(e)(1)) is (b) REPORTING.—Not later than 1 year after immigrants, and citizens; and amended— the end of the three-year pilot period, the ‘‘(D) To develop a comprehensive plan to (1) in subparagraph (B)(ii), by striking ‘‘or’’ Secretary of Homeland Security shall sub- integrate new immigrants, lawful permanent at the end; mit to Congress a report that includes infor- residents, Z non-immigrants, and citizens (2) in subparagraph (C), by inserting ‘‘or’’ mation concerning— into states and municipalities. at the end; (1) the number of individuals who file prac- ‘‘(2) MEMBERSHIP OF INTEGRATION COUN- (3) by inserting after subparagraph (C) the titioner fraud complaints via the pilot pro- CILS.—New Americans Integration Councils following: gram; established under this section shall consist ‘‘(D) who is granted nonimmigrant status (2) the demographic characteristics, na- of no less than ten and no more than fifteen pursuant to section 101(a)(15)(Z–A) of the Im- tionality, and immigration status of the individuals from the following sectors: migration and Nationality Act,’’; and complainants; ‘‘(A) State and local government; (4) by striking ‘‘1990.’’ and inserting ‘‘1990, (3) the number of indictments that result ‘‘(B) Business; or in the case of an alien described in sub- from the pilot; and ‘‘(C) Faith-based organizations; paragraph (D), if such conduct is alleged to (4) the number of successful fraud prosecu- ‘‘(D) Civic organizations; have occurred before the date on which the tions that result from the pilot. ‘‘(E) Philanthropic leaders; and ‘‘(F) Nonprofit organizations with experi- alien was granted such nonimmigrant sta- Subtitle B—Assimilation and Naturalization ence working with immigrant communities. tus.’’. SEC. 704. THE OFFICE OF CITIZENSHIP AND INTE- ‘‘(c) REPORTING.—The Government Ac- (b) EFFECTIVE DATE.—The amendments GRATION countability Office, in coordination with the Section 451(f) of the Homeland Security made by subsection (a) shall take effect on Office of Citizenship and Immigrant Integra- Act of 2002, Pub. L. 107–296 (6 U.S.C. 271(f)), is the first day of the seventh month that be- tion, shall conduct an annual evaluation of amended by— gins after the date of the enactment of this the grant program conducted under this sec- (a) inserting ‘‘and Integration’’ after ‘‘Of- Act. tion. Such evaluation shall be used by the fice of Citizenship’’ the two times that TITLE VII—MISCELLANEOUS Office of Citizenship and Immigrant Integra- phrase appears; and Subtitle A—Miscellaneous Immigration (b) in paragraph (f)(2), striking ‘‘instruc- tion— ‘‘(1) To determine and improve upon the Reform tion and training on citizenship responsibil- program’s effectiveness; SEC. 701. WAIVER OF REQUIREMENT FOR FIN- ities’’ and inserting ‘‘civic integration, and ‘‘(2) To develop recommended best prac- GERPRINTS FOR MEMBERS OF THE instruction and training on citizenship re- tices for states and municipalities who re- ARMED FORCES. sponsibilities and requirements for citizen- Notwithstanding any other provision of ceive grant awards; and ship’’. ‘‘(3) To further define the program’s goals law or any regulation, for aliens currently SEC. 705. SPECIAL PROVISIONS FOR ELDERLY IM- and objectives. serving in the U.S. Armed Forces overseas MIGRANTS. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— and applying for naturalization from over- Section 312(b) of the Immigration and Na- There are authorized to be appropriated to seas, the Secretary of Defense shall provide tionality Act (8 U.S.C. 1423(b)) is amended by the Office of Citizenship and Immigrant Inte- in a form designated by the Secretary of adding at the end the following: ‘‘(4) The re- gration such sums as may be necessary for Homeland Security, and the Secretary of quirements of subsection (a) of this section each of the fiscal years 2008 through 2012 to Homeland Security shall use the fingerprints shall not apply to a person who is over 75 carry out this section.] provided by the Secretary of Defense for years of age on the date of filing an applica- SEC. 708. HISTORY AND GOVERNMENT TEST. such individuals, if the individual— tion for naturalization; Provided, That the (a) HISTORY AND GOVERNMENT TEST.—The (a) may be naturalized pursuant to section person expresses, in English or in the appli- Secretary shall incorporate a knowledge and 328 or 329 of the Immigration and Nation- cant’s native language, at the time of exam- understanding of the meaning of the Oath of ality Act (8 U.S.C. 1439 or 1440); ination for naturalization that the person Allegiance provided by section 337 of the Im- (b) was fingerprinted in accordance with understands and agrees to the elements of migration and Nationality Act (8 U.S.C. 1448) the requirements of the Secretary of Defense the oath required by section 337 of this into the history and government test given at the time the individual enlisted in the Act.’’. to applicants for citizenship. Nothing in this Armed Forces; and SEC. 706. FUNDING FOR THE OFFICE OF CITIZEN- Act, other than the amendment made by this (c) submits the application to become a SHIP AND IMMIGRATION INTEGRA- subsection, shall be construed to influence naturalized citizen of the United States not TION. the naturalization test redesign process cur- later than 12 months after the date the appli- (a) AUTHORIZATION OF APPROPRIATIONS.— rently underway under the direction of U.S. cant is fingerprinted. There is authorized to be appropriated to the Citizenship and Immigration Services. SEC. 702. DECLARATION OF ENGLISH. Secretary of Homeland Security the sum of [$100] million to carry out the mission and SEC. 709. ENGLISH LEARNING PROGRAM. (a) English is the common language of the (a) The Secretary of Education shall de- United States. operations of the Office of Citizenship and Immigrant Integration in U.S. Citizenship velop an open source electronic program, (b) PRESERVING AND ENHANCING THE ROLE useable on personal computers and through OF THE ENGLISH LANGUAGE.—The Govern- and Immigration Services, including the pa- triotic integration of prospective citizens the Internet, that teaches the English lan- ment of the United States shall preserve and guage at various levels of proficiency, up to enhance the role of English as the language into— (1) American common values and tradi- and including the ability to pass the Test of of the United States of America. Nothing English as a Foreign Language, to individ- herein shall diminish or expand any existing tions, including an understanding of Amer- ican history and the principles of the Con- uals inside the United States whose primary rights under the laws of the United States language is a language other than English. relative to services or materials provided by stitution of the United States; and (2) civic traditions of the United States, in- The Secretary shall make the program avail- the Government of the United States in any cluding the Pledge of Allegiance, respect for able to the public for free, including by plac- language other than English. the flag of the United States, and voting in ing it on the Department of Education (c) DEFINITION.—For the purposes of this public elections. website, and shall ensure that it is readily section, law is defined as including provi- accessible to public libraries throughout the sions of the United States Constitution, the SEC. 707. CITIZENSHIP AND INTEGRATION COUN- CILS. United States. The program shall be fully ac- United States Code, controlling judicial deci- ‘‘(a) GRANTS AUTHORIZED.—The Office of cessible, at a minimum, to speakers of the sions, regulations, and Presidential Execu- Citizenship and Immigrant Integration shall top five foreign languages spoken inside the tive Orders. provide grants to states and municipalities United States. SEC. 703. PILOT PROJECT REGARDING IMMIGRA- for effective integration of immigrants into (b) AUTHORIZATION OF APPROPRIATIONS.— TION PRACTITIONER COMPLAINTS. American society through the creation of There is authorized to be appropriated to the (a) Within 180 days of the enactment of New Americans Integration Councils. Secretary of Education such sums as are nec- this Act, the Secretary of Homeland Secu- ‘‘(b) USE OF FUNDS.— essary to carry out the purposes of this sec- rity, in consultation with the Attorney Gen- ‘‘(1) IN GENERAL.—Grants awarded under tion. eral, shall institute a three-year pilot this section shall be used— SEC. 710. GAO STUDY ON THE APPELLATE PROC- project to— ‘‘(A) To report on the status of new immi- ESS FOR IMMIGRATION APPEALS. (1) Encourage alien victims of immigration grants, lawful permanent residents, and citi- (a) IN GENERAL.—The Comptroller General practitioner fraud, and related crimes, to zens within the state or municipality; of the United States shall, not later than 180

VerDate Aug 31 2005 10:46 May 25, 2007 Jkt 059060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.159 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6687 days after enactment of this Act, conduct a Mrs. MURRAY. The unanimous con- In July we will turn our attention to study on the appellate process for immigra- sent would allow for every other Sen- the Pentagon’s fiscal 2008 funding re- tion appeals. ator to be from that side, at your dis- quest, and in September we will con- (b) REQUIREMENTS.—In conducting the cretion. I did limit it to 10 minutes and study under subsection (a), the Comptroller sider the $145 billion war funding re- General shall consider the possibility of con- I will be happy to amend the unani- quest for the next fiscal year. Each of solidating all appeals from the Board of Im- mous consent for Senator GRASSLEY for these bills is an opportunity to shape migration Appeals and habeas corpus peti- 15 minutes following Senator BYRD. the future course of the mission in tions in immigration cases into 1 United The PRESIDING OFFICER. Without Iraq. Clearly, Congress is not turning States Court of Appeals, by— objection, it is so ordered. from the debate on Iraq. On the con- (1) consolidating all such appeals into an The senior Senator from West Vir- trary, we are just beginning this de- existing circuit court, such as the United ginia is recognized. bate. States Court of Appeals for the Federal Cir- The Senator will suspend. The Senate We have all committed to protecting cuit; is awaiting the comments from the (2) consolidating all such appeals into a our men and women in uniform. This centralized appellate court consisting of ac- senior Senator from . legislation provides the funding to do tive circuit court judges temporarily as- Will those Senators having conversa- just that. We ensure $3 billion for the signed from the various circuits, in a manner tions retire from the Chamber. purchase of mine-resistant, ambush- similar to the Foreign Intelligence Surveil- The Senator from West Virginia is protected vehicles. The 2,000 additional lance Court or the Temporary Emergency recognized. advanced armored vehicles that will be Court of Appeals; or f (3) implementing a mechanism by which a built with these funds will help to save panel of active circuit court judges shall EMERGENCY SUPPLEMENTAL the lives of American soldiers and have the authority to reassign such appeals APPROPRIATIONS American marines as they travel the from circuits with relatively high caseloads Mr. BYRD. Mr. President, a few lonely streets of Baghdad—the lonely to circuits with relatively low caseloads. weeks ago, Congress approved legisla- streets of Iraq. (c) FACTORS TO CONSIDER.—In conducting If our soldiers are injured in battle, the study under subsection (a), the Comp- tion that would have changed the course of the U.S. occupation of Iraq. I this legislation ensures they will re- troller General, in consultation with the At- ceive high-quality health care when torney General, the Secretary, and the Judi- say occupation because, frankly, that cial Conference of the United States, shall is what this is. Our troops won the bat- they come home. The fiasco at Walter consider— tle they were sent to fight. The dic- Reed should be seared into our national (1) the resources needed for each alter- tator Saddam Hussein is deposed and consciousness. That is why this legisla- native, including judges, attorneys and other executed. His rotten government is no tion provides $4.8 billion to ensure that support staff, case management techniques more, replaced with a democratically troops and veterans receive the health including technological requirements, phys- care they have earned with their serv- ical infrastructure, and other procedural and elected Parliament, President, and Prime Minister. We all are cheered at ice. logistical issues as appropriate; A few weeks ago, we watched Kansas (2) the impact of each plan on various cir- the skill of our soldiers. cuits, including their caseload in general and But, sadly, this President has not families try to put their lives back to- caseload per panel; done justice by our brave troops. The gether after deadly tornadoes ripped (3) the possibility of utilizing case manage- dreadful management of this occupa- through their homes. The Kansas Gov- ment techniques to reduce the impact of any tion has resulted in chaos. Iraq is at ernor pointed out that her State’s Na- consolidation option, such as requiring cer- war with itself and our troops are tional Guard equipment was parked in tificates of reviewability, similar to proce- caught in the middle. That is why this Iraq and not at home, slowing cleanup dures for habeas and existing summary dis- Congress established a new direction and recovery efforts. Other States missal procedures in local rules of the courts faced the potential for the exact same of appeals; for bringing our troops home from this (4) the effect of reforms in this Act on the misbegotten occupation. The bill the problem. This supplemental bill pro- ability of the circuit courts to adjudicate President vetoed would have refocused vides $1 billion—that is 1 dollar for such appeals; our military, not on the civil war in every minute since Jesus Christ was (5) potential impact, if any, on litigants; Iraq but, rather, on Osama bin Laden born—$1 billion for the National Guard and and his base of operations. It is time and reserve to replace the trucks and (6) other reforms to improve adjudication heavy equipment that Guard units of immigration matters, including appellate for the President to take off his blind- review of motions to reopen and reconsider, ers and uncover his ears. White House have been directed to leave in Iraq. and attorney fee awards with respect to re- obstinacy cannot continue to drive our Again today President Bush warned view of final orders of removal. military plans in Iraq. of terrorist attacks on American soil. The PRESIDING OFFICER. The Sen- With this supplemental funding legis- He talks a great deal about the threats ator from Washington. lation we begin to shift the responsi- of such attacks, but very seldom does f bility for Iraq’s future off the shoulders he provide resources to protect the of our military, and onto the shoulders country. If the President’s warnings MORNING BUSINESS of the Iraqi Government and the Iraqi are accurate, the $1 billion contained Mrs. MURRAY. Mr. President, I ask people. The White House wanted a in this bill should help to save lives. unanimous consent the Senate proceed blank check for the President’s man- We include funds for port security to morning business and the following gled occupation of Iraq. We are not and for mass transit security, for ex- Senators on our side be recognized for going to sign on that dotted line—not plosive detection equipment at air- the time amounts that I will give, al- now, not ever. The legislation that is ports, and for several initiatives in the ternating with Republican Senators on before the Senate today is a step to- 9/11 bill that recently passed the Sen- the other side if they so request, lim- ward that goal. It is not a giant leap, ate, including a more aggressive ited to 10 minutes. On the Democratic but it is progress. And it is only a first screening of cargo on passenger air- side the order would be: Senator BYRD step. In a few weeks, this Senate is ex- lines. We will not—no, we will not— for 15 minutes, Senator KERRY for 10 pected to focus on the Defense Depart- close our eyes to the huge gaps in our minutes, Senator BOXER for 5 minutes, ment authorization bill. I shall press protections at home. Senator MURRAY for 10 minutes, Sen- for a vote on the proposal Senator We also work to heal the devastated ator CONRAD for 5 minutes, Senator CLINTON and I have outlined in the au- communities still struggling to recover DODD for 10 minutes, Senator BROWN thorization for the Iraq war and to give from Hurricane Katrina and Hurricane for 5 minutes, Senator LANDRIEU for 5 Congress a chance, just a chance, to de- Rita. To this day, mangled trash heaps minutes, Senator LEVIN for 5 minutes, cide whether the so-called new mission stand where homes and families once and Senator DURBIN for 5 minutes. in Iraq should continue. If this mission lived. This White House, the Bush The PRESIDING OFFICER. Is there is so critical, then let the administra- White House, sends billions of dollars objection? tion make its case and let the people’s to rebuild Baghdad but ignores the Mr. GRASSLEY. Reserving the right elected Representatives—that is us— overwhelming needs in New Orleans, to object. I asked for 20 minutes. How let the people’s elected Representatives Slidell, Biloxi, and so many other do I fit into that? vote. places at home.

VerDate Aug 31 2005 09:58 May 25, 2007 Jkt 059060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.161 S24MYPT1 bajohnson on PRODPC74 with SENATE S6688 CONGRESSIONAL RECORD — SENATE May 24, 2007 This bill invests $6.4 billion—that is tions bill? It matters for several rea- But the conference process was also $6.40 for every minute since Jesus was sons. I had the pleasure of serving on abused. We never even went through born—this bill invests $6.4 billion to re- both the Finance Committee, and for a the trappings of the committee proc- build the gulf coast communities and very short period of time during my ca- ess. We have an amended House bill to restore the vibrance of this proud re- reer in the Senate, on the Appropria- that because of the imperative of an gion. tions Committee. They are the money acceptable war funding package has I close, and I thank my ranking committees of the Senate. the force of a conference report. member, Senator THAD COCHRAN, for Appropriations bills, by and large, How was the process abused? Just his help. I thank Representative DAVE spend money. That is not entitlements, take a look at the bill, and you will OBEY, chairman of the House Appro- that is the set-asides in the budget. Fi- find a patchwork of unconnected provi- priations Committee, and the Senate nance Committee bills, on the other sions in the Finance Committee juris- leaders, Senator HARRY REID and Sen- hand, raise revenue and deal with most diction that is not even mentioned in ator MITCH MCCONNELL. I thank the of the health and welfare entitlement the title. Aside from a small business Appropriations Committee staff: staff spending. tax relief provision, no real back-and- director, Charles Kieffer; Republican Both the Appropriations and Finance forth discussion occurred on these mat- staff director, Bruce Evans; and our Committees have very strong constitu- ters, either in the Finance Committee subcommittee and professional staff tional traditions, expertise in the com- or in conference. plex subject matter, and seasoned members. With respect to the small business memberships motivated and dedicated I appreciate, I deeply appreciate the tax relief provisions, the House and to service of the respective commit- long hours they have worked—yes, long Senate Democratic leadership set an tees. All you have to do is look at the hours they have worked to craft the arbitrary ceiling that constrained our careers of Chairman BYRD, the ranking supplemental legislation. I urge Sen- outstanding chairman, Senator BAU- ators, all Senators on both sides of the member, or Senator BAUCUS, to know that they dedicate themselves to these CUS, from reaching a bipartisan agree- aisle, to support this legislation. It is ment which is so much in the tradition the product of bipartisan negotiations. two great money committees of the Senate. of how Senator BAUCUS and I work to- That is right, isn’t it, THAD? So when policy issues are processed gether. Mr. COCHRAN. Sometimes. The bottom line is, Republicans Mr. BYRD. It meets the critical outside of the Appropriations or out- side the Finance Committee, necessary opened the door to a conference agree- needs of this country. It moves us for- ment without receiving assurances of a ward in our efforts to change the dy- care, expertise, and experience is lost. When I was chairman, I took great fair deal. I don’t think we got a fair namic in Iraq. We must challenge—we deal. Once Republicans opened the door must challenge—this President, our pains to avoid taking on appropriations matters. More often than not, policy to the conference, the door was effec- President, to open his eyes to the truth made outside of either of these com- tively shut on full and meaningful par- and adopt the new direction in Iraq mittee jurisdictions will, it seems, ticipation. that this Nation and the world so ea- somehow need to be corrected. Now, in the past, Republican leader- gerly—yes, so anxiously—awaits. There is another reason it matters; ship did similar things, and Democrats I yield the floor. that is, policy made through the com- cried foul. I am proud to say that on The PRESIDING OFFICER. The Sen- mittee process is very transparent, and most, not all, Finance Committee con- ator from Iowa. that is what American Government Mr. GRASSLEY. Mr. President, I ferences, the Senate Democrats were and the Congress is all about, trans- would like to talk first about the proc- represented and present for final con- parency—the public business to be done ess and then the substance of this leg- ference agreements. After crying foul publicly. The committee’s role is to air islation. As everybody knows, we will about some conference processes, the and carefully consider proposals in the soon be considering the war supple- Senate Democratic leadership insisted areas of committee jurisdiction. in previous years on preconference mental bill entitled ‘‘The U.S. Troop We are really talking about trans- Readiness, Veterans Care, Katrina Re- agreements before letting Republicans parency. Sunshine is the best disinfect- go to conference. covery and Iraq Accountability Appro- ant. When the committee process is priations Act of 2007.’’ As I feared earlier in the year, the end-run, as I will demonstrate in part Senate Republican leadership will have That title is very important. As the of this bill, there is usually no positive title says, the legislation is an appro- to similarly insist on assurances before reason. Usually the reason is expedi- conferences are convened. This supple- priations bill. The title refers to troop ency on the part of people, maybe even readiness. There is finally, after sev- mental and its vetoed predecessor beyond the control of the committee made the case that the conference eral months of legislative wrangling, chairman, and I would suggest legisla- funding for the troops that the Presi- process can’t be trusted. tive leadership. Senate Republicans have no recourse dent can sign. It has happened not just now, it has The title refers to veterans care. other than to insist on preconference happened under Republicans and under agreements, as we can learn from the There is funding for that. The title re- Democrats. But I am pleased to say it Democratic minority of the previous 4 fers to Katrina recovery. There are has been effectively very rare over the years. funds for Hurricane Katrina damage. last few years. Skipping the committee Now, I want to turn to the substance The title also refers to Iraq account- process on new proposals was the ex- of three categories of the Finance Com- ability. There is language finally in the ception rather than the rule. form acceptable to the President so Unfortunately, now, with respect to mittee matters that were inserted in that he can sign it dealing with bench- the critical pieces of Finance Com- the process, after spending my previous marks on our mission in Iraq and the mittee jurisdiction, it looks as if lead- minutes on that process. Now to the role of the Iraqi Government. ership prefers to skip the committee, substance. The title of the bill, however, does after I have been told privately and The first matter deals with the small not refer to any matters within the ju- publicly so many times all of the work business tax relief package that trav- risdiction of a committee I am very fa- is going to be done through the com- eled with a minimum wage increase. miliar with, the Finance Committee. mittee. So I am hoping that what I am The deal in the conference is basically But take a look and you will find three going to complain about is pretty the same deal presented by the Demo- categories of Finance Committee mat- much a temporary pattern. cratic negotiators on the last appro- ters: One, the small business tax relief To sum it up, the people’s business priations bill. It favors the House posi- package; two, the so-called pension should be done in committees in a tion in number and composition of that technicals; and, three, Medicaid and transparent way so the people of this package, practically ignoring the great SCHIP provisions. country know what is going on. Com- work that Senator BAUCUS and I did on Now, why does it matter whether mittee process means sunshine. I think these provisions. these policy provisions travel in a tax- the committee process was abused on From a small business standpoint, writing committee bill or an appropria- this legislation. the House bill was a peanut shell. The

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Bicameral, staff-level what the House has. ing to put together with a bill that will meetings are taking place regularly, and we As you can see here, I have got Mr. come up later on. are working with the Administration to en- Peanut up here to demonstrate the In addition, there are pension provi- sure that the needed corrections are prompt- Senate bill, the House bill, and the con- sions included in this bill that are ly addressed. The HELP Committee has a ference report. From a small business called technical but are of great sub- history of finding common ground on com- standpoint, then, I want to repeat: The stance and are not then technical. plex legislative challenges, and we are con- House bill was a peanut shell. The Sen- Some of these proposals are even con- fident that we will reach consensus on a ate bill was real peanuts. It is a missed troversial. I have reviewed legislative package soon. We urge you to provide us with the opportunity to bring a finished pen- opportunity because a conference history over the last 15-plus years, and sion technical package to the floor in a time- agreement is a single, shriveled peanut, that history informs me that this may ly fashion in order to give our colleagues the not helping small business the way be an unprecedented treatment of tech- chance to have their priorities considered. small business ought to have been nical corrections. Techincals were Sincerely, helped to offset the negative impacts processed on a 2000 year bill that was EDWARD M. KENNEDY, on small business of a minimum wage not a tax-writing committee bill, but Chairman. tax increase. that package was a consensus package. MICHAEL B. ENZI, Ranking Member. We could have, in fact, provided All the committees and the adminis- small business with meaningful tax re- tration had signed off that year, 7 U.S. SENATE, lief that is contemporaneous with the years ago. In other instances, COMMITTEE ON FINANCE, effects of the minimum wage hike that technicals were processed on tax-writ- Washington, DC, May 15, 2007. I say, and I think economists agree, are ing committee vehicles. In all these in- Hon. ROBERT C. BYRD, negative toward small business. stances, the packages represented an Chairman, Committee on Appropriations, U.S. This chart shows Mr. Peanut. It agreement between all the tax-writing Senate, Washington, DC. shows this bill at each of its stages—a committees, Republican and Demo- Hon. THAD COCHRAN, Ranking Member, Committee on Appropriations, peanut, a peanut shell, and shriveled cratic, and the Treasury. peanut. What we are going to be voting U.S. Senate, Washington, DC. In this case, there are four commit- DEAR CHAIRMAN BYRD AND RANKING MEM- on will be that shriveled peanut. tees involved, the two tax-writing com- BER COCHRAN: I am writing to express my There is another matter that bothers mittees and the Senate Health, Edu- continued opposition to the consideration of me and this is the so-called pension cation, Labor, and Pensions Com- any provision concerning intergovernmental technical corrections. What is a tech- mittee, what we call the HELP Com- transfers/cost based reimbursement by the nical correction, one might ask. Tech- mittee, and the House Education and Committee on Appropriations for the supple- mental appropriation bill we will be voting nical corrections measures are routine Labor Committee. To illustrate the for major tax bills. Last year’s land- on shortly. I am also opposed to the inclu- controversy over the pensions tech- sion of tax provisions that passed separately mark bipartisan pension reform bill nical package, I ask unanimous con- through the Senate as part of the supple- certainly can be described as a major sent to print in the RECORD a copy of a mental appropriations. As you know, the tax bill. It contained the most signifi- letter from HELP Committee Chair- Medicaid matter pertains to programs under cant retirement security policy man KENNEDY and Ranking Member the Social Security Act and the tax provi- sions amend the Internal Revenue Code. changes within a generation. There are ENZI. The letter lays out their objec- Both the Social Security Act and the Inter- proposals necessary to ensure that the tions to the House technical process. I provisions of the pension reform bill nal Revenue Code fall clearly and solely also ask unanimous consent that a within the jurisdiction of the Committee on are working consistently within con- copy of a letter I wrote regarding the Finance. gressional intent and to provide cler- Finance Committee’s jurisdiction be Throughout the years, the Committee on ical corrections. That is what technical printed in the RECORD. Finance has worked to safeguard and im- corrections means. Because these There being no objection, the mate- prove the programs under its jurisdiction, in- measures carry out congressional in- rial was ordered to be printed in the cluding the Medicaid program. The Finance Committee has unique expertise with these tent, no revenue gain or loss is scored RECORD, as follows: by the Congressional Budget Office. programs and is the only Committee in the U.S. SENATE, COMMITTEE ON Technical corrections is derived from position to assess the possible effects of indi- HEALTH, EDUCATION, LABOR, AND vidual changes on all Social Security Act a deliberative and consultative process PENSIONS, programs as a whole. Any requests for addi- among the congressional as well as ad- Washington, DC, May 22, 2007. tional changes to these programs must be ex- ministration tax staffs, where there is Hon. HARRY REID, amined with great care, and the Committee a great deal of expertise. That means Majority Leader, U.S. Senate, on Finance is the only Committee with expe- the Republican as well as the Demo- Washington, DC. rience necessary for this task. Accordingly, cratic staffs, regardless of who is in the Hon. MITCH MCCONNELL, the Committee will legislate to modify these majority or minority of both the House Republican Leader, U.S. Senate, programs only after thorough analysis of the Washington, DC. Ways and Means Committee and the issues involved and potential solutions. DEAR LEADERS: Last year we worked with The proposed intergovernmental transfers/ Senate Finance Committee, are in- other committees to author the most exten- cost based reimbursement provision in ques- volved, as well as Treasury Department sive overhaul of pension funding rules in a tion is case in point of why it should not be personnel, whether we have a Repub- generation. The Pension Protection Act of considered in an appropriations bill. This lican or Democratic President. All of 2006 (PPA) was signed into law in August provision would halt the implementation of this work is performed with the par- 2006, following extensive bipartisan, bi- a Department of Health and Human Services ticipation and guidance of the non- cameral negotiations. Conferees were intent (HHS) regulation on cost based reimburse- partisan professional staff of the Joint on ensuring that retirement plans are prop- ment. The regulation addresses the question- erly funded, and that Americans’ retirement able practice of states recycling Medicaid Committee on Taxation. A technical savings will be there when they need it. This funds paid to providers. The Government Ac- enters the list only if all staffs agree it law passed the Senate with overwhelming countability Office (GAO) has opined numer- is appropriate. Any one segment I have support, 93–5. ous times about the inappropriateness of the listed can veto it. That is why we know We understand that a number of pension practice and the Finance Committee has it is nonpartisan. That is why we know provisions originating in the House may be worked to expose it as well. Restricting pay- it is technical. That is why we know it included in the emergency war spending bill. ments to cost and requiring claims docu- is not a substantive change in law. If it While moving forward on pensions technical mentation both are in the best interest of were, it would not be technical. corrections is a goal that many members the integrity of the Medicaid program, and The pension provisions in this bill, share, moving House pension technical cor- forbidding HHS from acting in these areas is rections separately on this spending bill extraordinarily short-sighted. In fact, the the one we will be voting on in a little from Senate priorities creates a disparity. Administration believes the new rule will while, represent then forgetting this We are very concerned at this disregard for save $5 billion over the next five years. process so you know things are done equal consideration and lack of discussion of Clearly, halting implementation will have an right. It represents a cherry-picking of Senate priorities and prerogatives. impact on Medicaid resources and, therefore,

VerDate Aug 31 2005 08:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.114 S24MYPT1 bajohnson on PRODPC74 with SENATE S6690 CONGRESSIONAL RECORD — SENATE May 24, 2007 decisions that have such an impact are more tions bill where Chairman Baucus was not a we had an opportunity to elicit a le- appropriate for the Finance Committee. conferee. Legitimate tax policy proposals on gitimate, fundamental change and Certainly, a one-year moratorium is an im- the revenue losing and revenue raising sides some commitments from this adminis- provement over the two-year moratorium were left on the conference’s cutting room tration with respect to the way in that was in the bill that was originally floor. passed by the Senate, but the language in The composition of the final package is which we would hold Iraqis account- the bill still encourages states to push the heavily weighted towards an extension and able and the way in which this admin- envelope on payment schemes. If a state sub- modification of the work opportunity tax istration itself would be held account- mits a proposed waiver or state plan amend- credit. I support that credit. But the benefits able. ment that is in contravention with the regu- of that policy are delayed. Small businesses I say with all due respect, that is lation, the agency will not have the author- need the tax relief to be in synch with the what the American people voted for in ity to deny the proposal. This is a provision time the minimum wage kicks in. November 2006. That is what they have written for the benefit of special interests so Both of these outcomes do not reflect a they can avoid real scrutiny of their financ- proportionate agreement between the House a right to expect from this Congress. ing arrangements. This provision will en- and Senate bills. The arbitrary ceiling on the The fact is, we could show our support courage states to offer payment schemes amount of tax relief was not a fair balance. for our troops in many different ways that CMS has previously disallowed as being I appreciate your Committee members’ in- in this legislation. I don’t believe the inappropriate. It will encourage litigation if terest in the Social Security Act programs only way to show that support is by CMS tries to assert that they do still main- and the Internal Revenue Code. I ask that letting the President have full discre- tain jurisdiction. they work with the Committee on Finance tion to continue to do what the Presi- to see that their objectives are examined and The inspector general has investigated and dent has been doing for these last reported to Congress on why there are prob- addressed at the appropriate time, in the ap- lems in the areas the rule addresses. The Fi- propriate setting. Thanks for your assist- years. I believe the way you do it is by nance Committee has not had the first hear- ance. requiring—and setting up real meas- ing on why the rule doesn’t work and must Sincerely, urements with real consequences—the be stopped. CHARLES E. GRASSLEY, Iraqis to stand up for Iraq. I am con- The way that this provision is paid for is Ranking Member. vinced, because the last years have equally problematic. The extension of the Mr. GRASSLEY. The bottom line is, proven it, the President is wrong to Wisconsin pharmacy plus waiver is an unnec- the Republicans now know that the keep suggesting we will stand down essary earmark. Every state but Wisconsin has changed their pharmacy assistance pro- conference process and the committee when they stand up. I believe they will gram as the MMA required. Furthermore, process will not be respected. We are not stand up until we stand down. That the way the language is written sets a very doing things of a substantive nature. is the reality. bad precedent. The language is written in a We are doing things for which there is The fact is, the benchmarks in this way that alters Medicaid’s budget neutrality a process to make sure that the term supplemental are not meaningful test. It’s written to guarantee that it ap- ‘‘technical’’ is abided by. That process benchmarks. The President has a com- pears to save money. The reality is that Wis- that worked so perfectly is ignored. So plete waiver. All we require is a report, consin will be providing many poor seniors if the committee process will not be re- a certification from the President. Is with less of a benefit than they could get there anybody here, based on the state- through Part D. Wisconsin charges greater spected, we have to do things to make cost-sharing than Medicare for low income sure that it is. In the future, we will ments the President has made for the seniors. need to protect the committee and the last 5 years, who doesn’t know exactly Legislating to prevent CMS from cleaning conference process, and we will need to what the President is going to say with up intergovernmental transfers scams on do some preconferencing agreements as respect to progress? All we require is this appropriation bill sets a bad precedent. we ought to have learned from now that there be some measurement of That is clear. It is legislation on Medicaid what is the majority, the Democrats, ‘‘progress.’’ and that is a basic part of the jurisdiction of Let me say very clearly, because I the Finance Committee. when they were in the minority, that I am also concerned that the supplemental they got Republicans to agree to. It have been there before in this argu- appropriation includes tax provisions which seems to me that is legitimate. It may ment, I know what happens when you also fall solely in the jurisdiction of the Fi- not be exactly the way it ought to vote in a way that people can easily nance Committee. The power of the purse, work, but it is something we have to do try to pick up and construe as a vote appropriations, is Congress’ power and we to make sure these things don’t happen other than what it is. There is good in are directly accountable to our constituents again. this supplemental. Yes, we need money for our spending actions. In that vein, I deep- I yield the floor. for readiness for troops, and every sin- ly respect the deep traditions of the Appro- The PRESIDING OFFICER. The Sen- gle one of us wants our troops to be as priations Committee. As a former Chairman, and now, Ranking Member of the Finance ator from Massachusetts is recognized. ready as they can be. Yes, it is good Committee, I deeply respect that division of Mr. KERRY. Mr. President, history that there is money for care for vet- power. The power to tax is our power and we has proven it was a mistake to give erans, and our veterans deserve the are directly accountable to our constituents this President the power to go to Iraq, best care in the world. In fact, the for our taxing actions. and I believe history will prove it is a money available in this bill is a far cry We should rarely mix the jurisdiction of mistake to give him the open-ended from the real needs of our veterans the two great money committees. It should power that this supplemental bill with respect to mental health, out- only occur, if at all, when the four senior leaves in his hands. This war is not members of the tax writing and appropria- reach centers, the veterans centers, the tions committees agree. Mixing tax writing what this President says it is. I believe VA, care in the hospitals. That could and appropriations jurisdiction should not we have an obligation not to vote for be a great deal stronger. But we are for occur at the whim of leadership. Those kinds the continuation of a policy that em- that. We are also for the money for of actions demean the committees. Fortu- powers the President to simply con- Katrina. So let me make it clear to nately, I insisted and the leadership re- tinue the war at his discretion. I have anybody who wants to try to distort spected this division of jurisdiction between listened to some of my colleagues and this vote: I am in favor of the money the tax writers and appropriators over the others who have suggested that this for readiness. I am in favor of giving last six years. Earlier this year, the Senate acted on the bill will somehow change the course. I our troops all the care they need and minimum wage bill/small business tax relief have to respectfully disagree. This bill deserve. I am in favor of money for sup- bill after the House had passed its own does not provide a strategy worthy of port for Katrina. version of the bill. We worked with our our soldiers’ sacrifice. Instead it per- But the fundamental gravamen of House counterparts to resolve differences be- mits more of the same, a strategy that this bill, the heart of this bill, is the tween the two bills. However, because of a relies on sending American troops into strategy with respect to the war in bicameral Democratic Leadership obsession the alleys and back roads of Iraq to ref- Iraq. The heart of this bill are the con- with a top-line number on the tax side, the eree a deadly civil war. sequences that we invite as a result of conference options were severely limited. Instead of the same misguided strat- Chairman Baucus was able to accommodate our votes. far less than half the tax policy the Senate egy, I believe we had an opportunity. In the last week or two, I have been sent to conference. The Senate’s authority While I understand the votes and I un- to three funerals, one funeral, the son was limited by the Leadership decision to at- derstand the threat of veto, and I am of a man who was opposed to the war, tach the bill to the supplemental appropria- not new to this process, I still believe a military man, a West Pointer, a man

VerDate Aug 31 2005 08:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.055 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6691 who gave his career, but he is opposed want an oil deal. But I listened to Sec- would I do that because they don’t to this war. He dared to use the word to retary of State Rice in front of our know where the hell they’re going. And me in a conversation on the very day committee months ago say: The oil as he said it, he said: I would go over that his son was being buried about deal is just about to be approved, right there for a year, I would get an ulcer, how it was important for us to redou- around the corner. I would come back, and it would be the ble our efforts in the Senate to bring It hasn’t even been put to the Par- same thing. this to a close, how it was important liament. It is not approved months We have an obligation to vote for a for us not to allow these young men later and too many lives lost later be- change. That is why I will cast my vote and women to have their lives ‘‘wast- cause of the procrastination of Iraqi ‘‘no’’ on this supplemental—yes for the ed,’’ a word that if any politician used, politicians. How do you say to an money for troops; yes for care; yes for we would be pilloried for. But the fa- American family that their son or readiness; yes for all the things we ther of a man who was being buried daughter ought to give up their life so need to do; but, most importantly, a used that word on the very day his son Iraqi politicians can spin around and ‘‘yes’’ that we are not able to cast for was being buried. Another funeral I at- play a game between each other at our a change in the entire dynamic with tended with a father who was overcome expense? the Iraqis themselves and the account- from emotion speaking from the pul- It is unconscionable. It is bad strat- ability we will hold this administration pit, left the pulpit, came down, stood egy. It is bad policy. It defies common to, the accountability we hold the beside his son’s coffin and said: I have sense. That is what this vote is about: Iraqis to, and, ultimately, a strategy to talk beside my son. He put his hand why and when we, as a Congress, are for real success, not just in Iraq but in on the coffin and talked to us about his going to insist—now, I understand they the Middle East, where we have made son’s pride, his son’s patriotism, his do not want the deadline, and the Hamas more powerful, Iran more pow- son’s love of his fellow soldiers, his President insists he is not going to erful, Nasrallah and Hezbollah more son’s and his commitment to what he have the deadline, notwithstanding— powerful, and our interests are being was doing personally but, obviously, notwithstanding—we gave the Presi- set back. the agony they feel over a war that so dent full discretion to leave troops It is time for us to get the policy many people don’t support. there to complete the training, to leave right. That is how you support the We have a responsibility with respect troops to chase al-Qaida, to leave troops. to those young men and women, with troops there to protect American fa- The PRESIDING OFFICER (Mr. respect to those families. I believe that cilities and forces. SANDERS). The Senator from Cali- responsibility is not met when you give Those kids we are burying deserve an fornia. Mrs. BOXER. Mr. President, in the President the very same power to honest debate, not a debate where peo- March and April I voted for an emer- continue on a daily basis what he has ple come to the floor and say: Oh, these gency spending bill that would have been doing for these last years. There are the cut-and-run folks. These are fully funded our troops in Iraq but isn’t one person in this body who the folks who are looking for defeat. It would have changed their mission— doesn’t know what this President is is an insult to any Member of the Sen- would have changed their mission—to a going to say with respect to progress. ate to suggest somebody is actively sound mission. That mission would How many times have we heard, in the looking for defeat. We have a different have taken our troops out of the mid- midst of this war, Vice President CHE- way of finding success. As Thomas Jef- dle of a civil war and put them into a NEY come out: We are making progress. ferson said: Dissent is the highest form support role, as the Iraq Study Group The President yesterday talked about of patriotism. Even the patriotism of suggested, training Iraqi soldiers and progress, even as he mischaracterizes people who offer a different road has police. We would have allowed them to what this war is about, talking prin- been questioned. Well, not any longer, fight al-Qaida and protect our troops. cipally about al-Qaida, when all of us and I have no fear about casting this The President did not agree to that, know this war is principally a civil vote against this because this is the and he will not agree to that. As a mat- war, a slaughter now between Shia and wrong policy for Iraq. This continues ter of fact, the President will not agree Sunni over the political spoils of Iraq. the open-ended lack of accountability. to any change in strategy in Iraq. That Our presence is empowering that. This allows the President to certify is more than a shame. For the Amer- A few days ago, we set a new strat- whatever the President wants, to waive ican people, it is a tragedy. egy, forcing Iraqis to do what only whatever the President wants. It does not seem to matter how many Iraqis can do. We gave the President I promise my colleagues, we will be Americans die in Iraq, how many fu- the full discretion to leave the troops back here in September having the nerals we have here at home, or what necessary to complete the training of same debate with the same benchmark the American people think. This Presi- Iraqi security forces, to chase al-Qaida questions, and they will not have dent will not budge. This new bill on and protect U.S. forces and facilities. moved in their accountability. Even Iraq keeps the status quo. Oh, it has a In the sixth year of this war, which we the strategy is still changing. few frills around the outside, a few re- will reach by next year, it seems to me Let me ask my colleagues something: ports, a few words about benchmarks— fair that we should expect that Iraqis When can you remember in American while our troops die and our troops get can assume that responsibility. The history hearing about a President of blown up. Iraqi Government has said they can. the United States casting about to find Now, I understand why this legisla- The Iraqi Parliament has said they a general to act as the czar for a war, tion is before us today. It is because don’t want us there. Our own CIA tells where four four-star generals said no to this President wants to continue his us our presence is creating more ter- the President? one-man show in Iraq. That is the only rorists, that we are creating a bigger Mr. President, I ask unanimous con- thing he will sign. The President does target. We have become a recruitment sent for 1 additional minute. not respect the Congress. What is tool for fundraising by al-Qaida out of The PRESIDING OFFICER. Without worse, he does not respect the Amer- Pakistan and Afghanistan. We now objection, it is so ordered. ican people when it comes to Iraq. He know that al-Qaida is using our pres- Mr. KERRY. General Sheehan, a ca- wants to brush us all off like some an- ence in Iraq to raise money and recruit reer military man—these are people noying spot on his jacket. Well, that is jihadists around the world. This policy whose lives are committed to defending wrong, and we won’t be brushed off. is counter to the best security inter- our Nation, whose lives are committed We have lost 3,427 American soldiers ests of our Nation. to the troops, who, when a President in Iraq. Of those, 731—or 21 percent— This vote is a vote about those best would call them, you would think have been from my State of California security interests. We demanded a lit- would be so honored and so unbeliev- or based in my State of California. Mr. tle while ago a strategy of real bench- ably challenged by the moment, they President, 25,549 American soldiers marks. There is not in this supple- would say: Of course, Mr. President, I have been wounded. mental one benchmark that can be en- will do what I need to do for my coun- If you come to my office, on big forced, not one. I don’t disagree with try. But four of them said no. And one boards, I have the names of the Cali- the benchmarks themselves. Yes, we of them was quoted, in saying no: Why fornia dead and they are now blocking

VerDate Aug 31 2005 08:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.121 S24MYPT1 bajohnson on PRODPC74 with SENATE S6692 CONGRESSIONAL RECORD — SENATE May 24, 2007 the doorway, there are so many names, with the resources they need to win the ers. Unfortunately, much of this tax re- and we have to send the charts back for war on terror. Emergency supple- lief has been stripped from the current smaller and smaller print. mentals are not intended to be a version of the supplemental. While Today, after several days of worrying Christmas tree that includes presents some tax relief remains, the lion’s and praying, we received the tragic in the form of every Member’s favorite share of that relief is contained in the news of the death of PVT Joseph pet programs. Unfortunately, the bill Work Opportunity Tax Credit provi- Anzack, Jr., 20 years old, of Torrance, we will be voting on is just that. sions, which, as a practical matter, are CA, who was abducted during a deadly This legislation includes funding for not utilized by small businesses. ambush south of Baghdad almost 2 a number of programs I would support While the bill does continue to con- weeks ago. One member of his platoon, on their own merits. It includes agri- tain important regulatory relief provi- SPC Daniel Seitz, summed it up this cultural disaster assistance for our Na- sions, such as compliance assistance way to the Associated Press: tion’s ranchers who have suffered for small businesses, and a small busi- It just angers me that it’s just another through years of drought. Many of ness childcare grant authorization, the friend I’ve got to lose and deal with, because those are in Wyoming. It includes fund- tax relief this body overwhelmingly de- I’ve already lost 13 friends since I’ve been ing for the Secure Rural Schools pro- termined was necessary to help small here, and I don’t know if I can take any more businesses offset the cost of a new Fed- of this. gram. These are both important prior- ities for people in Wyoming, and al- eral minimum wage is no longer con- He should not have to. But with this though I support the programs on their tained in the legislative package, nor bill, he will. merits, I do not support their inclusion were any of us consulted. I cannot sup- The first half of this year has already port legislation that dramatically been deadlier than any 6-month period in this emergency war supplemental. This legislation is not intended to raises the Federal minimum wage and since the war began more than 4 long deal with drought relief. It is not in- fails to acknowledge and adequately years ago. In this month alone, 83 U.S. tended to deal with SCHIP. It is not in- offset the impact of such an increase servicemembers have already been tended to deal with wildland fire man- on our small businesses. killed in Iraq. With respect to pensions, last year agement. It is intended to fund our Let me be clear: There are many the Senate Committee on Health, Edu- things in this bill I strongly support— troops. Instead of attaching these unre- cation, Labor, and Pensions worked many provisions I worked side by side lated programs to a must-pass troop with other committees in landmark with my colleagues to fight for, for our funding bill, a fiscally responsible Con- legislation to author the most exten- troops, for our veterans, for their men- gress would examine each of these pro- sive overhaul of pension funding rules tal health, for our farmers, for the vic- grams on their own merits through our in a generation. The Pension Protec- tims of Hurricane Katrina, who so de- regular appropriations process—or else tion Act of 2006 was signed into law in serve our attention—but I must take a we ought to call ourselves irrespon- August 2006, following extensive—ex- stand against this Iraq war and, there- sible. tensive—bipartisan, bicameral negotia- The American people have made fore, I will vote ‘‘no’’ on this emer- tions. Conferees were intent on ensur- clear that we need to be fiscally re- gency spending bill. ing that retirement plans are properly Mr. President, we are not going sponsible. They have made clear they funded and that Americans’ retirement away. You cannot brush us off like do not support spending billions of tax- savings would be there when they need some spot on your jacket because we payers’ dollars with little or no debate. it. are going to be back. Unfortunately, if this legislation One of the fundamental reasons for I yield the floor. passes, that is exactly what we are pension funding reform was to ensure— The PRESIDING OFFICER. The Sen- going to do. to ensure—the solvency of the Pension ator from Wyoming. The war supplemental also touches Benefit Guaranty Corporation and its Mr. ENZI. Mr. President, I rise to ex- on various issues before the Committee ability to guarantee benefits in plans press my concern and deep regret over on Health, Education, Labor, and Pen- that are underfunded. I am very con- the conference report to H.R. 2206, the sions, including minimum wage and cerned that there are provisions in the U.S. Troop Readiness, Veterans’ Care, pensions. Unfortunately, our com- war supplemental that the House lead- Katrina Recovery, and Iraq Appropria- mittee was not consulted on this lan- ership claims are technical corrections tions Act of 2007. guage nor made any part of the discus- to the Pension Protection Act. Any I am extremely disappointed our sions on this supplemental. changes to the Pension Protection Act troops have to continue to pay the The supplemental contains a provi- must be considered by the committees price for our political posturing on this sion that will boost the Federal min- that have jurisdiction, the ones that legislation and the inclusion of funding imum wage from $5.15 to $7.25 an hour. know about all the intricacies and for pet programs in a must-pass mili- I have always believed any increase in interrelationships of the parts that are tary funding bill. the minimum wage must be accom- in there, instead of legislating on an I want to make very clear my strong panied by appropriate relief for those appropriations bill. support for the members of our Armed small business employers who have to Chairman KENNEDY and I sent a let- Forces and the vital work they are absorb those costs. It is a mandate. ter to Senate leadership on Tuesday doing around the world every day. I Small businesses are the proven engine night citing our concerns with the have the greatest admiration for all of for our economy, and they are the House approach. I ask unanimous con- them, for their commitment to pre- greatest source of employment oppor- sent to have printed in the RECORD a serving our freedoms and maintaining tunity for U.S. workers. A raise in the copy of that letter. our national security. They are all true minimum wage is of no value to a There being no objection, the mate- heroes, and they are the ones who are worker without a job or a job seeker rial was ordered to be printed in the doing the heavy lifting and making the without prospects. RECORD, as follows: great sacrifices in our country’s name It was for these very reasons the U.S. SENATE, COMMITTEE ON HEALTH so we might continue to be the land of minimum wage package which passed EDUCATION, LABOR, AND PENSIONS, the Senate, with overwhelming bipar- Washington, DC, May 22, 2007. the free and the home of the brave. Hon. HARRY REID, We are faced with a vote on a bill tisan support—overwhelming bipar- Majority Leader, that our troops need, but the troops are tisan support; I think there were two U.S. Senate, The Capitol, Washington, DC. not the focus of this legislation. This votes in opposition—contained a series Hon. MITCH MCCONNELL, supplemental is yet another example of of provisions designed to provide relief Republican Leader, a Congress whose fiscal house is not in for small businesses. That is how we U.S. Senate, The Capitol, Washington, DC. order. It contains more than $17 billion got it. That was bipartisan. DEAR LEADERS: Last year, we worked with The Senate-passed versions of the other committees to author the most exten- in unrequested items—$17 billion in sive overhaul of pension funding rules in a funding that has nothing to do with the minimum wage legislation contained generation. The Pension Protection Act of war on terror. significant tax relief that was targeted 2006 (PPA) was signed into law in August The intent of this legislation is to to small businesses and industries most 2006, following extensive bipartisan, bi- fund our troops and to provide them likely to employ minimum wage work- cameral negotiations. Conferees were intent

VerDate Aug 31 2005 08:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.124 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6693 on ensuring that retirement plans are prop- I yield the floor. war, after 5 years without account- erly funded, and that Americans’ retirement Mrs. MURRAY. Mr. President, I rise ability, 3,400 of our heroes have died, savings will be there when they need it. This this evening to support the supple- and over 25,000 have been injured. Our law passed the Senate with overwhelming mental appropriations bill we will be support, 93–5. troops are now policing a civil war in We understand that a number of pension considering shortly. Iraq. Billions of taxpayer dollars are provisions originating in the House may be Let me be very clear. I strongly dis- unaccounted for. The reconstruction of included in the emergency war spending bill. agree with the President on our course Iraq is far from complete, and our vet- While moving forward on pensions technical in Iraq. I was one of only 23 Members of erans are facing awful conditions when corrections is a goal that many members the Senate to vote against going to the they return home. share, moving House pension technical cor- war in Iraq, and I am committed to In November, voters asked for an end rections separately on this spending bill from Senate priorities creates a disparity. changing the course, redeploying our to this. They voted for us to stand up, We are very concerned at this disregard for troops, and refocusing our efforts on ask difficult questions, and hold those equal consideration and lack of discussion of fighting the global war on terror. I who make mistakes accountable for Senate priorities and prerogatives. have voted time and again for resolu- them. Democrats heard that call. Retirement security is a cornerstone of the tions and amendments to change direc- Immediately after being sworn in, we HELP Committee’s jurisdiction, and we rec- tion. I believe the President is wrong began to hold hearings. We heard from ognize that immediate technical corrections are needed to the PPA. Bicameral, staff-level to continue on with an open-ended military and foreign affairs experts and meetings are taking place regularly, and we commitment to an Iraqi government called administration officials to tes- are working with the Administration to en- that has repeatedly failed to meet tify—under oath. We began conducting sure that the needed corrections are prompt- deadlines and take responsibility for investigations into prewar intelligence, ly addressed. The HELP Committee has a its own country. I believe the President the waste of taxpayer dollars, and the history of finding common ground on com- is wrong to continue to ignore the treatment of our veterans. Democrats plex legislative challenges, and we are con- warnings of generals, experts, and the began holding vote after vote on Iraq. fident that we will reach consensus on a package soon. We urge you to provide us will of the American people. We forced Republicans to make clear with the opportunity to bring a finished pen- But I also believe the President is to Americans where they stood on the sion technical package to the floor in a time- wrong when, in his stubborn refusal to war: Are they for escalation or rede- ly fashion in order to give our colleagues the change, he also withholds money for ployment? Are they for allowing Iraqis chance to have their priorities considered. our troops whom he has sent into to continue to shirk their responsi- Sincerely, harm’s way. The President did just bility or for forcing them to stand up? EDWARD M. KENNEDY, that on May 1 when he vetoed a con- In January, President Bush ignored Chairman. gressionally approved supplemental calls from Congress to follow the Iraq MICHAEL B. ENZI, Ranking Member. that provided $4 billion more than he Study Group recommendations. In- asked for for our troops. When the stead, he escalated our troops in Iraq. Mr. ENZI. Retirement security is a President vetoed that bill, he was the Congressional Republicans refused to cornerstone of the HELP Committee’s one who denied our troops the re- criticize the escalation and stood by jurisdiction. I recognize that technical sources, equipment, and funding they the President and attacked anyone who corrections are needed to the over 900 need to do their jobs safely. The Presi- spoke out against that surge. pages of the Pension Protection Act. dent was wrong, but he hasn’t changed But congressional Democrats stood Bicameral, staff-level meetings are his mind. He and the majority of Re- strong. We upheld our constitutional taking place at this very time, and we publicans in Congress are blocking duties and what Americans put us in are working with the administration to office for—conducting oversight and assure that the needed corrections are funding for our troops. As we head into this Memorial Day, I holding the administration account- promptly addressed. With the huge bi- will vote for this supplemental because able for its actions. This trend contin- partisan, bicameral support that had the President has blocked this funding before, there should be no difficulty ued for months, and eventually, though for too long, and I will vote for this with that, and people have been work- slowly, some of my Republican col- supplemental because Democrats in ing on it since the very time that we leagues began separating from the Congress have changed our course. passed it. House leadership, by cherry- President and siding with us and the picking certain technical corrections With this bill, we have taken a respon- American people. After months of this, intended for certain special interest sible path forward, in spite of the Democrats overcame Republican oppo- groups, is not the way to legislate, and President, on many of our Nation’s sition and passed a bill with redeploy- I would contend that they are not tech- most pressing issues. ment provisions. We sent that bill, This bill, for the first time, funds the nical corrections. based on the advice from the Iraq Chairman KENNEDY and I, together needs of our veterans and wounded Study Group and military leaders and with Chairman BAUCUS and Senator warriors who have sacrificed for all of supported by 64 percent of Americans, GRASSLEY, have worked extremely well us and whose needs the President has to the President. We hoped he would on making sure that everyone has a refused to acknowledge as the cost of read that bill. We hoped he would real- voice at the table and that the process war. This bill makes our homeland ize it was the best way forward in Iraq. is transparent. more secure by investing critical funds But he didn’t, and he vetoed it. Generally, these provisions undo, in a in our ports and our borders, and this Now, finally, after months of blindly piecemeal fashion, what was accom- bill aids the recovery of hard-hit com- following the President, more and more plished in the Pension Protection Act munities across the country and in the of our colleagues on the other side are as far as strengthening funding re- gulf coast where families have contin- beginning to stand up to the President, quirements. It permits some plans to ued to suffer due to neglect from this demanding benchmarks and a timeline choose to have reduced funding obliga- administration. In just 5 short months, for change in Iraq. tions and reduced pension benefit guar- Democrats have provided a new com- It is clear that despite a slim major- antee premiums. In fact, it means that mitment to the American people, a new ity in the House and only a one-vote the Pension Benefit Guaranty Corpora- direction in Iraq, and we are going to margin in the Senate, Democratic ef- tion must refund some premiums to continue on this new path to change. forts are working. Today is further evi- some employers. From the start of the war in Iraq, the dence of that. Again, I want to provide our troops Republican Congress allowed President The bill we pass tonight will not be with the funding and the resources Bush a free hand. They held few over- perfect. It doesn’t go nearly as far as they need to be successful in all their sight hearings. They demanded no ac- many of us would like. We, along with tasks. Unfortunately, this conference countability. There were no wide-rang- the American people, have made it does not make our troops the priority ing investigations into this administra- clear what we want—a new direction of congressional business. The men and tion’s endless mistakes. Year after that forces Iraqis to take control of women of our armed services deserve year, they sent the President blank their own country. Unfortunately, the better than this spending bill. The peo- checks in the form of emergency President has said he would veto that ple of the United States deserve better. supplementals. Now, 5 years into this bill.

VerDate Aug 31 2005 08:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.051 S24MYPT1 bajohnson on PRODPC74 with SENATE S6694 CONGRESSIONAL RECORD — SENATE May 24, 2007 So today we have a bill that takes a Mr. CONRAD. Mr. President, I rise Here is the map of the U.S. Drought step forward with our changing course tonight in support of the supplemental. Monitor. They concluded it was the in Iraq. It forces the White House to I opposed the authorization to go to third worst drought in our Nation’s acknowledge the will of the American war in Iraq because I thought it would history, right down the center of our people and the role of Congress, it pres- be a tragic error, and it has proved to country. sures Iraqis to stand up, and, impor- be. Iraq did not attack this country; al- As you can see in this picture taken tantly, it funds our troops. The hard Qaida did. Sometimes I think that is near my home in Burleigh County, ND, truth, of course, is that not enough somehow lost in this discussion. It was the corn is supposed to be knee-high by Democrats are here to override a veto. al-Qaida, led by Osama bin Laden, not July 4, but it was just over the edge of We realize that another veto will not Iraq, led by Saddam Hussein, who mas- this man’s boot. I went into a cornfield serve our troops well. They need our terminded the attacks of September 11. that was irrigated. The farmer started funds; they don’t need another White That is a fact. That is a reality. I think shucking the corn, and every other row House delay. So we are moving ahead. it was one of the great mistakes in was empty. I asked him how can that I will say it again: This bill is not all American history that we launched an be? He told me: Senator, this week it I hoped for, but this war is not going to attack on Iraq before ever finishing was 112 degrees one day. We had day be brought to a close in 1 day. It is not business with al-Qaida. after day where it was over 100 degrees. going to be brought to a close with one Now we face a difficult choice. We This led to a devastating series of bill. We will support our troops, and we have 160,000 troops in the field, and I losses. The bankers of my State came will bring an end to the war in Iraq. We believe we must fund those troops until to me and said: If there is not help, 5 to will continue to debate and force votes there is a responsible plan to redeploy 10 percent of our clients are going to be on this war week after week after them. Unfortunately, this President out of business. That is how serious week. Americans will continue to hear has absolutely refused to construct and consequential this is. Without this where the Republicans stand on this such a plan. I believe that leaves us help, thousands of farm and ranch fam- war. with little choice but to fund the ilies will be forced off the land. We face terror threats around the troops in this resolution before us to- This legislation is funded as an emer- gency and doesn’t require offsets from world. We must, and we will, defeat night. them. Unfortunately, the Iraqi civil We also have in this package a mat- other programs. This is a change from war is not making us more secure. We ter of great interest to the people the 2004 agriculture disaster package. Producers will be eligible for assist- do need to refocus our fight back on whom I represent, so I would like to ance for one year only. Assistance pay- the war on terror, and we do need to re- speak for just a moment on a separate ments plus the value of crop sales and build our military. I support a new di- subject; that is, the disaster relief crop insurance cannot exceed 95 per- rection in Iraq so that we can focus on which is contained in this legislation. cent of the expected crop value, so no- the larger security challenges our I introduced a comprehensive dis- body is getting rich. country faces, and they are high. But I aster plan 3 years ago. The Senate has It doesn’t allow producers to receive know we can improve security at supported it, most recently in a vote of multiple benefits for the same loss. So home, that we can track down and 74 to 23 on the Senate floor. The House there is no double-dipping. eliminate terrorists around the world, supported it 2 weeks ago in a vote of Crop assistance eligibility requires a and that we can take care of our serv- over 302 Members in support. Today, it 35-percent loss before there is a dime of icemembers. It is a matter of getting received 348 votes. Now we have an as- assistance, and the payment rate is 42 our priorities straight. Redeploying surance we did not have before—that percent of the established price for in- our troops from Iraq is an important the disaster package will be signed by sured crops. first step toward getting those prior- President Bush. This has been a long, Livestock producers are eligible for ities straight. It is a step the Senate hard fight, but it is critically impor- both a livestock compensation program must take, just as passing this bill to- tant to the people whom I represent. to help offset forage losses and feed night is one. These have been the headlines all costs and a livestock indemnity pro- This bill, however, is about much across my State: gram to help cover death losses. more than just Iraq; it is about taking Crops Lost To Flooding. I thank my colleagues in the Senate care of the best military in the world, Beet Crop Smallest in 10 Years. and the House who have worked tire- both when they are deployed and when Heavy Rain Leads to Crop Diseases. lessly for the last 3 years to help de- they return home. It is about rebuild- Rain Halts Harvest. liver this assistance. It has been bipar- Area Farmers Battle Flooding and Disease. ing here in America, on the gulf coast tisan in the Senate. It has been a long and on family farms from coast to This is the picture which we saw in and hard fight, but it is going to be a coast, and it is about providing hard- my State 2 years ago. I flew over lifeline to thousands of farm and ranch working Americans struggling to care southeastern North Dakota, and it families in my State. This is a bill the for their families with a desperately looked like a giant lake. Over a million President should sign. needed raise. acres were prevented from even being I thank the Chair and yield the floor. I am not satisfied with the Iraq lan- planted. Another million acres had tre- The PRESIDING OFFICER. The Sen- guage in this bill. I disagree with Sen- mendous losses in production. ator from Alabama is recognized. ator WARNER’s language. I voted Then, irony of ironies, last year we Mr. SESSIONS. Mr. President, I am against it last week. But I am proud of had one of the worst droughts in our glad this long and unfortunate political what we were able to accomplish in Nation’s history—by scientific meas- process has apparently come to an end, this bill—in particular, taking care of urement, the third worst drought in so we can now provide the funding for the troops, which this bill does. It in- American history—and the Dakotas our troops that has been needed for cludes billions more than the President were the epicenter of that drought. some time. The failure to do so has cre- requested to train and equip and take Mr. President, it got very little at- ated uncertainty and ambiguity and care of our fighting men and women tention. It wasn’t like Hurricanes has, I believe, undermined our policies and to make sure we care for them Katrina and Rita, which were disasters in Iraq in a number of different ways. when they come home. that were immediately evident, and Historically, politics have stopped at So tonight, when we vote, I will cast which received enormous national the water’s edge. That was a cardinal my vote as a yes—not for the Warner media attention. This was a slow-devel- rule of American foreign policy that language, not for the language on Iraq, oping tragedy but a tragedy nonethe- you might agree with or not, but you but to make sure that those men and less. The Dakotas were right at the would not criticize fundamental deci- women whom we have sent to battle, heart of it—North Dakota and South sions made by the United States while despite how I feel, have the care and Dakota. It was rated as an exceptional things are ongoing in various places in support they need. drought—not extreme or severe or the world and, certainly, you would not Mr. President, I yield the floor. moderate, which are the other meas- take steps and actions that would un- The PRESIDING OFFICER. The Sen- urements, but an exceptional drought. dermine our troops in combat some- ator from North Dakota. Exceptional it was. place in the world.

VerDate Aug 31 2005 08:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.128 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6695 Vigorous debate is absolutely a part people who have different views of how levels sustained in what would be con- of who we are as a Nation. A lot of peo- this ought to occur. I will say again sidered an occupation or a stand-in for ple who have been critical of our war that real support of the soldiers in the democratically elected Govern- efforts in Iraq have made suggestions harm’s way means we affirm them and ment of Iraq. That Government has to that have been good. A number of their their mission as long as we fund their stand up and assume greater and great- criticisms have been correct, and it is mission, as long as we order them er responsibility. I do hope and pray certainly welcome and a part of our there. You may say we didn’t order that they will because it is exceedingly heritage that we would have that kind them there, but we did order them important that they do. of debate. I don’t mean to suggest oth- there. We have funded them to stay I yield the floor. erwise. But the delays we have been there, according to the President’s tac- Mrs. MURRAY. Mr. President, I seeing now in actually providing the tical decision. But we authorized him think it is important that, in response funding necessary for our military men to do so, and we can end that author- to the comments of my friend Senator and women in harm’s way has been too ization as we choose. ENZI, I set the record straight for the long. I believe it has had a tendency to But the truth is, we have invested a Senate and the American people re- embolden our enemies and raise ques- tremendous amount in Iraq. General garding the practice of including tions in the minds of our own soldiers. Petraeus—what a fabulous general he unrequested emergency funding in war So as I have said a number of times is—told us the truth, I believe. The supplementals. on the floor of the Senate, those sol- truth is it is hard, but it is not impos- The emergency supplemental bills diers in Iraq and Afghanistan today are sible. He also has said what we are approved by Republican Congresses in there for one reason, and that is be- doing there is important. It is impor- 2003, 2004, 2005, and 2006 included emer- cause we sent them. They are doing tant that a stable, decent government gency funding for many of the same tough, hot, demanding, dangerous be maintained in Iraq. That is not a lit- issues that are in the emergency sup- work. I have been there six times. I tle thing; it is a very important thing. plemental, such as: agriculture disaster have to tell you, I have never been The soldiers who have been there—the assistance—fiscal year 2006 war supple- more impressed. They don’t complain. soldiers who serve—would be, indeed, mental—$500 million; border security— They do their work with profes- in pain and be hurt if we prematurely fiscal year 2006 war supplemental—$1.9 sionalism. They care about what they give up on what they have sacrificed to billion; pandemic flu—fiscal year 2006 are doing. They believe in what they achieve and what so many of them war supplemental—$2.3 billion; are doing. They want to succeed, and I truly believe in, if you talk to them. wildland fire suppression—fiscal year I have to tell you that the surge of tell you that with every fiber in my 2005 Defense Appropriations Act, which troops into Iraq was a bitter pill to me. being. It is their desire to help the carried $25.8 billion war supplemental— I remember distinctly when General country of Iraq achieve stability and $500 million; airline security—fiscal Casey said in late 2005 he believed we progress. year 2003 war supplemental—$2.396 bil- could start bringing home troops in They are executing lawful policies of lion; and fisheries assistance—fiscal 2006. That was absolutely music to my the U.S. Government. That includes year 2006 war supplemental—$112 mil- ears and what I wanted to hear. Then the Congress—the House and Senate— lion. he said he had to delay the troops com- as well as the President of the United The White House has complained ing home because the sophisticated, States. We have, through lawful proc- about Democrats including agricul- sustained effort by al-Qaida to attack tural disaster assistance in the war esses, deployed them to execute poli- Shia individuals in holy places had cre- supplemental. Not only did the Repub- cies that we have decided on. This Con- ated a reaction by Shia, with the for- lican Congress approve a targeted agri- gress, of course, has the power to bring mation of a Shia militia, and they were culture disaster package in 2006, but them home at any moment that we de- killing Sunni individuals and that there is also precedent for including as- sire. I think people are wrestling with broke out into a spate of violence in sistance to a sector in the economy that. Some think they should come Baghdad, the capital city, the central that has been hard hit by a disaster. In home now. Some think that is not the focus of Iraq, and that was extremely 2003, Congress approved $515 million of appropriate decision. The President be- unfortunate. relief for the aviation industry. lieves that is not the appropriate deci- So my thinking is this: Benchmarks The White House has also complained sion. We have accepted and have fun- for the Iraqi Government—if we write about Democrats including other mat- damentally affirmed the surge that has that correctly and don’t do it in a way ter in a war supplemental, such as the sent additional troops there. They are that is unwise and counterproductive, minimum wage increase. there to execute our mission. That is as I believe this language is, at least it Yet under Republican control, war all I wish to say. They are there to exe- would be language the President can supplemental laws included such unre- cute our mission. accept, and I would be prepared to ac- lated matters as the REAL ID Act, fis- I talked to a mother not long ago cept the demand that they do certain cal year 2005, a temporary worker pro- whose son was killed in Iraq. She told things. That is all right with me. Our gram, fiscal year 2005, and budget proc- me her son told her he believed in what commitment is not open-ended. We ess provisions, fiscal year 2006. he was doing. He told me when they cannot continue to try to lift a govern- So I am glad to have the opportunity went into neighborhoods, the women ment that cannot function effectively. to clarify for my colleagues the real and children were glad they were there. We want them to function. We want record when it comes to meeting the They wanted them in the neighbor- them to have a healthy, prosperous needs of the American people in emer- hoods. That is all I am telling you. You government. There are some good gency supplemental appropriation can read what you want to in the news- things that have happened—really and bills. paper. But because it brought a sense truly, there have been good things. But Mr. KENNEDY. Mr. President, while of security there, they wanted them there are very difficult things also that there are many aspects of this con- there. I know there are limits to our are not going well. This is a challenge ference report that I cannot support, I ability to achieve what we would like to the Iraqi Government. am pleased that it will finally allow us to achieve, no matter what we would I truly hope the benchmarks and lan- to get a minimum wage bill to the like to achieve; I know we are not un- guage in this funding resolution will be President’s desk. The minimum wage limited in our ability to achieve it. We such that it will be a positive spur to has been stuck at $5.15 an hour for have to be realistic, and we cannot the Iraqi Government to confront their more than 10 years, but now—finally commit a single soldier to an effort a reconciliation difficulties, spur them Americans across the country will get single day longer than we conclude is to reach agreements on other constitu- the raise they need and deserve. For an appropriate thing for them to be tional questions that are critical, and the millions of working families who doing. If we think it is not justified and be an effective step in helping that will benefit, this increase may be long worthwhile, we need to bring them Government stand up and assume re- overdue, but it is nonetheless some- home. I certainly agree with that. sponsibility for its own fate. thing to celebrate. This is a serious discussion we have I have to say I am not comfortable Mr. President, 13 million Americans been having, and I don’t dispute the and am indeed uneasy with high troop will see more money in their paychecks

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.129 S24MYPT1 bajohnson on PRODPC74 with SENATE S6696 CONGRESSIONAL RECORD — SENATE May 24, 2007 for the first time in a decade. They will Mr. COLEMAN. Mr. President, due to taken its place. Instead of establishing have a few more dollars to spend on the a family medical emergency, I am re- realistic timetables, this supplemental essentials of life, or maybe they will turning to Minnesota this evening and does one thing only: It delays for 4 have a few more hours to spare to will be unable to cast my vote in favor months, until funding runs out again, spend time with their families; 6 mil- of the supplemental appropriations the decision we all know is coming: ul- lion children will have better food, bet- bill. I believe the Senate is taking re- timately, combat troops will be rede- ter health, and better opportunities for sponsible action by passing critical ployed from Iraq. This bill allows 4 the future. funding for the troops without attach- more months of reckless endangerment I deeply regret that this vital in- ing it to arbitrary timelines for with- of our troops and our national security. crease was so long in coming. The min- drawal. Moreover, this bill contains A Senator shouldn’t talk like that, imum wage bill passed the House and critical agricultural disaster assistance some will say. I will be told I am de- Senate by overwhelming margins in funding that I have been fighting to de- claring surrender right here on the January and February of this year. Had liver for Minnesota’s farmers for over a Senate floor. Those are the words that we been able to send that bill to the year. Had I been present, I would have will come from the other side of the President’s desk right away, the first voted ‘‘aye’’ on the supplemental. aisle, big, grand words—surrender, tri- phase of the raise would already be in Mr. DODD. Mr. President, I rise umph, defeat, victory—words that will effect. today to announce that I am voting blur and swirl together until they lose Unfortunately, my colleagues on the against the Iraq war supplemental. I all mooring in reality. The President’s other side of the aisle would not let wish I didn’t have to. I wish that I supporters want to paint us a picture of that happen. They prevented the min- looked at Iraq and saw a stable, united a world in which we line up on a field imum wage bill from going to con- government, a society free of terrorists of battle, the terrorists on one side and ference until they could make sure it and insurgents, and liberal democracy America on the other, and fight included a big enough tax giveaway for around the corner, if only we spent an- pitched warfare until one side waves businesses. That is why were here talk- other billion dollars, or a hundred the white flag. ing about it today. We had to put in on lives, or another year of waiting. I wish But Iraq does not exist in that world. a bill they couldn’t block to get it to that our surge had, at long last, General Petraeus tells us that there the President’s desk. brought quiet to the tortured city of will be no military solution; so does We have overcome many obstacles— Baghdad. I wish that our President’s the Iraq Study Group. Senator HAGEL, and faced every procedural trick in the policies were working. a war hero and member of the Foreign book—to get this minimum wage in- I wish that I could look at Iraq and Relations Committee, tells us that crease across the finish line. Demo- say, with a clear voice and a clean con- ‘‘there will be no victory or defeat in crats stood together, and stood firm, to science: I share our President’s con- Iraq . . . Iraq belongs to the 25 million say that no one who works hard for a fidence. Iraqis who live there . . . Iraq is not a living should have to live in poverty. I wish; and even as I wish, the truth prize to be won or lost.’’ But we didn’t do it alone. The pas- tells me otherwise. It tells me that So I am not conceding defeat in sage of the minimum wage is not mere- 3,415 men and women in uniform have Iraq—because there is no defeat to be conceded. There is only the hope that ly a legislative victory—it’s a victory already sacrificed everything in Iraq, Sunni, Shia, and Kurd will reconcile in for the American people. with no end in sight. It tells me that government, call off their militias and After years of delay and inexcusable our military is being hollowed out by death squads, and turn against the for- inaction by Congress, the American the Iraq experience, that two-thirds of eign terrorists who have helped to people took this fight into their own our Army in the United States and 88 spark this civil war. Our combat pres- hands. They started a grassroots move- percent of our National Guard are ence in Iraq cannot make that hope ment that spread across the Nation forced to report: Not ready for duty, real. We can, and must, continue to as- like wildfire. They pounded the pave- sir. It tells me that the American peo- sist the Iraqis in trying to reach these ments. They prayed in their pews. ple demand an end to this war, and goals—but we cannot do it with mili- They refused to take no for an answer. that the Iraqi people—for whose sake tary might alone. In the end, the chal- We are here today because of their ef- we toppled a dictator and established lenges in Iraq can only be addressed forts, and they deserve the gratitude of elections, precisely so we could hear through political means. our Nation. their voice—demand the same. We are told, again and again, that we The minimum wage is one of the I look at this bill and I don’t see the are failing to ‘‘support the troops’’— great achievements of our proud de- truth in it. It exists in a world in which support that is subject to only the va- mocracy. It is a reflection of our val- the President’s plans are all meeting guest of measurements: ‘‘messages’’ ues, and a cornerstone of the American their mark. It gives us a status-quo and ‘‘signals’’ and ‘‘resolve.’’ dream. It is about the kind of country strategy that has failed and failed We answer with fact. We answer with we want to be. again. It writes the President a blank young lives lost and dollars squan- Americans want to live in a country check. dered. We answer with the wisdom of where everyone has opportunity and I had hoped that this supplemental James Baker and Lee Hamilton. We the chance to succeed. Where anyone would have passed with strong time- ask how any conceivable definition of who works hard and plays by the rules tables for withdrawal, a unambiguous ‘‘support’’ would leave our troops can build a better life for their family. line in the sand. A responsible supple- stranded in a civil war of strangers, Where there is no permanent mental would have established defini- with no mission or end in sight. And we underclass, and everyone has hope for a tive guidance for the President to tran- say, unequivocally, that the only way brighter future. When the President sition the mission of our forces away to support our troops is to bring them signs a minimum wage increase into from combat operations. It would have home—now. law, we will be one step closer to that defined that mission clearly as In fact, from the very outset of this noble goal. counter-terrorism, training of Iraqi war, it has been the President’s defense Certainly, the increase we have forces, and American force protection. policies that have hollowed out our passed today is only the first of many It would have required a diplomatic Armed Forces and further threatened steps we must take to address the prob- and economic strategy in Iraq. And it our national security. To reverse this lems of poverty and inequality in our would have held both the President and negligence, Democrats have taken con- society. There is no doubt that we need the Iraqi Government accountable. The crete action for our troops, again and to do much, much more. But it’s im- Feingold-Reid-Dodd bill contained just again. portant to take a moment today to cel- such timetables, and mandated a re- In 2003, I offered an amendment to ebrate this victory. Raising the min- sponsible transition in mission, all the emergency supplemental appro- imum wage will add dignity to the backed by Congress’s constitutional priations bill to add $322 million for lives of millions of working families. It power of the purse. critical protective gear identified by is one of the proudest achievements of But I cannot, in good conscience, the Army, which the Bush administra- this new Congress. support the half-measure that has tion had failed to include in its budget.

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.092 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6697 But it was blocked by the administra- war. Every Senator—for or against this litical system, ‘‘infantilizing’’ Iraq pol- tion and its allies. military adventure—must take a stand itics, to use his phrase. He notes that In 2004 and 2005, I authored legisla- on whether to continue the status quo Iraqi politicians are far more capable tion, signed into law, to reimburse or change course. That, at the end of of making deals and reaching com- troops for equipment they had to pur- the day, is what this vote represents. promise than we think, but that our chase on their own, because the Rums- Congress had a workable and I be- troop presence allows them to play feld Pentagon failed to provide them lieve widely acceptable plan in the hardball with each other. ‘‘Were we to with the body armor and other gear original version of this supplemental leave,’’ Mr. Stewart says, ‘‘they would they needed to stay alive. bill. Taking a page from the Iraq Study be weaker and under more pressure to And last year, working with Senators Group recommendations, the plan was compromise.’’ INOUYE, REED, and STEVENS, I offered to end the military mission in Iraq as As I have said, there are many as- an amendment to help address a $17 bil- we currently know it. We would reduce pects of this supplemental that I sup- lion budget shortfall to replace and re- American forces to the contingent nec- port. We have, for example, included $1 pair thousands of war-battered tanks, essary for limited Iraqi troop training, billion in unrequested funding to help aircraft, and vehicles. This provision counterterrorism operations, and pro- rebuild our National Guard, which is was approved unanimously and enacted tecting remaining American personnel. suffering from dangerously low equip- in law. I and others joined with Senator ment stocks because so much of the That is support—support that can be FEINGOLD in an effort to strengthen Guard’s equipment has been sent to measured, support that carries a cost that position by ensuring that no fund- Iraq. We have funded the Marla beyond words. ing could go toward deployment, be- Ruzicka Fund to aid innocent Iraqi ci- And it is support that will continue, yond those narrow purposes. About a vilians who have suffered casualties, even if this supplemental fails, as it month ago, we all saw the President and a similar program to aid civilian should. The Defense Department has veto the supplemental bill. Then last victims of war in Afghanistan. There is ample funds to maintain our combat week, the President muscled his con- other funding for refugees and humani- troops in Iraq until they can be with- gressional allies to vote against the tarian assistance in Africa and the drawn responsibly. The failure of this stronger Feingold-Reid-Leahy provi- Middle East, as well as for Kosovo. I bill will not turn funds off like a spig- sion. am gratified that we have been able to ot—the military simply does not work So what we are left with is this new include funding for elections in Nepal, like that. Instead, our troops are sup- version of the supplemental—the sta- to support reintegration of former ported by the more than $150 billion in tus quo, more of the same old stay the combatants in northern Uganda, and to the Pentagon’s regular operations and course. The reality is that this new begin the clean up of dioxin-contami- maintenance account—and in the conference report does nothing to stop nated sites in Vietnam and for health meantime, we might negotiate with the President’s open-ended escalation. programs in nearby communities. the President for a responsible draw- It will not force the Iraqis to make the These are just a few of the things down of combat troops. Any implica- difficult political compromises which carried over from the original, vetoed tion that we are stranding our soldiers they need to make. Nor will it begin a version of the bill that I support and in the desert—without fuel or bullets redeployment of American forces. The for which I have worked hard. I thank or rations—is totally specious. final legislation drops the mandatory Senator GREGG, the ranking member of And it follows that the President’s timetable for planning and com- the State, Foreign Operations Sub- Memorial Day deadline is totally arbi- mencing redeployment with a targeted committee, and our counterparts in the trary. The lives of our troops are more completion date. Beyond some report- House, Chairwoman LOWEY and Rank- important than the President’s vaca- ing requirements, there is no limita- ing Member WOLF, for working to- tion schedule. Why should he set tion on troop levels. gether in a bipartisan way to allocate timelines for Democrats but not for What the legislation does do is limit the foreign assistance funding in this Iraqis? our aid to the Iraqi government if ac- bill. Instead, let us vote down this bill and tions toward reconciliation are not Yet there is a central fact that we then join President Bush at the table, taken, although the President may must meet head on. This war has been with the dignity befitting an equal waive these limitations. a costly disaster for our country. Our branch of government, and the author- I agree that we should tie our aid to ability to fight terrorism, pursue our ity vested in us by the American people the Iraqi government to clear bench- larger national security and foreign and our Constitution. Let us bring this marks. But that alone is not sufficient. policy goals, and secure the welfare of disastrous war to a responsible end. The reality is that despite spending every American has been diminished And after 4 years of failed policy, let hundreds of billions of dollars in Iraq, because of it. Thousands of our troops our voice be loud and unmistakeable: the violence has increased. We all have lost their lives or suffered griev- This far, and no further. know that the trends are going in the ous, life-altering injuries. Tens of thou- Mr. LEAHY. Mr. President, I will wrong direction. This piecemeal ap- sands—and possibly hundreds of thou- vote against the fiscal year 2007 emer- proach assures that our troops will re- sands—of innocent Iraqis have lost gency supplemental conference report. main in the middle of harm’s way for their lives. We have opened a gaping Although there are many sound and the foreseeable future. wound in the Middle East and severely worthy provisions in this bill—such as And when it comes to changing the damaged our image and our influence. assistance for Afghanistan and other dynamic in Iraq, it is troop levels that This war has been a foreign policy fail- countries, and additional funds not re- matter. The introduction of more ure of epic proportions. quested by the administration to help forces through this open-ended esca- It is time to bring our troops home. address the backlog of equipment for lation that the President calls the It is time to show the Iraqi people that the National Guard—the inescapable surge is sending the wrong signal to they cannot expect us to make these fact is that this legislation would not the Iraqis and to countries in the re- sacrifices if they won’t make the hard reverse this administration’s disas- gion that have interests there. It says decisions that are spread before them. I trous Iraq policy. I simply cannot vote they do not have to make the tough de- regret that this legislation in favor of a bill, containing tens of bil- cisions because the American forces whitewashes what was a reasonable, lions of additional dollars for the are there to do the dirty work, to spill good faith effort to bring real pressure President’s policy in Iraq, that does their blood and to contain sectarian to bear in Baghdad and beyond. I can- not begin to bring our troops home. militias or deal with unwelcome for- not in good conscious vote for it. As one of the 23 Senators who op- eign fighters. DEFENSE SUBCOMMITTEE FUNDING posed authorizing this war, I believe it Rory Stewart, a perspicacious ob- Mr. INOUYE. Mr. President, the Sen- is vital that we send a strong signal server with hands-on experience in ate is about to act on H.R. 2206, the that Congress is going to exercise its Iraq, rightly pointed out in a recent emergency supplemental appropria- article I constitutional powers and end public forum that our presence there is tions bill for fiscal year 2007, which will our central involvement in Iraq’s civil fundamentally undermining Iraq’s po- fully fund the needs of our men and

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.131 S24MYPT1 bajohnson on PRODPC74 with SENATE S6698 CONGRESSIONAL RECORD — SENATE May 24, 2007 women in uniform. The process that we committee reviewed many matters be- knew was nothing more than a polit- have used to reach this point has been fore it prepared Senate Report 110–37 ical stunt, one that was dead before ar- somewhat different from our normal regarding the supplemental appropria- rival to the President. Instead of put- course of business. As such, I wanted to tions request before the Senate. In put- ting our country first and providing engage my cochairman of the Defense ting together H.R. 2206, our intent was the troops with full funding as expedi- Subcommittee, the Senator for Alaska, to continue the guidance that the Sen- tiously as possible, we let partisan pol- in a colloquy on the defense portion of ate included in its report. In addition, itics rule the day. While some may be- this bill. The bill before the Senate is we have concurred in the guidance of lieve that they scored political points not accompanied by the customary re- House Report 110–60 except in those by forcing meaningless procedural port because of the way the process un- areas specifically noted in the joint ex- votes, I would ask them to reflect for a folded. However, it is also true that for planatory statement which accom- moment. What gain inheres in playing matters involving the allocation of panied H.R. 1591. partisan politics with the lives of our funding and direction for those matters Mr. INOUYE. I thank my friend. honorable warriors and their families? under the jurisdiction of the Defense Then would you agree with me that it How can we possibly find honor in Subcommittee, the bill closely mirrors is our intent that the Defense Depart- using the fate of our servicemen to the conference report to accompany ment should adhere to the guidance score political advantage in Wash- H.R. 1591 as printed in House Report under the conditions which you and I ington? There is no pride to be had in 110–107 that the Senate passed on April have described above? such efforts. We are at war, a hard and 26, 2007. Would my friend from Alaska Mr. STEVENS. I say to my friend I challenging war, and we do no service agree that in terms of funding, the bill agree with his assertion. I share his for the best of us—those who fight and is nearly identical to that which the view that the Department of Defense risk all on our behalf—by playing poli- Senate previously approved? should use the two committee reports tics with their service. Mr. STEVENS. I say to my friend and the joint explanatory statement of So now, nearly 4 months after the from Hawaii that it is my under- the committee of conference accom- supplemental funding request was sub- standing that the Senator is correct. I panying H.R. 1591 to discern the will of mitted, here we are, with money lit- am advised that the funding in this bill Congress in respect to this bill H.R. erally running out to fund this war. We for Defense Subcommittee matters is 2206. are about to pass a bill that while bet- identical to that agreed to by the Sen- Mr. INOUYE. I appreciate the com- ter than the last version, still contains ate on April 26, 2007, except in three ments of my friend, the Senator from billions of dollars that have nothing to areas. The increase in this bill for the Alaska, and concur. It is our view and do with the war on terror. We can do Defense Health program is nearly $1.876 intent that the Defense Department better than this. The American tax- billion while the previous bill would shall adhere to the funding allocation payers deserve and expect more. have increased the health program by and comply with the guidance in the As my colleagues know, I have been $2.126 billion. In addition, this bill has above described reports in interpreting meeting with citizens across the coun- reduced funding for the Defense Work- the will of the Congress with respect to try, and let me assure you, they are ing Capital Fund by $200 million and H.R. 2206, except in those few areas not happy with the workings of Con- reduced the initiative for the Strategic which are also described above. I thank gress. There is a reason that the poll Reserve Readiness Fund by $385 mil- the Senator from Alaska for his time results on Congress’s favorability rat- lion. Aside from these changes the and cooperation in this matter. ing are at such lows the latest at 31 funding in this bill is exactly the same Mr. MCCAIN. Mr. President, our serv- percent. It is because of partisan poli- as previously passed. ice men and women on the front lines tics having a greater priority in Wash- Mr. INOUYE. I thank my colleague in the war on terror have been waiting ington than doing the people’s busi- for that clarification. Therefore, I ask too long for the funding this bill pro- ness. It is because we are not making my friend whether he agrees that the vides. Our soldiers, airmen, and ma- the tough choices to halt deficit spend- allocation of funds that the Congress rines need this appropriation to carry ing and fix the out of control entitle- provided for these defense programs as out their vital work, and we should ment programs. It is because we seem described in the joint explanatory have provided it months ago. The Con- to care more about our own reelections statement of the committee of con- gress, which authorized the wars in than about reforming government. ference to accompany H.R. 1591, except Iraq and Afghanistan, has an obliga- This is not the way the American pub- for those three areas that he just speci- tion to give our troops everything they lic wants their elected officials to be- fied, is exactly the intent of this bill need to prevail in their missions. As have. What will it take for that to sink that we are about to pass? such, I will vote for its passage. But I in? Mr. STEVENS. I agree completely do so with deep reservations. The legis- Let me mention some of the with my good friend. The intent of lation we are considering now is the unrequested and unauthorized items those of us who oversee the Defense De- wrong way to fund this war, and it fails contained in this bill: $110 million in partment and the drafting of this bill the most basic tests imposed on us as aid to the shrimp and fisheries indus- was to provide funds as specified in the stewards of taxpayer dollars. tries; $11 million for flood control joint explanatory statement which ac- This emergency supplemental appro- projects in New York and New Jersey; companied H.R. 1591. priations bill contains $120 billion in $37 million to modernize the Farm Mr. INOUYE. Again, I thank my col- funding, approximately $17 billion Service Agency’s computer system; $13 league. If I could make another in- above the President’s request. It is million for the Save America’s Treas- quiry, the Congress also included items filled with billions of dollars in non- ures program; and, $3 billion in agri- in House Report 110–60 and Senate Re- emergency spending that has nothing culture disaster assistance, including port 110–37 which provided guidance to to do with funding the troops. In a $22 million to support the Department the Defense Department on several time of war, with large federal budget of Agriculture in implementing pro- items in this bill. Would the Senator deficits, we should be constraining our grams to provide this un-requested and from Alaska agree with me that the in- Federal expenditures. Sadly, we have unauthorized funding. tent of the chairman and ranking chosen, once again, to do the opposite, There are also several items in this member of the Appropriations Sub- and loaded this bill with billions of dol- bill that seek to legislate on an appro- committee on Defense was that the lars in spending we don’t need, spend- priations bill rather than allowing such guidance in these reports should be ad- ing that was not requested, spending items to move through the regular leg- hered to except in those areas that that will only add to the already exces- islative process. Examples include lan- were altered in this bill or those areas sive size of government. guage that: raises the minimum wage; that were addressed to the contrary in The President submitted his supple- restricts the Department of Transpor- the joint explanatory statement to mental funding request on February 5 tation from implementing the North H.R. 1591? nearly 4 months ago. The Senate fi- American Free Trade Agreement’s, Mr. STEVENS. I concur in the Sen- nally passed a very flawed version of a NAFTA, provisions expanding cross- ator’s assessment. The Defense Sub- bill on March 29 a bill that everyone border trade between Mexico and the

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.058 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6699 United States with the introduction of by the Iraqis, and imposing statutory Expensing under section 179 allows a pilot program that would allow a se- penalties for nonperformance, it would for an immediate 100-percent deduction lect group of Mexican trucking compa- be preferable for the administration to of the cost for most personal property nies to make deliveries into our coun- reach agreement on a series of bench- purchased for use in a business. The try beyond the 25 miles that current marks with the Iraqi government, a bill increases the expensing limit from law permits; extends several tax cred- timeline for implementation, and con- $112,000 to $125,000, and the bill in- its, while setting forth new Internal sequences attached to each. Such an creases the phase-out threshold from Revenue Service definitions and ex- approach would make clear to the $450,000 to $500,000 for 2007. empting some programs from taxation; Iraqis that they must make progress, When small business owners are able and, amends the Food Security Act to but would do so in a way that is spe- to expense equipment, they no longer make adjustments to the Department cific, flexible, and realistic. have to keep depreciation records on of Agriculture’s land and soil conserva- If this bill is to have benchmarks at that equipment. So extending section tion program. all, it should be a benchmark that Con- 179 expensing would ease small busi- Another provision that seeks to leg- gress may not approve any earmark, no ness bookkeeping burdens. islate on this appropriations bill is a matter how valid the cause, without an The bill includes a package of tax in- provision that would end-run the De- authorization, an administration re- centives to help recovery of small busi- fense Base Realignment and Closure, quest or inclusion in the budget. The ness and low-income housing in areas BRAC, process. The 2005 BRAC com- national debt grows $75 million an hour hit by Hurricanes Katrina, Rita, and mission decided to close the Naval Air and $1.3 billion a day. Congress should Wilma. The bill also requires GAO to Station at Willow Grove, Pennsyl- benchmark its spending sprees on zero conduct a study on how State and local vania, and the Department of Navy was debt, but it won’t. This body would governments have allocated and uti- in the process of closing the base in ac- rather set benchmarks for others lized the tax incentives that have been cordance with the law. This bill, how- around the world than take responsi- provided for these areas since 2005. We ever, would transfer the land and facili- bility for its own actions. For these want to make sure that the tax incen- ties to the Air Force even though the reasons, this bill is flawed and irre- Secretary of the Air Force stated on sponsible, but I will vote for it none- tives that Congress provided for hurri- April 12, 2007, that there is not a mili- theless in order to support our brave cane recovery are being properly used, tary need for the land it will be forced men and women fighting for freedom in and we want to make sure that these to receive. This provision was not re- Iraq and Afghanistan. incentives are providing the much- quested by the administration, is not Mr. BAUCUS. Mr. President, the tax needed help for which they were cre- an emergency, and is not a responsible provisions included in this bill would ated. way to legislate. It was not reviewed or help small businesses to succeed. These Tips received by restaurant employ- debated in any committee, and the provisions would spur investment and ees are treated as wages for purposes of committee of jurisdiction has had no thus create jobs. They would provide Social Security taxes. As such, employ- say in the matter. Yet the American greater opportunity for workers look- ers must pay Social Security taxes on people will now be forced to continue ing for a job. They all enjoy strong sup- tips received by their employees. These to pay for the maintenance of this un- port. employers receive a business tax credit wanted land when the Air Force re- The bill helps businesses to provide for taxes paid on tip income in excess ceives it. jobs for workers who have experienced of the Federal minimum wage rate. Despite these unacceptable earmarks barriers to entering the workforce by The bill would prevent a decrease in and legislative language, I am pleased extending and expanding the Work Op- the amount of this business tax credit that this bill does not contain a portunity Tax Credit, or WOTC. that restaurant owners may claim de- timeline for the withdrawal of Amer- WOTC encourages businesses to hire spite an increase in the Federal min- ican troops from Iraq, regardless of the workers who might not otherwise find imum wage. conditions there. Such a mandate work. WOTC allows employers a tax Currently, if a small business jointly would have had grave consequences for credit for wages that they pay to eco- owned by a married couple files taxes the future of Iraq and the security of nomically disadvantaged employees. as a sole proprietorship, only the filing Americans. The President was right to WOTC has been remarkably successful. spouse receives credit for paying Social veto the first iteration of this legisla- By reducing expenditures on public as- Security and Medicare taxes. Further- tion. sistance, WOTC is highly cost-effec- more, unless the married couple is lo- I do have concerns, however, with the tive. The business community is highly cated in a community property State, way in which this measure conditions supportive of these credits. Industries both the married couple and the busi- aid to the Iraqi Government by requir- like retail and restaurants that hire ness are subject to penalties for failing ing the government to meet bench- many low-skill workers find it espe- to file as a partnership. marks. Although I support benchmarks cially useful. The bill would allow an unincor- for the Iraqi Government, and I believe The bill would extend WOTC for more porated business that is jointly owned that we should encourage the Iraqi than 3 years, and the bill would in- by a married couple in a common law government to move ahead as rapidly crease and expand the credit for em- State to file as a sole proprietorship as possible on a number of fronts, some ployers who hire disabled veterans. The without penalty. The bill would also of the benchmarks contained in this bill would also expand the credit to ensure that both spouses receive credit bill are beyond the control of the Iraqi make it available to employers who for paying Social Security and Medi- leadership. One of the benchmarks, for hire people in counties that have suf- care taxes. example, mandates that there will be fered significant population losses. no safe haven for ‘‘any outlaws.’’ This To carry out day-to-day activities, Current law limits a small business’ should of course be an aspiration, but if small business owners are often re- ability to claim WOTC and the tip terrorists or insurgents hang on and quired to invest significant amounts of credit by imposing a limitation that hole up in Baghdad, should this con- money in depreciable property, such as such credits cannot be used to offset stitute a reason why the United States machinery. The bill would help busi- taxes that would be imposed under the withholds economic aid to the govern- ness owners to afford these large pur- alternative minimum tax, or AMT. The ment? Similarly, another benchmark chases for their businesses. To do so, bill would provide a permanent waiver requires the Iraqi Government to re- the bill would extend for another year for WOTC and the tip credit and would duce the level of sectarian violence. expensing under section 179 of the In- allow WOTC and the tip credit to be But if sectarian violence does not de- ternal Revenue Code. taken under AMT. cline as rapidly as we would like, does New equipment and property are nec- The bill would help small businesses this suggest that the answer is to cut essary to successfully operate a busi- by modifying S corporation rules. off reconstruction aid? It’s not at all ness. But large business purchases gen- These modifications reduce the effect clear to me that it does. erally require depreciation across a of what some call the ‘‘sting tax.’’ I believe that, instead of legislating a number of years, and depreciation re- These modifications would improve the list of benchmarks that must be met quires additional bookkeeping. viability of community banks.

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Therefore, $900,000,000 is provided And we have also paid for it. for access, treatment and research for Trau- The Secretary of Defense shall provide a The offsets include a proposal to dis- matic Brain Injury (TBI) and Post-Trau- report to the congressional defense commit- courage the practice of transferring in- matic Stress Disorder (PTSD). Of the tees within 30 days after the date of enact- vestments to one’s child for the pur- amount provided, $600,000,000 is for operation ment of this legislation on the allocation of pose of avoiding higher tax rates. and maintenance and $300,000,000 is for re- the funds within the accounts listed in this search, development, test and evaluation to The offsets also include proposals to Act. The Secretary shall submit updated re- conduct peer reviewed research. improve tax administration. ports 30 days after the end of each fiscal By increasing funding for TBI and PTSD, The offsets would allow the IRS more quarter until funds listed in this Act are no the Defense Department will now have sig- time to notify the taxpayer about a de- longer available for obligation. These reports nificant resources to dramatically improve ficiency before it must stop charging shall include: a detailed accounting of obli- screening for risk factors, diagnosis, treat- gations and expenditures of appropriations interest and penalties. The offsets in- ment, counseling, research, facilities and provided in this Act by program and sub- clude making permanent the fees that equipment to prevent or treat these ill- activity group for the continuation of the the IRS is authorized to charge for pri- nesses. war in Iraq and Afghanistan; and a listing of vate letter rulings and other forms of equipment procured using funds provided in To ensure that patients receive the best guidance. this Act. In order to meet unanticipated re- care available, the Department shall develop The offsets also enhance penalties quirements, the Department of Defense may plans for the allocation of funds for TBI and that the IRS may impose when tax- need to transfer funds within these appro- PTSD by reviewing the possibility of con- payers and preparers do not comply priations accounts for purposes other than ducting research on: therapeutic drugs and with the law. The offsets would also those specified. The Department of Defense medications that ‘‘harden’’ the brain; and, testing and treatment for tinnitus which im- prohibit employers from using the col- shall follow normal prior approval re- programming procedures should it be nec- pacts 49 percent of blast victims. The De- lection due process to delay or prevent partment also should consider in its plan- the IRS from collecting delinquent essary to transfer funding between different appropriations accounts in this Act. ning the establishment of brain functioning trust fund employment taxes. base lines prior to deployment and the con- CLASSIFIED PROGRAMS The hard-working American tax- tinued measurement of concussive injuries payers whom we are trying to help in Recommended adjustments to classified in theater. this bill should not have to pay more in programs are addressed in a classified annex. If the Secretary of Defense determines that taxes because some taxpayers are abus- OPERATION AND MAINTENANCE funds made available within the operation ing the tax system. SOAR VIRTUAL SCHOOL DISTRICT and maintenance account for the treatment of Traumatic Brain Injury and Post-Trau- The nonpartisan Joint Committee on The Deputy Undersecretary of Defense for matic Stress Disorder are excess to the re- Military Community and Family Policy is Taxation has made available to the quirements of the Department of Defense, directed to comply with the guidance con- public a technical explanation of the the Secretary may transfer excess amounts tained in the joint explanatory statement of tax provisions of H.R. 2206. The tech- to the Department of Veterans Affairs to be the committee of conference accompanying nical explanation expresses the com- available for the same purpose. H.R. 1591 regarding the Student Online mittee’s understanding and legislative The Secretary of Defense shall notify the Achievement Resources (SOAR Virtual congressional defense committees no later intent behind this important legisla- School District) program. tion. It will be available on the Joint than 15 days following any transfer of funds IRAQ SECURITY FORCES FUND Committee’s website at to the VA for PTSD/TBI treatment. The Department is directed to report to www.house.gov/jct. SUSTAINING THE MILITARY HEALTH CARE the House and Senate Committees on Appro- These are sound tax policy changes. BENEFIT priations within 90 days of enactment of this Let’s finally enact an increase in the Act the accountability requirements DoD Provided herein is $410,750,000 to fully fund minimum wage, and let’s also pass this has applied to the train-and-equip program the Defense Health Program for fiscal year useful package of tax benefits to help for Iraq and the plans underway to formulate 2007. The Department is expected to examine America’s small businesses. I urge my property accountability rules and regula- other ways to sustain the benefit without re- colleagues to support the bill. tions that distinguish between war and lying on Congress to enact legislation that would increase the out-of-pocket costs to the Mr. BYRD. Mr. President, the fol- peace. beneficiaries. lowing are additional explanatory ma- JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT terials regarding the appropriations for FUND HEALTH CARE IN SUPPORT OF ARMY MODULAR FORCE CONVERSION AND GLOBAL POSITIONING the Department of Defense made by the The Joint Improvised Explosive Device De- House amendments to the Senate feat Organization (JIEDDO) shall report on The Assistant Secretary of Defense for amendment to H.R. 2206. JIEDDO staffing levels no later than June 29, Health Affairs and the Surgeon General of 2007. the Army shall coordinate an effort and re- I ask unanimous consent they be port back to the congressional defense com- PROCUREMENT printed in the RECORD. mittees within 120 days after enactment of There being no objection, the mate- SINGLE CHANNEL GROUND AND AIRBORNE RADIO this Act on how these anticipated costs will rial was ordered to be printed in the SYSTEM (SINCGARS) FAMILY be funded to ensure soldiers and their fami- RECORD, as follows: The Department of the Army is directed to lies affected by AMF and global positioning DEPARTMENT OF DEFENSE—MILITARY comply with the guidance contained in the will have access to the health care they de- joint explanatory statement of the com- serve. PROGRAM EXECUTION mittee of conference accompanying H.R. 1591 MEDICAL SUPPORT FOR TACTICAL UNITS The Department of Defense shall execute regarding funding limitations and reporting the appropriations provided in this Act con- requirements for the Single Channel Ground The Department of the Army is directed to sistent with the allocation of funds con- and Airborne Radio Systems. address medical requirements for those tac- tained in the joint explanatory statement of tical units currently deployed to or return- DEFENSE HEALTH PROGRAM the committee of conference accompanying ing from the Iraq or Afghanistan theaters. H.R. 1591 when such appropriations (by ac- TRAUMATIC BRAIN INJURY (TBI) AND POST-TRAU- The Department of the Army shall focus count) are equal to those appropriations (by MATIC STRESS DISORDER (PTSD) TREATMENT funding on the replenishment of medical sup- account) provided in this Act. The Depart- AND RESEARCH ply and equipment needs within the combat ment is further directed to adhere to the re- If a service member is correctly diagnosed theaters, to include bandages and the provi- porting requirements in Senate Report 110–37 with TBI or PTSD, the better chance he or sion of medical care for soldiers who have re- and House Report 110–60 except as otherwise she has of a full recovery. It is critical that turned home in a medical holdover status.

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MEB/PEB IMPROVEMENTS workers, specialists to help identify depres- tors and caseworkers. The resources provided sion and post-traumatic stress disorder, med- are to be used at Walter Reed, Brooke, Mad- The system for evaluating soldiers’ eligi- ical hold facilities and even wheelchair ac- igan, and Womack Army Medical Centers bility for disability benefits has diminished, cess has meant that wounded soldiers have and National Naval Medical Center, San causing the soldiers’ needs to go unmet. In had to overcome many obstacles during their Diego. particular, the thousands of soldiers wound- medical care. SUMMARY AND TABULAR MATERIALS ed in the wars in Iraq and Afghanistan have Therefore, within the funds provided, overwhelmed the system leading to failure $30,000,000 is to be used for strengthening the The following tables provide details of the to complete reviews in a timely manner. In process, programs, formalized training for supplemental appropriations for the Depart- some cases, lack of management, case- personnel, and for the hiring of administra- ment of Defense–Military.

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VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00216 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.063 S24MYPT1 bajohnson on PRODPC74 with SENATE Insert graphic folio 460/97 here EH24MY07.091 May 24, 2007 CONGRESSIONAL RECORD — SENATE S6793 The PRESIDING OFFICER. The Sen- and our position as a nation in this are the only hope of ending the sec- ator from Washington is recognized. world has been compromised by this tarian fighting. f tragic decision by this administration. Setting that beginning point would I said at the time, and I will stand by also force the Iraqi leaders to face the UNANIMOUS CONSENT it with my vote this evening, that AGREEMENT reality that we will not be their end- though I loathe this decision to go to less security blanket. That approach Mrs. MURRAY. Mr. President, I ask war, I will not take my feelings out on got 51 votes in the Senate on March 29. unanimous consent that the Senate, at the troops who are in the field. I will It was sent to the President. The Presi- 8:25 p.m., vote, without any inter- continue to provide the resources they dent vetoed it. But pressure continues vening action or debate, on the motion need to be trained and equipped and to build for a change in course, even in to concur in the House amendment to rested and ready to go into battle and the President’s party. the Senate amendment to H.R. 2206; to come home safely. We will renew the effort to force a that the time from 7:55 to 8:25 p.m. be The debate will continue over this change in course in June when we take equally divided between the two lead- policy, but our soldiers should never be up the Defense authorization bill cur- ers, with the majority leader in control bargaining chips in this political de- rently scheduled for late June. The of the last 15 minutes, and that no bate. That is why I will vote this way we will do that is we will make other amendments or motions be in evening for this bill. But I want to and renew the effort to require the order prior to the vote, with the time make it clear with this vote that this President to begin reducing American allocated as follows: Senator DURBIN, 5 bill is not the end of the debate on the troops in Iraq within 120 days. minutes; Senator LEVIN, 5 minutes; war in Iraq. This debate will continue Senator LANDRIEU, 5 minutes, and Sen- until our Nation comes to its senses, I voted against the authorization to ator BROWN, 5 minutes. until our troops come home, and until attack Iraq 4 years ago, and I will con- The PRESIDING OFFICER. Is there we put this sorry chapter in our Na- tinue to fight for a bill that forces the objection? Without objection, it is so tion’s history behind us. President to do the one thing which ordered. We have summoned our friends on will successfully change course in Iraq. The Senator from Illinois. the Republican side of the aisle to join Reducing our presence starting in 120 Mr. DURBIN. Mr. President, in a few us in this effort. Two have had the days is a way of telling the Iraqi lead- moments, the Senate will vote on a courage to step forward. I hope that as ers that we cannot save them from funding bill for the war in Iraq. they reflect on this war and its cost to themselves and that only they can It is a historic vote and a very impor- America that more Republicans will make the decision as to whether they tant one over which many of us have join us, that we will not have to wait want an all-out civil war or they want anguished. until President Bush walks out of the a nation. I come to this decision with sadness White House to see an end to this war. I cannot vote, however, to stop fund- and anger—sadness that we are in the I pledge to you, Mr. President, this ing for our troops who are in harm’s fifth year of this war, a war that has Senator and so many others will con- way. I simply cannot, and I will not do lasted longer than World War II; sad- tinue this debate beyond today, beyond that. It is not the proper way we can ness that we have lost 3,435 of our brav- tonight, every day until those troops bring this war to an end. It is not the est, our American soldiers; sadness come home safely. When we consider proper way we can put pressure on the that over 25,000 of these soldiers have the Defense authorization bill in just a Iraqi leaders. It is a way of sending the been injured, 8,000 or 9,000 grievously few weeks, we will return to this na- wrong message to our troops because injured; sadness that we spent over $500 tional debate. We will push for that now that they are there, and now that billion on a war that is second only to timetable to bring these troops home. they are in harm’s way, I believe we World War II in its cost to our Nation. We will stand by our soldiers and show must give them all of the support they I also come to this floor with anger— our devotion to them with our commit- need. anger that we do not have it in our ment to bringing them home safely, in It is not only the absence from this power to make the will of the people of an honorable way. The debate will con- bill of a beginning point for troop re- America the law of our land; anger tinue until the soldiers are safe and ductions, which is so troubling, I am that this President has vetoed a bipar- until they are home. also concerned about the benchmarks tisan bill carefully crafted to start I pray this will happen soon, happen in this bill because they are not only bringing America’s troops home; anger before we lose more of these great men toothless, they may actually be coun- that we continue to bury our Nation’s and women. This morning at my desk terproductive. Benchmarks with no heroes every day while this Congress upstairs, I sat down and penned more consequences for failure to achieve fails to muster the votes and some of notes to the grieving parents and them will not put the necessary pres- the will to bring this war to an end. spouses of fallen soldiers in my State sure on the Iraqi leaders to reach a po- In October of 2002, I stood on this of Illinois. I never dreamed 41⁄2 years litical settlement. Only a law requiring Senate floor and joined 22 other Sen- ago that I would still be writing those the reduction of our troops can do that. ators in casting my vote against this notes today. It is a sad testimony to The benchmarks as written in this war. I felt then, and I believe today, what this failed policy has cost our Na- bill are doubly problematic because the that the invasion of Iraq was a serious tion. schedule for reports, July 15 and Sep- mistake. I believe, as I stand here, it With this vote tonight, the debate tember 15, could be used as a way of has been the most flawed and failed will not end; the debate will continue. forestalling pressure on the adminis- policy of any administration in our his- I yield the floor. tory. The PRESIDING OFFICER. The Sen- tration and the Iraqi leaders since That night when the vote was cast, ator from Michigan. those reports are not due until after we this ornate Chamber was quiet. There Mr. LEVIN. Mr. President, I continue are planning to take up the Defense au- was a lonely feel about it in the closing to believe that Congress must act to thorization bill in June. moments of the session. Those of us change course in Iraq because the Bush Perhaps the supporters of the current who lingered knew that regardless of administration will not. Congress course in Iraq will say that those of us what the White House said, this Presi- needs to force the Iraqi political lead- voting to fund the troops bill before us dent would waste no time invading ers to accept responsibility for their are also signing on to the toothless Iraq—regardless of the flawed intel- country’s future. Four years of painful benchmarks with their arguably mo- ligence, regardless of the lack of allies, history have shown that the only way mentum-slowing requirements. So let regardless of a battle plan that left us to accomplish that goal is to write into me say plainly, I oppose the bench- in a position stronger after the inva- law a requirement that we reduce the marks and the reports as provided for sion than before. number of U.S. troops in Iraq begin- in this bill. Today, 41⁄2 years later, 41⁄2 years after ning in 120 days. That amount of time Well, let me say plainly: I oppose the that vote and after this invasion, would give the Iraqi leaders the time to toothless benchmarks and momentum- America is not safer, Iraq is in turmoil, make the political settlements that delaying reports in this bill. I agree

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00217 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.132 S24MYPT1 bajohnson on PRODPC74 with SENATE S6794 CONGRESSIONAL RECORD — SENATE May 24, 2007 with the Iraq Study Group that contin- It is hard for people to comprehend halfway. We do not look for charity, we ued U.S. military support for Iraq ‘‘de- what that means. It is still difficult for look for a hand up. We look for our pends on the Iraqi government’s dem- those of us who live there to get a han- Government to meet us halfway. onstrating political will and making dle on the scope of the damage and dev- We can afford at least 10 to 15 days’ substantial progress toward the astation. We are grateful for the gen- worth of Iraq spending toward rebuild- achievement of milestones on national erosity of this Nation. We are grateful ing the great energy coast of America. reconciliation, security and govern- for the private contributions, the many Mr. President, I yield the floor. ance.’’ church groups and people of faith who The PRESIDING OFFICER. The Re- It has been clear for a long time that have come to help us, and we are ex- publican leader. there is no military solution in Iraq cited about this package in this emer- Mr. MCCONNELL. Mr. President, it and that an Iraqi political settlement gency supplemental. was important from the outset that is necessary if there is a chance of end- When we began this journey 4 or 5 this supplemental, these funds, be pro- ing the violence in Iraq. months ago, there were some on the vided to the troops by Memorial Day. Most telling, perhaps, was Iraqi opposition side that said we didn’t need The President told us the first week in Prime Minister Maliki’s acknowledge- to include any of this; that this is for February that he needed the funds to ment of this essential point when he an emergency overseas. But I really support troops stationed overseas. A stated in November: want to remind everyone that we are month and a half after the Secretary of The crisis is political, and the ones who still in a state of emergency on the gulf Defense stepped in, he said delays can stop the cycle . . . of bloodletting of in- coast, and asking for $3.7 billion in a would seriously disrupt key military nocents are the [Iraqi] politicians. $120 billion bill is really not too much programs. The Army Chief of Staff told Apparently, the Iraqi leaders, how- to ask for hard-working American tax- us if he didn’t get the funds soon, he ever, will realize that their future is in payers whose homes had never flooded would have to take Draconian meas- their hands only when they are forced before. Many of these home owners and ures that would impact readiness and into that recognition. That is one of business owners never had an inch of impose hardships on soldiers and their the many reasons that we must pass a water in them, but they suddenly came families. The Chairman of the Joint law requiring our President to begin home or woke up to 12 to 14 feet of Chiefs of Staff, General Pace, said reducing U.S. troops in Iraq in 120 days. water, up to their roofs, ruining every- delays would force the Army to cut We will continue our efforts to do so thing they had worked for, sometimes quality-of-life initiatives. when the Defense authorization bill is everything their parents and grand- Then the calls started coming from before us. parents had worked for. Iraq. The chief spokesman of the Mul- The Washington Post reported yes- Briefly, what we have done, in this tinational Forces, General Caldwell, terday that General Petraeus and Am- last minute as I summarize, is to waive told us that delays in funding have al- bassador Crocker are working on a new the 10-percent match, which is critical. ready started to hamstring our efforts strategy in Iraq. According to the It is not only the money that is help- to train Iraqi security units. That was Washington Post: ‘‘The end of 2008, is ful, obviously, to not have to put up more than a month and a half ago. more political than military: to nego- that 10 percent, but mostly by waiving It was 108 days ago the President said tiate settlements between warring fac- the match we are waiving 90 percent of he needed funds for the troops. But tions in Iraq from the national level the redtape that is keeping these hard- since that first request in early Feb- down to the local level. In essence, it is working people who are doing every- ruary until today, Congress has voted as much about the political deals need- more than 30 times on Iraq-related ed to defuse a civil war as about the thing they can to rebuild their lives. There were some in the administra- measures without approving a single military operations aimed at quelling a tion who wanted to play games with dime. Mr. President, 108 days and more complex insurgency, said officials with the levees, and move levees from the than 30 votes later, Congress is finally knowledge of the plan.’’ Mr. DURBIN. Mr. President, I sug- east bank to the west bank and say we sending these funds to the troops. Many on this side of the aisle are dis- gest the absence of a quorum. will fund it later. Well, there is no The PRESIDING OFFICER. The later for us. There is now, and we are appointed that the final bill contains clerk will call the roll. going to build these levees and protect billions of dollars in spending for items The legislative clerk proceeded to the people in south Louisiana. That unrelated to the war, but we are re- call the roll. has been done. lieved the Democratic leadership has Ms. LANDRIEU. Mr. President, I ask One other part that is very impor- decided to strip a reckless and nonsen- unanimous consent that the order for tant to me, and a provision I objected sical surrender date from the bill. the quorum call be rescinded. to when it was first implemented 2 One other thing. It is important the The PRESIDING OFFICER. Without years ago, is the option for the forgive- Iraqi Government be held accountable. objection, it is so ordered. ness of loans, which had been taken It needs to engage in political rec- The Senator is recognized. away. I said, on behalf of the people I onciliation, and this bill calls upon Ms. LANDRIEU. Mr. President, I represent, we are entitled to the same them to do just that. Members on both begin by thanking majority leader response that other communities have sides are deeply frustrated with the HARRY REID for his extraordinary work received, and this bill gives us justice Iraqi Government. Anything that puts in helping to negotiate the full on the gulf coast. pressure on them without putting pres- Katrina-Rita package that many of us In addition, there is some money for sure on U.S. troops is a step in the worked on to try to accelerate and help for our criminal justice system right direction. jump-start the recovery that is under- that needs improvement, and to cor- I have been saying since January way slowly, solidly in some places, and rect some of the teacher shortages as a that benchmarks would be a good idea. not so solidly in others along the en- result of the collapse and damage to General Petraeus and General Pace tire gulf coast of this Nation, Amer- many schools, and teachers who have have said the Baghdad security plan is ica’s energy coast. Louisiana sits in had to move to higher ground but who a necessary precondition for political the middle of this great coastline and want to come back to teach the chil- progress in Iraq. We need to be sure was hit not by one but by two mon- dren. Iraqi politicians are putting the same strous storms 18 months ago. But, as Finally, let me thank Senator MUR- effort into their half of the bargain as my colleagues have heard me say many RAY, who has been extraordinary in her our men and women in uniform. times, it wasn’t just Katrina and Rita efforts on our behalf. I also thank Sen- General Petraeus and Ambassador that did so much damage, it was the ator BYRD, the chairman of our com- Crocker will report back to Congress at collapse of a Federal levee system that mittee. They were not going to let this the end of the summer, and the success should have held but didn’t hold. In bill get through without Katrina and or failure of the security plan will be Louisiana alone, 200,000 homes were to- Rita being recognized and the hundreds clear by the end of the year. tally destroyed. In Mississippi, it was of thousands of people who are depend- I strongly urge my colleagues to vote over 65,000 homes because of the surge ing on this Congress to keep fighting in favor of this bill, which finally gives that came out of the gulf. for them and to at least meet them the troops the funds they need. We

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00218 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.059 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6795 should remember as we return home to TITLE I—SUPPLEMENTAL APPROPRIA- MILITARY PERSONNEL, NAVY our families this weekend that thou- TIONS FOR DEFENSE, INTERNATIONAL For an additional amount for ‘‘Military Per- sands of American men and women will AFFAIRS, AND OTHER SECURITY-RE- sonnel, Navy’’, $692,127,000. be fighting for us far away from their LATED NEEDS MILITARY PERSONNEL, MARINE CORPS homes. The very least we can do for CHAPTER 1 For an additional amount for ‘‘Military Per- them this Memorial Day is to give DEPARTMENT OF AGRICULTURE sonnel, Marine Corps’’, $1,386,871,000. them the tools they need to stay in the FOREIGN AGRICULTURAL SERVICE MILITARY PERSONNEL, AIR FORCE fight. PUBLIC LAW 480 TITLE II GRANTS For an additional amount for ‘‘Military Per- For an additional amount for ‘‘Public Law Mr. President, I yield the floor. sonnel, Air Force’’, $1,079,287,000. 480 Title II Grants’’, during the current fiscal RESERVE PERSONNEL, ARMY year, not otherwise recoverable, and unre- For an additional amount for ‘‘Reserve Per- f covered prior years’ costs, including interest sonnel, Army’’, $147,244,000. thereon, under the Agricultural Trade Develop- RESERVE PERSONNEL, NAVY U.S. TROOP READINESS, VET- ment and Assistance Act of 1954, for commod- ities supplied in connection with dispositions For an additional amount for ‘‘Reserve Per- ERANS’ CARE, KATRINA RECOV- abroad under title II of said Act, $350,000,000, to sonnel, Navy’’, $77,800,000. ERY, AND IRAQ ACCOUNT- remain available until expended. RESERVE PERSONNEL, AIR FORCE ABILITY APPROPRIATIONS ACT, CHAPTER 2 For an additional amount for ‘‘Reserve Per- 2007—CONFERENCE REPORT DEPARTMENT OF JUSTICE sonnel, Air Force’’, $5,500,000. NATIONAL GUARD PERSONNEL, ARMY Mr. REID. Mr. President, I ask that LEGAL ACTIVITIES For an additional amount for ‘‘National the Chair lay before the Senate a mes- SALARIES AND EXPENSES, GENERAL LEGAL Guard Personnel, Army’’, $436,025,000. sage from the House of Representatives ACTIVITIES NATIONAL GUARD PERSONNEL, AIR FORCE on the bill, H.R. 2206, making emer- For an additional amount for ‘‘Salaries and gency supplemental appropriations and Expenses, General Legal Activities’’, $1,648,000, For an additional amount for ‘‘National to remain available until September 30, 2008. Guard Personnel, Air Force’’, $24,500,000. additional supplemental appropriations SALARIES AND EXPENSES, UNITED STATES OPERATION AND MAINTENANCE for agricultural and other emergency ATTORNEYS OPERATION AND MAINTENANCE, ARMY assistance for the fiscal year ending For an additional amount for ‘‘Salaries and For an additional amount for ‘‘Operation and September 30, 2007, and for other pur- Expenses, United States Attorneys’’, $5,000,000, Maintenance, Army’’, $20,373,379,000. poses. to remain available until September 30, 2008. OPERATION AND MAINTENANCE, NAVY UNITED STATES MARSHALS SERVICE The PRESIDING OFFICER laid be- (INCLUDING TRANSFER OF FUNDS) fore the Senate the following message SALARIES AND EXPENSES For an additional amount for ‘‘Operation and from the House of Representatives: For an additional amount for ‘‘Salaries and Maintenance, Navy’’, $4,652,670,000, of which Expenses’’, $6,450,000, to remain available until H.R. 2206 up to $120,293,000 shall be transferred to Coast September 30, 2008. Guard, ‘‘Operating Expenses’’, for reimburse- Resolved, That the House agree to the NATIONAL SECURITY DIVISION ment for activities which support activities re- amendment of the Senate to the bill (H.R. SALARIES AND EXPENSES quested by the Navy. 2206) entitled ‘‘An Act making emergency For an additional amount for ‘‘Salaries and OPERATION AND MAINTENANCE, MARINE CORPS supplemental appropriations and additional Expenses’’, $1,736,000, to remain available until For an additional amount for ‘‘Operation and supplemental appropriations for agricultural September 30, 2008. and other emergency assistance for the fiscal Maintenance, Marine Corps’’, $1,146,594,000. year ending September 30, 2007, and for other FEDERAL BUREAU OF INVESTIGATION OPERATION AND MAINTENANCE, AIR FORCE purposes’’, with the following: SALARIES AND EXPENSES For an additional amount for ‘‘Operation and House amendment to Senate amendment: For an additional amount for ‘‘Salaries and Maintenance, Air Force’’, $6,650,881,000. Expenses’’, $118,260,000, to remain available In lieu of the matter proposed to be in- OPERATION AND MAINTENANCE, DEFENSE-WIDE until September 30, 2008. serted by the amendment of the Senate, in- For an additional amount for ‘‘Operation and sert the following: DRUG ENFORCEMENT ADMINISTRATION Maintenance, Defense-Wide’’, $2,714,487,000, of SALARIES AND EXPENSES SECTION 1. SHORT TITLE. which— For an additional amount for ‘‘Salaries and (1) not to exceed $25,000,000 may be used for This Act may be cited as the ‘‘U.S. Troop Expenses’’, $8,468,000, to remain available until the Combatant Commander Initiative Fund, to Readiness, Veterans’ Care, Katrina Recovery, September 30, 2008. be used in support of Operation Iraqi Freedom and Iraq Accountability Appropriations Act, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND and Operation Enduring Freedom; and 2007’’. EXPLOSIVES (2) not to exceed $200,000,000, to remain avail- SEC. 2. TABLE OF CONTENTS. able until expended, may be used for payments SALARIES AND EXPENSES to reimburse Pakistan, Jordan, and other key The table of contents for this Act is as follows: For an additional amount for ‘‘Salaries and cooperating nations, for logistical, military, and TITLE I—SUPPLEMENTAL APPROPRIA- Expenses’’, $4,000,000, to remain available until other support provided to United States military TIONS FOR DEFENSE, INTER- September 30, 2008. operations, notwithstanding any other provision NATIONAL AFFAIRS, AND FEDERAL PRISON SYSTEM OTHER SECURITY-RELATED of law: Provided, That such payments may be SALARIES AND EXPENSES made in such amounts as the Secretary of De- NEEDS For an additional amount for ‘‘Salaries and fense, with the concurrence of the Secretary of TITLE II—HURRICANE KATRINA RECOV- Expenses’’, $17,000,000, to remain available until State, and in consultation with the Director of ERY September 30, 2008. the Office of Management and Budget, may de- TITLE III—ADDITIONAL DEFENSE, INTER- GENERAL PROVISIONS—THIS CHAPTER termine, in his discretion, based on documenta- NATIONAL AFFAIRS, AND SEC. 1201. Funds provided in this Act for the tion determined by the Secretary of Defense to HOMELAND SECURITY PROVI- ‘‘Department of Justice, United States Marshals adequately account for the support provided, SIONS Service, Salaries and Expenses’’ shall be made and such determination is final and conclusive TITLE IV—ADDITIONAL HURRICANE DIS- available according to the language relating to upon the accounting officers of the United ASTER RELIEF AND RECOV- such account in the joint explanatory statement States, and 15 days following notification to the ERY accompanying the conference report on H.R. appropriate congressional committees: Provided TITLE V—OTHER EMERGENCY APPRO- 1591 of the 110th Congress (H. Rept. 110–107). further, That the Secretary of Defense shall pro- PRIATIONS SEC. 1202. Funds provided in this Act for the vide quarterly reports to the congressional de- TITLE VI—OTHER MATTERS ‘‘Department of Justice, Legal Activities, Sala- fense committees on the use of funds provided in TITLE VII—ELIMINATION OF SCHIP ries and Expenses, General Legal Activities’’, this paragraph. SHORTFALL AND OTHER shall be made available according to the lan- OPERATION AND MAINTENANCE, ARMY RESERVE HEALTH MATTERS guage relating to such account in the joint ex- For an additional amount for ‘‘Operation and TITLE VIII—FAIR MINIMUM WAGE AND planatory statement accompanying the con- Maintenance, Army Reserve’’, $74,049,000. TAX RELIEF ference report on H.R. 1591 of the 110th Con- OPERATION AND MAINTENANCE, NAVY RESERVE gress (H. Rept. 110–107). TITLE IX—AGRICULTURAL ASSISTANCE For an additional amount for ‘‘Operation and TITLE X—GENERAL PROVISIONS CHAPTER 3 Maintenance, Navy Reserve’’, $111,066,000. SEC. 3. STATEMENT OF APPROPRIATIONS. DEPARTMENT OF DEFENSE—MILITARY OPERATION AND MAINTENANCE, MARINE CORPS The following sums in this Act are appro- MILITARY PERSONNEL RESERVE priated, out of any money in the Treasury not MILITARY PERSONNEL, ARMY For an additional amount for ‘‘Operation and otherwise appropriated, for the fiscal year end- For an additional amount for ‘‘Military Per- Maintenance, Marine Corps Reserve’’, ing September 30, 2007. sonnel, Army’’, $8,510,270,000. $13,591,000.

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OPERATION AND MAINTENANCE, AIR FORCE AIRCRAFT PROCUREMENT, AIR FORCE Provided, That the Secretary shall notify the RESERVE For an additional amount for ‘‘Aircraft Pro- Congress promptly of each transfer made pursu- For an additional amount for ‘‘Operation and curement, Air Force’’, $2,106,468,000, to remain ant to the authority in this section: Provided Maintenance, Air Force Reserve’’, $10,160,000. available until September 30, 2009. further, That the authority provided in this sec- tion is in addition to any other transfer author- OPERATION AND MAINTENANCE, ARMY NATIONAL MISSILE PROCUREMENT, AIR FORCE ity available to the Department of Defense and GUARD For an additional amount for ‘‘Missile Pro- is subject to the same terms and conditions as For an additional amount for ‘‘Operation and curement, Air Force’’, $94,900,000, to remain the authority provided in section 8005 of the De- Maintenance, Army National Guard’’, available until September 30, 2009. partment of Defense Appropriations Act, 2007 $83,569,000. PROCUREMENT OF AMMUNITION, AIR FORCE (Public Law 109–289; 120 Stat. 1257), except for OPERATION AND MAINTENANCE, AIR NATIONAL For an additional amount for ‘‘Procurement the fourth proviso: Provided further, That funds GUARD of Ammunition, Air Force’’, $6,000,000, to remain previously transferred to the ‘‘Joint Improvised For an additional amount for ‘‘Operation and available until September 30, 2009. Explosive Device Defeat Fund’’ and the ‘‘Iraq Maintenance, Air National Guard’’, $38,429,000. Security Forces Fund’’ under the authority of OTHER PROCUREMENT, AIR FORCE AFGHANISTAN SECURITY FORCES FUND section 8005 of Public Law 109–289 and trans- For an additional amount for ‘‘Other Procure- For an additional amount for ‘‘Afghanistan ferred back to their source appropriations ac- ment, Air Force’’, $1,957,160,000, to remain counts shall not be taken into account for pur- Security Forces Fund’’, $5,906,400,000, to remain available until September 30, 2009. available until September 30, 2008. poses of the limitation on the amount of funds PROCUREMENT, DEFENSE-WIDE that may be transferred under section 8005. IRAQ SECURITY FORCES FUND For an additional amount for ‘‘Procurement, SEC. 1303. Funds appropriated in this Act, or For an additional amount for ‘‘Iraq Security Defense-Wide’’, $721,190,000, to remain available made available by the transfer of funds in or Forces Fund’’, $3,842,300,000, to remain avail- until September 30, 2009. pursuant to this Act, for intelligence activities able until September 30, 2008. are deemed to be specifically authorized by the RESEARCH, DEVELOPMENT, TEST AND Congress for purposes of section 504(a)(1) of the IRAQ FREEDOM FUND EVALUATION (INCLUDING TRANSFER OF FUNDS) National Security Act of 1947 (50 U.S.C. RESEARCH, DEVELOPMENT, TEST AND 414(a)(1)). For an additional amount for ‘‘Iraq Freedom EVALUATION, ARMY SEC. 1304. None of the funds provided in this Fund’’, $355,600,000, to remain available for For an additional amount for ‘‘Research, De- Act may be used to finance programs or activi- transfer until September 30, 2008: Provided, velopment, Test and Evaluation, Army’’, ties denied by Congress in fiscal years 2006 or That up to $50,000,000 may be obligated and ex- $100,006,000, to remain available until September 2007 appropriations to the Department of De- pended for purposes of the Task Force to Im- 30, 2008. fense (except for military construction) or to ini- prove Business and Stability Operations in Iraq. RESEARCH, DEVELOPMENT, TEST AND tiate a procurement or research, development, JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT EVALUATION, NAVY test and evaluation new start program without FUND prior written notification to the congressional For an additional amount for ‘‘Research, De- For an additional amount for ‘‘Joint Impro- defense committees. velopment, Test and Evaluation, Navy’’, vised Explosive Device Defeat Fund’’, (TRANSFER OF FUNDS) $298,722,000, to remain available until September $2,432,800,000, to remain available until Sep- SEC. 1305. During fiscal year 2007, the Sec- 30, 2008. tember 30, 2009. retary of Defense may transfer not to exceed ESEARCH, DEVELOPMENT, TEST AND PROCUREMENT R $6,300,000 of the amounts in or credited to the EVALUATION, AIR FORCE AIRCRAFT PROCUREMENT, ARMY Defense Cooperation Account, pursuant to 10 For an additional amount for ‘‘Research, De- U.S.C. 2608, to such appropriations or funds of For an additional amount for ‘‘Aircraft Pro- velopment, Test and Evaluation, Air Force’’, the Department of Defense as he shall determine curement, Army’’, $619,750,000, to remain avail- $187,176,000, to remain available until September for use consistent with the purposes for which able until September 30, 2009. 30, 2008. such funds were contributed and accepted: Pro- MISSILE PROCUREMENT, ARMY RESEARCH, DEVELOPMENT, TEST AND vided, That such amounts shall be available for For an additional amount for ‘‘Missile Pro- EVALUATION, DEFENSE-WIDE the same time period as the appropriation to curement, Army’’, $111,473,000, to remain avail- For an additional amount for ‘‘Research, De- which transferred: Provided further, That the able until September 30, 2009. velopment, Test and Evaluation, Defense- Secretary shall report to the Congress all trans- PROCUREMENT OF WEAPONS AND TRACKED Wide’’, $512,804,000, to remain available until fers made pursuant to this authority. SEC. 1306. (a) AUTHORITY TO PROVIDE SUP- COMBAT VEHICLES, ARMY September 30, 2008. PORT.—Of the amount appropriated by this Act For an additional amount for ‘‘Procurement REVOLVING AND MANAGEMENT FUNDS under the heading, ‘‘Drug Interdiction and of Weapons and Tracked Combat Vehicles, DEFENSE WORKING CAPITAL FUNDS Counter-Drug Activities, Defense’’, not to ex- Army’’, $3,404,315,000, to remain available until ceed $60,000,000 may be used for support for September 30, 2009. For an additional amount for ‘‘Defense Work- ing Capital Funds’’, $1,115,526,000. counter-drug activities of the Governments of PROCUREMENT OF AMMUNITION, ARMY Afghanistan and Pakistan: Provided, That such NATIONAL DEFENSE SEALIFT FUND For an additional amount for ‘‘Procurement support shall be in addition to support provided of Ammunition, Army’’, $681,500,000, to remain For an additional amount for ‘‘National De- for the counter-drug activities of such Govern- available until September 30, 2009. fense Sealift Fund’’, $5,000,000. ments under any other provision of the law. OTHER PROCUREMENT, ARMY OTHER DEPARTMENT OF DEFENSE (b) TYPES OF SUPPORT.— PROGRAMS (1) Except as specified in subsection (b)(2) of For an additional amount for ‘‘Other Procure- this section, the support that may be provided DEFENSE HEALTH PROGRAM ment, Army’’, $9,859,137,000, to remain available under the authority in this section shall be lim- until September 30, 2009. For an additional amount for ‘‘Defense ited to the types of support specified in section AIRCRAFT PROCUREMENT, NAVY Health Program’’, $1,123,147,000. 1033(c)(1) of the National Defense Authorization For an additional amount for ‘‘Aircraft Pro- DRUG INTERDICTION AND COUNTER-DRUG Act for Fiscal Year 1998 (Public Law 105–85, as curement, Navy’’, $1,090,287,000, to remain ACTIVITIES, DEFENSE amended by Public Laws 106–398, 108–136, and available until September 30, 2009. For an additional amount for ‘‘Drug Interdic- 109–364) and conditions on the provision of sup- WEAPONS PROCUREMENT, NAVY tion and Counter-Drug Activities, Defense’’, port as contained in section 1033 shall apply for For an additional amount for ‘‘Weapons Pro- $254,665,000, to remain available until expended. fiscal year 2007. (2) The Secretary of Defense may transfer ve- curement, Navy’’, $163,813,000, to remain avail- RELATED AGENCIES hicles, aircraft, and detection, interception, able until September 30, 2009. INTELLIGENCE COMMUNITY MANAGEMENT monitoring and testing equipment to said Gov- PROCUREMENT OF AMMUNITION, NAVY AND ACCOUNT ernments for counter-drug activities. MARINE CORPS For an additional amount for ‘‘Intelligence SEC. 1307. (a) From funds made available for For an additional amount for ‘‘Procurement Community Management Account’’, $71,726,000. operation and maintenance in this Act to the of Ammunition, Navy and Marine Corps’’, GENERAL PROVISIONS—THIS CHAPTER Department of Defense, not to exceed $159,833,000, to remain available until September $456,400,000 may be used, notwithstanding any 30, 2009. SEC. 1301. Appropriations provided in this Act other provision of law, to fund the Commanders’ are available for obligation until September 30, OTHER PROCUREMENT, NAVY Emergency Response Program, for the purpose 2007, unless otherwise provided herein. of enabling military commanders in Iraq and Af- For an additional amount for ‘‘Other Procure- (TRANSFER OF FUNDS) ghanistan to respond to urgent humanitarian ment, Navy’’, $618,709,000, to remain available SEC. 1302. Upon his determination that such relief and reconstruction requirements within until September 30, 2009. action is necessary in the national interest, the their areas of responsibility by carrying out pro- PROCUREMENT, MARINE CORPS Secretary of Defense may transfer between ap- grams that will immediately assist the Iraqi and For an additional amount for ‘‘Procurement, propriations up to $3,500,000,000 of the funds Afghan people. Marine Corps’’, $989,389,000, to remain available made available to the Department of Defense (b) QUARTERLY REPORTS.—Not later than 15 until September 30, 2009. (except for military construction) in this Act: days after the end of each fiscal year quarter,

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00220 Fmt 0624 Sfmt 6333 E:\CR\FM\A24MY6.064 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6797 the Secretary of Defense shall submit to the con- (7) In December 2006, the bipartisan Iraq tical and operational decisions, in consultation gressional defense committees a report regarding Study Group issued a valuable report, sug- with U.S commanders, without political inter- the source of funds and the allocation and use gesting a comprehensive strategy that includes vention, to include the authority to pursue all of funds during that quarter that were made new and enhanced diplomatic and political ef- extremists, including Sunni insurgents and Shi- available pursuant to the authority provided in forts in Iraq and the region, and a change in ite militias. this section or under any other provision of law the primary mission of U.S. forces in Iraq, that (xi) Ensuring that the Iraqi Security Forces for the purposes of the programs under sub- will enable the United States to begin to move are providing even handed enforcement of the section (a). its combat forces out of Iraq responsibly. law. SEC. 1308. Section 9010 of division A of Public (8) The President said on January 10, 2007, (xii) Ensuring that, according to President Law 109–289 is amended by striking ‘‘2007’’ each that ‘‘I’ve made it clear to the Prime Minister Bush, Prime Minister Maliki said ‘‘the Baghdad place it appears and inserting ‘‘2008’’. and Iraq’s other leaders that America’s commit- security plan will not provide a safe haven for SEC. 1309. During fiscal year 2007, supervision ment is not open-ended’’ so as to dispel the con- any outlaws, regardless of [their] sectarian or and administration costs associated with trary impression that exists. political affiliation’’. projects carried out with funds appropriated to (9) It is essential that the sovereign Govern- (xiii) Reducing the level of sectarian violence ‘‘Afghanistan Security Forces Fund’’ or ‘‘Iraq ment of Iraq set out measurable and achievable in Iraq and eliminating militia control of local Security Forces Fund’’ in this Act may be obli- benchmarks and President Bush said, on Janu- security. gated at the time a construction contract is ary 10, 2007, that ‘‘America will change our ap- (xiv) Establishing all of the planned joint se- awarded: Provided, That for the purpose of this proach to help the Iraqi government as it works curity stations in neighborhoods across Bagh- section, supervision and administration costs in- to meet these benchmarks’’. dad. clude all in-house Government costs. (10) As reported by Secretary of State Rice, (xv) Increasing the number of Iraqi security SEC. 1310. Section 1005(c)(2) of the National Iraq’s Policy Committee on National Security forces units capable of operating independently. Defense Authorization Act, Fiscal Year 2007 agreed upon a set of political, security, and eco- (xvi) Ensuring that the rights of minority po- (Public Law 109–364) is amended by striking nomic benchmarks and an associated timeline in litical parties in the Iraqi legislature are pro- ‘‘$310,277,000’’ and inserting ‘‘$376,446,000’’. September 2006 that were: (A) reaffirmed by tected. SEC. 1311. Section 9007 of Public Law 109–289 Iraq’s Presidency Council on October 6, 2006; (xvii) Allocating and spending $10 billion in is amended by striking ‘‘20’’ and inserting (B) referenced by the Iraq Study Group; and (C) Iraqi revenues for reconstruction projects, in- ‘‘287’’. posted on the President of Iraq’s Web site. cluding delivery of essential services, on an eq- SEC. 1312. From funds made available for the (11) On April 21, 2007, Secretary of Defense uitable basis. ‘‘Iraq Security Forces Fund’’ for fiscal year Robert Gates stated that ‘‘our [American] com- (xviii) Ensuring that Iraq’s political authori- 2007, up to $155,500,000 may be used, notwith- mitment to Iraq is long-term, but it is not a com- ties are not undermining or making false accu- standing any other provision of law, to provide mitment to have our young men and women pa- sations against members of the Iraqi Security assistance, with the concurrence of the Sec- trolling Iraq’s streets open-endedly’’ and that Forces. retary of State, to the Government of Iraq to ‘‘progress in reconciliation will be an important (B) The President shall submit reports to Con- support the disarmament, demobilization, and element of our evaluation’’. gress on how the sovereign Government of Iraq reintegration of militias and illegal armed (12) The President’s January 10, 2007, address is, or is not, achieving progress towards accom- groups. had three components: political, military, and plishing the aforementioned benchmarks, and (TRANSFER OF FUNDS) economic. Given that significant time has passed shall advise the Congress on how that assess- SEC. 1313. Notwithstanding any other provi- since his statement, and recognizing the overall ment requires, or does not require, changes to sion of law, not to exceed $110,000,000 may be situation is ever changing, Congress must have the strategy announced on January 10, 2007. transferred to the ‘‘Economic Support Fund’’, timely reports to evaluate and execute its con- (2) REPORTS REQUIRED.— Department of State, for use in programs in stitutional oversight responsibilities. (A) The President shall submit an initial re- Pakistan from amounts appropriated by this Act (b) CONDITIONING OF FUTURE UNITED STATES port, in classified and unclassified format, to as follows: STRATEGY IN IRAQ ON THE IRAQI GOVERNMENT’S the Congress, not later than July 15, 2007, as- ‘‘Military Personnel, Army’’, $70,000,000. RECORD OF PERFORMANCE ON ITS BENCH- sessing the status of each of the specific bench- ‘‘National Guard Personnel, Army’’, MARKS.— marks established above, and declaring, in his $13,183,000. (1) IN GENERAL.— judgment, whether satisfactory progress toward ‘‘Defense Health Program’’, $26,817,000. (A) The United States strategy in Iraq, here- meeting these benchmarks is, or is not, being SEC. 1314. (a) FINDINGS REGARDING PROGRESS after, shall be conditioned on the Iraqi govern- achieved. IN IRAQ, THE ESTABLISHMENT OF BENCHMARKS ment meeting benchmarks, as told to members of (B) The President, having consulted with the TO MEASURE THAT PROGRESS, AND REPORTS TO Congress by the President, the Secretary of Secretary of State, the Secretary of Defense, the CONGRESS.—Congress makes the following find- State, the Secretary of Defense, and the Chair- Commander, Multi-National Forces-Iraq, the ings: man of the Joint Chiefs of Staff, and reflected in United States Ambassador to Iraq, and the Com- (1) Over 145,000 American military personnel the Iraqi Government’s commitments to the mander of U.S. Central Command, will prepare are currently serving in Iraq, like thousands of United States, and to the international commu- the report and submit the report to Congress. others since March 2003, with the bravery and nity, including: (C) If the President’s assessment of any of the professionalism consistent with the finest tradi- (i) Forming a Constitutional Review Com- specific benchmarks established above is unsat- tions of the United States Armed Forces, and mittee and then completing the constitutional isfactory, the President shall include in that re- are deserving of the strong support of all Ameri- review. port a description of such revisions to the polit- (ii) Enacting and implementing legislation on cans. ical, economic, regional, and military compo- de-Baathification. (2) Many American service personnel have lost nents of the strategy, as announced by the (iii) Enacting and implementing legislation to their lives, and many more have been wounded President on January 10, 2007. In addition, the ensure the equitable distribution of hydrocarbon in Iraq; the American people will always honor President shall include in the report, the advis- resources of the people of Iraq without regard to their sacrifice and honor their families. ability of implementing such aspects of the bi- the sect or ethnicity of recipients, and enacting (3) The United States Army and Marine partisan Iraq Study Group, as he deems appro- and implementing legislation to ensure that the Corps, including their Reserve components and priate. energy resources of Iraq benefit Sunni Arabs, National Guard organizations, together with (D) The President shall submit a second report Shia Arabs, Kurds, and other Iraqi citizens in components of the other branches of the mili- to the Congress, not later than September 15, an equitable manner. tary, are performing their missions while under (iv) Enacting and implementing legislation on 2007, following the same procedures and criteria enormous strain from multiple, extended deploy- procedures to form semi-autonomous regions. outlined above. ments to Iraq and Afghanistan. These deploy- (v) Enacting and implementing legislation es- (E) The reporting requirement detailed in sec- ments, and those that will follow, will have a tablishing an Independent High Electoral Com- tion 1227 of the National Defense Authorization lasting impact on future recruiting, retention, mission, provincial elections law, provincial Act for Fiscal Year 2006 is waived from the date and readiness of our Nation’s all volunteer council authorities, and a date for provincial of the enactment of this Act through the period force. elections. ending September 15, 2007. (4) Iraq is experiencing a deteriorating prob- (vi) Enacting and implementing legislation ad- (3) TESTIMONY BEFORE CONGRESS.—Prior to lem of sectarian and intrasectarian violence dressing amnesty. the submission of the President’s second report based upon political distrust and cultural dif- (vii) Enacting and implementing legislation on September 15, 2007, and at a time to be agreed ferences among factions of the Sunni and Shia establishing a strong militia disarmament pro- upon by the leadership of the Congress and the populations. gram to ensure that such security forces are ac- Administration, the United States Ambassador (5) Iraqis must reach political and economic countable only to the central government and to Iraq and the Commander, Multi-National settlements in order to achieve reconciliation, loyal to the Constitution of Iraq. Forces Iraq will be made available to testify in for there is no military solution. The failure of (viii) Establishing supporting political, media, open and closed sessions before the relevant the Iraqis to reach such settlements to support a economic, and services committees in support of committees of the Congress. truly unified government greatly contributes to the Baghdad Security Plan. (c) LIMITATIONS ON AVAILABILITY OF FUNDS.— the increasing violence in Iraq. (ix) Providing three trained and ready Iraqi (1) LIMITATION.—No funds appropriated or (6) The responsibility for Iraq’s internal secu- brigades to support Baghdad operations. otherwise made available for the ‘‘Economic rity and halting sectarian violence rests with (x) Providing Iraqi commanders with all au- Support Fund’’ and available for Iraq may be the sovereign Government of Iraq. thorities to execute this plan and to make tac- obligated or expended unless and until the

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00221 Fmt 0624 Sfmt 6333 E:\CR\FM\A24MY6.064 S24MYPT1 bajohnson on PRODPC74 with SENATE S6798 CONGRESSIONAL RECORD — SENATE May 24, 2007 President of the United States certifies in the re- available until September 30, 2008: Provided, available until September 30, 2008, of which port outlined in subsection (b)(2)(A) and makes That notwithstanding any other provision of $64,655,000 for World Wide Security Upgrades is a further certification in the report outlined in law, such funds may be obligated and expended available until expended: Provided, That of the subsection (b)(2)(D) that Iraq is making progress to carry out planning and design and military funds appropriated under this heading, not on each of the benchmarks set forth in sub- construction projects not otherwise authorized more than $20,000,000 shall be made available section (b)(1)(A). by law: Provided further, That of the funds pro- for public diplomacy programs: Provided fur- (2) WAIVER AUTHORITY.—The President may vided under this heading, not to exceed ther, That prior to the obligation of funds pur- waive the requirements of this section if he sub- $173,700,000 shall be available for study, plan- suant to the previous proviso, the Secretary of mits to Congress a written certification setting ning, design, and architect and engineer serv- State shall submit a report to the Committees on forth a detailed justification for the waiver, ices: Provided further, That of the funds made Appropriations describing a comprehensive pub- which shall include a detailed report describing available under this heading, $369,690,000 shall lic diplomacy strategy, with goals and expected the actions being taken by the United States to not be obligated or expended until the Secretary results, for fiscal years 2007 and 2008: Provided bring the Iraqi government into compliance with of Defense submits a detailed report explaining further, That 20 percent of the amount available the benchmarks set forth in subsection (b)(1)(A). how military road construction is coordinated for Iraq operations shall not be obligated until The certification shall be submitted in unclassi- with NATO and coalition nations: Provided fur- the Committees on Appropriations receive and fied form, but may include a classified annex. ther, That of the funds made available under approve a detailed plan for expenditure, pre- (d) REDEPLOYMENT OF U.S. FORCES FROM this heading, $401,700,000 shall not be obligated pared by the Secretary of State, and submitted IRAQ.—The President of the United States, in or expended until the Secretary of Defense sub- within 60 days after the date of enactment of respecting the sovereign rights of the nation of mits a detailed stationing plan to support Army this Act: Provided further, That of the amount Iraq, shall direct the orderly redeployment of end-strength growth to the Committees on Ap- made available under this heading for Iraq, not elements of U.S. forces from Iraq, if the compo- propriations of the House of Representatives to exceed $20,000,000 may be transferred to, and nents of the Iraqi government, acting in strict and the Senate: Provided further, That of the merged with, funds in the ‘‘Emergencies in the accordance with their respective powers given funds provided under this heading, $274,800,000 Diplomatic and Consular Service’’ appropria- by the Iraqi Constitution, reach a consensus as shall not be obligated or expended until the Sec- tions account, to be available only for terrorism recited in a resolution, directing a redeployment retary of Defense certifies that none of the rewards. of U.S. forces. funds are to be used for the purpose of pro- OFFICE OF THE INSPECTOR GENERAL (e) INDEPENDENT ASSESSMENTS.— viding facilities for the permanent basing of (INCLUDING TRANSFER OF FUNDS) (1) ASSESSMENT BY THE COMPTROLLER GEN- United States military personnel in Iraq. For an additional amount for ‘‘Office of In- ERAL.— MILITARY CONSTRUCTION, NAVY AND MARINE spector General’’, $35,000,000, to remain avail- (A) Not later than September 1, 2007, the CORPS able until December 31, 2008: Provided, That Comptroller General of the United States shall For an additional amount for ‘‘Military Con- such amount shall be transferred to the Special submit to Congress an independent report set- struction, Navy and Marine Corps’’, Inspector General for Iraq Reconstruction for ting forth— $370,990,000, to remain available until September reconstruction oversight. (i) the status of the achievement of the bench- 30, 2008: Provided, That notwithstanding any marks specified in subsection (b)(1)(A); and other provision of law, such funds may be obli- EDUCATIONAL AND CULTURAL EXCHANGE (ii) the Comptroller General’s assessment of gated and expended to carry out planning and PROGRAMS whether or not each such benchmark has been design and military construction projects not For an additional amount for ‘‘Educational met. otherwise authorized by law: Provided further, and Cultural Exchange Programs’’, $20,000,000, (2) ASSESSMENT OF THE CAPABILITIES OF IRAQI That of the funds provided under this heading, to remain available until expended. SECURITY FORCES.— not to exceed $49,600,000 shall be available for INTERNATIONAL ORGANIZATIONS (A) IN GENERAL.—There is hereby authorized to be appropriated for the Department of De- study, planning, design, and architect and engi- CONTRIBUTIONS FOR INTERNATIONAL fense, $750,000, that the Department, in turn, neer services: Provided further, That of the PEACEKEEPING ACTIVITIES funds made available under this heading, will commission an independent, private sector For an additional amount for ‘‘Contributions $324,270,000 shall not be obligated or expended entity, which operates as a 501(c)(3), with recog- for International Peacekeeping Activities’’, until the Secretary of Defense submits a detailed nized credentials and expertise in military af- $283,000,000, to remain available until September stationing plan to support Marine Corps end- fairs, to prepare an independent report assess- 30, 2008. strength growth to the Committees on Appro- ing the following: RELATED AGENCY (i) The readiness of the Iraqi Security Forces priations of the House of Representatives and (ISF) to assume responsibility for maintaining the Senate. BROADCASTING BOARD OF GOVERNORS the territorial integrity of Iraq, denying inter- MILITARY CONSTRUCTION, AIR FORCE INTERNATIONAL BROADCASTING OPERATIONS national terrorists a safe haven, and bringing For an additional amount for ‘‘Military Con- For an additional amount for ‘‘International greater security to Iraq’s 18 provinces in the struction, Air Force’’, $43,300,000, to remain Broadcasting Operations’’ for activities related next 12 to 18 months, and bringing an end to available until September 30, 2008: Provided, to broadcasting to the Middle East, $10,000,000, sectarian violence to achieve national reconcili- That notwithstanding any other provision of to remain available until September 30, 2008. ation. law, such funds may be obligated and expended BILATERAL ECONOMIC ASSISTANCE (ii) The training, equipping, command, control to carry out planning and design and military and intelligence capabilities, and logistics ca- construction projects not otherwise authorized FUNDS APPROPRIATED TO THE PRESIDENT pacity of the ISF. by law: Provided further, That of the funds pro- UNITED STATES AGENCY FOR INTERNATIONAL (iii) The likelihood that, given the ISF’s vided under this heading, not to exceed DEVELOPMENT record of preparedness to date, following years $3,000,000 shall be available for study, planning, CHILD SURVIVAL AND HEALTH PROGRAMS FUND of training and equipping by U.S. forces, the design, and architect and engineer services. (INCLUDING TRANSFER OF FUNDS) continued support of U.S. troops will contribute GENERAL PROVISION—THIS CHAPTER For an additional amount for ‘‘Child Survival to the readiness of the ISF to fulfill the missions SEC. 1501. (a) Funds provided in this Act for outlined in clause (i). and Health Programs Fund’’, $161,000,000, to re- the following accounts shall be made available main available until September 30, 2008: Pro- (B) REPORT.—Not later than 120 days after for programs under the conditions contained in the enactment of this Act, the designated pri- vided, That notwithstanding any other provi- the language of the joint explanatory statement sion of law, if the President determines and re- vate sector entity shall provide an unclassified of managers accompanying the conference re- report, with a classified annex, containing its ports to the Committees on Appropriations that port on H.R. 1591 of the 110th Congress (H. the human-to-human transmission of the avian findings, to the House and Senate Committees Rept. 110–107): on Armed Services, Appropriations, Foreign Re- influenza virus is efficient and sustained, and is ‘‘Military Construction, Army’’. spreading internationally, funds made available lations/International Relations, and Intel- ‘‘Military Construction, Navy and Marine under the heading ‘‘Millennium Challenge Cor- ligence. Corps’’. poration’’ and ‘‘Global HIV/AIDS Initiative’’ in ‘‘Military Construction, Air Force’’. CHAPTER 4 prior Acts making appropriations for foreign op- DEPARTMENT OF ENERGY (b) The Secretary of Defense shall submit all reports requested in House Report 110–60 and erations, export financing, and related programs ATOMIC ENERGY DEFENSE ACTIVITIES Senate Report 110–37 to the Committees on Ap- may be transferred to, and merged with, funds NATIONAL NUCLEAR SECURITY ADMINISTRATION propriations of both Houses of Congress. made available under this heading to combat avian influenza: Provided further, That funds DEFENSE NUCLEAR NONPROLIFERATION CHAPTER 6 made available pursuant to the authority of the For an additional amount for ‘‘Defense Nu- DEPARTMENT OF STATE AND RELATED previous proviso shall be subject to the regular clear Nonproliferation’’, $63,000,000, to remain AGENCY notification procedures of the Committees on available until expended. DEPARTMENT OF STATE Appropriations. CHAPTER 5 ADMINISTRATION OF FOREIGN AFFAIRS INTERNATIONAL DISASTER AND FAMINE DEPARTMENT OF DEFENSE DIPLOMATIC AND CONSULAR PROGRAMS ASSISTANCE MILITARY CONSTRUCTION, ARMY (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘International For an additional amount for ‘‘Military Con- For an additional amount for ‘‘Diplomatic Disaster and Famine Assistance’’, $105,000,000, struction, Army’’, $1,255,890,000, to remain and Consular Programs’’, $836,555,000, to remain to remain available until expended.

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00222 Fmt 0624 Sfmt 6333 E:\CR\FM\A24MY6.064 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6799

OPERATING EXPENSES OF THE UNITED STATES DEPARTMENT OF THE TREASURY reau of Investigation’s Use of National Security AGENCY FOR INTERNATIONAL DEVELOPMENT INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE Letters’’, of which $500,000 shall be transferred For an additional amount for ‘‘Operating Ex- For an additional amount for ‘‘International to and merged with ‘‘Department of Justice, Of- penses of the United States Agency for Inter- Affairs Technical Assistance’’, $2,750,000, to re- fice of the Inspector General’’. national Development’’, $5,700,000, to remain main available until September 30, 2008. DRUG ENFORCEMENT ADMINISTRATION available until September 30, 2008. MILITARY ASSISTANCE SALARIES AND EXPENSES OTHER BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT For an additional amount for ‘‘Salaries and ECONOMIC SUPPORT FUND Expenses’’, $3,698,000, to remain available until FOREIGN MILITARY FINANCING PROGRAM September 30, 2008. For an additional amount for ‘‘Economic Sup- For an additional amount for ‘‘Foreign Mili- GENERAL PROVISION—THIS CHAPTER port Fund’’, $2,502,000,000, to remain available tary Financing Program’’, $220,000,000, to re- until September 30, 2008: Provided, That of the main available until September 30, 2008. SEC. 3201. Funds provided in this Act for the funds appropriated under this heading, PEACEKEEPING OPERATIONS ‘‘Department of Justice, Federal Bureau of In- $57,400,000 shall be made available to non- vestigation, Salaries and Expenses’’, shall be For an additional amount for ‘‘Peacekeeping governmental organizations in Iraq for economic made available according to the language relat- Operations’’, $190,000,000, to remain available and social development programs and activities ing to such account in the joint explanatory until September 30, 2008: Provided, That not in areas of conflict: Provided further, That the statement accompanying the conference report later than 30 days after enactment of this Act responsibility for policy decisions and justifica- on H.R. 1591 of the 110th Congress (H. Rept. and every 30 days thereafter until September 30, tions for the use of funds appropriated by the 110–107). 2008, the Secretary of State shall submit a report previous proviso shall be the responsibility of CHAPTER 3 the United States Chief of Mission in Iraq: Pro- to the Committees on Appropriations detailing DEPARTMENT OF DEFENSE—MILITARY vided further, That none of the funds appro- the obligation and expenditure of funds made priated under this heading in this Act or in available under this heading in this Act and in MILITARY PERSONNEL prior Acts making appropriations for foreign op- prior Acts making appropriations for foreign op- MILITARY PERSONNEL, ARMY erations, export financing, and related programs erations, export financing, and related pro- grams. For an additional amount for ‘‘Military Per- may be made available for the Political Partici- sonnel, Army’’, $343,080,000. pation Fund and the National Institutions GENERAL PROVISION—THIS CHAPTER MILITARY PERSONNEL, NAVY Fund: Provided further, That of the funds made AUTHORIZATION OF FUNDS For an additional amount for ‘‘Military Per- available under the heading ‘‘Economic Support SEC. 1601. Funds appropriated by this Act sonnel, Navy’’, $408,283,000. Fund’’ in Public Law 109–234 for Iraq to pro- may be obligated and expended notwithstanding mote democracy, rule of law and reconciliation, section 10 of Public Law 91–672 (22 U.S.C. 2412), MILITARY PERSONNEL, MARINE CORPS $2,000,000 should be made available for the section 15 of the State Department Basic Au- For an additional amount for ‘‘Military Per- United States Institute of Peace for programs thorities Act of 1956 (22 U.S.C. 2680), section 313 sonnel, Marine Corps’’, $108,956,000. and activities in Afghanistan to remain avail- of the Foreign Relations Authorization Act, Fis- MILITARY PERSONNEL, AIR FORCE able until September 30, 2008. cal Years 1994 and 1995 (22 U.S.C. 6212), and For an additional amount for ‘‘Military Per- ASSISTANCE FOR EASTERN EUROPE AND THE section 504(a)(1) of the National Security Act of sonnel, Air Force’’, $139,300,000. BALTIC STATES 1947 (50 U.S.C. 414(a)(1)). RESERVE PERSONNEL, NAVY For an additional amount for ‘‘Assistance for TITLE II—HURRICANE KATRINA Eastern Europe and the Baltic States’’, RECOVERY For an additional amount for ‘‘Reserve Per- sonnel, Navy’’, $8,223,000. $214,000,000, to remain available until September DEPARTMENT OF HOMELAND SECURITY 30, 2008, for assistance for Kosovo. RESERVE PERSONNEL, MARINE CORPS FEDERAL EMERGENCY MANAGEMENT AGENCY DEPARTMENT OF STATE For an additional amount for ‘‘Reserve Per- DISASTER RELIEF DEMOCRACY FUND sonnel, Marine Corps’’, $5,660,000. For an additional amount for ‘‘Disaster Re- RESERVE PERSONNEL, AIR FORCE For an additional amount for ‘‘Democracy lief’’, $3,400,000,000, to remain available until Fund’’, $255,000,000, to remain available until expended. For an additional amount for ‘‘Reserve Per- September 30, 2008: Provided, That of the funds sonnel, Air Force’’, $6,073,000. TITLE III—ADDITIONAL DEFENSE, INTER- appropriated under this heading, not less than NATIONAL GUARD PERSONNEL, ARMY $190,000,000 shall be made available for the NATIONAL AFFAIRS, AND HOMELAND For an additional amount for ‘‘National Human Rights and Democracy Fund of the Bu- SECURITY PROVISIONS Guard Personnel, Army’’, $109,261,000. reau of Democracy, Human Rights, and Labor, CHAPTER 1 Department of State, and not less than DEPARTMENT OF AGRICULTURE NATIONAL GUARD PERSONNEL, AIR FORCE $60,000,000 shall be made available for the FOREIGN AGRICULTURAL SERVICE For an additional amount for ‘‘National United States Agency for International Develop- Guard Personnel, Air Force’’, $19,533,000. PUBLIC LAW 480 TITLE II GRANTS ment, for democracy, human rights and rule of OPERATION AND MAINTENANCE law programs in Iraq: Provided further, That For an additional amount for ‘‘Public Law OPERATION AND MAINTENANCE, NAVY not later than 60 days after enactment of this 480 Title II Grants’’, during the current fiscal Act, the Secretary of State shall submit a report year, not otherwise recoverable, and unre- For an additional amount for ‘‘Operation and to the Committees on Appropriations describing covered prior years’ costs, including interest Maintenance, Navy’’, $24,000,000. a comprehensive, long-term strategy, with goals thereon, under the Agricultural Trade Develop- STRATEGIC RESERVE READINESS FUND ment and Assistance Act of 1954, for commod- and expected results, for strengthening and ad- (INCLUDING TRANSFER OF FUNDS) vancing democracy in Iraq. ities supplied in connection with dispositions abroad under title II of said Act, $100,000,000, to In addition to amounts provided in this or INTERNATIONAL NARCOTICS CONTROL AND LAW remain available until expended. any other Act, for training, operations, repair of ENFORCEMENT equipment, purchases of equipment, and other For an additional amount for ‘‘International GENERAL PROVISION—THIS CHAPTER expenses related to improving the readiness of Narcotics Control and Law Enforcement’’, SEC. 3101. There is hereby appropriated non-deployed United States military forces, $210,000,000, to remain available until September $10,000,000 to reimburse the Commodity Credit $1,615,000,000, to remain available until Sep- 30, 2008. Corporation for the release of eligible commod- tember 30, 2009; of which $1,000,000,000 shall be MIGRATION AND REFUGEE ASSISTANCE ities under section 302(f)(2)(A) of the Bill Emer- transferred to ‘‘National Guard and Reserve son Humanitarian Trust Act (7 U.S.C. 1736f–1): For an additional amount for ‘‘Migration and Equipment’’ for the purchase of equipment for Provided, That any such funds made available Refugee Assistance’’, $71,500,000, to remain the Army National Guard; and of which to reimburse the Commodity Credit Corporation available until September 30, 2008, of which not $615,000,000 shall be transferred by the Secretary shall only be used to replenish the Bill Emerson less than $5,000,000 shall be made available to of Defense only to appropriations for military Humanitarian Trust. rescue Iraqi scholars. personnel, operation and maintenance, procure- ment, and defense working capital funds to ac- UNITED STATES EMERGENCY REFUGEE AND CHAPTER 2 complish the purposes provided herein: Pro- MIGRATION ASSISTANCE FUND DEPARTMENT OF JUSTICE vided, That the funds transferred shall be For an additional amount for ‘‘United States FEDERAL BUREAU OF INVESTIGATION merged with and shall be available for the same Emergency Refugee and Migration Assistance SALARIES AND EXPENSES purposes and for the same time period as the ap- Fund’’, $30,000,000, to remain available until ex- For an additional amount for ‘‘Salaries and propriation to which transferred: Provided fur- pended. Expenses’’, $139,740,000, of which $129,740,000 is ther, That the Secretary of Defense shall, not NONPROLIFERATION, ANTI-TERRORISM, DEMINING to remain available until September 30, 2008 and fewer than 30 days prior to making transfers AND RELATED PROGRAMS $10,000,000 is to remain available until expended under this authority, notify the congressional For an additional amount for ‘‘Nonprolifera- to implement corrective actions in response to defense committees in writing of the details of tion, Anti-Terrorism, Demining and Related the findings and recommendations in the De- any such transfers made pursuant to this au- Programs’’, $27,500,000, to remain available until partment of Justice Office of Inspector General thority: Provided further, That funds shall be September 30, 2008. report entitled, ‘‘A Review of the Federal Bu- transferred to the appropriation accounts not

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00223 Fmt 0624 Sfmt 6333 E:\CR\FM\A24MY6.064 S24MYPT1 bajohnson on PRODPC74 with SENATE S6800 CONGRESSIONAL RECORD — SENATE May 24, 2007 later than 120 days after the enactment of this to implement the United Nations Convention fense in this Act for operation and maintenance Act: Provided further, That the transfer author- Against Torture and Other Cruel, Inhuman or shall be available for obligation unless and until ity provided in this paragraph is in addition to Degrading Treatment or Punishment (done at the Secretary of Defense submits to the congres- any other transfer authority available to the New York on December 10, 1984)— sional defense committees a report detailing the Department of Defense: Provided further, That (1) section 2340A of title 18, United States use of Department of Defense funded service upon a determination that all or part of the Code; contracts conducted in the theater of operations funds transferred from this appropriation are (2) section 2242 of the Foreign Affairs Reform in support of United States military and recon- not necessary for the purposes provided herein, and Restructuring Act of 1998 (division G of struction activities in Iraq and Afghanistan: such amounts may be transferred back to this Public Law 105–277; 112 Stat. 2681–822; 8 U.S.C. Provided, That the report shall provide detailed appropriation. 1231 note) and regulations prescribed thereto, information specifying the number of contracts PROCUREMENT including regulations under part 208 of title 8, and contract costs used to provide services in Code of Federal Regulations, and part 95 of title fiscal year 2006, with sub-allocations by major OTHER PROCUREMENT, ARMY 22, Code of Federal Regulations; and service categories: Provided further, That the re- For an additional amount for ‘‘Other Procure- (3) sections 1002 and 1003 of the Department of port also shall include estimates of the number ment, Army’’, $1,217,000,000, to remain available Defense, Emergency Supplemental Appropria- of contracts to be executed in fiscal year 2007: until September 30, 2009: Provided, That the tions to Address Hurricanes in the Gulf of Mex- Provided further, That the report shall include amount provided under this heading shall be ico, and Pandemic Influenza Act, 2006 (Public the number of contractor personnel in Iraq and available only for the purchase of mine resistant Law 109–148). Afghanistan funded by the Department of De- ambush protected vehicles. SEC. 3303. (a) REPORT BY SECRETARY OF DE- fense: Provided further, That the report shall be OTHER PROCUREMENT, NAVY FENSE.—Not later than 30 days after the date of submitted to the congressional defense commit- For an additional amount for ’’Other Procure- the enactment of this Act, the Secretary of De- tees not later than August 1, 2007. ment, Navy’’, $130,040,000, to remain available fense shall submit to the congressional defense SEC. 3306. Section 1477 of title 10, United until September 30, 2009: Provided, That the committees a report that contains individual States Code, is amended— amount provided under this heading shall be transition readiness assessments by unit of Iraq (1) in subsection (a), by striking ‘‘A death gra- available only for the purchase of mine resistant and Afghan security forces. The Secretary of tuity’’ and inserting ‘‘Subject to subsection (d), ambush protected vehicles. Defense shall submit to the congressional de- a death gratuity’’; fense committees updates of the report required PROCUREMENT, MARINE CORPS (2) by redesignating subsection (d) as sub- by this subsection every 90 days after the date For an additional amount for ‘‘Procurement, section (e) and, in such subsection, by striking of the submission of the report until October 1, ‘‘If an eligible survivor dies before he’’ and in- Marine Corps’’, $1,263,360,000, to remain avail- 2008. The report and updates of the report re- able until September 30, 2009: Provided, That the serting ‘‘If a person entitled to all or a portion quired by this subsection shall be submitted in of a death gratuity under subsection (a) or (d) amount provided under this heading shall be classified form. available only for the purchase of mine resistant dies before the person’’; and (b) REPORT BY OMB.— (3) by inserting after subsection (c) the fol- ambush protected vehicles. (1) The Director of the Office of Management lowing new subsection (d): OTHER PROCUREMENT, AIR FORCE and Budget, in consultation with the Secretary ‘‘(d) During the period beginning on the date of Defense; the Commander, Multi-National Se- For an additional amount for ‘‘Other Procure- of the enactment of this subsection and ending curity Transition Command—Iraq; and the ment, Air Force’’, $139,040,000, to remain avail- on September 30, 2007, a person covered by sec- Commander, Combined Security Transition able until September 30, 2009: Provided, That the tion 1475 or 1476 of this title may designate an- Command—Afghanistan, shall submit to the amount provided under this heading shall be other person to receive not more than 50 percent congressional defense committees not later than available only for the purchase of mine resistant of the amount payable under section 1478 of this 120 days after the date of the enactment of this ambush protected vehicles. title. The designation shall indicate the percent- Act and every 90 days thereafter a report on the PROCUREMENT, DEFENSE-WIDE age of the amount, to be specified only in 10 per- proposed use of all funds under each of the cent increments up to the maximum of 50 per- For an additional amount for ‘‘Procurement, headings ‘‘Iraq Security Forces Fund’’ and ‘‘Af- cent, that the designated person may receive. Defense-Wide’’, $258,860,000, to remain available ghanistan Security Forces Fund’’ on a project- The balance of the amount of the death gratuity until September 30, 2009: Provided, That the by-project basis, for which the obligation of shall be paid to or for the living survivors of the amount provided under this heading shall be funds is anticipated during the three-month pe- person concerned in accordance with para- available only for the purchase of mine resistant riod from such date, including estimates by the graphs (1) through (5) of subsection (a).’’. ambush protected vehicles. commanders referred to in this paragraph of the SEC. 3307. (a) INSPECTION OF MILITARY MED- OTHER DEPARTMENT OF DEFENSE costs required to complete each such project. PROGRAMS (2) The report required by this subsection ICAL TREATMENT FACILITIES, MILITARY QUAR- TERS HOUSING MEDICAL HOLD PERSONNEL, AND DEFENSE HEALTH PROGRAM shall include the following: MILITARY QUARTERS HOUSING MEDICAL HOLD- (INCLUDING TRANSFER OF FUNDS) (A) The use of all funds on a project-by- project basis for which funds appropriated OVER PERSONNEL.— For an additional amount for ‘‘Defense (1) IN GENERAL.—Not later than 180 days after Health Program’’, $1,878,706,000; of which under the headings referred to in paragraph (1) were obligated prior to the submission of the re- the date of the enactment of this Act, and annu- $1,429,006,000 shall be for operation and mainte- ally thereafter, the Secretary of Defense shall nance, including $600,000,000 which shall be port, including estimates by the commanders re- ferred to in paragraph (1) of the costs to com- inspect each facility of the Department of De- available for the treatment of traumatic brain fense as follows: injury and post-traumatic stress disorder and plete each project. (B) The use of all funds on a project-by- (A) Each military medical treatment facility. remain available until September 30, 2008; of project basis for which funds were appropriated (B) Each military quarters housing medical which $118,000,000 shall be for procurement, to under the headings referred to in paragraph (1) hold personnel. remain available until September 30, 2009; and in prior appropriations Acts, or for which funds (C) Each military quarters housing medical of which $331,700,000 shall be for research, de- were made available by transfer, reprogram- holdover personnel. velopment, test and evaluation, to remain avail- ming, or allocation from other headings in prior (2) PURPOSE.—The purpose of an inspection able until September 30, 2008: Provided, That if appropriations Acts, including estimates by the under this subsection is to ensure that the facil- the Secretary of Defense determines that funds commanders referred to in paragraph (1) of the ity or quarters concerned meets acceptable made available in this paragraph for the treat- costs to complete each project. standards for the maintenance and operation of ment of traumatic brain injury and post-trau- (C) An estimated total cost to train and equip medical facilities, quarters housing medical hold matic stress disorder are in excess of the require- the Iraq and Afghan security forces, personnel, or quarters housing medical holdover ments of the Department of Defense, the Sec- disaggregated by major program and sub-ele- personnel, as applicable. retary may transfer amounts in excess of that ments by force, arrayed by fiscal year. (b) ACCEPTABLE STANDARDS.—For purposes of requirement to the Department of Veterans Af- (c) NOTIFICATION.—The Secretary of Defense this section, acceptable standards for the oper- fairs to be available only for the same purpose. shall notify the congressional defense commit- ation and maintenance of military medical GENERAL PROVISIONS—THIS CHAPTER tees of any proposed new projects or transfers of treatment facilities, military quarters housing SEC. 3301. None of the funds appropriated or funds between sub-activity groups in excess of medical hold personnel, or military quarters otherwise made available by this or any other $15,000,000 using funds appropriated by this Act housing medical holdover personnel are each of Act shall be obligated or expended by the United under the headings ‘‘Iraq Security Forces the following: States Government for a purpose as follows: Fund’’ and ‘‘Afghanistan Security Forces (1) Generally accepted standards for the ac- (1) To establish any military installation or Fund’’. creditation of medical facilities, or for facilities base for the purpose of providing for the perma- SEC. 3304. None of the funds appropriated or used to quarter individuals with medical condi- nent stationing of United States Armed Forces otherwise made available by this Act may be ob- tions that may require medical supervision, as in Iraq. ligated or expended to provide award fees to any applicable, in the United States. (2) To exercise United States control over any defense contractor contrary to the provisions of (2) Where appropriate, standards under the oil resource of Iraq. section 814 of the National Defense Authoriza- Americans with Disabilities Act of 1990 (42 SEC. 3302. None of the funds made available in tion Act, Fiscal Year 2007 (Public Law 109–364). U.S.C. 12101 et seq.). this Act may be used in contravention of the fol- SEC. 3305. Not more than 85 percent of the (c) ADDITIONAL INSPECTIONS ON IDENTIFIED lowing laws enacted or regulations promulgated funds appropriated to the Department of De- DEFICIENCIES.—

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(1) IN GENERAL.—In the event a deficiency is CHAPTER 4 the Northern Border, including the final North- identified pursuant to subsection (a) at a facil- DEPARTMENT OF ENERGY ern Border air wing, $75,000,000, to remain ity or quarters described in paragraph (1) of ATOMIC ENERGY DEFENSE ACTIVITIES available until September 30, 2008, to accelerate that subsection— planned deployment of Northern Border Air and ATIONAL NUCLEAR SECURITY ADMINISTRATION (A) the commander of such facility or quar- N Marine operations, including establishment of ters, as applicable, shall submit to the Secretary DEFENSE NUCLEAR NONPROLIFERATION the final Northern Border airwing, procurement a detailed plan to correct the deficiency; and For an additional amount for ‘‘Defense Nu- of assets such as fixed wing aircraft, helicopters, (B) the Secretary shall reinspect such facility clear Nonproliferation’’, $72,000,000 is provided unmanned aerial systems, marine and riverine or quarters, as applicable, not less often than for the International Nuclear Materials Protec- vessels, and other equipment, relocation of air- once every 180 days until the deficiency is cor- tion and Cooperation Program, to remain avail- craft, site acquisition, and the design and build- rected. able until expended. ing of facilities: Provided, That the Secretary (2) CONSTRUCTION WITH OTHER INSPECTIONS.— GENERAL PROVISION—THIS CHAPTER shall submit an expenditure plan for the use of An inspection of a facility or quarters under (TRANSFER OF FUNDS) these funds to the Committees on Appropriations of the Senate and the House of Representatives this subsection is in addition to any inspection SEC. 3401. The Administrator of the National no later than 30 days after enactment of this of such facility or quarters under subsection (a). Nuclear Security Administration is authorized Act. (d) REPORTS ON INSPECTIONS.—A complete to transfer up to $1,000,000 from Defense Nu- copy of the report on each inspection conducted clear Nonproliferation to the Office of the Ad- UNITED STATES IMMIGRATION AND CUSTOMS under subsections (a) and (c) shall be submitted ministrator during fiscal year 2007 supporting ENFORCEMENT in unclassified form to the applicable military nuclear nonproliferation activities. SALARIES AND EXPENSES medical command and to the congressional de- CHAPTER 5 For an additional amount for ‘‘Salaries and fense committees. Expenses’’, $6,000,000, to remain available until DEPARTMENT OF HOMELAND SECURITY (e) REPORT ON STANDARDS.—In the event no September 30, 2008; of which $5,000,000 shall be standards for the maintenance and operation of ANALYSIS AND OPERATIONS for the creation of a security advisory opinion military medical treatment facilities, military For an additional amount for ‘‘Analysis and unit within the Visa Security Program; and of quarters housing medical hold personnel, or Operations’’, $8,000,000, to remain available which $1,000,000 shall be for the Human Smug- military quarters housing medical holdover per- until September 30, 2008, to be used for support gling and Trafficking Center. sonnel exist as of the date of the enactment of of the State and Local Fusion Center program: TRANSPORTATION SECURITY ADMINISTRATION Provided, That starting July 1, 2007, the Sec- this Act, or such standards as do exist do not AVIATION SECURITY retary of Homeland Security shall submit quar- meet acceptable standards for the maintenance For an additional amount for ‘‘Aviation Secu- terly reports to the Committees on Appropria- and operation of such facilities or quarters, as rity’’, $390,000,000; of which $285,000,000 shall be tions of the Senate and the House of Represent- the case may be, the Secretary shall, not later for procurement and installation of checked atives detailing the information required in than 30 days after that date, submit to the con- baggage explosives detection systems, to remain House Report 110–107. gressional defense committees a report setting available until expended; of which $25,000,000 forth the plan of the Secretary to ensure— UNITED STATES CUSTOMS AND BORDER shall be for checkpoint explosives detection (1) the adoption by the Department of stand- PROTECTION equipment and pilot screening technologies, to ards for the maintenance and operation of mili- SALARIES AND EXPENSES remain available until expended; and of which tary medical facilities, military quarters housing (INCLUDING TRANSFER OF FUNDS) $80,000,000 shall be for air cargo security, to re- medical hold personnel, or military quarters For an additional amount for ‘‘Salaries and main available until September 30, 2009: Pro- housing medical holdover personnel, as applica- vided, That of the air cargo funding made avail- ble, that meet— Expenses’’, $75,000,000, to remain available until September 30, 2008, to support hiring not less able under this heading, the Transportation Se- (A) acceptable standards for the maintenance than 400 additional United States Customs and curity Administration shall hire no fewer than and operation of such facilities or quarters, as Border Protection Officers, as well as additional 150 additional air cargo inspectors to establish a the case may be; and intelligence analysts, trade specialists, and sup- more robust enforcement and compliance pro- (B) where appropriate, standards under the port staff to target and screen U.S.-bound cargo gram; complete air cargo vulnerability assess- Americans with Disabilities Act of 1990; and on the Northern Border, at overseas locations, ments for all Category X airports; expand the (2) the comprehensive implementation of the and at the National Targeting Center; to sup- National Explosives Detection Canine Program standards adopted under paragraph (1) at the port hiring additional staffing required for by no fewer than 170 additional canine teams, earliest date practicable. Northern Border Air and Marine operations; to including the use of agency led teams; pursue SEC. 3308. (a) AWARD OF MEDAL OF HONOR TO implement Security and Accountability For canine screening methods utilized internation- WOODROW W. KEEBLE FOR VALOR DURING KO- Every Port Act of 2006 (Public Law 109–347) re- ally that focus on air samples; and procure and REAN WAR.—Notwithstanding any applicable quirements; to advance the goals of the Secure install explosive detection systems, explosive time limitation under section 3744 of title 10, Freight Initiative to improve significantly the trace machines, and other technologies to screen United States Code, or any other time limitation ability of United States Customs and Border air cargo: Provided further, That no later than with respect to the award of certain medals to Protection to target and analyze U.S.-bound 90 days after the date of enactment of this Act, individuals who served in the Armed Forces, the cargo containers; to expand overseas screening the Secretary shall provide the Committees on President may award to Woodrow W. Keeble the and physical inspection capacity for U.S.-bound Appropriations of the Senate and the House of Medal of Honor under section 3741 of that title cargo; to procure and integrate non-intrusive Representatives an expenditure plan detailing for the acts of valor described in subsection (b). inspection equipment into inspection and radi- how the Transportation Security Administration (b) ACTS OF VALOR.—The acts of valor re- ation detection operations; and to improve sup- will utilize funding provided under this head- ferred to in subsection (a) are the acts of Wood- ply chain security, to include enhanced analytic ing. row W. Keeble, then-acting platoon leader, car- and targeting systems using data collected via FEDERAL AIR MARSHALS ried out on October 20, 1951, during the Korean commercial and government technologies and For an additional amount for ‘‘Federal Air War. databases: Provided, That up to $3,000,000 shall Marshals’’, $5,000,000, to remain available until (TRANSFER OF FUNDS) be transferred to Federal Law Enforcement September 30, 2008: Provided, That no later than SEC. 3309. Of the amount appropriated under Training Center ‘‘Salaries and Expenses’’, for 30 days after enactment of this Act, the Sec- the heading ‘‘Other Procurement, Army’’, in basic training costs associated with the addi- retary shall provide the Committees on Appro- title III of division A of Public Law 109–148, tional personnel funded under this heading: priations of the Senate and the House of Rep- $6,250,000 shall be transferred to ‘‘Military Con- Provided further, That the Secretary shall sub- resentatives a report on how these additional struction, Army’’. mit an expenditure plan for the use of these funds will be allocated. SEC. 3310. The Secretary of Defense, notwith- funds to the Committees on Appropriations of NATIONAL PROTECTION AND PROGRAMS standing any other provision of law, acting the Senate and the House of Representatives no INFRASTRUCTURE PROTECTION AND INFORMATION through the Office of Economic Adjustment or later than 30 days after enactment of this Act: SECURITY the Office of Dependents Education of the De- Provided further, That the Secretary shall no- For an additional amount for ‘‘Infrastructure partment of Defense, shall use not less than tify the Committees on Appropriations of the Protection and Information Security’’, $10,000,000 of funds made available in this Act Senate and the House of Representatives imme- $24,000,000, to remain available until September under the heading ‘‘Operation and Mainte- diately if United States Customs and Border 30, 2008; of which $12,000,000 shall be for devel- nance, Defense-Wide’’ to make grants and sup- Protection does not expect to achieve its plan of opment of State and local interoperability plans plement other Federal funds to provide special having at least 1,158 Border Patrol agents per- as discussed in House Report 110–107; and of assistance to local education agencies. manently deployed to the Northern Border by which $12,000,000 shall be for implementation of SEC. 3311. Congress finds that United States the end of fiscal year 2007, and explain in detail chemical facility security regulations: Provided, military units should not enter into combat un- the reasons for any shortfall. That within 30 days of the date of enactment of less they are fully capable of performing their AIR AND MARINE INTERDICTION, OPERATIONS, this Act the Secretary of Homeland Security assigned mission. Congress further finds that MAINTENANCE, AND PROCUREMENT shall submit to the Committees on Appropria- this is the policy of the Department of Defense. For an additional amount for ‘‘Air and Ma- tions of the Senate and the House of Represent- The Secretary of Defense shall notify Congress rine Interdiction, Operations, Maintenance, and atives detailed expenditure plans for execution of any changes to this policy. Procurement’’, for air and marine operations on of these funds: Provided further, That within 30

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days of the date of enactment of this Act, the UNITED STATES CITIZENSHIP AND IMMIGRATION CHAPTER 7 Secretary of Homeland Security shall submit to SERVICES DEPARTMENT OF DEFENSE the Committees on Appropriations of the Senate For an additional amount for expenses of DEPARTMENT OF DEFENSE BASE CLOSURE and the House of Representatives a report on ‘‘United States Citizenship and Immigration ACCOUNT 2005 the computer forensics training center detailing Services’’ to address backlogs of security checks For deposit into the Department of Defense the information required in House Report 110– associated with pending applications and peti- 107. Base Closure Account 2005, established by sec- tions, $8,000,000, to remain available until Sep- tion 2906A(a)(1) of the Defense Base Closure OFFICE OF HEALTH AFFAIRS tember 30, 2008: Provided, That none of the and Realignment Act of 1990 (10 U.S.C. 2687 For expenses for the ‘‘Office of Health Af- funds made available under this heading shall note), $3,136,802,000, to remain available until fairs’’, $8,000,000, to remain available until Sep- be available for obligation until the Secretary of expended: Provided, That within 30 days of the tember 30, 2008: Provided, That of the amount Homeland Security, in consultation with the enactment of this Act, the Secretary of Defense made available under this heading, $5,500,000 is United States Attorney General, submits to the shall submit a detailed spending plan to the for nuclear event public health assessment and Committees on Appropriations of the Senate and Committees on Appropriations of the House of planning: Provided further, That the Office of the House of Representatives a plan to eliminate Representatives and the Senate. the backlog of security checks that establishes Health Affairs shall conduct a nuclear event GENERAL PROVISIONS—THIS CHAPTER public health assessment as described in House information sharing protocols to ensure United Report 110–107: Provided further, That none of States Citizenship and Immigration Services has SEC. 3701. Notwithstanding any other provi- the funds made available under this heading the information it needs to carry out its mission. sion of law, none of the funds in this or any other Act may be used to close Walter Reed may be obligated until the Committees on Ap- SCIENCE AND TECHNOLOGY propriations of the Senate and the House of Army Medical Center until equivalent medical Representatives receive a plan for expenditure. RESEARCH, DEVELOPMENT, ACQUISITION, AND facilities at the Walter Reed National Military OPERATIONS Medical Center at Naval Medical Center, Be- FEDERAL EMERGENCY MANAGEMENT AGENCY For an additional amount for ‘‘Research, De- thesda, Maryland, and/or the Fort Belvoir, Vir- MANAGEMENT AND ADMINISTRATION velopment, Acquisition, and Operations’’ for air ginia, Community Hospital have been con- For expenses for management and administra- cargo security research, $5,000,000, to remain structed and equipped: Provided, That to ensure tion of the Federal Emergency Management available until expended. that the quality of care provided by the Military Agency (‘‘FEMA’’), $14,000,000, to remain avail- Health System is not diminished during this DOMESTIC NUCLEAR DETECTION OFFICE able until September 30, 2008: Provided, That of transition, the Walter Reed Army Medical Cen- the amount made available under this heading, RESEARCH, DEVELOPMENT, AND OPERATIONS ter shall be adequately funded, to include nec- $6,000,000 shall be for financial and information For an additional amount for ‘‘Research, De- essary renovation and maintenance of existing systems, $2,500,000 shall be for interstate mutual velopment, and Operations’’ for non-container, facilities, to maintain the maximum level of in- aid agreements, $2,500,000 shall be for FEMA rail, aviation and intermodal radiation detec- patient and outpatient services. Regional Office communication equipment, tion activities, $35,000,000, to remain available SEC. 3702. Notwithstanding any other provi- $2,500,000 shall be for FEMA strike teams, and until expended: Provided, That $5,000,000 is to sion of law, none of the funds in this or any $500,000 shall be for the Law Enforcement Liai- enhance detection links between seaports and other Act shall be used to reorganize or relocate son Office, the Disability Coordinator and the railroads as authorized in section 121(i) of the the functions of the Armed Forces Institute of National Advisory Council: Provided further, Security and Accountability For Every Port Act Pathology (AFIP) until the Secretary of Defense That none of such funds made available under of 2006 (Public Law 109–347); $8,000,000 is to ac- has submitted, not later than December 31, 2007, this heading may be obligated until the Commit- celerate development and deployment of detec- a detailed plan and timetable for the proposed tees on Appropriations of the Senate and the tion systems at international rail border cross- reorganization and relocation to the Committees House of Representatives receive and approve a ings; and $22,000,000 is for development and de- on Appropriations and Armed Services of the plan for expenditure: Provided further, That ployment of a variety of screening technologies Senate and House of Representatives. The plan unobligated amounts in the ‘‘Administrative at aviation facilities. shall take into consideration the recommenda- and Regional Operations’’ and ‘‘Readiness, SYSTEMS ACQUISITION tions of a study being prepared by the Govern- Mitigation, Response, and Recovery’’ accounts ment Accountability Office (GAO), provided For an additional amount for ‘‘Systems Acqui- shall be transferred to ‘‘Management and Ad- that such study is available not later than 45 sition’’, $100,000,000, to remain available until ministration’’ and may be used for any purpose days before the date specified in this section, on expended: Provided, That none of the funds ap- authorized for such amounts and subject to limi- the impact of dispersing selected functions of propriated under this heading shall be obligated tation on the use of such amounts. AFIP among several locations, and the possi- for full scale procurement of Advanced STATE AND LOCAL PROGRAMS bility of consolidating those functions at one lo- Spectroscopic Portal Monitors until the Sec- cation. The plan shall include an analysis of For an additional amount for ‘‘State and retary of Homeland Security has certified the options for the location and operation of the Local Programs’’, $247,000,000; of which through a report to the Committees on Appro- Program Management Office for second opinion $110,000,000 shall be for port security grants priations of the Senate and the House of Rep- consults that are consistent with the rec- pursuant to section 70107(l) of title 46, United resentatives that a significant increase in oper- ommendations of the Base Realignment and Clo- States Code to be awarded by September 30, ational effectiveness will be achieved. 2007, to tier 1, 2, 3, and 4 ports; of which sure Commission, together with the rationale for $100,000,000 shall be for intercity rail passenger GENERAL PROVISIONS—THIS CHAPTER the option selected by the Secretary. transportation, freight rail, and transit security SEC. 3501. None of the funds provided in this SEC. 3703. The Secretary of the Navy shall, grants to be awarded by September 30, 2007; of Act, or Public Law 109–295, shall be available to notwithstanding any other provision of law, which $35,000,000 shall be for regional grants carry out section 872 of Public Law 107–296. transfer to the Secretary of the Air Force, at no and regional technical assistance to tier one SEC. 3502. The Secretary of Homeland Security cost, all lands, easements, Air Installation Com- Urban Area Security Initiative cities and other shall require that all contracts of the Depart- patible Use Zones, and facilities at NASJRB participating governments for the purpose of de- ment of Homeland Security that provide award Willow Grove designated for operation as a veloping all-hazard regional catastrophic event fees link such fees to successful acquisition out- Joint Interagency Installation for use by the plans and preparedness, as described in House comes (which outcomes shall be specified in Pennsylvania National Guard and other De- Report 110–107; and of which $2,000,000 shall be terms of cost, schedule, and performance). partment of Defense components, government agencies, and associated users to perform na- for technical assistance for operation and main- CHAPTER 6 tenance training on detection and response tional defense, homeland security, and emer- equipment that must be competitively awarded: LEGISLATIVE BRANCH gency preparedness missions. Provided, That none of the funds made avail- HOUSE OF REPRESENTATIVES CHAPTER 8 able under this heading may be obligated for SALARIES AND EXPENSES DEPARTMENT OF STATE AND RELATED such regional grants and regional technical as- AGENCY sistance until the Committees on Appropriations For an additional amount for ‘‘Salaries and DEPARTMENT OF STATE of the Senate and the House of Representatives Expenses’’, $6,437,000, as follows: receive and approve a plan for expenditure: Pro- ALLOWANCES AND EXPENSES ADMINISTRATION OF FOREIGN AFFAIRS vided further, That the Federal Emergency For an additional amount for allowances and DIPLOMATIC AND CONSULAR PROGRAMS Management Agency shall provide the regional expenses as authorized by House resolution or (INCLUDING TRANSFER OF FUNDS) grants and regional technical assistance ex- law, $6,437,000 for business continuity and dis- For an additional amount for ‘‘Diplomatic penditure plan to the Committees on Appropria- aster recovery, to remain available until ex- and Consular Programs’’, $34,103,000, to remain tions of the Senate and the House of Represent- pended. available until September 30, 2008, of which atives on or before August 1, 2007: Provided fur- GOVERNMENT ACCOUNTABILITY OFFICE $31,845,000 for World Wide Security Upgrades is ther, That funds for such regional grants and available until expended: Provided, That of the regional technical assistance shall remain avail- SALARIES AND EXPENSES amount available under this heading, $258,000 able until September 30, 2008. For an additional amount for ‘‘Salaries and shall be transferred to, and merged with, funds EMERGENCY MANAGEMENT PERFORMANCE GRANTS Expenses’’ of the Government Accountability available in fiscal year 2007 for expenses for the For an additional amount for ‘‘Emergency Office, $374,000, to remain available until Sep- United States Commission on International Reli- Management Performance Grants’’, $50,000,000. tember 30, 2008. gious Freedom: Provided further, That within 15

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days of enactment of this Act, the Office of MILITARY ASSISTANCE DEBT RESTRUCTURING Management and Budget shall apportion FUNDS APPROPRIATED TO THE PRESIDENT SEC. 3803. Amounts appropriated for fiscal $15,000,000 from amounts appropriated or other- FOREIGN MILITARY FINANCING PROGRAM year 2007 for ‘‘Bilateral Economic Assistance— wise made available by chapter 8 of title II of di- For an additional amount for ‘‘Foreign Mili- Department of the Treasury—Debt Restruc- vision B of Public Law 109–148 under the head- tary Financing Program’’, $45,000,000, to remain turing’’ may be used to assist Liberia in retiring ing ‘‘Emergencies in the Diplomatic and Con- available until September 30, 2008. its debt arrearages to the International Mone- sular Service’’ to reimburse expenditures from PEACEKEEPING OPERATIONS tary Fund, the International Bank for Recon- that account in facilitating the evacuation of For an additional amount for ‘‘Peacekeeping struction and Development, and the African De- persons from Lebanon between July 16, 2006, Operations’’, $40,000,000, to remain available velopment Bank. and the date of enactment of this Act. until September 30, 2008: Provided, That funds GOVERNMENT ACCOUNTABILITY OFFICE OFFICE OF THE INSPECTOR GENERAL appropriated under this heading shall be made SEC. 3804. To facilitate effective oversight of For an additional amount for ‘‘Office of In- available, notwithstanding section 660 of the programs and activities in Iraq by the Govern- spector General’’, $1,500,000, to remain available Foreign Assistance Act of 1961, for assistance for ment Accountability Office (GAO), the Depart- until December 31, 2008. Liberia for security sector reform. ment of State shall provide GAO staff members GENERAL PROVISIONS—THIS CHAPTER the country clearances, life support, and INTERNATIONAL ORGANIZATIONS logistical and security support necessary for EXTENSION OF OVERSIGHT AUTHORITY CONTRIBUTIONS TO INTERNATIONAL GAO personnel to establish a presence in Iraq SEC. 3801. Section 3001(o)(1)(B) of the Emer- ORGANIZATIONS for periods of not less than 45 days. gency Supplemental Appropriations Act for De- HUMAN RIGHTS AND DEMOCRACY FUND For an additional amount for ‘‘Contributions fense and for the Reconstruction of Iraq and Af- SEC. 3805. The Assistant Secretary of State for to International Organizations’’, $50,000,000, to ghanistan, 2004 (Public Law 108–106; 117 Stat. Democracy, Human Rights, and Labor shall be remain available until September 30, 2008. 1238; 5 U.S.C. App., note to section 8G of Public responsible for all policy, funding, and program- BILATERAL ECONOMIC ASSISTANCE Law 95–452), as amended by section 1054(b) of ming decisions regarding funds made available the John Warner National Defense Authoriza- FUNDS APPROPRIATED TO THE PRESIDENT under this Act and prior Acts making appro- tion Act for Fiscal Year 2007 (Public Law 109– priations for foreign operations, export financ- UNITED STATES AGENCY FOR INTERNATIONAL 364; 120 Stat. 2397) and section 2 of the Iraq Re- ing and related programs for the Human Rights DEVELOPMENT construction Accountability Act of 2006 (Public and Democracy Fund of the Bureau of Democ- INTERNATIONAL DISASTER AND FAMINE Law 109–440), is amended by inserting ‘‘or fiscal racy, Human Rights, and Labor. ASSISTANCE year 2007’’ after ‘‘fiscal year 2006’’. INSPECTOR GENERAL OVERSIGHT OF IRAQ AND For an additional amount for ‘‘International LEBANON AFGHANISTAN Disaster and Famine Assistance’’, $60,000,000, to SEC. 3802. (a) LIMITATION ON ECONOMIC SUP- SEC. 3806. (a) IN GENERAL.—Subject to para- PORT FUND ASSISTANCE FOR LEBANON.—None of remain available until expended. graph (2), the Inspector General of the Depart- the funds made available in this Act under the OPERATING EXPENSES OF THE UNITED STATES ment of State and the Broadcasting Board of heading ‘‘Economic Support Fund’’ for cash AGENCY FOR INTERNATIONAL DEVELOPMENT Governors (referred to in this section as the ‘‘In- transfer assistance for the Government of Leb- For an additional amount for ‘‘Operating Ex- spector General’’) may use personal services anon may be made available for obligation until penses of the United States Agency for Inter- contracts to engage citizens of the United States the Secretary of State reports to the Committees national Development’’, $3,000,000, to remain to facilitate and support the Office of the In- on Appropriations on Lebanon’s economic re- available until September 30, 2008. spector General’s oversight of programs and op- form plan and on the specific conditions and erations related to Iraq and Afghanistan. Indi- OPERATING EXPENSES OF THE UNITED STATES verifiable benchmarks that have been agreed viduals engaged by contract to perform such AGENCY FOR INTERNATIONAL DEVELOPMENT OF- upon by the United States and the Government services shall not, by virtue of such contract, be FICE OF INSPECTOR GENERAL of Lebanon pursuant to the Memorandum of considered to be employees of the United States For an additional amount for ‘‘Operating Ex- Understanding on cash transfer assistance for Government for purposes of any law adminis- penses of the United States Agency for Inter- Lebanon. national Development Office of Inspector Gen- (b) LIMITATION ON FOREIGN MILITARY FINANC- tered by the Office of Personnel Management. eral’’, $3,500,000, to remain available until Sep- ING PROGRAM AND INTERNATIONAL NARCOTICS The Secretary of State may determine the appli- tember 30, 2008. CONTROL AND LAW ENFORCEMENT ASSISTANCE cability to such individuals of any law adminis- tered by the Secretary concerning the perform- OTHER BILATERAL ECONOMIC ASSISTANCE FOR LEBANON.—None of the funds made avail- able in this Act under the heading ‘‘Foreign ance of such services by such individuals. (b) CONDITIONS.—The authority under para- ECONOMIC SUPPORT FUND Military Financing Program’’ or ‘‘International For an additional amount for ‘‘Economic Sup- graph (1) is subject to the following conditions: Narcotics Control and Law Enforcement’’ for (1) The Inspector General determines that ex- port Fund’’, $122,300,000, to remain available military or police assistance to Lebanon may be until September 30, 2008. isting personnel resources are insufficient. made available for obligation until the Secretary (2) The contract length for a personal services DEPARTMENT OF STATE of State submits to the Committees on Appro- contractor, including options, may not exceed 1 priations a report on procedures established to DEMOCRACY FUND year, unless the Inspector General makes a find- determine eligibility of members and units of the ing that exceptional circumstances justify an ex- For an additional amount for ‘‘Democracy armed forces and police forces of Lebanon to Fund’’, $5,000,000, to remain available until Sep- tension of up to 1 additional year. participate in United States training and assist- (3) Not more than 10 individuals may be em- tember 30, 2008. ance programs and on the end use monitoring of ployed at any time as personal services contrac- INTERNATIONAL NARCOTICS CONTROL AND LAW all equipment provided under such programs to tors under the program. ENFORCEMENT the Lebanese armed forces and police forces. (c) TERMINATION OF AUTHORITY.—The author- (INCLUDING RESCISSION OF FUNDS) (c) CERTIFICATION REQUIRED.—Prior to the ity to award personal services contracts under initial obligation of funds made available in this For an additional amount for ‘‘International this section shall terminate on December 31, Act for assistance for Lebanon under the head- Narcotics Control and Law Enforcement’’, 2007. A contract entered into prior to the termi- ings ‘‘Foreign Military Financing Program’’ $42,000,000, to remain available until September nation date under this paragraph may remain and ‘‘Nonproliferation, Anti-Terrorism, 30, 2008. in effect until not later than December 31, 2009. Demining and Related Programs’’, the Secretary THER AUTHORITIES NOT AFFECTED.—The Of the amounts made available for procure- (d) O of State shall certify to the Committees on Ap- authority under this section is in addition to ment of a maritime patrol aircraft for the Colom- propriations that all practicable efforts have any other authority of the Inspector General to bian Navy under this heading in Public Law been made to ensure that such assistance is not hire personal services contractors. 109–234, $13,000,000 are rescinded. provided to or through any individual, or pri- FUNDING TABLES, REPORTS AND DIRECTIVES MIGRATION AND REFUGEE ASSISTANCE vate or government entity, that advocates, SEC. 3807. (a) Funds provided in this Act for For an additional amount for ‘‘Migration and plans, sponsors, engages in, or has engaged in, the following accounts shall be made available Refugee Assistance’’, $59,000,000, to remain terrorist activity. for countries, programs and activities in the available until September 30, 2008. (d) REPORT REQUIRED.—Not later than 45 amounts contained in the respective tables and UNITED STATES EMERGENCY REFUGEE AND days after the date of the enactment of this Act, should be expended consistent with the report- MIGRATION ASSISTANCE FUND the Secretary of State shall submit to the Com- ing requirements and directives included in the mittees on Appropriations a report on the Gov- For an additional amount for ‘‘United States joint explanatory statement accompanying the ernment of Lebanon’s actions to implement sec- Emergency Refugee and Migration Assistance conference report on H.R. 1591 of the 110th Con- tion 14 of United Nations Security Council Reso- Fund’’, $25,000,000, to remain available until ex- gress (H. Rept. 110–107): lution 1701 (August 11, 2006). pended. ‘‘Diplomatic and Consular Programs’’. (e) SPECIAL AUTHORITY.—This section shall be ‘‘Office of the Inspector General’’. NONPROLIFERATION, ANTI-TERRORISM, DEMINING effective notwithstanding section 534(a) of Pub- ‘‘Educational and Cultural Exchange Pro- AND RELATED PROGRAMS lic Law 109–102, which is made applicable to grams’’. For an additional amount for ‘‘Nonprolifera- funds appropriated for fiscal year 2007 by the ‘‘Contributions to International Organiza- tion, Anti-Terrorism, Demining and Related Continuing Appropriations Resolution, 2007 (di- tions’’. Programs’’, $30,000,000, to remain available until vision B of Public Law 109–289, as amended by ‘‘Contributions for International Peace- September 30, 2008. Public Law 110–5). keeping Activities’’.

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00227 Fmt 0624 Sfmt 6333 E:\CR\FM\A24MY6.065 S24MYPT1 bajohnson on PRODPC74 with SENATE S6804 CONGRESSIONAL RECORD — SENATE May 24, 2007 ‘‘Child Survival and Health Programs Fund’’. (1) in subsection (b)(1)— canes Katrina and Rita on the shrimp and fish- ‘‘International Disaster and Famine Assist- (A) in subparagraph (B), by striking ‘‘as a ing industries, $110,000,000, to remain available ance’’. translator’’ and inserting ‘‘, or under Chief of until September 30, 2008. ‘‘Operating Expenses of the United States Mission authority, as a translator or inter- NATIONAL AERONAUTICS AND SPACE Agency for International Development’’. preter’’; ADMINISTRATION ‘‘Operating Expenses of the United States (B) in subparagraph (C), by inserting ‘‘the EXPLORATION CAPABILITIES Agency for International Development Office of Chief of Mission or’’ after ‘‘recommendation For an additional amount for ‘‘Exploration Inspector General’’. from’’; and Capabilities’’ for necessary expenses related to ‘‘Economic Support Fund’’. (C) in subparagraph (D), by inserting ‘‘the the consequences of Hurricane Katrina, ‘‘Assistance for Eastern Europe and the Baltic Chief of Mission or’’ after ‘‘as determined by’’; $20,000,000, to remain available until September States’’. and 30, 2009. ‘‘Democracy Fund’’. (2) in subsection (c)(1), by striking ‘‘section GENERAL PROVISIONS—THIS CHAPTER ‘‘International Narcotics Control and Law during any fiscal year shall not exceed 50.’’ and Enforcement’’. inserting the following: ‘‘section— SEC. 4201. Funds provided in this Act for the ‘‘Migration and Refugee Assistance’’. ‘‘(A) during each of the fiscal years 2007 and ‘‘Department of Commerce, National Oceanic ‘‘Nonproliferation, Anti-Terrorism, Demining 2008, shall not exceed 500; and and Atmospheric Administration, Operations, and Related Programs’’. ‘‘(B) during any other fiscal year shall not ex- Research, and Facilities’’, shall be made avail- ‘‘Foreign Military Financing Program’’. ceed 50.’’. able according to the language relating to such account in the joint explanatory statement ac- ‘‘Peacekeeping Operations’’. (b) ALIENS EXEMPT FROM EMPLOYMENT-BASED companying the conference report on H.R. 1591 (b) Any proposed increases or decreases to the NUMERICAL LIMITATIONS.—Section 1059(c)(2) of amounts contained in the tables in the joint ex- such Act is amended— of the 110th Congress (H. Rept. 110–107). SEC. 4202. Up to $48,000,000 of amounts made planatory statement shall be subject to the reg- (1) by amending the paragraph designation available to the National Aeronautics and Space ular notification procedures of the Committees and heading to read as follows: Administration in Public Law 109–148 and Pub- LIENS EXEMPT FROM EMPLOYMENT- on Appropriations and section 634A of the For- ‘‘(2) A lic Law 109–234 for emergency hurricane and eign Assistance Act of 1961. BASED NUMERICAL LIMITATIONS.—’’; and other natural disaster-related expenses may be SPENDING PLAN AND NOTIFICATION PROCEDURES (2) by inserting ‘‘and shall not be counted used to reimburse hurricane-related costs in- SEC. 3808. Not later than 45 days after enact- against the numerical limitations under sections curred by NASA in fiscal year 2005. 201(d), 202(a), and 203(b)(4) of the Immigration ment of this Act the Secretary of State shall sub- CHAPTER 3 mit to the Committees on Appropriations a re- and Nationality Act (8 U.S.C. 1151(d), 1152(a), DEPARTMENT OF DEFENSE—CIVIL port detailing planned expenditures for funds and 1153(b)(4))’’ before the period at the end. appropriated under the headings in this chapter (c) ADJUSTMENT OF STATUS.—Section 1059 of DEPARTMENT OF THE ARMY and under the headings in chapter 6 of title I, such Act is further amended— CORPS OF ENGINEERS—CIVIL except for funds appropriated under the head- (1) by redesignating subsection (d) as sub- CONSTRUCTION ing ‘‘International Disaster and Famine Assist- section (e); and For an additional amount for ‘‘Construction’’ ance’’: Provided, That funds appropriated (2) by inserting after subsection (c) the fol- for necessary expenses related to the con- under the headings in this chapter and in chap- lowing: sequences of Hurricane Katrina and other hur- ter 6 of title I, except for funds appropriated ‘‘(d) ADJUSTMENT OF STATUS.—Notwith- ricanes of the 2005 season, $25,300,000, to remain under the heading named in this section, shall standing paragraphs (2), (7) and (8) of section available until expended, which may be used to be subject to the regular notification procedures 245(c) of the Immigration and Nationality Act (8 continue construction of projects related to inte- of the Committees on Appropriations. U.S.C. 1255(c)), the Secretary of Homeland Secu- rior drainage for the greater New Orleans metro- CONDITIONS ON ASSISTANCE FOR PAKISTAN rity may adjust the status of an alien to that of politan area. a lawful permanent resident under section SEC. 3809. None of the funds made available FLOOD CONTROL AND COASTAL EMERGENCIES 245(a) of such Act if the alien— for assistance for the central Government of For an additional amount for ‘‘Flood Control ‘‘(1) was paroled or admitted as a non- Pakistan under the heading ‘‘Economic Support and Coastal Emergencies’’, as authorized by sec- immigrant into the United States; and Fund’’ in this Act may be made available for tion 5 of the Act of August 18, 1941 (33 U.S.C. ‘‘(2) is otherwise eligible for special immigrant non-project assistance until the Secretary of 701n), for necessary expenses relating to the status under this section and under the Immi- State submits to the Committees on Appropria- consequences of Hurricanes Katrina and Rita gration and Nationality Act.’’. tions a report on the oversight mechanisms, per- and for other purposes, $1,407,700,000, to remain formance benchmarks, and implementation TITLE IV—ADDITIONAL HURRICANE available until expended: Provided, That processes for such funds: Provided, That not- DISASTER RELIEF AND RECOVERY $1,300,000,000 of the amount provided may be withstanding any other provision of law, funds CHAPTER 1 used by the Secretary of the Army to carry out projects and measures for the West Bank and made available for non-project assistance pursu- DEPARTMENT OF AGRICULTURE ant to the previous proviso shall be subject to Vicinity and Lake Ponchartrain and Vicinity, GENERAL PROVISION—THIS CHAPTER the regular notification procedures of the Com- Louisiana, projects, as described under the mittees on Appropriations: Provided further, SEC. 4101. Section 1231(k)(2) of the Food Secu- heading ‘‘Flood Control and Coastal Emer- That of the funds made available for assistance rity Act of 1985 (16 U.S.C. 3831(k)(2)) is amended gencies’’, in chapter 3 of Public Law 109–148: for Pakistan under the heading ‘‘Economic Sup- by striking ‘‘During calendar year 2006, the’’ Provided further, That $107,700,000 of the port Fund’’ in this Act, $5,000,000 shall be made and inserting ‘‘The’’. amount provided may be used to implement the available for the Human Rights and Democracy CHAPTER 2 projects for hurricane storm damage reduction, flood damage reduction, and ecosystem restora- Fund of the Bureau of Democracy, Human DEPARTMENT OF JUSTICE Rights, and Labor, Department of State, for po- tion within Hancock, Harrison, and Jackson OFFICE OF JUSTICE PROGRAMS litical party development and election observa- Counties, Mississippi substantially in accord- tion programs. STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE ance with the Report of the Chief of Engineers CIVILIAN RESERVE CORPS For an additional amount for ‘‘State and dated December 31, 2006, and entitled ‘‘Mis- sissippi, Coastal Improvements Program Interim SEC. 3810. Of the funds appropriated by this Local Law Enforcement Assistance’’, for discre- Report, Hancock, Harrison, and Jackson Coun- Act under the heading ‘‘Diplomatic and Con- tionary grants authorized by subpart 2 of part ties, Mississippi’’: Provided further, That sular Programs’’, up to $50,000,000 may be made E, of title I of the Omnibus Crime Control and projects authorized for implementation under available to support and maintain a civilian re- Safe Streets Act of 1968 as in effect on September this Chief’s report shall be carried out at full serve corps: Provided, That none of the funds 30, 2006, notwithstanding the provisions of sec- Federal expense, except that the non-Federal in- for a civilian reserve corps may be obligated tion 511 of said Act, $50,000,000, to remain avail- terests shall be responsible for providing for all without specific authorization in a subsequent able until expended: Provided, That the amount costs associated with operation and mainte- Act of Congress: Provided further, That funds made available under this heading shall be for nance of the project: Provided further, That any made available for this purpose shall be subject local law enforcement initiatives in the Gulf project using funds appropriated under this to the regular notification procedures of the Coast region related to the aftermath of Hurri- heading shall be initiated only after non-Fed- Committees on Appropriations. cane Katrina: Provided further, That these funds shall be apportioned among the States in eral interests have entered into binding agree- EXTENSION OF AVAILABILITY OF FUNDS quotient to their level of violent crime as esti- ments with the Secretary requiring the non-Fed- SEC. 3811. Section 1302(a) of Public Law 109– mated by the Federal Bureau of Investigation’s eral interests to pay 100 percent of the oper- 234 is amended by striking ‘‘one additional Uniform Crime Report for the year 2005. ation, maintenance, repair, replacement, and re- year’’ and inserting ‘‘two additional years’’. DEPARTMENT OF COMMERCE habilitation costs of the project and to hold and SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS save the United States free from damages due to SERVING AS TRANSLATORS OR INTERPRETERS NATIONAL OCEANIC AND ATMOSPHERIC the construction or operation and maintenance WITH FEDERAL AGENCIES ADMINISTRATION of the project, except for damages due to the SEC. 3812. (a) INCREASE IN NUMBERS ADMIT- OPERATIONS, RESEARCH, AND FACILITIES fault or negligence of the United States or its TED.—Section 1059 of the National Defense Au- For an additional amount for ‘‘Operations, contractors: Provided further, That the Chief of thorization Act for Fiscal Year 2006 (8 U.S.C. Research, and Facilities’’, for necessary ex- Engineers, acting through the Assistant Sec- 1101 note) is amended— penses related to the consequences of Hurri- retary of the Army for Civil Works, shall provide

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00228 Fmt 0624 Sfmt 6333 E:\CR\FM\A24MY6.065 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6805 a monthly report to the House and Senate Com- merged with ‘‘Small Business Administration, cane Recovery, 2006 (Public Law 109–234) is mittees on Appropriations detailing the alloca- Salaries and Expenses’’, of which $500,000 is for amended under Federal Emergency Manage- tion and obligation of these funds, beginning the Office of Inspector General of the Small ment Agency, ‘‘Disaster Assistance Direct Loan not later than 60 days after enactment of this Business Administration for audits and reviews Program Account’’ by striking ‘‘Provided fur- Act. of disaster loans and the disaster loan program ther, That notwithstanding section 417(c)(1) of GENERAL PROVISIONS—THIS CHAPTER and shall be paid to appropriations for the Of- such Act, such loans may not be canceled:’’. fice of Inspector General; of which $171,569,000 (2) EFFECTIVE DATE.—The amendment made SEC. 4301. The Secretary is authorized and di- by paragraph (1) shall be effective on the date rected to determine the value of eligible reim- is for direct administrative expenses of loan of enactment of the Emergency Supplemental bursable expenses incurred by local governments making and servicing to carry out the direct Appropriations Act for Defense, the Global War in storm-proofing pumping stations, con- loan program; and of which $9,000,000 is for in- on Terror, and Hurricane Recovery, 2006 (Public structing safe houses for operators, and other direct administrative expenses. Of the unobligated balances under the head- Law 109–234). interim flood control measures in and around ing ‘‘Small Business Administration, Disaster SEC. 4503. (a) IN GENERAL.—Section 2401 of the New Orleans metropolitan area that the Sec- Loans Program Account’’, $25,000,000 shall be the Emergency Supplemental Appropriations retary determines to be integral to the overall made available for loans under section 7(b)(2) of Act for Defense, the Global War on Terror, and plan to ensure operability of the stations during the Small Business Act to pre-existing businesses Hurricane Recovery, 2006 (Public Law 109–234) hurricanes, storms and high water events and located in an area for which the President de- is amended by striking ‘‘12 months’’ and insert- the flood control plan for the area. clared a major disaster because of the hurri- ing ‘‘24 months’’. SEC. 4302. (a) The Secretary of the Army is au- canes in the Gulf of Mexico in calendar year (b) EFFECTIVE DATE.—The amendment made thorized and directed to utilize funds remaining by this section shall be effective on the date of available for obligation from the amounts ap- 2005, of which not to exceed $8,750,000 is for di- rect administrative expenses and may be trans- enactment of the Emergency Supplemental Ap- propriated in chapter 3 of Public Law 109–234 propriations Act for Defense, the Global War on under the heading ‘‘Flood Control and Coastal ferred to and merged with ‘‘Small Business Ad- ministration, Salaries and Expenses’’ to carry Terror, and Hurricane Recovery, 2006 (Public Emergencies’’ for projects in the greater New Law 109–234). Orleans metropolitan area to prosecute these out the disaster loan program of the Small Busi- CHAPTER 6 projects in a manner which promotes the goal of ness Administration. Of the unobligated balances under the head- continuing work at an optimal pace, while DEPARTMENT OF THE INTERIOR ing ‘‘Small Business Administration, Disaster maximizing, to the greatest extent practicable, NATIONAL PARK SERVICE Loans Program Account’’, $150,000,000 is trans- levels of protection to reduce the risk of storm HISTORIC PRESERVATION FUND ferred to the ‘‘Federal Emergency Management damage to people and property. For an additional amount for the ‘‘Historic (b) The expenditure of funds as provided in Agency, Disaster Relief’’ account. Preservation Fund’’ for necessary expenses re- subsection (a) may be made without regard to CHAPTER 5 lated to the consequences of Hurricane Katrina individual amounts or purposes specified in DEPARTMENT OF HOMELAND SECURITY and other hurricanes of the 2005 season, chapter 3 of Public Law 109–234. FEDERAL EMERGENCY MANAGEMENT AGENCY $10,000,000, to remain available until September (c) Any reallocation of funds that are nec- 30, 2008: Provided, That the funds provided DISASTER RELIEF essary to accomplish the goal established in sub- under this heading shall be provided to the section (a) are authorized, subject to the ap- (INCLUDING TRANSFER OF FUNDS) State Historic Preservation Officer, after con- proval of the House and Senate Committees on For an additional amount for ‘‘Disaster Re- sultation with the National Park Service, for Appropriation. lief’’, $710,000,000, to remain available until ex- grants for disaster relief in areas of Louisiana SEC. 4303. The Chief of Engineers shall inves- pended: Provided, That $4,000,000 shall be impacted by Hurricanes Katrina or Rita: Pro- tigate the overall technical advantages, dis- transferred to ‘‘Office of Inspector General’’: vided further, That grants shall be for the pres- advantages and operational effectiveness of op- Provided further, That the Government Ac- ervation, stabilization, rehabilitation, and re- erating the new pumping stations at the mouths countability Office shall review how the Federal pair of historic properties listed in or eligible for of the 17th Street, Orleans Avenue and London Emergency Management Agency develops its es- the National Register of Historic Places, for Avenue canals in the New Orleans area directed timates of the funds needed to respond to any planning and technical assistance: Provided for construction in Public Law 109–234 concur- given disaster as described in House Report 110– further, That grants shall only be available for rently or in series with existing pumping sta- 60. areas that the President determines to be a tions serving these canals and the advantages, GENERAL PROVISIONS—THIS CHAPTER major disaster under section 102(2) of the Robert disadvantages and technical operational effec- SEC. 4501. (a) IN GENERAL.—Notwithstanding T. Stafford Disaster Relief and Emergency As- tiveness of removing the existing pumping sta- any other provision of law, including any agree- sistance Act (42 U.S.C. 5122(2)) due to Hurri- tions and configuring the new pumping stations ment, the Federal share of assistance, including canes Katrina or Rita: Provided further, That and associated canals to handle all needed dis- direct Federal assistance, provided for the States individual grants shall not be subject to a non- charges to the lakefront or in combination with of Louisiana, Mississippi, Florida, Alabama, Federal matching requirement: Provided fur- discharges directly to the Mississippi River in and Texas in connection with Hurricanes ther, That no more than 5 percent of funds pro- Jefferson Parish; and the advantages, disadvan- Katrina, Wilma, Dennis, and Rita under sec- vided under this heading for disaster relief tages and technical operational effectiveness of tions 403, 406, 407, and 408 of the Robert T. Staf- grants may be used for administrative expenses. replacing or improving the floodwalls and levees ford Disaster Relief and Emergency Assistance GENERAL PROVISION—THIS CHAPTER adjacent to the three outfall canals: Provided, Act (42 U.S.C. 5170b, 5172, 5173, and 5174) shall (INCLUDING TRANSFER OF FUNDS) That the analysis should be conducted at Fed- be 100 percent of the eligible costs under such SEC. 4601. Of the disaster relief funds from eral expense: Provided further, That the anal- sections. Public Law 109–234, 120 Stat. 418, 461, (June 30, ysis shall be completed and furnished to the (b) APPLICABILITY.— 2006), chapter 5, ‘‘National Park Service—His- Congress not later than three months after en- (1) IN GENERAL.—The Federal share provided toric Preservation Fund’’, for necessary ex- actment of this Act. by subsection (a) shall apply to disaster assist- penses related to the consequences of Hurricane SEC. 4304. Using funds made available in ance applied for before the date of enactment of Katrina and other hurricanes of the 2005 season Chapter 3 under title II of Public Law 109–234, this Act. that were allocated to the State of Mississippi by under the heading ‘‘Investigations’’, the Sec- (2) LIMITATION.—In the case of disaster assist- the National Park Service, $500,000 is hereby retary of the Army, in consultation with other ance provided under sections 403, 406, and 407 of transferred to the ‘‘National Park Service—Na- agencies and the State of Louisiana shall accel- the Robert T. Stafford Disaster Relief and Emer- tional Recreation and Preservation’’ appropria- erate completion as practicable the final report gency Assistance Act, the Federal share pro- tion: Provided, That these funds may be used to of the Chief of Engineers recommending a com- vided by subsection (a) shall be limited to assist- reconstruct destroyed properties that at the time prehensive plan to deauthorize deep draft navi- ance provided for projects for which a ‘‘request of destruction were listed in the National Reg- gation on the Mississippi River Gulf Outlet: Pro- for public assistance form’’ has been submitted. ister of Historic Places and are otherwise quali- vided, That the plan shall incorporate and build SEC. 4502. (a) COMMUNITY DISASTER LOAN fied to receive these funds: Provided further, upon the Interim Mississippi River Gulf Outlet ACT.— That the State Historic Preservation Officer cer- Deep-Draft De-Authorization Report submitted (1) IN GENERAL.—Section 2(a) of the Commu- tifies that, for the community where that de- to Congress in December 2006 pursuant to Public nity Disaster Loan Act of 2005 (Public Law 109– stroyed property was located, the property is Law 109–234. 88) is amended by striking ‘‘Provided further, iconic to or essential to illustrating that commu- CHAPTER 4 That notwithstanding section 417(c)(1) of the nity’s historic identity, that no other property SMALL BUSINESS ADMINISTRATION Stafford Act, such loans may not be canceled:’’. in that community with the same associative (2) EFFECTIVE DATE.—The amendment made DISASTER LOANS PROGRAM ACCOUNT historic value has survived, and that sufficient by paragraph (1) shall be effective on the date historical documentation exists to ensure an ac- (INCLUDING TRANSFERS OF FUNDS) of enactment of the Community Disaster Loan curate reproduction. Of the unobligated balances under the head- Act of 2005 (Public Law 109–88). CHAPTER 7 ing ‘‘Small Business Administration, Disaster (b) EMERGENCY SUPPLEMENTAL APPROPRIA- Loans Program Account’’, $181,069,000, to re- TIONS ACT.— DEPARTMENT OF EDUCATION main available until expended, shall be used for (1) IN GENERAL.—Chapter 4 of title II of the HIGHER EDUCATION administrative expenses to carry out the disaster Emergency Supplemental Appropriations Act for For an additional amount under part B of loan program, which may be transferred to and Defense, the Global War on Terror, and Hurri- title VII of the Higher Education Act of 1965

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00229 Fmt 0624 Sfmt 6333 E:\CR\FM\A24MY6.065 S24MYPT1 bajohnson on PRODPC74 with SENATE S6806 CONGRESSIONAL RECORD — SENATE May 24, 2007 (‘‘HEA’’) for institutions of higher education (as or Hurricane Rita; and that such States shall in Law 109–148 shall be available for expenditure defined in section 101 or section 102(c) of that turn allocate funds to local educational agen- by the States through the end of fiscal year Act) that are located in an area in which a cies, with priority given first to such agencies 2009. major disaster was declared in accordance with with the highest percentages of public elemen- SEC. 4703. (a) In the event that Louisiana, section 401 of the Robert T. Stafford Disaster tary and secondary schools that are closed as a Mississippi, Alabama, or Texas fails to meet its Relief and Emergency Assistance Act related to result of such hurricanes as of the date of en- match requirement with funds appropriated in Hurricanes Katrina or Rita, $30,000,000: Pro- actment of this Act and then to such agencies fiscal year 2006 or 2007, for fiscal years 2008 and vided, That such funds shall be available to the with the highest percentages of public elemen- 2009, the Secretary of Health and Human Serv- Secretary of Education only for payments to tary and secondary schools with a student- ices may waive the application of section help defray the expenses (which may include teacher ratio of at least 25 to 1, and with any re- 2617(d)(4) of the Public Health Service Act for lost revenue, reimbursement for expenses al- maining amounts to be distributed to such agen- Louisiana, Mississippi, Alabama, and Texas. ready incurred, and construction) incurred by cies with demonstrated need, as determined by (b) The Secretary may not exercise the waiver such institutions of higher education that were the State Superintendent of Education: Pro- authority available under subsection (a) to forced to close, relocate or significantly curtail vided further, That, in the case of any State allow a grantee to provide less than a 25 percent their activities as a result of damage directly that chooses to use amounts available under matching grant. caused by such hurricanes and for payments to this heading for performance bonuses, not later (c) For grant years beginning in 2008, Lou- enable such institutions to provide grants to stu- than 60 days after the date of enactment of this isiana, Mississippi, Alabama, and Texas and dents who attend such institutions for academic Act, and in collaboration with local educational any eligible metropolitan area in Louisiana, years beginning on or after July 1, 2006: Pro- agencies, teachers’ unions, local principals’ or- Mississippi, Alabama, and Texas shall comply vided further, That such payments shall be ganizations, local parents’ organizations, local with each of the applicable requirements under made in accordance with criteria established by business organizations, and local charter title XXVI of the Public Health Service Act (42 the Secretary and made publicly available with- schools organizations, the State educational U.S.C. 300ff–11 et seq.). out regard to section 437 of the General Edu- agency shall develop a plan for a rating system CHAPTER 8 cation Provisions Act, section 553 of title 5, for performance bonuses, and if no agreement DEPARTMENT OF TRANSPORTATION has been reached that is satisfactory to all con- United States Code, or part B of title VII of the FEDERAL HIGHWAY ADMINISTRATION HEA: Provided further, That the Secretary shall sulting entities by such deadline, the State edu- FEDERAL-AID HIGHWAYS award funds available under this paragraph not cational agency shall immediately send a letter later than 60 days after the date of the enact- notifying Congress and shall, not later than 30 EMERGENCY RELIEF PROGRAM ment of this Act. days after such notification, establish and im- (INCLUDING RESCISSION OF FUNDS) HURRICANE EDUCATION RECOVERY plement a rating system that shall be based on For an additional amount for the Emergency classroom observation and feedback more than For carrying out activities authorized by sub- Relief Program as authorized under section 125 once annually, conducted by multiple sources part 1 of part D of title V of the Elementary and of title 23, United States Code, $871,022,000, to (including, but not limited to, principals and Secondary Education Act of 1965, $30,000,000, to remain available until expended: Provided, That master teachers), and evaluated against re- remain available until expended, for use by the section 125(d)(1) of title 23, United States Code, search-based rubrics that use planning, instruc- States of Louisiana, Mississippi, and Alabama shall not apply to emergency relief projects that tional, and learning environment standards to primarily for recruiting, retaining, and compen- respond to damage caused by the 2005–2006 win- measure teacher performance, except that the sating new and current teachers, school prin- ter storms in the State of California: Provided requirements of this proviso shall not apply to a cipals, assistant principals, principal resident further, That of the unobligated balances of State that has enacted a State law in 2006 au- directors, assistant directors, and other edu- funds apportioned to each State under chapter thorizing performance pay for teachers. cators, who commit to work for at least three 1 of title 23, United States Code, $871,022,000 are years in school-based positions in public elemen- PROGRAMS TO RESTART SCHOOL OPERATIONS rescinded: Provided further, That such rescis- tary and secondary schools located in an area Funds made available under section 102 of the sion shall not apply to the funds distributed in with respect to which a major disaster was de- Hurricane Education Recovery Act (title IV of accordance with sections 130(f) and 104(b)(5) of clared under section 401 of the Robert T. Staf- division B of Public Law 109–148) may be used title 23, United States Code; sections 133(d)(1) ford Disaster Relief and Emergency Assistance by the States of Louisiana, Mississippi, Ala- and 163 of such title, as in effect on the day be- Act (42 U.S.C. 5170) by reason of Hurricane bama, and Texas, in addition to the uses of fore the date of enactment of Public Law 109–59; Katrina or Hurricane Rita, including through funds described in section 102(e), for the fol- and the first sentence of section 133(d)(3)(A) of such mechanisms as paying salary premiums, lowing costs: (1) recruiting, retaining, and com- such title. performance bonuses, housing subsidies, signing pensating new and current teachers, school FEDERAL TRANSIT ADMINISTRATION bonuses, and relocation costs and providing principals, assistant principals, principal resi- FORMULA GRANTS loan forgiveness, with priority given to teachers dent directors, assistant directors, and other For an additional amount to be allocated by and school-based school principals, assistant educators for school-based positions in public el- the Secretary to recipients of assistance under principals, principal resident directors, assistant ementary and secondary schools impacted by chapter 53 of title 49, United States Code, di- directors, and other educators who previously Hurricane Katrina or Hurricane Rita, including rectly affected by Hurricanes Katrina and Rita, worked or lived in one of the affected areas, are through such mechanisms as paying salary pre- $35,000,000, for the operating and capital costs currently employed (or become employed) in miums, performance bonuses, housing subsidies, of transit services, to remain available until ex- such a school in any of the affected areas after signing bonuses, and relocation costs and pro- pended: Provided, That the Federal share for those disasters, and commit to continue that em- viding loan forgiveness; (2) activities to build any project funded from this amount shall be ployment for at least 3 years, Provided, That the capacity, knowledge, and skills of teachers 100 percent. and school-based school principals, assistant funds available under this heading to such DEPARTMENT OF HOUSING AND URBAN principals, principal resident directors, assistant States may also be used for 1 or more of the fol- DEVELOPMENT lowing activities: (1) to build the capacity, directors, and other educators in such public el- OFFICE OF INSPECTOR GENERAL knowledge, and skill of teachers and school- ementary and secondary schools to provide an based school principals, assistant principals, effective education, including the design, adap- For an additional amount for the Office of In- principal resident directors, assistant directors, tation, and implementation of high-quality spector General, for the necessary costs related and other educators in such public elementary formative assessments; (3) the establishment of to the consequences of Hurricanes Katrina and and secondary schools to provide an effective partnerships with nonprofit entities with a dem- Rita, $7,000,000, to remain available until ex- education, including the design, adaptation, onstrated track record in recruiting and retain- pended. and implementation of high-quality formative ing outstanding teachers and school-based GENERAL PROVISIONS—THIS CHAPTER assessments; (2) the establishment of partner- school principals, assistant principals, principal SEC. 4801. The third proviso under the head- ships with nonprofit entities with a dem- resident directors, and assistant directors; and ing ‘‘Department of Housing and Urban Devel- onstrated track record in recruiting and retain- (4) paid release time for teachers and principals opment—Public and Indian Housing—Tenant- ing outstanding teachers and other school-based to identify and replicate successful practices Based Rental Assistance’’ in chapter 9 of title I school principals, assistant principals, principal from the fastest-improving and highest-per- of division B of Public Law 109–148 (119 Stat. resident directors, and assistant directors; and forming schools. 2779) is amended by striking ‘‘for up to 18 (3) paid release time for teachers and principals GENERAL PROVISIONS—THIS CHAPTER months’’ and inserting ‘‘until December 31, to identify and replicate successful practices SEC. 4701. Section 105(b) of title IV of division 2007’’. from the fastest-improving and highest-per- B of Public Law 109–148 is amended by adding SEC. 4802. Section 21033 of the Continuing Ap- forming schools: Provided further, That the Sec- at the end the following new sentence: ‘‘With propriations Resolution, 2007 (division B of Pub- retary of Education shall allocate amounts respect to the program authorized by section 102 lic Law 109–289, as amended by Public Law 110– available under this heading among such States of this Act, the waiver authority in subsection 5) is amended by adding after the third proviso: that submit applications; that such allocation (a) of this section shall be available until the ‘‘: Provided further, That notwithstanding the shall be based on the number of public elemen- end of fiscal year 2008.’’. previous proviso, except for applying the 2007 tary and secondary schools in each State that SEC. 4702. Notwithstanding section 2002(c) of Annual Adjustment Factor and making any were closed for 19 days or more during the pe- the Social Security Act (42 U.S.C. 1397a(c)), other specified adjustments, public housing riod beginning on August 29, 2005, and ending funds made available under the heading ‘‘Social agencies specified in category 1 below shall re- on December 31, 2005, due to Hurricane Katrina Services Block Grant’’ in division B of Public ceive funding for calendar year 2007 based on

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00230 Fmt 0624 Sfmt 6333 E:\CR\FM\A24MY6.066 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6807 the higher of the amounts the agencies would Stafford Disaster Relief and Emergency Assist- until expended, for urgent wildland fire sup- receive under the previous proviso or the ance Act, 42 U.S.C. 5121–5206 (the Stafford Act), pression activities: Provided, That such funds amounts the agencies received in calendar year declared during fiscal year 2007 for events oc- shall only become available if funds previously 2006, and public housing agencies specified in curring before the date of the enactment of this provided for wildland fire suppression will be categories 2 and 3 below shall receive funding Act or a Secretary of Agriculture declaration of exhausted imminently and the Secretary of the for calendar year 2007 equal to the amounts the a natural disaster, declared during fiscal year Interior notifies the House and Senate Commit- agencies received in calendar year 2006, except 2007 for events occurring before the date of the tees on Appropriations in writing of the need for that public housing agencies specified in cat- enactment of this Act. these additional funds: Provided further, That egories 1 and 2 below shall receive funding CHAPTER 2 such funds are also available for repayment to under this proviso only if, and to the extent DEPARTMENT OF COMMERCE other appropriations accounts from which funds that, any such public housing agency submits a were transferred for wildfire suppression. NATIONAL OCEANIC AND ATMOSPHERIC plan, approved by the Secretary, that dem- UNITED STATES FISH AND WILDLIFE SERVICE ADMINISTRATION onstrates that the agency can effectively use RESOURCE MANAGEMENT OPERATIONS, RESEARCH, AND FACILITIES within 12 months the funding that the agency For an additional amount for ‘‘Resource Man- would receive under this proviso that is in addi- For an additional amount for ‘‘Operations, agement’’ for the detection of highly pathogenic tion to the funding that the agency would re- Research, and Facilities’’, $60,400,000, to remain avian influenza in wild birds, including the in- ceive under the previous proviso: (1) public available until September 30, 2008: Provided, vestigation of morbidity and mortality events, housing agencies that are eligible for assistance That the National Marine Fisheries Service targeted surveillance in live wild birds, and tar- under section 901 in Public Law 109–148 (119 shall cause such amounts to be distributed geted surveillance in hunter-taken birds, Stat. 2781) or are located in the same counties as among eligible recipients of assistance for the $7,398,000, to remain available until September those eligible under section 901 and operate commercial fishery failure designated under sec- 30, 2008. tion 312(a) of the Magnuson-Stevens Fishery voucher programs under section 8(o) of the NATIONAL PARK SERVICE United States Housing Act of 1937 but do not op- Conservation and Management Act (16 U.S.C. OPERATION OF THE NATIONAL PARK SYSTEM erate public housing under section 9 of such 1861a(a)) and declared by the Secretary of Com- merce on August 10, 2006. For an additional amount for ‘‘Operation of Act, and any public housing agency that other- the National Park System’’ for the detection of wise qualifies under this category must dem- CHAPTER 3 highly pathogenic avian influenza in wild birds, onstrate that they have experienced a loss of DEPARTMENT OF DEFENSE—CIVIL including the investigation of morbidity and rental housing stock as a result of the 2005 hur- DEPARTMENT OF THE ARMY mortality events, $525,000, to remain available ricanes; (2) public housing agencies that would CORPS OF ENGINEERS—CIVIL until September 30, 2008. receive less funding under the previous proviso UNITED STATES GEOLOGICAL SURVEY than they would receive under this proviso and INVESTIGATIONS that have been placed in receivership or the Sec- For an additional amount for ‘‘Investiga- SURVEYS, INVESTIGATIONS, AND RESEARCH retary has declared to be in breach of an An- tions’’ for flood damage reduction studies to ad- For an additional amount for ‘‘Surveys, In- nual Contributions Contract by June 1, 2007; dress flooding associated with disasters covered vestigations, and Research’’ for the detection of and (3) public housing agencies that spent more by Presidential Disaster Declaration FEMA– highly pathogenic avian influenza in wild birds, in calendar year 2006 than the total of the 1692–DR, $8,165,000, to remain available until including the investigation of morbidity and amounts of any such public housing agency’s expended. mortality events, targeted surveillance in live allocation amount for calendar year 2006 and CONSTRUCTION wild birds, and targeted surveillance in hunter- the amount of any such public housing agency’s For an additional amount for ‘‘Construction’’ taken birds, $5,270,000, to remain available until available housing assistance payments undesig- for flood damage reduction activities associated September 30, 2008. nated funds balance from calendar year 2005 with disasters covered by Presidential Disaster DEPARTMENT OF AGRICULTURE and the amount of any such public housing Declarations FEMA–1692–DR and FEMA–1694– FOREST SERVICE agency’s available administrative fees undesig- DR, $11,200,000, to remain available until ex- NATIONAL FOREST SYSTEM nated funds balance through calendar year pended. For an additional amount for ‘‘National For- 2006’’. OPERATION AND MAINTENANCE est System’’ for the implementation of a nation- SEC. 4803. Section 901 of Public Law 109–148 is For an additional amount for ‘‘Operation and wide initiative to increase protection of national amended by deleting ‘‘calendar year 2006’’ and Maintenance’’ to dredge navigation channels forest lands from drug-trafficking organizations, inserting ‘‘calendar years 2006 and 2007’’. related to the consequences of hurricanes of the including funding for additional law enforce- CHAPTER 9 2005 season, $3,000,000, to remain available until ment personnel, training, equipment and coop- expended. DEPARTMENT OF VETERANS AFFAIRS erative agreements, $12,000,000, to remain avail- FLOOD CONTROL AND COASTAL EMERGENCIES able until expended. DEPARTMENTAL ADMINISTRATION For an additional amount for ‘‘Flood Control WILDLAND FIRE MANAGEMENT CONSTRUCTION, MINOR PROJECTS and Coastal Emergencies’’, as authorized by sec- (INCLUDING TRANSFER OF FUNDS) tion 5 of the Act of August 18, 1941 (33 U.S.C. (INCLUDING RESCISSION OF FUNDS) For an additional amount for ‘‘Wildland Fire For an additional amount for Department of 701n), to support emergency operations, repairs Management’’, $370,000,000, to remain available Veterans Affairs, ‘‘Construction, Minor and other activities in response to flood, until expended, for urgent wildland fire sup- Projects’’, $14,484,754, to remain available until drought and earthquake emergencies as author- pression activities: Provided, That such funds September 30, 2008, for necessary expenses re- ized by law, $153,300,000, to remain available shall only become available if funds provided lated to the consequences of Hurricane Katrina until expended: Provided, That the Chief of En- previously for wildland fire suppression will be and other hurricanes of the 2005 season. gineers, acting through the Assistant Secretary exhausted imminently and the Secretary of Ag- Of the funds available until September 30, of the Army for Civil Works, shall provide a riculture notifies the House and Senate Commit- 2007, for the ‘‘Construction, Minor Projects’’ ac- monthly report to the House and Senate Com- tees on Appropriations in writing of the need for count of the Department of Veterans Affairs, mittees on Appropriations detailing the alloca- these additional funds: Provided further, That pursuant to section 2702 of Public Law 109–234, tion and obligation of these funds, beginning such funds are also available for repayment to $14,484,754 are hereby rescinded. not later than 60 days after enactment of this other appropriation accounts from which funds Act: Provided further, That of the funds pro- TITLE V—OTHER EMERGENCY were transferred for wildfire suppression. vided under this heading, $7,000,000 shall be APPROPRIATIONS GENERAL PROVISION—THIS CHAPTER available for drought emergency assistance. SEC. 5401. (a) For fiscal year 2007, payments CHAPTER 1 DEPARTMENT OF THE INTERIOR DEPARTMENT OF AGRICULTURE shall be made from any revenues, fees, penalties, BUREAU OF RECLAMATION or miscellaneous receipts described in sections GENERAL PROVISION—THIS CHAPTER WATER AND RELATED RESOURCES 102(b)(3) and 103(b)(2) of the Secure Rural SEC. 5101. In addition to any other available For an additional amount for ‘‘Water and Re- Schools and Community Self-Determination Act funds, there is hereby appropriated $40,000,000 lated Resources’’, $18,000,000, to remain avail- of 2000 (Public Law 106–393; 16 U.S.C. 500 note), to the Secretary of Agriculture, to remain avail- able until expended for drought assistance: Pro- not to exceed $100,000,000, and the payments able until expended, for programs and activities vided, That drought assistance may be provided shall be made, to the maximum extent prac- of the Department of Agriculture, as determined under the Reclamation States Drought Emer- ticable, in the same amounts, for the same pur- by the Secretary, to provide recovery assistance gency Act or other applicable Reclamation au- poses, and in the same manner as were made to in response to damage in conjunction with the thorities to assist drought plagued areas of the States and counties in 2006 under that Act. Presidential declaration of a major disaster West. (b) There is appropriated $425,000,000, to re- (FEMA–1699–DR) dated May 6, 2007, for needs CHAPTER 4 main available until December 31, 2007, to be not met by the Federal Emergency Management DEPARTMENT OF THE INTERIOR used to cover any shortfall for payments made Agency or private insurers: Provided, That, in under this section from funds not otherwise ap- BUREAU OF LAND MANAGEMENT addition, the Secretary may use funds provided propriated. under this section, consistent with the provi- WILDLAND FIRE MANAGEMENT (c) Titles II and III of Public Law 106–393 are sions of this section, to respond to any other (INCLUDING TRANSFER OF FUNDS) amended, effective September 30, 2006, by strik- Presidential declaration of a major disaster For an additional amount for ‘‘Wildland Fire ing ‘‘2006’’ and ‘‘2007’’ each place they appear issued under the authority of the Robert T. Management’’, $95,000,000, to remain available and inserting ‘‘2007’’ and ‘‘2008’’, respectively.

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CHAPTER 5 CHAPTER 6 DEPARTMENTAL ADMINISTRATION DEPARTMENT OF HEALTH AND HUMAN LEGISLATIVE BRANCH GENERAL OPERATING EXPENSES SERVICES CAPITOL POLICE (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘General Oper- CENTERS FOR DISEASE CONTROL AND GENERAL EXPENSES ating Expenses’’, $83,200,000, to remain available PREVENTION For an additional amount for ‘‘Capitol Police, until expended, of which $1,250,000 shall be for General Expenses’’, $10,000,000 for a radio mod- DISEASE CONTROL, RESEARCH AND TRAINING digitization of military records; $60,750,000 shall ernization program, to remain available until For an additional amount for ‘‘Department of be for expenses related to hiring and training expended: Provided, That the Chief of the Cap- new claims processing personnel; up to Health and Human Services, Centers for Disease itol Police may not obligate any of the funds ap- Control and Prevention, Disease Control, Re- $1,200,000 shall be for an independent study of propriated under this heading without approval the organizational structure, management and search and Training’’, to carry out section 501 of an obligation plan by the Committees on Ap- of the Federal Mine Safety and Health Act of coordination processes, including seamless tran- propriations of the Senate and the House of sition, utilized by the Department of Veterans 1977 and section 6 of the Mine Improvement and Representatives. New Emergency Response Act of 2006, Affairs to provide health care and benefits to ARCHITECT OF THE CAPITOL $13,000,000 for research to develop mine safety active duty personnel and veterans, including technology, including necessary repairs and im- CAPITOL POWER PLANT those returning Operation Enduring Freedom provements to leased laboratories: Provided, For an additional amount for ‘‘Capitol Power and Operation Iraqi Freedom veterans; and That progress reports on technology develop- Plant’’, $50,000,000, for utility tunnel repairs $20,000,000 shall be for disability examinations: ment shall be submitted to the House and Senate and asbestos abatement, to remain available Provided, That not to exceed $1,250,000 of the Committees on Appropriations and the Com- until September 30, 2011: Provided, That the Ar- amount appropriated under this heading may be mittee on Health, Education, Labor and Pen- chitect of the Capitol may not obligate any of transferred to the Department of Defense for the sions of the Senate and the Committee on Edu- the funds appropriated under this heading digitization of military records used to verify cation and Labor of the House of Representa- without approval of an obligation plan by the stressors for benefits claims. tives on a quarterly basis: Provided further, Committees on Appropriations of the Senate and INFORMATION TECHNOLOGY SYSTEMS That the amount provided under this heading House of Representatives. For an additional amount for ‘‘Information Technology Systems’’, $35,100,000, to remain shall remain available until September 30, 2008. CHAPTER 7 available until expended, of which $20,000,000 For an additional amount for ‘‘Department of DEPARTMENT OF VETERANS AFFAIRS shall be for information technology support and Health and Human Services, Centers for Disease VETERANS HEALTH ADMINISTRATION improvements for processing of Operation En- Control and Prevention, Disease Control, Re- during Freedom and Operation Iraqi Freedom search and Training’’, to carry out activities MEDICAL SERVICES veterans benefits claims, including making elec- under section 5011(b) of the Emergency Supple- For an additional amount for ‘‘Medical Serv- tronic Department of Defense medical records mental Appropriations Act to Address Hurri- ices’’, $466,778,000, to remain available until ex- available for claims processing and enabling canes in the Gulf of Mexico and Pandemic In- pended, of which $30,000,000 shall be for the es- electronic benefits applications by veterans; and fluenza, 2006 (Public Law 109–148), $50,000,000, tablishment of at least one new Level I com- $15,100,000 shall be for electronic data breach re- to remain available until expended. prehensive polytrauma center; $9,440,000 shall be for the establishment of polytrauma residen- mediation and prevention. GENERAL PROVISIONS—THIS CHAPTER tial transitional rehabilitation programs; CONSTRUCTION, MINOR PROJECTS (INCLUDING RESCISSIONS) $10,000,000 shall be for additional transition For an additional amount for ‘‘Construction, caseworkers; $20,000,000 shall be for substance Minor Projects’’, $326,000,000, to remain avail- SEC. 5501. (a). From unexpended balances abuse treatment programs; $20,000,000 shall be able until expended, of which up to $36,000,000 available for the Training and Employment shall be for construction costs associated with Services account under the Department of for readjustment counseling; $10,000,000 shall be for blind rehabilitation services; $100,000,000 the establishment of polytrauma residential Labor, the following amounts are hereby re- transitional rehabilitation programs. scinded— shall be for enhancements to mental health serv- ices; $8,000,000 shall be for polytrauma support GENERAL PROVISIONS—THIS CHAPTER (1) $3,589,000 transferred pursuant to the 2001 clinic teams; $5,356,000 shall be for additional SEC. 5701. The Director of the Congressional Emergency Supplemental Appropriations Act for polytrauma points of contact; $228,982,000 shall Budget Office shall, not later than November 15, Recovery from and Response to Terrorist At- be for treatment of Operation Enduring Freedom 2007, submit to the Committees on Appropria- tacks on the United States (Public Law 107–38); and Operation Iraqi Freedom veterans; and tions of the House of Representatives and the (2) $834,000 transferred pursuant to the Emer- $25,000,000 shall be for prosthetics. Senate a report projecting appropriations nec- gency Supplemental Appropriations Act of 1994 MEDICAL ADMINISTRATION essary for the Departments of Defense and Vet- (Public Law 103–211); and For an additional amount for ‘‘Medical Ad- erans Affairs to continue providing necessary (3) $71,000 for the Consortium for Worker Edu- ministration’’, $250,000,000, to remain available health care to veterans of the conflicts in Iraq cation pursuant to the Emergency Supplemental until expended. and Afghanistan. The projections should span Act, 2002 (Public Law 107–117). MEDICAL FACILITIES several scenarios for the duration and number (b) From unexpended balances available for For an additional amount for ‘‘Medical Fa- of forces deployed in Iraq and Afghanistan, and the State Unemployment Insurance and Em- cilities’’, $595,000,000, to remain available until more generally, for the long-term health care ployment Service Operations account under the expended, of which $45,000,000 shall be used for needs of deployed troops engaged in the global Department of Labor pursuant to the Emer- facility and equipment upgrades at the Depart- war on terrorism over the next 10 years. gency Supplemental Act, 2002 (Public Law 107– ment of Veterans Affairs polytrauma network SEC. 5702. Notwithstanding any other provi- 117), $4,100,000 are hereby rescinded. sites; and $550,000,000 shall be for non-recurring sion of law, appropriations made by Public Law SEC. 5502. (a) For an additional amount under maintenance as identified in the Department of 110–5, which the Secretary of Veterans Affairs ‘‘Department of Education, Safe Schools and Veterans Affairs Facility Condition Assessment contributes to the Department of Defense/De- Citizenship Education’’, $8,594,000 shall be report: Provided, That the amount provided partment of Veterans Affairs Health Care Shar- available for Safe and Drug-Free Schools Na- under this heading for non-recurring mainte- ing Incentive Fund under the authority of sec- tional Programs for competitive grants to local nance shall be allocated in a manner not subject tion 8111(d) of title 38, United States Code, shall educational agencies to address youth violence to the Veterans Equitable Resource Allocation: remain available until expended for any purpose and related issues. Provided further, That within 30 days of enact- authorized by section 8111 of title 38, United States Code. (b) The competition under subsection (a) shall ment of this Act the Secretary shall submit to SEC. 5703. (a)(1) The Secretary of Veterans Af- be limited to local educational agencies that op- the Committees on Appropriations of both fairs (referred to in this section as the ‘‘Sec- erate schools currently identified as persistently Houses of Congress an expenditure plan, by retary’’) may convey to the State of Texas, with- dangerous under section 9532 of the Elementary project, for non-recurring maintenance prior to out consideration, all rights, title, and interest and Secondary Education Act of 1965. obligation: Provided further, That semi-annu- of the United States in and to the parcel of real ally, on October 1 and April 1, the Secretary SEC. 5503. Unobligated balances from funds property comprising the location of the Marlin, shall submit to the Committees on Appropria- appropriated in the Department of Defense and Texas, Department of Veterans Affairs Medical tions of both Houses of Congress a report on the Emergency Supplemental Appropriations for Re- Center. covery from and Response to Terrorist Attacks status of funding for non-recurring mainte- (2) The property conveyed under paragraph on the United States Act, 2002 (Public Law 107– nance, including obligations and unobligated (1) shall be used by the State of Texas for the 117) to the Department of Health and Human balances for each project identified in the ex- purposes of a prison. Services under the heading ‘‘Public Health and penditure plan. (b) In carrying out the conveyance under sub- Social Services Emergency Fund’’ that are MEDICAL AND PROSTHETIC RESEARCH section (a), the Secretary shall conduct environ- available for bioterrorism preparedness and dis- For an additional amount for ‘‘Medical and mental cleanup on the parcel to be conveyed, at aster response activities in the Office of the Sec- Prosthetic Research’’, $32,500,000, to remain a cost not to exceed $500,000, using amounts retary shall also be available for the construc- available until expended, which shall be used made available for environmental cleanup of tion, renovation and improvement of facilities for research related to the unique medical needs sites under the jurisdiction of the Secretary. on federally-owned land as necessary for con- of returning Operation Enduring Freedom and (c) Nothing in this section may be construed tinuity of operations activities. Operation Iraqi Freedom veterans. to affect or limit the application of or obligation

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00232 Fmt 0624 Sfmt 6333 E:\CR\FM\A24MY6.066 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6809 to comply with any environmental law, includ- CHAPTER 3 (c) With the additional amount of $9,336,000 ing section 120(h) of the Comprehensive Envi- GENERAL PROVISIONS—THIS CHAPTER appropriated in Public Law 110–5 and in this ronmental Response, Compensation, and Liabil- SEC. 6301. (a) Section 102(a)(3)(B) of the Help Act, above the amount appropriated in Public ity Act of 1980 (42 U.S.C. 9620(h)). America Vote Act of 2002 (42 U.S.C. Law 109–115, of which $4,500,000 remains avail- SEC. 5704. (a) Funds provided in this Act for 15302(a)(3)(B)) is amended by striking ‘‘January able for obligation in fiscal year 2008, the Office the following accounts shall be made available 1, 2006’’ and inserting ‘‘March 1, 2008’’. of Inspector General shall hire additional staff for programs under the conditions contained in (b) The amendment made by subsection (a) for internal audits and investigations, and the the language of the joint explanatory statement shall take effect as if included in the enactment remaining funds shall be for one-time associated of managers accompanying the conference re- of the Help America Vote Act of 2002. needs such as information technology and other port on H.R. 1591 of the 110th Congress (H. SEC. 6302. The structure of any of the offices such administrative support. Rept. 110–107): or components within the Office of National SEC. 6307. Section 21073 of the Continuing Ap- ‘‘Medical Services’’. Drug Control Policy shall remain as they were propriations Resolution, 2007 (Public Law 110–5) ‘‘Medical Administration’’. on October 1, 2006. None of the funds appro- is amended by adding a new subsection (j) as ‘‘Medical Facilities’’. priated or otherwise made available in the Con- follows: ‘‘(j) Notwithstanding section 101, any appro- ‘‘Medical and Prosthetic Research’’. tinuing Appropriations Resolution, 2007 (Public priation or funds made available to the District ‘‘General Operating Expenses’’. Law 110–5) may be used to implement a reorga- of Columbia pursuant to this Act for ‘Federal ‘‘Information Technology Systems’’. nization of offices within the Office of National Drug Control Policy without the explicit ap- Payment for Foster Care Improvement in the ‘‘Construction, Minor Projects’’. District of Columbia’ shall be available in ac- (b) The Secretary of Veterans Affairs shall proval of the Committees on Appropriations of the House of Representatives and the Senate. cordance with an expenditure plan submitted by submit all reports requested in House Report the Mayor of the District of Columbia not later 110–60 and Senate Report 110–37, to the Commit- SEC. 6303. From the amount provided by sec- tion 21067 of the Continuing Appropriations than 60 days after the enactment of this section tees on Appropriations of both Houses of Con- which details the activities to be carried out gress. Resolution, 2007 (Public Law 110–5), the Na- tional Archives and Records Administration with such Federal Payment.’’. SEC. 5705. Subsection (d) of section 2023 of may obligate monies necessary to carry out the SEC. 6308. It is the sense of Congress that the title 38, United States Code, is amended by strik- activities of the Public Interest Declassification Small Business Administration will provide, ing ‘‘shall cease’’ and all that follows through Board. through funds available within amounts al- ‘‘program’’ and inserting ‘‘shall cease on Sep- SEC. 6304. Notwithstanding the notice require- ready appropriated for Small Business Adminis- tember 30, 2007’’. ment of the Transportation, Treasury, Housing tration disaster assistance, physical and eco- TITLE VI—OTHER MATTERS and Urban Development, the Judiciary, the Dis- nomic injury disaster loans to Kansas businesses and homeowners devastated by the severe torna- CHAPTER 1 trict of Columbia, and Independent Agencies Appropriations Act, 2006, 119 Stat. 2509 (Public does, storms, and flooding that occurred begin- DEPARTMENT OF AGRICULTURE Law 109–115), as continued in section 104 of the ning on May 4, 2007. FARM SERVICE AGENCY Continuing Appropriations Resolution, 2007 CHAPTER 4 SALARIES AND EXPENSES (Public Law 110–5), the District of Columbia DEPARTMENT OF HOMELAND SECURITY For an additional amount for ‘‘Salaries and Courts may reallocate not more than $1,000,000 GENERAL PROVISIONS—THIS CHAPTER of the funds provided for fiscal year 2007 under Expenses’’ of the Farm Service Agency, SEC. 6401. Not to exceed $30,000,000 from unob- $37,500,000, to remain available until September the Federal Payment to the District of Columbia ligated balances remaining from prior appro- 30, 2008: Provided, That this amount shall only Courts for facilities among the items and entities priations for United States Coast Guard, ‘‘Re- be available for network and database/applica- funded under that heading for operations. tired Pay’’, shall remain available until ex- SEC. 6305. (a) Not later than 90 days after the tion stabilization. pended in the account and for the purposes for date of enactment of this Act, the Secretary of which the appropriations were provided, includ- GENERAL PROVISIONS—THIS CHAPTER the Treasury, in coordination with the Securi- ing the payment of obligations otherwise SEC. 6101. Of the funds made available ties and Exchange Commission and in consulta- chargeable to lapsed or current appropriations through appropriations to the Food and Drug tion with the Departments of State and Energy, for this purpose: Provided, That within 45 days Administration for fiscal year 2007, not less than shall prepare and submit to the Senate Com- after the date of enactment of this Act, the $4,000,000 shall be for the Office of Women’s mittee on Appropriations, the House Committee United States Coast Guard shall submit to the Health of such Administration. on Appropriations, the Senate Committee on Committees on Appropriations of the Senate and SEC. 6102. None of the funds made available to Banking, Housing, and Urban Affairs, the the House of Representatives the following: (1) a the Department of Agriculture for fiscal year House Committee on Financial Services, the report on steps being taken to improve the accu- 2007 may be used to implement the risk-based in- Senate Foreign Relations Committee, and the racy of its estimates for the ‘‘Retired Pay’’ ap- spection program in the 30 prototype locations House Foreign Affairs Committee a written re- propriation; and (2) quarterly reports on the use announced on February 22, 2007, by the Under port, which may include a classified annex, con- of unobligated balances made available by this Secretary for Food Safety, or at any other loca- taining the names of companies which either di- Act to address the projected shortfall in the tions, until the USDA Office of Inspector Gen- rectly or through a parent or subsidiary com- ‘‘Retired Pay’’ appropriation, as well as up- eral has provided its findings to the Food Safety pany, including partly-owned subsidiaries, are dated estimates for fiscal year 2008. and Inspection Service and the Committees on known to conduct significant business oper- SEC. 6402. (a) IN GENERAL.—Any contract, Appropriations of the House of Representatives ations in Sudan relating to natural resource ex- subcontract, task or delivery order described in and the Senate on the data used in support of traction, including oil-related activities and subsection (b) shall contain the following: the development and design of the risk-based in- mining of minerals. The reporting provision (1) A requirement for a technical review of all spection program and FSIS has addressed and shall not apply to companies operating under li- designs, design changes, and engineering resolved issues identified by OIG. censes from the Office of Foreign Assets Control change proposals, and a requirement to specifi- CHAPTER 2 or otherwise expressly exempted under United cally address all engineering concerns identified States law from having to obtain such licenses GENERAL PROVISIONS—THIS CHAPTER in the review before the obligation of further in order to operate in Sudan. funds may occur. SEC. 6201. Hereafter, Federal employees at the (b) Not later than 45 days following the sub- (2) A requirement that the Coast Guard main- National Energy Technology Laboratory shall mission to Congress of the list of companies con- tain technical warrant holder authority, or the be classified as inherently governmental for the ducting business operations in Sudan relating to equivalent, for major assets. purpose of the Federal Activities Inventory Re- natural resource extraction as required above, (3) A requirement that no procurement subject form Act of 1998 (31 U.S.C. 501 note). the General Services Administration shall deter- to subsection (b) for lead asset production or the SEC. 6202. None of the funds made available mine whether the United States Government has implementation of a major design change shall under this or any other Act shall be used during an active contract for the procurement of goods be entered into unless an independent third fiscal year 2007 to make, or plan or prepare to or services with any of the identified companies, party with no financial interest in the develop- make, any payment on bonds issued by the Ad- and provide notification to the appropriate com- ment, construction, or modification of any com- ministrator of the Bonneville Power Administra- mittees of Congress, which may include a classi- ponent of the asset, selected by the Com- tion (referred in this section as the ‘‘Adminis- fied annex, regarding the companies, nature of mandant, determines that such action is advis- trator’’) or for an appropriated Federal Colum- the contract, and dollar amounts involved. able. bia River Power System investment, if the pay- (INCLUDING RESCISSION) (4) A requirement for independent life-cycle ment is both— SEC. 6306. (a) Of the funds provided for the cost estimates of lead assets and major design (1) greater, during any fiscal year, than the General Services Administration, ‘‘Office of In- and engineering changes. payments calculated in the rate hearing of the spector General’’ in section 21061 of the Con- (5) A requirement for the measurement of con- Administrator to be made during that fiscal year tinuing Appropriations Resolution, 2007 (divi- tractor and subcontractor performance based on using the repayment method used to establish sion B of Public Law 109–289, as amended by the status of all work performed. For contracts the rates of the Administrator as in effect on Public Law 110–5), $4,500,000 are rescinded. under the Integrated Deepwater Systems pro- October 1, 2006; and (b) For an additional amount for the General gram, such requirement shall include a provi- (2) based or conditioned on the actual or ex- Services Administration, ‘‘Office of Inspector sion that links award fees to successful acquisi- pected net secondary power sales receipts of the General’’, $4,500,000, to remain available until tion outcomes (which shall be defined in terms Administrator. September 30, 2008. of cost, schedule, and performance).

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00233 Fmt 0624 Sfmt 6333 E:\CR\FM\A24MY6.066 S24MYPT1 bajohnson on PRODPC74 with SENATE S6810 CONGRESSIONAL RECORD — SENATE May 24, 2007 (6) A requirement that the Commandant of the ment and oversight of the Integrated Deepwater (A) the entity was selected by the Department Coast Guard assign an appropriate officer or Systems program; and (ii) a report on how the of Homeland Security as a contractor to develop employee of the Coast Guard to act as chair of Coast Guard will utilize full and open competi- or construct the system or element concerned each integrated product team and higher-level tion for any contract that provides for the ac- through the use of competitive procedures; and team assigned to the oversight of each inte- quisition or modification of assets under, or in (B) the Department took appropriate steps to grated product team. support of, the Integrated Deepwater Systems prevent any organizational conflict of interest (7) A requirement that the Commandant of the program, entered into after the date of enact- in the selection process; or Coast Guard may not award or issue any con- ment of this Act. (2) the entity was selected by a subcontractor tract, task or delivery order, letter contract (2) Within 30 days following the submission of to serve as a lower-tier subcontractor, through a modification thereof, or other similar contract, the expenditure plan required under subsection process over which the entity exercised no con- for the acquisition or modification of an asset (c), the Government Accountability Office shall trol. under a procurement subject to subsection (b) review the plan and brief the Committees on Ap- (c) CONSTRUCTION.—Nothing in this section unless the Coast Guard and the contractor con- propriations of the Senate and the House of shall be construed to preclude an entity de- cerned have formally agreed to all terms and Representatives on its findings. scribed in subsection (a) from performing work conditions or the head of contracting activity SEC. 6403. None of the funds provided in this necessary to integrate two or more individual for the Coast Guard determines that a compel- Act or any other Act may be used to alter or re- systems or elements of a system of systems with ling need exists for the award or issue of such duce operations within the Civil Engineering each other. (d) REGULATIONS UPDATE.—Not later than instrument. Program of the Coast Guard nationwide, includ- July 1, 2007, the Secretary of Homeland Security (b) CONTRACTS, SUBCONTRACTS, TASK AND DE- ing the civil engineering units, facilities, design shall update the acquisition regulations of the LIVERY ORDERS COVERED.—Subsection (a) ap- and construction centers, maintenance and lo- Department of Homeland Security in order to plies to— gistics command centers, and the Coast Guard specify fully in such regulations the matters (1) any major procurement contract, first-tier Academy, except as specifically authorized by a with respect to lead system integrators set forth subcontract, delivery or task order entered into statute enacted after the date of enactment of in this section. Included in such regulations by the Coast Guard; this Act. shall be: (1) a precise and comprehensive defini- (2) any first-tier subcontract entered into (INCLUDING RESCISSIONS OF FUNDS) tion of the term ‘‘lead system integrator’’, mod- under such a contract; and SEC. 6404. (a) RESCISSIONS.—The following un- eled after that used by the Department of De- (3) any task or delivery order issued pursuant obligated balances made available pursuant to fense; and (2) a specification of various types of to such a contract or subcontract. section 505 of Public Law 109–90 are rescinded: contracts and fee structures that are appro- (c) EXPENDITURE OF DEEPWATER FUNDS.—Of $1,200,962 from the ‘‘Office of the Secretary and priate for use by lead system integrators in the the funds available for the Integrated Deep- Executive Management’’; $512,855 from the ‘‘Of- water Systems program, $650,000,000 may not be production, fielding, and sustainment of com- fice of the Under Secretary for Management’’; plex systems. obligated until the Committees on Appropria- $461,874 from the ‘‘Office of the Chief Informa- tions of the Senate and the House of Represent- tion Officer’’; $45,080 from the ‘‘Office of the CHAPTER 5 atives receive an expenditure plan directly from Chief Financial Officer’’; $968,211 from Pre- GENERAL PROVISIONS—THIS CHAPTER the Coast Guard that— paredness ‘‘Management and Administration’’; SEC. 6501. Section 20515 of the Continuing Ap- (1) defines activities, milestones, yearly costs, $1,215,486 from Science and Technology ‘‘Man- propriations Resolution, 2007 (division B of Pub- and life-cycle costs for each procurement of a agement and Administration’’; $450,000 from lic Law 109–289, as amended by Public Law 110– major asset; United States Secret Service ‘‘Salaries and Ex- 5) is amended by inserting before the period: ‘‘; (2) identifies life-cycle staffing and training penses’’; $450,000 from Federal Emergency Man- and of which, not to exceed $143,628,000 shall be needs of Coast Guard project managers and of agement Agency ‘‘Administrative and Regional available for contract support costs under the procurement and contract staff; Operations’’; and $25,595,532 from United States terms and conditions contained in Public Law (3) identifies competition to be conducted in Coast Guard ‘‘Operating Expenses’’. 109–54’’. each procurement; (b) ADDITIONAL APPROPRIATIONS.— SEC. 6502. Section 20512 of the Continuing Ap- (4) describes procurement plans that do not (1) For an additional amount for United propriations Resolution, 2007 (division B of Pub- rely on a single industry entity or contract; States Coast Guard ‘‘Acquisition, Construction, lic Law 109–289, as amended by Public Law 110– (5) contains very limited indefinite delivery/in- and Improvements’’, $30,000,000, to remain 5) is amended by inserting after the first dollar definite quantity contracts and explains the available until September 30, 2009, to mitigate amount: ‘‘, of which not to exceed $7,300,000 need for any indefinite delivery/indefinite quan- the Service’s patrol boat operational gap. shall be transferred to the ‘Indian Health Fa- tity contracts; (2) For an additional amount for the ‘‘Office cilities’ account; the amount in the second pro- (6) complies with all applicable acquisition of the Under Secretary for Management’’, viso shall be $18,000,000; the amount in the third rules, requirements, and guidelines, and incor- $900,000 for an independent study to compare proviso shall be $525,099,000; the amount in the porates the best systems acquisition management the Department of Homeland Security senior ca- ninth proviso shall be $269,730,000; and the practices of the Federal Government; reer and political staffing levels and senior ca- $15,000,000 allocation of funding under the elev- (7) complies with the capital planning and in- reer training programs with those of similarly enth proviso shall not be required’’. vestment control requirements established by the structured cabinet-level agencies as detailed in SEC. 6503. Section 20501 of the Continuing Ap- Office of Management and Budget, including House Report 110–107: Provided, That the De- propriations Resolution, 2007 (division B of Pub- circular A–11, part 7; partment of Homeland Security shall provide to lic Law 109–289, as amended by Public Law 110– (8) includes a certification by the head of con- the Committees on Appropriations of the Senate 5) is amended by inserting after ‘‘$55,663,000’’ tracting activity for the Coast Guard and the and the House of Representatives by July 20, the following: ‘‘of which $13,000,000 shall be for Chief Procurement Officer of the Department of 2007, a report on senior staffing, as detailed in Save America’s Treasures’’. Homeland Security that the Coast Guard has es- Senate Report 110–37, and the Government Ac- SEC. 6504. Funds made available to the United tablished sufficient controls and procedures and countability Office shall report on the strengths States Fish and Wildlife Service for fiscal year has sufficient staffing to comply with all con- and weakness of this report within 90 days after 2007 under the heading ‘‘Land Acquisition’’ may tracting requirements, and that any conflicts of its submission. be used for land conservation partnerships au- interest have been sufficiently addressed; SEC. 6405. (a) IN GENERAL.—With respect to thorized by the Highlands Conservation Act of (9) includes a description of the process used contracts entered into after July 1, 2007, and ex- 2004. to act upon deviations from the contractually cept as provided in subsection (b), no entity per- CHAPTER 6 specified performance requirements and clearly forming lead system integrator functions in the DEPARTMENT OF HEALTH AND HUMAN explains the actions taken on such deviations; acquisition of a major system by the Department SERVICES (10) includes a certification that the Assistant of Homeland Security may have any direct fi- NATIONAL INSTITUTES OF HEALTH Commandant of the Coast Guard for Engineer- nancial interest in the development or construc- NATIONAL INSTITUTE OF ALLERGY AND ing and Logistics is designated as the technical tion of any individual system or element of any INFECTIOUS DISEASES authority for all engineering, design, and logis- system of systems. tics decisions pertaining to the Integrated Deep- (b) EXCEPTION.—An entity described in sub- (TRANSFER OF FUNDS) water Systems program; and section (a) may have a direct financial interest Of the amount provided by the Continuing (11) identifies progress in complying with the in the development or construction of an indi- Appropriations Resolution, 2007 (division B of requirements of subsection (a). vidual system or element of a system of systems Public Law 109–289, as amended by Public Law (d) REPORTS.—(1) Not later than 30 days after if— 110–5) for ‘‘National Institute of Allergy and In- the date of enactment of this Act, the Com- (1) the Secretary of Homeland Security cer- fectious Diseases’’, $49,500,000 shall be trans- mandant of the Coast Guard shall submit to the tifies to the Committees on Appropriations of the ferred to ‘‘Public Health and Social Services Committees on Appropriations of the Senate and Senate and the House of Representatives, the Emergency Fund’’ to carry out activities relat- the House of Representatives; the Committee on Committee on Homeland Security of the House ing to advanced research and development as Commerce, Science and Transportation of the of Representatives, the Committee on Transpor- provided by section 319L of the Public Health Senate; and the Committee on Transportation tation and Infrastructure of the House of Rep- Service Act. and Infrastructure of the House of Representa- resentatives, the Committee on Homeland Secu- OFFICE OF THE DIRECTOR tives: (i) a report on the resources (including rity and Governmental Affairs of the Senate, (TRANSFER OF FUNDS) training, staff, and expertise) required by the and the Committee on Commerce, Science and Of the amount provided by the Continuing Coast Guard to provide appropriate manage- Transportation of the Senate that— Appropriations Resolution, 2007 (division B of

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00234 Fmt 0624 Sfmt 6333 E:\CR\FM\A24MY6.066 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6811 Public Law 109–289, as amended by Public Law cation Appropriations Act, 2006, relating to al- ending before January 1, 2008, as designated by 110–5) for ‘‘Office of the Director’’, $49,500,000 ternative financing programs under section the plan in the election made under clause shall be transferred to ‘‘Public Health and So- 4(b)(2)(D) of the Assistive Technology Act of (i)(II)’’; and cial Services Emergency Fund’’ to carry out ac- 1998 shall not apply to funds appropriated by (C) by adding at the end the following new tivities relating to advanced research and devel- the Continuing Appropriations Resolution, 2007. clause: opment as provided by section 319L of the Public SEC. 6608. From the amounts made available ‘‘(vii) For purposes of this Act and the Inter- Health Service Act. by the Continuing Appropriations Resolution, nal Revenue Code of 1986, a plan making an NATIONAL COUNCIL ON DISABILITY 2007 (division B of Public Law 109–289, as election under this subparagraph shall be treat- SALARIES AND EXPENSES amended by Public Law 110–5) for administra- ed as maintained pursuant to a collective bar- For an additional amount for ‘‘Salaries and tive expenses of the Department of Education, gaining agreement if a collective bargaining Expenses’’, $300,000, to remain available until $500,000 are rescinded: Provided, That such re- agreement, expressly or otherwise, provides for expended, for necessary expenses related to the duction shall not apply to funds available to the or permits employer contributions to the plan by requirements of the Post-Katrina Emergency Office for Civil Rights and the Office of the In- one or more employers that are signatory to Management Reform Act of 2006, as enacted by spector General. such agreement, or participation in the plan by SEC. 6609. Notwithstanding sections 20639 and the Department of Homeland Security Appro- one or more employees of an employer that is 20640 of the Continuing Appropriations Resolu- priations Act, 2007 (Public Law 109–295). signatory to such agreement, regardless of tion, 2007, as amended by section 2 of the Re- whether the plan was created, established, or GENERAL PROVISIONS—THIS CHAPTER vised Continuing Appropriations Resolution, maintained for such employees by virtue of an- (INCLUDING TRANSFERS OF FUNDS AND 2007 (Public Law 110–5), the Chief Executive Of- other document that is not a collective bar- RESCISSIONS) ficer of the Corporation for National and Com- gaining agreement.’’. SEC. 6601. Section 20602 of the Continuing Ap- munity Service may transfer an amount of not (2) Paragraph (6) of section 414(f) of the Inter- propriations Resolution, 2007 (division B of Pub- more than $1,360,000 from the account under the nal Revenue Code of 1986 (relating to election lic Law 109–289, as amended by Public Law 110– heading ‘‘National and Community Service Pro- with regard to multiemployer status) (as amend- 5) is amended by inserting the following after grams, Operating Expenses’’ under the heading ed by section 1106(b) of the Pension Protection ‘‘$5,000,000’’: ‘‘(together with an additional ‘‘Corporation for National and Community Act of 2006) is amended— $7,000,000 which shall be transferred by the Pen- Service’’, to the account under the heading (A) in subparagraph (A)(ii)(I), by striking sion Benefit Guaranty Corporation as an au- ‘‘Salaries and Expenses’’ under the heading ‘‘for each of the 3 plan years immediately before thorized administrative cost), to remain avail- ‘‘Corporation for National and Community the date of enactment of the Pension Protection able through September 30, 2008,’’. Service’’. Act of 2006,’’ and inserting ‘‘for each of the 3 SEC. 6602. (a) None of the funds available to SEC. 6610. (a) Section 1310.12(a) of title 45, plan years immediately preceding the first plan the Mine Safety and Health Administration Code of Federal Regulations, shall take effect 30 year for which the election under this para- under the Continuing Appropriations Resolu- days after the date of enactment of this Act. graph is effective with respect to the plan,’’; (b)(1) Not later than 60 days after the Na- tion, 2007 (division B of Public Law 109–289, as (B) in subparagraph (B), by striking ‘‘starting tional Highway Traffic Safety Administration of amended by Public Law 110–5) shall be used to with the first plan year ending after the date of the Department of Transportation submits its enter into or carry out a contract for the per- the enactment of the Pension Protection Act of study on occupant protection on Head Start formance by a contractor of any operations or 2006’’ and inserting ‘‘starting with any plan transit vehicles (related to Government Account- services pursuant to the public-private competi- year beginning on or after January 1, 1999, and ability Office report GAO–06–767R), the Sec- tions conducted under Office of Management ending before January 1, 2008, as designated by retary of Health and Human Services shall re- and Budget Circular A–76. the plan in the election made under subpara- (b) Hereafter, Federal employees at the Mine view and shall revise as necessary the allowable graph (A)(ii)’’; and Safety and Health Administration shall be clas- alternate vehicle standards described in that (C) by adding at the end the following new sified as inherently governmental for the pur- part 1310 (or any corresponding similar regula- subparagraph: pose of the Federal Activities Inventory Reform tion or ruling) relating to allowable alternate ‘‘(F) MAINTENANCE UNDER COLLECTIVE BAR- Act of 1998 (31 U.S.C. 501 note). vehicles used to transport children for a Head GAINING AGREEMENT.—For purposes of this title SEC. 6603. Section 20607 of the Continuing Ap- Start program. In making any such revision, the propriations Resolution, 2007 (division B of Pub- Secretary shall revise the standards to be con- and the Employee Retirement Income Security lic Law 109–289, as amended by Public Law 110– sistent with the findings contained in such Act of 1974, a plan making an election under 5) is amended by inserting ‘‘of which $9,666,000 study, including making a determination on the this paragraph shall be treated as maintained shall be for the Women’s Bureau,’’ after ‘‘for exemption of such a vehicle from Federal seat pursuant to a collective bargaining agreement if child labor activities,’’. spacing requirements, and Federal supporting a collective bargaining agreement, expressly or otherwise, provides for or permits employer con- SEC. 6604. Of the amount provided for ‘‘De- seating requirements related to compartmen- partment of Health and Human Services, Health talization, if such vehicle meets all other appli- tributions to the plan by one or more employers Resources and Services Administration, Health cable Federal motor vehicle safety standards, in- that are signatory to such agreement, or partici- Resources and Services’’ in the Continuing Ap- cluding standards for seating systems, occupant pation in the plan by one or more employees of propriations Resolution, 2007 (division B of Pub- crash protection, seat belt assemblies, and child an employer that is signatory to such agree- lic Law 109–289, as amended by Public Law 110– restraint anchorage systems consistent with that ment, regardless of whether the plan was cre- 5), $23,000,000 shall be for Poison Control Cen- part 1310 (or any corresponding similar regula- ated, established, or maintained for such em- ters. tion or ruling). ployees by virtue of another document that is SEC. 6605. From the amounts made available (2) Notwithstanding subsection (a), until such not a collective bargaining agreement.’’. by the Continuing Appropriations Resolution, date as the Secretary of Health and Human (b)(1) Clause (vi) of section 3(37)(G) of the Em- 2007 (division B of Public Law 109–289, as Services completes the review and any necessary ployee Retirement Income Security Act of 1974 amended by Public Law 110–5) for the Office of revision specified in paragraph (1), the provi- (as amended by section 1106(a) of the Pension the Secretary, General Departmental Manage- sions of section 1310.12(a) relating to Federal Protection Act of 2006) is amended by striking ment under the Department of Health and seat spacing requirements, and Federal sup- ‘‘if it is a plan—’’ and all that follows and in- Human Services, $500,000 are rescinded. porting seating requirements related to serting the following: ‘‘if it is a plan sponsored SEC. 6606. Section 20625(b)(1) of the Con- compartmentalization, for allowable alternate by an organization which is described in section tinuing Appropriations Resolution, 2007 (divi- vehicles used to transport children for a Head 501(c)(5) of the Internal Revenue Code of 1986 sion B of Public Law 109–289, as amended by Start program, shall not apply to such a vehicle and exempt from tax under section 501(a) of Public Law 110–5) is amended by— if such vehicle meets all other applicable Federal such Code and which was established in Chi- (1) striking ‘‘$7,172,994,000’’ and inserting motor vehicle safety standards, as described in cago, Illinois, on August 12, 1881.’’. ‘‘$7,176,431,000’’; paragraph (1). (2) Subparagraph (E) of section 414(f)(6) of (2) amending subparagraph (A) to read as fol- SEC. 6611. (a)(1) Section 3(37)(G) of the Em- the Internal Revenue Code of 1986 (as amended lows: ‘‘(A) $5,454,824,000 shall be for basic grants ployee Retirement Income Security Act of 1974 by section 1106(b) of the Pension Protection Act under section 1124 of the Elementary and Sec- (29 U.S.C. 1002(37)(G)) (as amended by section of 2006) is amended by striking ‘‘if it is a plan— ondary Education Act of 1965 (ESEA), of which 1106(a) of the Pension Protection Act of 2006) is ’’ and all that follows and inserting the fol- up to $3,437,000 shall be available to the Sec- amended— lowing: ‘‘if it is a plan sponsored by an organi- retary of Education on October 1, 2006, to obtain (A) in clause (i)(II)(aa), by striking ‘‘for each zation which is described in section 501(c)(5) annually updated educational-agency-level cen- of the 3 plan years immediately before the date and exempt from tax under section 501(a) and sus poverty data from the Bureau of the Cen- of the enactment of the Pension Protection Act which was established in Chicago, Illinois, on sus;’’; and of 2006,’’ and inserting ‘‘for each of the 3 plan August 12, 1881.’’. (3) amending subparagraph (C) to read as fol- years immediately preceding the first plan year (c) The amendments made by this section shall lows: ‘‘(C) not to exceed $2,352,000 may be avail- for which the election under this paragraph is take effect as if included in section 1106 of the able for section 1608 of the ESEA and for a effective with respect to the plan,’’; Pension Protection Act of 2006. clearinghouse on comprehensive school reform (B) in clause (ii), by striking ‘‘starting with SEC. 6612. (a) Subclause (III) of section under part D of title V of the ESEA;’’. the first plan year ending after the date of the 420(f)(2)(E)(i) of the Internal Revenue Code of SEC. 6607. The provision in the first proviso enactment of the Pension Protection Act of 1986 is amended by striking ‘‘subsection under the heading ‘‘Rehabilitation Services and 2006’’ and inserting ‘‘starting with any plan (c)(2)(E)(ii)(II)’’ and inserting ‘‘subsection Disability Research’’ in the Department of Edu- year beginning on or after January 1, 1999, and (c)(3)(E)(ii)(II)’’.

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00235 Fmt 0624 Sfmt 6333 E:\CR\FM\A24MY6.066 S24MYPT1 bajohnson on PRODPC74 with SENATE S6812 CONGRESSIONAL RECORD — SENATE May 24, 2007 (b) Section 420(e)(2)(B) of the Internal Rev- propriations Act, 2006 (Public Law 109–102) is anisms to apply Federal motor carrier safety enue Code of 1986 is amended by striking ‘‘fund- amended, in the second proviso, by inserting laws and regulations to motor carriers domiciled ing shortfall’’ and inserting ‘‘funding target’’. after ‘‘subsection (b) of that section’’ the fol- in Mexico that are granted authority to operate (c) The amendments made by this section shall lowing: ‘‘and the requirement that a majority of beyond the United States municipalities and take effect as if included in the provisions of the the members of the board of directors be United commercial zones on the United States-Mexico Pension Protection Act of 2006 to which they re- States citizens provided in subsection (d)(3)(B) border and to ensure compliance with such laws late. of that section’’. and regulations; and SEC. 6613. (a) Subparagraph (A) of section (c) Subject to section 101(c)(2) of the Con- (2) the Secretary of Transportation shall— 420(c)(3) of the Internal Revenue Code of 1986 is tinuing Appropriations Resolution, 2007 (divi- (A) take such action as may be necessary to amended by striking ‘‘transfer.’’ and inserting sion B of Public Law 109–289, as amended by address any issues raised in the report of the In- ‘‘transfer or, in the case of a transfer which in- Public Law 110–5), the amount of funds appro- spector General under subsection (b)(1) and sub- volves a plan maintained by an employer de- priated for ‘‘Foreign Military Financing Pro- mit a report to Congress detailing such actions; scribed in subsection (f)(2)(E)(i)(III), if the plan gram’’ pursuant to such Resolution shall be and meets the requirements of subsection construed to be the total of the amount appro- (B) publish in the Federal Register, and pro- (f)(2)(D)(i)(II).’’. priated for such program by section 20401 of vide sufficient opportunity for public notice and (b) The amendment made by subsection (a) that Resolution and the amount made available comment— (i) comprehensive data and information on the shall apply to transfers after the date of the en- for such program by section 591 of the Foreign pre-authorization safety audits conducted be- actment of this Act. Operations, Export Financing, and Related Pro- fore and after the date of enactment of this Act SEC. 6614. (a) Section 402(i)(1) of the Pension grams Appropriations Act, 2006 (Public Law of motor carriers domiciled in Mexico that are Protection Act of 2006 is amended by striking 109–102) which is made applicable to the fiscal granted authority to operate beyond the United ‘‘December 28, 2007’’ and inserting ‘‘January 1, year 2007 by the provisions of such Resolution. States municipalities and commercial zones on 2008’’. SEC. 6802. Notwithstanding any provision of (b) The amendment made by subsection (a) the United States-Mexico border; title I of division B of the Continuing Appro- (ii) specific measures to be required to protect shall take effect as if included in section 402 of priations Resolution, 2007 (division B of Public the Pension Protection Act of 2006. the health and safety of the public, including Law 109–289, as amended by Public Laws 109– enforcement measures and penalties for non- SEC. 6615. (a) Section 402(a)(2) of the Pension 369, 109–383, and 110–5), the dollar amount limi- Protection Act of 2006 is amended by inserting compliance; tation of the first proviso under the heading, (iii) specific measures to be required to ensure ‘‘and by using, in determining the funding tar- ‘‘Administration of Foreign Affairs, Diplomatic compliance with section 391.11(b)(2) and section get for each of the 10 plan years during such pe- and Consular Programs’’, in title IV of the 365.501(b) of title 49, Code of Federal Regula- riod, an interest rate of 8.25 percent (rather Science, State, Justice, Commerce, and Related tions; than the segment rates calculated on the basis Agencies Appropriations Act, 2006 (Public Law (iv) specific standards to be used to evaluate of the corporate bond yield curve)’’ after ‘‘such 109–108; 119 Stat. 2319) shall not apply to funds the pilot program and compare any change in plan year’’. appropriated under such heading for fiscal year the level of motor carrier safety as a result of (b) The amendment made by this section shall 2007. the pilot program; and take effect as if included in the provisions of the CHAPTER 9 (v) a list of Federal motor carrier safety laws Pension Protection Act of 2006 to which such and regulations, including the commercial driv- DEPARTMENT OF HOUSING AND URBAN amendment relates. ers license requirements, for which the Secretary DEVELOPMENT CHAPTER 7 of Transportation will accept compliance with a FFICE OF FEDERAL HOUSING ENTERPRISE LEGISLATIVE BRANCH O corresponding Mexican law or regulation as the OVERSIGHT HOUSE OF REPRESENTATIVES equivalent to compliance with the United States SALARIES AND EXPENSES law or regulation, including for each law or reg- PAYMENT TO WIDOWS AND HEIRS OF DECEASED (INCLUDING TRANSFER OF FUNDS) ulation an analysis as to how the corresponding MEMBERS OF CONGRESS For an additional amount to carry out the United States and Mexican laws and regula- For payment to Gloria W. Norwood, widow of Federal Housing Enterprises Financial Safety tions differ. Charles W. Norwood, Jr., late a Representative and Soundness Act of 1992, $6,150,000, to remain (c) During and following the pilot program de- from the State of Georgia, $165,200. available until expended, to be derived from the scribed in subsection (a), the Inspector General For payment to James McDonald, Jr., wid- of the Department of Transportation shall mon- ower of Juanita Millender-McDonald, late a Federal Housing Enterprises Oversight Fund and to be subject to the same terms and condi- itor and review the conduct of the pilot program Representative from the State of California, and submit to Congress and the Secretary of $165,200. tions pertaining to funds provided under this heading in Public Law 109–115: Provided, That Transportation an interim report, 6 months after GENERAL PROVISION—THIS CHAPTER not to exceed the total amount provided for the commencement of the pilot program, and a SEC. 6701. (a) There is established in the Of- these activities for fiscal year 2007 shall be final report, within 60 days after the conclusion fice of the Architect of the Capitol the position available from the general fund of the Treasury of the pilot program. Such reports shall address of Chief Executive Officer for Visitor Services to the extent necessary to incur obligations and whether— (1) the Secretary of Transportation has estab- (in this section referred to as the ‘‘Chief Execu- make expenditures pending the receipt of collec- lished sufficient mechanisms to determine tive Officer’’), who shall be appointed by the tions to the Fund: Provided further, That the whether the pilot program is having any adverse Architect of the Capitol. general fund amount shall be reduced as collec- effects on motor carrier safety; (b) The Chief Executive Officer shall be re- tions are received during the fiscal year so as to (2) Federal and State monitoring and enforce- sponsible for the operation and management of result in a final appropriation from the general ment activities are sufficient to ensure that par- the Capitol Visitor Center, subject to the direc- fund estimated at not more than $0. tion of the Architect of the Capitol. In carrying ticipants in the pilot program are in compliance GENERAL PROVISIONS—THIS CHAPTER out these responsibilities, the Chief Executive with all applicable laws and regulations; and Officer shall report directly to the Architect of SEC. 6901. (a) Hereafter, funds limited or ap- (3) the pilot program consists of a representa- the Capitol and shall be subject to policy review propriated for the Department of Transpor- tive and adequate sample of Mexico-domiciled and oversight by the Committee on Rules and tation may be obligated or expended to grant carriers likely to engage in cross-border oper- Administration of the Senate and the Committee authority to a Mexico-domiciled motor carrier to ations beyond United States municipalities and on House Administration of the House of Rep- operate beyond United States municipalities and commercial zones on the United States-Mexico resentatives. commercial zones on the United States-Mexico border. (c) The Chief Executive Officer shall be paid border only to the extent that— (d) In the event that the Secretary of Trans- at an annual rate equal to the annual rate of (1) granting such authority is first tested as portation in any fiscal year seeks to grant oper- pay for the Chief Operating Officer of the Office part of a pilot program; ating authority for the purpose of initiating of the Architect of the Capitol. (2) such pilot program complies with the re- cross-border operations beyond United States (d) This section shall apply with respect to fis- quirements of section 350 of Public Law 107–87 municipalities and commercial zones on the cal year 2007 and each succeeding fiscal year. and the requirements of section 31315(c) of title United States-Mexico border either with Mexico- 49, United States Code, related to pilot pro- domiciled motor coaches or Mexico-domiciled CHAPTER 8 grams; and commercial motor vehicles carrying placardable GENERAL PROVISIONS—THIS CHAPTER (3) simultaneous and comparable authority to quantities of hazardous materials, such activi- TECHNICAL AMENDMENT operate within Mexico is made available to ties shall be initiated only after the conclusion SEC. 6801. (a) Notwithstanding any other pro- motor carriers domiciled in the United States. of a separate pilot program limited to vehicles of vision of law, subsection (c) under the heading (b) Prior to the initiation of the pilot program the pertinent type. Each such separate pilot ‘‘Assistance for the Independent States of the described in subsection (a) in any fiscal year— program shall follow the same requirements and Former Soviet Union’’ in Public Law 109–102, (1) the Inspector General of the Department of processes stipulated under subsections (a) shall not apply to funds appropriated by the Transportation shall transmit to Congress and through (c) of this section and shall be planned, Continuing Appropriations Resolution, 2007 the Secretary of Transportation a report conducted and evaluated in concert with the (Public Law 109–289, division B) as amended by verifying compliance with each of the require- Department of Homeland Security or its Inspec- Public Laws 109–369, 109–383, and 110–5. ments of subsection (a) of section 350 of Public tor General, as appropriate, so as to address any (b) Section 534(k) of the Foreign Operations, Law 107–87, including whether the Secretary of and all security concerns associated with such Export Financing, and Related Programs Ap- Transportation has established sufficient mech- cross-border operations.

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SEC. 6902. Funds provided for the ‘‘National tion 2104(h) of the Social Security Act (42 U.S.C. State Children’s Health Insurance Program, or Transportation Safety Board, Salaries and Ex- 1397dd(h)), as added by section 201(a) of the Na- to promulgate or implement a new rule or provi- penses’’ in section 21031 of the Continuing Ap- tional Institutes of Health Reform Act of 2006 sion during such period with respect to such propriations Resolution, 2007 (division B of Pub- (Public Law 109–482), is amended— programs, other than a rule or provision de- lic Law 109–289, as amended by Public Law 110– (1) in the heading for paragraph (2), by strik- scribed in paragraph (1) and subject to the pro- 5) include amounts necessary to make lease pay- ing ‘‘REMAINDER OF REDUCTION’’ and inserting hibition set forth in that paragraph. ments due in fiscal year 2007 only, on an obliga- ‘‘PART’’; and (b) REQUIREMENT FOR USE OF TAMPER-RESIST- tion incurred in 2001 under a capital lease. (2) by striking paragraph (4) and inserting the ANT PRESCRIPTION PADS UNDER THE MEDICAID SEC. 6903. Section 21033 of the Continuing Ap- following: PROGRAM.— propriations Resolution, 2007 (division B of Pub- ‘‘(4) ADDITIONAL AMOUNTS TO ELIMINATE RE- (1) IN GENERAL.—Section 1903(i) of the Social lic Law 109–289, as amended by Public Law 110– MAINDER OF FISCAL YEAR 2007 FUNDING SHORT- Security Act (42 U.S.C. 1396b(i)) is amended— 5) is amended by adding after the second pro- FALLS.— (A) by striking ‘‘or’’ at the end of paragraph viso: ‘‘: Provided further, That paragraph (2) ‘‘(A) IN GENERAL.—From the amounts pro- (21); under such heading in Public Law 109–115 (119 vided in advance in appropriations Acts, the (B) by striking the period at the end of para- Stat. 2441) shall be funded at $149,300,000, but Secretary shall allot to each remaining shortfall graph (22) and inserting ‘‘; or’’; and additional section 8 tenant protection rental as- State described in subparagraph (B) such (C) by inserting after paragraph (22) the fol- sistance costs may be funded in 2007 by using amount as the Secretary determines will elimi- lowing new paragraph: unobligated balances, notwithstanding the pur- nate the estimated shortfall described in such ‘‘(23) with respect to amounts expended for poses for which such amounts were appro- subparagraph for the State for fiscal year 2007. medical assistance for covered outpatient drugs priated, including recaptures and carryover, re- ‘‘(B) REMAINING SHORTFALL STATE DE- (as defined in section 1927(k)(2)) for which the maining from funds appropriated to the Depart- SCRIBED.—For purposes of subparagraph (A), a prescription was executed in written (and non- ment of Housing and Urban Development under remaining shortfall State is a State with a State electronic) form unless the prescription was exe- this heading, the heading ‘Annual Contribu- child health plan approved under this title for cuted on a tamper-resistant pad.’’. (2) EFFECTIVE DATE.—The amendments made tions for Assisted Housing’, the heading ‘Hous- which the Secretary estimates, on the basis of by paragraph (1) shall apply to prescriptions ex- ing Certificate Fund’, and the heading ‘Project- the most recent data available to the Secretary ecuted after September 30, 2007. Based Rental Assistance’ for fiscal year 2006 as of the date of the enactment of this para- (c) EXTENSION OF CERTAIN PHARMACY PLUS and prior fiscal years: Provided further, That graph, that the projected Federal expenditures under such plan for the State for fiscal year WAIVERS.— paragraph (3) under such heading in Public (1) AUTHORITY TO CONTINUE TO OPERATE 2007 will exceed the sum of— Law 109–115 (119 Stat. 2441) shall be funded at WAIVERS.—Notwithstanding any other provision ‘‘(i) the amount of the State’s allotments for $47,500,000: Provided further, That paragraph of law, any State that is operating a Pharmacy each of fiscal years 2005 and 2006 that will not (4) under such heading in Public Law 109–115 Plus waiver described in paragraph (2) which (119 Stat. 2441) shall be funded at $5,900,000: be expended by the end of fiscal year 2006; ‘‘(ii) the amount of the State’s allotment for would otherwise expire on June 30, 2007, may Provided further, That paragraph (5) under elect to continue to operate the waiver through such heading in Public Law 109–115 (119 Stat. fiscal year 2007; and ‘‘(iii) the amounts, if any, that are to be redis- December 31, 2009, and if a State elects to con- 2441) shall be funded at $1,281,100,000, of which tinue to operate such a waiver, the Secretary of $1,251,100,000 shall be allocated for the calendar tributed to the State during fiscal year 2007 in accordance with paragraphs (1) and (2).’’. Health and Human Services shall approve the year 2007 funding cycle on a pro rata basis to continuation of the waiver through December public housing agencies based on the amount (b) CONFORMING AMENDMENTS.—Section 2104(h) of such Act (42 U.S.C. 1397dd(h)) (as so 31, 2009. public housing agencies were eligible to receive (2) PHARMACY PLUS WAIVER DESCRIBED.—For in calendar year 2006, and of which up to added), is amended— (1) in paragraph (1)(B), by striking ‘‘subject to purposes of paragraph (1), a Pharmacy Plus $30,000,000 shall be available to the Secretary to waiver described in this paragraph is a waiver allocate to public housing agencies that need paragraph (4)(B) and’’; (2) in paragraph (2)(B), by striking ‘‘subject to approved by the Secretary of Health and additional funds to administer their section 8 Human Services under the authority of section programs, with up to $20,000,000 to be for fees paragraph (4)(B) and’’; (3) in paragraph (5)(A), by striking ‘‘and (3)’’ 1115 of the Social Security Act (42 U.S.C. 1315) associated with section 8 tenant protection rent- that provides coverage for prescription drugs for al assistance’’. and inserting ‘‘(3), and (4)’’; and (4) in paragraph (6)— individuals who have attained age 65 and whose SEC. 6904. Section 232(b) of the Departments of (A) in the first sentence— family income does not exceed 200 percent of the Veterans Affairs and Housing and Urban Devel- (i) by inserting ‘‘or allotted’’ after ‘‘redistrib- poverty line (as defined in section 2110(c)(5) of opment, and Independent Agencies Appropria- uted’’; and such Act (42 U.S.C. 1397jj(c)(5))). tions Act, 2001 (Public Law 106–377) is amended (ii) by inserting ‘‘or allotments’’ after ‘‘redis- TITLE VIII—FAIR MINIMUM WAGE AND TAX to read as follows: tributions’’; and RELIEF ‘‘(b) APPLICABILITY.—In the case of any (B) by striking ‘‘and (3)’’ and inserting ‘‘(3), dwelling unit that, upon the date of the enact- Subtitle A—Fair Minimum Wage and (4)’’. ment of this Act, is assisted under a housing as- SEC. 8101. SHORT TITLE. SEC. 7002. (a) PROHIBITION.— sistance payment contract under section 8(o)(13) This subtitle may be cited as the ‘‘Fair Min- (1) LIMITATION ON SECRETARIAL AUTHORITY.— as in effect before such enactment, or under sec- imum Wage Act of 2007’’. Notwithstanding any other provision of law, the tion 8(d)(2) of the United States Housing Act of Secretary of Health and Human Services shall SEC. 8102. MINIMUM WAGE. 1937 (42 U.S.C. 1437f(d)(2)) as in effect before the not, prior to the date that is 1 year after the (a) IN GENERAL.—Section 6(a)(1) of the Fair enactment of the Quality Housing and Work Re- date of enactment of this Act, take any action Labor Standards Act of 1938 (29 U.S.C. sponsibility Act of 1998 (title V of Public Law (through promulgation of regulation, issuance 206(a)(1)) is amended to read as follows: 105–276), assistance may be renewed or extended of regulatory guidance, or other administrative ‘‘(1) except as otherwise provided in this sec- under such section 8(o)(13), as amended by sub- action) to— tion, not less than— ‘‘(A) $5.85 an hour, beginning on the 60th day section (a), provided that the initial contract (A) finalize or otherwise implement provisions after the date of enactment of the Fair Min- term and rent of such renewed or extended as- contained in the proposed rule published on imum Wage Act of 2007; sistance shall be determined pursuant to sub- January 18, 2007, on pages 2236 through 2248 of ‘‘(B) $6.55 an hour, beginning 12 months after paragraphs (F) and (H), and subparagraphs (C) volume 72, Federal Register (relating to parts that 60th day; and and (D) of such section shall not apply to such 433, 447, and 457 of title 42, Code of Federal Reg- extensions or renewals.’’. ‘‘(C) $7.25 an hour, beginning 24 months after ulations); that 60th day;’’. TITLE VII—ELIMINATION OF SCHIP (B) promulgate or implement any rule or pro- (b) EFFECTIVE DATE.—The amendment made SHORTFALL AND OTHER HEALTH MAT- visions similar to the provisions described in by subsection (a) shall take effect 60 days after TERS subparagraph (A) pertaining to the Medicaid the date of enactment of this Act. DEPARTMENT OF HEALTH AND HUMAN program established under title XIX of the So- SEC. 8103. APPLICABILITY OF MINIMUM WAGE TO SERVICES cial Security Act or the State Children’s Health AMERICAN SAMOA AND THE COM- CENTERS FOR MEDICARE AND MEDICAID SERVICES Insurance Program established under title XXI MONWEALTH OF THE NORTHERN STATE CHILDREN’S HEALTH INSURANCE FUND of such Act; or MARIANA ISLANDS. (C) promulgate or implement any rule or pro- For an additional amount to provide addi- (a) IN GENERAL.—Section 6 of the Fair Labor visions restricting payments for graduate med- tional allotments to remaining shortfall States Standards Act of 1938 (29 U.S.C. 206) shall apply ical education under the Medicaid program. under section 2104(h)(4) of the Social Security to American Samoa and the Commonwealth of (2) CONTINUATION OF OTHER SECRETARIAL AU- Act, as inserted by section 6001, such sums as the Northern Mariana Islands. THORITY.—The Secretary of Health and Human may be necessary, but not to exceed $650,000,000 (b) TRANSITION.—Notwithstanding subsection Service shall not be prohibited during the period for fiscal year 2007, to remain available until ex- (a)— described in paragraph (1) from taking any ac- (1) the minimum wage applicable to the Com- pended. tion (through promulgation of regulation, monwealth of the Northern Mariana Islands GENERAL PROVISIONS—THIS TITLE issuance of regulatory guidance, or other ad- under section 6(a)(1) of the Fair Labor Stand- SEC. 7001. (a) ELIMINATION OF REMAINDER OF ministrative action) to enforce a provision of ards Act of 1938 (29 U.S.C. 206(a)(1)) shall be— SCHIP FUNDING SHORTFALLS, TIERED MATCH, law in effect as of the date of enactment of this (A) $3.55 an hour, beginning on the 60th day AND OTHER LIMITATION ON EXPENDITURES.—Sec- Act with respect to the Medicaid program or the after the date of enactment of this Act; and

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(B) increased by $0.50 an hour (or such lesser SUBPART B—GULF OPPORTUNITY ZONE TAX ‘‘(i) is outside a metropolitan statistical area amount as may be necessary to equal the min- INCENTIVES (defined as such by the Office of Management imum wage under section 6(a)(1) of such Act), Sec. 8221. Extension of increased expensing for and Budget), and beginning 1 year after the date of enactment of qualified section 179 Gulf Oppor- ‘‘(ii) during the 5-year periods 1990 through this Act and each year thereafter until the min- tunity Zone property. 1994 and 1995 through 1999 had a net population imum wage applicable to the Commonwealth of Sec. 8222. Extension and expansion of low-in- loss.’’. the Northern Mariana Islands under this para- come housing credit rules for (2) CONFORMING AMENDMENT.—Subparagraph graph is equal to the minimum wage set forth in buildings in the GO Zones. (D) of section 51(d)(1) is amended to read as fol- such section; and Sec. 8223. Special tax-exempt bond financing lows: (2) the minimum wage applicable to American rule for repairs and reconstruc- ‘‘(D) a designated community resident,’’. Samoa under section 6(a)(1) of the Fair Labor tions of residences in the GO (c) CLARIFICATION OF TREATMENT OF INDIVID- Standards Act of 1938 (29 U.S.C. 206(a)(1)) shall Zones. UALS UNDER INDIVIDUAL WORK PLANS.—Sub- be— Sec. 8224. GAO study of practices employed by paragraph (B) of section 51(d)(6) (relating to vo- (A) the applicable wage rate in effect for each State and local governments in al- cational rehabilitation referral) is amended by industry and classification under section 697 of locating and utilizing tax incen- striking ‘‘or’’ at the end of clause (i), by striking title 29, Code of Federal Regulations, on the tives provided pursuant to the the period at the end of clause (ii) and inserting date of enactment of this Act; Gulf Opportunity Zone Act of ‘‘, or’’, and by adding at the end the following (B) increased by $0.50 an hour, beginning on 2005. new clause: the 60th day after the date of enactment of this SUBPART C—SUBCHAPTER S PROVISIONS ‘‘(iii) an individual work plan developed and implemented by an employment network pursu- Act; and Sec. 8231. Capital gain of S corporation not (C) increased by $0.50 an hour (or such lesser ant to subsection (g) of section 1148 of the Social treated as passive investment in- amount as may be necessary to equal the min- Security Act with respect to which the require- come. imum wage under section 6(a)(1) of such Act), Sec. 8232. Treatment of bank director shares. ments of such subsection are met.’’. beginning 1 year after the date of enactment of Sec. 8233. Special rule for bank required to (d) TREATMENT OF DISABLED VETERANS this Act and each year thereafter until the min- change from the reserve method of UNDER THE WORK OPPORTUNITY TAX CREDIT.— (1) DISABLED VETERANS TREATED AS MEMBERS imum wage applicable to American Samoa under accounting on becoming S cor- OF TARGETED GROUP.— this paragraph is equal to the minimum wage set poration. (A) IN GENERAL.—Subparagraph (A) of section forth in such section. Sec. 8234. Treatment of the sale of interest in a 51(d)(3) (relating to qualified veteran) is amend- (c) CONFORMING AMENDMENTS.— qualified subchapter S subsidiary. (1) IN GENERAL.—The Fair Labor Standards ed by striking ‘‘agency as being a member of a Sec. 8235. Elimination of all earnings and prof- Act of 1938 is amended— family’’ and all that follows and inserting its attributable to pre-1983 years (A) by striking sections 5 and 8; and ‘‘agency as— for certain corporations. (B) in section 6(a), by striking paragraph (3) ‘‘(i) being a member of a family receiving as- Sec. 8236. Deductibility of interest expense on and redesignating paragraphs (4) and (5) as sistance under a food stamp program under the indebtedness incurred by an elect- paragraphs (3) and (4), respectively. Food Stamp Act of 1977 for at least a 3-month ing small business trust to acquire (2) EFFECTIVE DATE.—The amendments made period ending during the 12-month period end- S corporation stock. by this subsection shall take effect 60 days after ing on the hiring date, or the date of enactment of this Act. PART 2—REVENUE PROVISIONS ‘‘(ii) entitled to compensation for a service- SEC. 8104. STUDY ON PROJECTED IMPACT. Sec. 8241. Increase in age of children whose un- connected disability, and— (a) STUDY.—Beginning on the date that is 60 earned income is taxed as if par- ‘‘(I) having a hiring date which is not more days after the date of enactment of this Act, the ent’s income. that 1 year after having been discharged or re- Secretary of Labor shall, through the Bureau of Sec. 8242. Suspension of certain penalties and leased from active duty in the Armed Forces of Labor Statistics, conduct a study to— interest. the United States, or (1) assess the impact of the wage increases re- Sec. 8243. Modification of collection due process ‘‘(II) having aggregate periods of unemploy- quired by this Act through such date; and procedures for employment tax li- ment during the 1-year period ending on the hir- (2) project the impact of any further wage in- abilities. ing date which equal or exceed 6 months.’’. crease, Sec. 8244. Permanent extension of IRS user fees. (B) DEFINITIONS.—Paragraph (3) of section on living standards and rates of employment in Sec. 8245. Increase in penalty for bad checks 51(d) is amended by adding at the end the fol- American Samoa and the Commonwealth of the and money orders. lowing new subparagraph: Northern Mariana Islands. Sec. 8246. Understatement of taxpayer liability ‘‘(C) OTHER DEFINITIONS.—For purposes of (b) REPORT.—Not later than the date that is 8 by return preparers. subparagraph (A), the terms ‘compensation’ and months after the date of enactment of this Act, Sec. 8247. Penalty for filing erroneous refund ‘service-connected’ have the meanings given the Secretary of Labor shall transmit to Con- claims. such terms under section 101 of title 38, United gress a report on the findings of the study re- Sec. 8248. Time for payment of corporate esti- States Code.’’. quired by subsection (a). mated taxes. (2) INCREASE IN AMOUNT OF WAGES TAKEN INTO Subtitle B—Small Business Tax Incentives PART 1—SMALL BUSINESS TAX RELIEF ACCOUNT FOR DISABLED VETERANS.—Paragraph PROVISIONS (3) of section 51(b) is amended— SEC. 8201. SHORT TITLE; AMENDMENT OF CODE; (A) by inserting ‘‘($12,000 per year in the case TABLE OF CONTENTS. Subpart A—General Provisions of any individual who is a qualified veteran by (a) SHORT TITLE.—This subtitle may be cited SEC. 8211. EXTENSION AND MODIFICATION OF reason of subsection (d)(3)(A)(ii))’’ before the as the ‘‘Small Business and Work Opportunity WORK OPPORTUNITY TAX CREDIT. period at the end, and Tax Act of 2007’’. (a) EXTENSION.—Section 51(c)(4)(B) (relating (B) by striking ‘‘ONLY FIRST $6,000 OF’’ in the (b) AMENDMENT OF 1986 CODE.—Except as oth- to termination) is amended by striking ‘‘Decem- heading and inserting ‘‘LIMITATION ON’’. erwise expressly provided, whenever in this sub- ber 31, 2007’’ and inserting ‘‘August 31, 2011’’. (e) EFFECTIVE DATE.—The amendments made title an amendment or repeal is expressed in (b) INCREASE IN MAXIMUM AGE FOR DES- by this section shall apply to individuals who terms of an amendment to, or repeal of, a sec- IGNATED COMMUNITY RESIDENTS.— begin work for the employer after the date of the tion or other provision, the reference shall be (1) IN GENERAL.—Paragraph (5) of section enactment of this Act. considered to be made to a section or other pro- 51(d) is amended to read as follows: vision of the Internal Revenue Code of 1986. SEC. 8212. EXTENSION AND INCREASE OF EX- ‘‘(5) DESIGNATED COMMUNITY RESIDENTS.— PENSING FOR SMALL BUSINESS. (c) TABLE OF CONTENTS.—The table of con- ‘‘(A) IN GENERAL.—The term ‘designated com- (a) EXTENSION.—Subsections (b)(1), (b)(2), tents of this subtitle is as follows: munity resident’ means any individual who is (b)(5), (c)(2), and (d)(1)(A)(ii) of section 179 (re- Sec. 8201. Short title; amendment of Code; table certified by the designated local agency— lating to election to expense certain depreciable of contents. ‘‘(i) as having attained age 18 but not age 40 business assets) are each amended by striking PART 1—SMALL BUSINESS TAX RELIEF on the hiring date, and ‘‘2010’’ and inserting ‘‘2011’’. PROVISIONS ‘‘(ii) as having his principal place of abode (b) INCREASE IN LIMITATIONS.—Subsection (b) SUBPART A—GENERAL PROVISIONS within an empowerment zone, enterprise com- of section 179 is amended— Sec. 8211. Extension and modification of work munity, renewal community, or rural renewal (1) by striking ‘‘$100,000 in the case of taxable opportunity tax credit. county. years beginning after 2002’’ in paragraph (1) Sec. 8212. Extension and increase of expensing ‘‘(B) INDIVIDUAL MUST CONTINUE TO RESIDE IN and inserting ‘‘$125,000 in the case of taxable for small business. ZONE, COMMUNITY, OR COUNTY.—In the case of a years beginning after 2006’’, and Sec. 8213. Determination of credit for certain designated community resident, the term ‘quali- (2) by striking ‘‘$400,000 in the case of taxable taxes paid with respect to em- fied wages’ shall not include wages paid or in- years beginning after 2002’’ in paragraph (2) ployee cash tips. curred for services performed while the individ- and inserting ‘‘$500,000 in the case of taxable Sec. 8214. Waiver of individual and corporate ual’s principal place of abode is outside an em- years beginning after 2006’’. alternative minimum tax limits on powerment zone, enterprise community, renewal (c) INFLATION ADJUSTMENT.—Subparagraph work opportunity credit and cred- community, or rural renewal county. (A) of section 179(b)(5) is amended— it for taxes paid with respect to ‘‘(C) RURAL RENEWAL COUNTY.—For purposes (1) by striking ‘‘2003’’ and inserting ‘‘2007’’, employee cash tips. of this paragraph, the term ‘rural renewal coun- (2) by striking ‘‘$100,000 and $400,000’’ and in- Sec. 8215. Family business tax simplification. ty’ means any county which— serting ‘‘$125,000 and $500,000’’, and

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00238 Fmt 0624 Sfmt 6333 E:\CR\FM\A24MY6.067 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6815 (3) by striking ‘‘2002’’ in clause (ii) and insert- at the end of paragraph (15) and inserting ‘‘; any provision of the Department of Defense Ap- ing ‘‘2006’’. and’’, and by inserting after paragraph (15) the propriations Act, 2006, or the Emergency Sup- (d) EFFECTIVE DATE.—The amendments made following new paragraph: plemental Appropriations Act for Defense, the by this section shall apply to taxable years be- ‘‘(16) Notwithstanding the preceding provi- Global War on Terror, and Hurricane Recovery, ginning after December 31, 2006. sions of this subsection, each spouse’s share of 2006.’’. SEC. 8213. DETERMINATION OF CREDIT FOR CER- income or loss from a qualified joint venture SEC. 8223. SPECIAL TAX-EXEMPT BOND FINANC- TAIN TAXES PAID WITH RESPECT TO shall be taken into account as provided in sec- ING RULE FOR REPAIRS AND RECON- EMPLOYEE CASH TIPS. tion 761(f) of the Internal Revenue Code of 1986 STRUCTIONS OF RESIDENCES IN (a) IN GENERAL.—Subparagraph (B) of section in determining net earnings from self-employ- THE GO ZONES. 45B(b)(1) is amended by inserting ‘‘as in effect ment of such spouse.’’. Subsection (a) of section 1400N (relating to on January 1, 2007, and’’ before ‘‘determined (c) EFFECTIVE DATE.—The amendments made tax-exempt bond financing) is amended by add- without regard to’’. by this section shall apply to taxable years be- ing at the end the following new paragraph: (b) EFFECTIVE DATE.—The amendment made ginning after December 31, 2006. ‘‘(7) SPECIAL RULE FOR REPAIRS AND RECON- STRUCTIONS.— by this section shall apply to tips received for Subpart B—Gulf Opportunity Zone Tax ‘‘(A) IN GENERAL.—For purposes of section 143 services performed after December 31, 2006. Incentives SEC. 8214. WAIVER OF INDIVIDUAL AND COR- and this subsection, any qualified GO Zone re- SEC. 8221. EXTENSION OF INCREASED EXPENS- PORATE ALTERNATIVE MINIMUM pair or reconstruction shall be treated as a ING FOR QUALIFIED SECTION 179 TAX LIMITS ON WORK OPPORTUNITY qualified rehabilitation. GULF OPPORTUNITY ZONE PROP- CREDIT AND CREDIT FOR TAXES ‘‘(B) QUALIFIED GO ZONE REPAIR OR RECON- ERTY. PAID WITH RESPECT TO EMPLOYEE STRUCTION.—For purposes of subparagraph (A), Paragraph (2) of section 1400N(e) (relating to CASH TIPS. the term ‘qualified GO Zone repair or recon- qualified section 179 Gulf Opportunity Zone (a) ALLOWANCE AGAINST ALTERNATIVE MIN- struction’ means any repair of damage caused property) is amended— IMUM TAX.—Subparagraph (B) of section by Hurricane Katrina, Hurricane Rita, or Hurri- (1) by striking ‘‘this subsection, the term’’ and 38(c)(4) is amended by striking ‘‘and’’ at the end cane Wilma to a building located in the Gulf inserting: of clause (i), by inserting a comma at the end of Opportunity Zone, the Rita GO Zone, or the clause (ii), and by adding at the end the fol- ‘‘this subsection— Wilma GO Zone (or reconstruction of such lowing new clauses: ‘‘(A) IN GENERAL.—The term’’, and building in the case of damage constituting de- ‘‘(iii) the credit determined under section 45B, (2) by adding at the end the following new struction) if the expenditures for such repair or and subparagraph: reconstruction are 25 percent or more of the ‘‘(iv) the credit determined under section 51.’’. ‘‘(B) EXTENSION FOR CERTAIN PROPERTY.—In mortgagor’s adjusted basis in the residence. For (b) EFFECTIVE DATE.—The amendments made the case of property substantially all of the use purposes of the preceding sentence, the mortga- by this section shall apply to credits determined of which is in one or more specified portions of gor’s adjusted basis shall be determined as of under sections 45B and 51 of the Internal Rev- the GO Zone (as defined by subsection (d)(6)), the completion of the repair or reconstruction enue Code of 1986 in taxable years beginning such term shall include section 179 property (as or, if later, the date on which the mortgagor ac- after December 31, 2006, and to carrybacks of so defined) which is described in subsection quires the residence. such credits. (d)(2), determined— ‘‘(C) TERMINATION.—This paragraph shall SEC. 8215. FAMILY BUSINESS TAX SIMPLIFICA- ‘‘(i) without regard to subsection (d)(6), and apply only to owner-financing provided after TION. ‘‘(ii) by substituting ‘2008’ for ‘2007’ in sub- the date of the enactment of this paragraph and (a) IN GENERAL.—Section 761 (defining terms paragraph (A)(v) thereof.’’. before January 1, 2011.’’. for purposes of partnerships) is amended by re- SEC. 8222. EXTENSION AND EXPANSION OF LOW- SEC. 8224. GAO STUDY OF PRACTICES EMPLOYED designating subsection (f) as subsection (g) and INCOME HOUSING CREDIT RULES BY STATE AND LOCAL GOVERN- by inserting after subsection (e) the following FOR BUILDINGS IN THE GO ZONES. MENTS IN ALLOCATING AND UTI- new subsection: (a) TIME FOR MAKING LOW-INCOME HOUSING LIZING TAX INCENTIVES PROVIDED ‘‘(f) QUALIFIED JOINT VENTURE.— CREDIT ALLOCATIONS.—Subsection (c) of section PURSUANT TO THE GULF OPPOR- ‘‘(1) IN GENERAL.—In the case of a qualified 1400N (relating to low-income housing credit) is TUNITY ZONE ACT OF 2005. joint venture conducted by a husband and wife amended by redesignating paragraph (5) as (a) IN GENERAL.—The Comptroller General of who file a joint return for the taxable year, for paragraph (6) and by inserting after paragraph the United States shall conduct a study of the purposes of this title— (4) the following new paragraph: practices employed by State and local govern- ‘‘(A) such joint venture shall not be treated as ‘‘(5) TIME FOR MAKING LOW-INCOME HOUSING ments, and subdivisions thereof, in allocating a partnership, CREDIT ALLOCATIONS.—Section 42(h)(1)(B) shall and utilizing tax incentives provided pursuant ‘‘(B) all items of income, gain, loss, deduction, not apply to an allocation of housing credit dol- to the Gulf Opportunity Zone Act of 2005 and and credit shall be divided between the spouses lar amount to a building located in the Gulf Op- this Act. in accordance with their respective interests in portunity Zone, the Rita GO Zone, or the Wilma (b) SUBMISSION OF REPORT.—Not later than the venture, and GO Zone, if such allocation is made in 2006, one year after the date of the enactment of this ‘‘(C) each spouse shall take into account such 2007, or 2008, and such building is placed in Act, the Comptroller General shall submit a re- spouse’s respective share of such items as if they service before January 1, 2011.’’. port on the findings of the study conducted were attributable to a trade or business con- (b) EXTENSION OF PERIOD FOR TREATING GO under subsection (a) and shall include therein ducted by such spouse as a sole proprietor. ZONES AS DIFFICULT DEVELOPMENT AREAS.— recommendations (if any) relating to such find- ‘‘(2) QUALIFIED JOINT VENTURE.—For purposes (1) IN GENERAL.—Subparagraph (A) of section ings. The report shall be submitted to the Com- of paragraph (1), the term ‘qualified joint ven- 1400N(c)(3) is amended by striking ‘‘2006, 2007, mittee on Ways and Means of the House of Rep- ture’ means any joint venture involving the con- or 2008’’ and inserting ‘‘the period beginning on resentatives and the Committee on Finance of duct of a trade or business if— January 1, 2006, and ending on December 31, the Senate. ‘‘(A) the only members of such joint venture 2010’’. (c) CONGRESSIONAL HEARINGS.—In the case are a husband and wife, (2) CONFORMING AMENDMENT.—Clause (ii) of that the report submitted under this section in- ‘‘(B) both spouses materially participate section 1400N(c)(3)(B) is amended by striking cludes findings of significant fraud, waste or (within the meaning of section 469(h) without ‘‘such period’’ and inserting ‘‘the period de- abuse, each Committee specified in subsection regard to paragraph (5) thereof) in such trade or scribed in subparagraph (A)’’. (b) shall, within 60 days after the date the re- business, and (c) COMMUNITY DEVELOPMENT BLOCK GRANTS port is submitted under subsection (b), hold a ‘‘(C) both spouses elect the application of this NOT TAKEN INTO ACCOUNT IN DETERMINING IF public hearing to review such findings. subsection.’’. BUILDINGS ARE FEDERALLY SUBSIDIZED.—Sub- Subpart C—Subchapter S Provisions (b) NET EARNINGS FROM SELF-EMPLOYMENT.— section (c) of section 1400N (relating to low-in- SEC. 8231. CAPITAL GAIN OF S CORPORATION (1) Subsection (a) of section 1402 (defining net come housing credit), as amended by this Act, is NOT TREATED AS PASSIVE INVEST- earnings from self-employment) is amended by amended by redesignating paragraph (6) as MENT INCOME. striking ‘‘, and’’ at the end of paragraph (15) paragraph (7) and by inserting after paragraph (a) IN GENERAL.—Section 1362(d)(3) is amend- and inserting a semicolon, by striking the period (5) the following new paragraph: ed by striking subparagraphs (B), (C), (D), (E), at the end of paragraph (16) and inserting ‘‘; ‘‘(6) COMMUNITY DEVELOPMENT BLOCK GRANTS and (F) and inserting the following new sub- and’’, and by inserting after paragraph (16) the NOT TAKEN INTO ACCOUNT IN DETERMINING IF paragraphs: following new paragraph: BUILDINGS ARE FEDERALLY SUBSIDIZED.—For ‘‘(B) GROSS RECEIPTS FROM THE SALES OF CER- ‘‘(17) notwithstanding the preceding provi- purpose of applying section 42(i)(2)(D) to any TAIN ASSETS.—For purposes of this paragraph— sions of this subsection, each spouse’s share of building which is placed in service in the Gulf ‘‘(i) in the case of dispositions of capital assets income or loss from a qualified joint venture Opportunity Zone, the Rita GO Zone, or the (other than stock and securities), gross receipts shall be taken into account as provided in sec- Wilma GO Zone during the period beginning on from such dispositions shall be taken into ac- tion 761(f) in determining net earnings from self- January 1, 2006, and ending on December 31, count only to the extent of the capital gain net employment of such spouse.’’. 2010, a loan shall not be treated as a below mar- income therefrom, and (2) Subsection (a) of section 211 of the Social ket Federal loan solely by reason of any assist- ‘‘(ii) in the case of sales or exchanges of stock Security Act (defining net earnings from self- ance provided under section 106, 107, or 108 of or securities, gross receipts shall be taken into employment) is amended by striking ‘‘and’’ at the Housing and Community Development Act account only to the extent of the gains there- the end of paragraph (14), by striking the period of 1974 by reason of section 122 of such Act or from.

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‘‘(C) PASSIVE INVESTMENT INCOME DEFINED.— ‘‘(1) shall be includible in gross income of the business corporation under subchapter S of the ‘‘(i) IN GENERAL.—Except as otherwise pro- director, and Internal Revenue Code of 1986. vided in this subparagraph, the term ‘passive in- ‘‘(2) shall be deductible by the corporation for SEC. 8236. DEDUCTIBILITY OF INTEREST EX- vestment income’ means gross receipts derived the taxable year of such corporation in which or PENSE ON INDEBTEDNESS IN- from royalties, rents, dividends, interest, and with which ends the taxable year in which such CURRED BY AN ELECTING SMALL annuities. amount in included in the gross income of the BUSINESS TRUST TO ACQUIRE S ‘‘(ii) EXCEPTION FOR INTEREST ON NOTES FROM director.’’. CORPORATION STOCK. SALES OF INVENTORY.—The term ‘passive invest- (c) EFFECTIVE DATES.— (a) IN GENERAL.—Subparagraph (C) of section ment income’ shall not include interest on any (1) IN GENERAL.—The amendments made by 641(c)(2) (relating to modifications) is amended obligation acquired in the ordinary course of the this section shall apply to taxable years begin- by inserting after clause (iii) the following new corporation’s trade or business from its sale of ning after December 31, 2006. clause: property described in section 1221(a)(1). (2) SPECIAL RULE FOR TREATMENT AS SECOND ‘‘(iv) Any interest expense paid or accrued on ‘‘(iii) TREATMENT OF CERTAIN LENDING OR FI- CLASS OF STOCK.—In the case of any taxable indebtedness incurred to acquire stock in an S NANCE COMPANIES.—If the S corporation meets year beginning after December 31, 1996, re- corporation.’’. the requirements of section 542(c)(6) for the tax- stricted bank director stock (as defined in sec- (b) EFFECTIVE DATE.—The amendment made able year, the term ‘passive investment income’ tion 1361(f) of the Internal Revenue Code of by this section shall apply to taxable years be- shall not include gross receipts for the taxable 1986, as added by this section) shall not be ginning after December 31, 2006. year which are derived directly from the active taken into account in determining whether an S PART 2—REVENUE PROVISIONS and regular conduct of a lending or finance corporation has more than 1 class of stock. SEC. 8241. INCREASE IN AGE OF CHILDREN business (as defined in section 542(d)(1)). SEC. 8233. SPECIAL RULE FOR BANK REQUIRED WHOSE UNEARNED INCOME IS ‘‘(iv) TREATMENT OF CERTAIN DIVIDENDS.—If TO CHANGE FROM THE RESERVE TAXED AS IF PARENT’S INCOME. an S corporation holds stock in a C corporation METHOD OF ACCOUNTING ON BE- (a) IN GENERAL.—Subparagraph (A) of section meeting the requirements of section 1504(a)(2), COMING S CORPORATION. 1(g)(2) (relating to child to whom subsection ap- the term ‘passive investment income’ shall not (a) IN GENERAL.—Section 1361, as amended by plies) is amended to read as follows: include dividends from such C corporation to this Act, is amended by adding at the end the ‘‘(A) such child— the extent such dividends are attributable to the following new subsection: ‘‘(i) has not attained age 18 before the close of earnings and profits of such C corporation de- ‘‘(g) SPECIAL RULE FOR BANK REQUIRED TO the taxable year, or rived from the active conduct of a trade or busi- CHANGE FROM THE RESERVE METHOD OF AC- ‘‘(ii)(I) has attained age 18 before the close of ness. COUNTING ON BECOMING S CORPORATION.—In the taxable year and meets the age requirements ‘‘(v) EXCEPTION FOR BANKS, ETC.—In the case the case of a bank which changes from the re- of section 152(c)(3) (determined without regard of a bank (as defined in section 581) or a deposi- serve method of accounting for bad debts de- to subparagraph (B) thereof), and tory institution holding company (as defined in scribed in section 585 or 593 for its first taxable ‘‘(II) whose earned income (as defined in sec- section 3(w)(1) of the Federal Deposit Insurance year for which an election under section 1362(a) tion 911(d)(2)) for such taxable year does not ex- Act (12 U.S.C. 1813(w)(1)), the term ‘passive in- is in effect, the bank may elect to take into ac- ceed one-half of the amount of the individual’s vestment income’ shall not include— count any adjustments under section 481 by rea- support (within the meaning of section ‘‘(I) interest income earned by such bank or son of such change for the taxable year imme- 152(c)(1)(D) after the application of section company, or diately preceding such first taxable year.’’. 152(f)(5) (without regard to subparagraph (A) ‘‘(II) dividends on assets required to be held (b) EFFECTIVE DATE.—The amendments made thereof)) for such taxable year,’’. by such bank or company, including stock in by this section shall apply to taxable years be- (b) CONFORMING AMENDMENT.—Subsection (g) the Federal Reserve Bank, the Federal Home ginning after December 31, 2006. of section 1 is amended by striking ‘‘MINOR’’ in Loan Bank, or the Federal Agricultural Mort- SEC. 8234. TREATMENT OF THE SALE OF INTER- the heading thereof. gage Bank or participation certificates issued by EST IN A QUALIFIED SUBCHAPTER S (c) EFFECTIVE DATE.—The amendment made a Federal Intermediate Credit Bank.’’. SUBSIDIARY. by this section shall apply to taxable years be- (b) EFFECTIVE DATE.—The amendments made (a) IN GENERAL.—Subparagraph (C) of section ginning after the date of the enactment of this by this section shall apply to taxable years be- 1361(b)(3) (relating to treatment of terminations Act. ginning after the date of the enactment of this of qualified subchapter S subsidiary status) is SEC. 8242. SUSPENSION OF CERTAIN PENALTIES Act. amended— AND INTEREST. SEC. 8232. TREATMENT OF BANK DIRECTOR (1) by striking ‘‘For purposes of this title,’’ (a) IN GENERAL.—Paragraphs (1)(A) and SHARES. and inserting the following: (3)(A) of section 6404(g) are each amended by (a) IN GENERAL.—Section 1361 (defining S cor- ‘‘(i) IN GENERAL.—For purposes of this title,’’, striking ‘‘18-month period’’ and inserting ‘‘36- poration) is amended by adding at the end the and month period’’. following new subsection: (2) by inserting at the end the following new (b) EFFECTIVE DATE.—The amendments made ‘‘(f) RESTRICTED BANK DIRECTOR STOCK.— clause: by this section shall apply to notices provided ‘‘(1) IN GENERAL.—Restricted bank director ‘‘(ii) TERMINATION BY REASON OF SALE OF by the Secretary of the Treasury, or his dele- stock shall not be taken into account as out- STOCK.—If the failure to meet the requirements gate, after the date which is 6 months after the standing stock of the S corporation in applying of subparagraph (B) is by reason of the sale of date of the enactment of this Act. this subchapter (other than section 1368(f)). stock of a corporation which is a qualified sub- SEC. 8243. MODIFICATION OF COLLECTION DUE ‘‘(2) RESTRICTED BANK DIRECTOR STOCK.—For chapter S subsidiary, the sale of such stock PROCESS PROCEDURES FOR EM- purposes of this subsection, the term ‘restricted shall be treated as if— PLOYMENT TAX LIABILITIES. bank director stock’ means stock in a bank (as ‘‘(I) the sale were a sale of an undivided inter- (a) IN GENERAL.—Section 6330(f) (relating to defined in section 581) or a depository institu- est in the assets of such corporation (based on jeopardy and State refund collection) is amend- tion holding company (as defined in section the percentage of the corporation’s stock sold), ed— 3(w)(1) of the Federal Deposit Insurance Act (12 and (1) by striking ‘‘; or’’ at the end of paragraph U.S.C. 1813(w)(1)), if such stock— ‘‘(II) the sale were followed by an acquisition (1) and inserting a comma, ‘‘(A) is required to be held by an individual by such corporation of all of its assets (and the (2) by adding ‘‘or’’ at the end of paragraph under applicable Federal or State law in order assumption by such corporation of all of its li- (2), and to permit such individual to serve as a director, abilities) in a transaction to which section 351 (3) by inserting after paragraph (2) the fol- and applies.’’. lowing new paragraph: ‘‘(B) is subject to an agreement with such (b) EFFECTIVE DATE.—The amendments made ‘‘(3) the Secretary has served a disqualified bank or company (or a corporation which con- by this section shall apply to taxable years be- employment tax levy,’’. trols (within the meaning of section 368(c)) such ginning after December 31, 2006. (b) DISQUALIFIED EMPLOYMENT TAX LEVY.— bank or company) pursuant to which the holder SEC. 8235. ELIMINATION OF ALL EARNINGS AND Section 6330 of such Code (relating to notice and is required to sell back such stock (at the same PROFITS ATTRIBUTABLE TO PRE- opportunity for hearing before levy) is amended price as the individual acquired such stock) 1983 YEARS FOR CERTAIN CORPORA- by adding at the end the following new sub- upon ceasing to hold the office of director. TIONS. section: ‘‘(3) CROSS REFERENCE.— In the case of a corporation which is— ‘‘(h) DISQUALIFIED EMPLOYMENT TAX LEVY.— ‘‘For treatment of certain distributions with re- (1) described in section 1311(a)(1) of the Small For purposes of subsection (f), a disqualified em- spect to restricted bank director Business Job Protection Act of 1996, and ployment tax levy is any levy in connection with stock, see section 1368(f).’’. (2) not described in section 1311(a)(2) of such the collection of employment taxes for any tax- (b) DISTRIBUTIONS.—Section 1368 (relating to Act, able period if the person subject to the levy (or distributions) is amended by adding at the end the amount of such corporation’s accumulated any predecessor thereof) requested a hearing the following new subsection: earnings and profits (for the first taxable year under this section with respect to unpaid em- ‘‘(f) RESTRICTED BANK DIRECTOR STOCK.—If a beginning after the date of the enactment of this ployment taxes arising in the most recent 2-year director receives a distribution (not in part or Act) shall be reduced by an amount equal to the period before the beginning of the taxable period full payment in exchange for stock) from an S portion (if any) of such accumulated earnings with respect to which the levy is served. For corporation with respect to any restricted bank and profits which were accumulated in any tax- purposes of the preceding sentence, the term director stock (as defined in section 1361(f)), the able year beginning before January 1, 1983, for ‘employment taxes’ means any taxes under amount of such distribution— which such corporation was an electing small chapter 21, 22, 23, or 24.’’.

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(c) EFFECTIVE DATE.—The amendments made (ii) by striking ‘‘INCOME RETURN PREPARER’’ in ‘‘(A) the tax return preparer knew (or reason- by this section shall apply to levies served on or the heading and inserting ‘‘TAX RETURN PRE- ably should have known) of the position, after the date that is 120 days after the date of PARER’’. ‘‘(B) there was not a reasonable belief that the enactment of this Act. (E) Section 6503(k)(4) is amended by striking the position would more likely than not be sus- SEC. 8244. PERMANENT EXTENSION OF IRS USER ‘‘Income tax return preparers’’ and inserting tained on its merits, and FEES. ‘‘Tax return preparers’’. ‘‘(C)(i) the position was not disclosed as pro- Section 7528 (relating to Internal Revenue (F)(i) Section 6694 is amended— vided in section 6662(d)(2)(B)(ii), or Service user fees) is amended by striking sub- (I) by striking ‘‘INCOME TAX RETURN PRE- ‘‘(ii) there was no reasonable basis for the po- section (c). PARER’’ in the heading and inserting ‘‘TAX sition. SEC. 8245. INCREASE IN PENALTY FOR BAD RETURN PREPARER’’, ‘‘(3) REASONABLE CAUSE EXCEPTION.—No pen- CHECKS AND MONEY ORDERS. (II) by striking ‘‘an income tax return pre- alty shall be imposed under this subsection if it (a) IN GENERAL.—Section 6657 (relating to bad parer’’ each place it appears and inserting ‘‘a is shown that there is reasonable cause for the checks) is amended— tax return preparer’’, understatement and the tax return preparer (1) by striking ‘‘$750’’ and inserting ‘‘$1,250’’, (III) in subsection (c)(2), by striking ‘‘the in- acted in good faith. and come tax return preparer’’ and inserting ‘‘the ‘‘(b) UNDERSTATEMENT DUE TO WILLFUL OR (2) by striking ‘‘$15’’ and inserting ‘‘$25’’. tax return preparer’’, RECKLESS CONDUCT.— (b) EFFECTIVE DATE.—The amendments made (IV) in subsection (e), by striking ‘‘subtitle A’’ ‘‘(1) IN GENERAL.—Any tax return preparer by this section apply to checks or money orders and inserting ‘‘this title’’, and who prepares any return or claim for refund received after the date of the enactment of this (V) in subsection (f), by striking ‘‘income tax with respect to which any part of an under- Act. return preparer’’ and inserting ‘‘tax return pre- statement of liability is due to a conduct de- SEC. 8246. UNDERSTATEMENT OF TAXPAYER LI- parer’’. scribed in paragraph (2) shall pay a penalty ABILITY BY RETURN PREPARERS. (ii) The item relating to section 6694 in the with respect to each such return or claim in an (a) APPLICATION OF RETURN PREPARER PEN- table of sections for part I of subchapter B of amount equal to the greater of— ALTIES TO ALL TAX RETURNS.— chapter 68 is amended by striking ‘‘income tax ‘‘(A) $5,000, or (1) DEFINITION OF TAX RETURN PREPARER.— return preparer’’ and inserting ‘‘tax return pre- ‘‘(B) 50 percent of the income derived (or to be Paragraph (36) of section 7701(a) (relating to in- parer’’. derived) by the tax return preparer with respect come tax preparer) is amended— (G)(i) Section 6695 is amended— to the return or claim. (A) by striking ‘‘income’’ each place it ap- (I) by striking ‘‘INCOME’’ in the heading, ‘‘(2) WILLFUL OR RECKLESS CONDUCT.—Con- pears in the heading and the text, and and duct described in this paragraph is conduct by (B) in subparagraph (A), by striking ‘‘subtitle (II) by striking ‘‘an income tax return pre- the tax return preparer which is— A’’ each place it appears and inserting ‘‘this parer’’ each place it appears and inserting ‘‘a ‘‘(A) a willful attempt in any manner to un- title’’. tax return preparer’’. derstate the liability for tax on the return or (2) CONFORMING AMENDMENTS.— (ii) Section 6695(f) is amended— claim, or (A)(i) Section 6060 is amended by striking ‘‘IN- (I) by striking ‘‘subtitle A’’ and inserting ‘‘(B) a reckless or intentional disregard of COME TAX RETURN PREPARERS’’ in the ‘‘this title’’, and rules or regulations. heading and inserting ‘‘4TAX RETURN PREPARERS’’. (II) by striking ‘‘the income tax return pre- ‘‘(3) REDUCTION IN PENALTY.—The amount of (ii) Section 6060(a) is amended— parer’’ and inserting ‘‘the tax return preparer’’. any penalty payable by any person by reason of (I) by striking ‘‘an income tax return pre- (iii) The item relating to section 6695 in the this subsection for any return or claim for re- parer’’ each place it appears and inserting ‘‘a table of sections for part I of subchapter B of fund shall be reduced by the amount of the pen- tax return preparer’’, chapter 68 is amended by striking ‘‘income’’. alty paid by such person by reason of subsection (II) by striking ‘‘each income tax return pre- (H) Section 6696(e) is amended by striking (a).’’. parer’’ and inserting ‘‘each tax return pre- ‘‘subtitle A’’ each place it appears and inserting (c) EFFECTIVE DATE.—The amendments made parer’’, and ‘‘this title’’. by this section shall apply to returns prepared (III) by striking ‘‘another income tax return (I)(i) Section 7407 is amended— after the date of the enactment of this Act. (I) by striking ‘‘INCOME TAX RETURN PRE- preparer’’ and inserting ‘‘another tax return SEC. 8247. PENALTY FOR FILING ERRONEOUS RE- preparer’’. PARERS’’ in the heading and inserting ‘‘TAX FUND CLAIMS. ’’, (iii) The item relating to section 6060 in the RETURN PREPARERS (a) IN GENERAL.—Part I of subchapter B of (II) by striking ‘‘an income tax return pre- table of sections for subpart F of part III of sub- chapter 68 (relating to assessable penalties) is parer’’ each place it appears and inserting ‘‘a chapter A of chapter 61 is amended by striking amended by inserting after section 6675 the fol- tax return preparer’’, ‘‘income tax return preparers’’ and inserting lowing new section: ‘‘tax return preparers’’. (III) by striking ‘‘income tax preparer’’ both places it appears in subsection (a) and inserting ‘‘SEC. 6676. ERRONEOUS CLAIM FOR REFUND OR (iv) Subpart F of part III of subchapter A of CREDIT. chapter 61 is amended by striking ‘‘Income Tax ‘‘tax return preparer’’, and (IV) by striking ‘‘income tax return’’ in sub- ‘‘(a) CIVIL PENALTY.—If a claim for refund or Return Preparers’’ in the heading and insert- section (a) and inserting ‘‘tax return’’. credit with respect to income tax (other than a ing ‘‘Tax Return Preparers’’. claim for a refund or credit relating to the (v) The item relating to subpart F in the table (ii) The item relating to section 7407 in the earned income credit under section 32) is made of subparts for part III of subchapter A of chap- table of sections for subchapter A of chapter 76 for an excessive amount, unless it is shown that ter 61 is amended by striking ‘‘income tax return is amended by striking ‘‘income tax return pre- the claim for such excessive amount has a rea- preparers’’ and inserting ‘‘tax return pre- parers’’ and inserting ‘‘tax return preparers’’. (J)(i) Section 7427 is amended— sonable basis, the person making such claim parers’’. (I) by striking ‘‘ shall be liable for a penalty in an amount equal (B) Section 6103(k)(5) is amended— INCOME TAX RETURN PRE- to 20 percent of the excessive amount. (i) by striking ‘‘income tax return preparer’’ PARERS’’ in the heading and inserting ‘‘TAX ‘‘(b) EXCESSIVE AMOUNT.—For purposes of each place it appears and inserting ‘‘tax return RETURN PREPARERS’’, and (II) by striking ‘‘an income tax return pre- this section, the term ‘excessive amount’ means preparer’’, and in the case of any person the amount by which (ii) by striking ‘‘income tax return preparers’’ parer’’ and inserting ‘‘a tax return preparer’’. (ii) The item relating to section 7427 in the the amount of the claim for refund or credit for each place it appears and inserting ‘‘tax return table of sections for subchapter B of chapter 76 any taxable year exceeds the amount of such preparers’’. (C)(i) Section 6107 is amended— is amended to read as follows: claim allowable under this title for such taxable (I) by striking ‘‘INCOME TAX RETURN PRE- ‘‘Sec. 7427. Tax return preparers.’’. year. ‘‘(c) COORDINATION WITH OTHER PENALTIES.— PARER’’ in the heading and inserting ‘‘TAX (b) MODIFICATION OF PENALTY FOR UNDER- This section shall not apply to any portion of RETURN PREPARER’’, STATEMENT OF TAXPAYER’S LIABILITY BY TAX the excessive amount of a claim for refund or (II) by striking ‘‘an income tax return pre- RETURN PREPARER.—Subsections (a) and (b) of parer’’ each place it appears in subsections (a) section 6694 are amended to read as follows: credit which is subject to a penalty imposed under part II of subchapter A of chapter 68.’’. and (b) and inserting ‘‘a tax return preparer’’, ‘‘(a) UNDERSTATEMENT DUE TO UNREASONABLE (b) CONFORMING AMENDMENT.—The table of (III) by striking ‘‘INCOME TAX RETURN PRE- POSITIONS.— sections for part I of subchapter B of chapter 68 PARER’’ in the heading for subsection (b) and in- ‘‘(1) IN GENERAL.—Any tax return preparer is amended by inserting after the item relating serting ‘‘TAX RETURN PREPARER’’, and who prepares any return or claim for refund (IV) in subsection (c), by striking ‘‘income tax with respect to which any part of an under- to section 6675 the following new item: return preparers’’ and inserting ‘‘tax return pre- statement of liability is due to a position de- ‘‘Sec. 6676. Erroneous claim for refund or cred- parers’’. scribed in paragraph (2) shall pay a penalty it.’’. (ii) The item relating to section 6107 in the with respect to each such return or claim in an (c) EFFECTIVE DATE.—The amendments made table of sections for subchapter B of chapter 61 amount equal to the greater of— by this section shall apply to any claim filed or is amended by striking ‘‘Income tax return pre- ‘‘(A) $1,000, or submitted after the date of the enactment of this parer’’ and inserting ‘‘Tax return preparer’’. ‘‘(B) 50 percent of the income derived (or to be Act. (D) Section 6109(a)(4) is amended— derived) by the tax return preparer with respect SEC. 8248. TIME FOR PAYMENT OF CORPORATE (i) by striking ‘‘an income tax return pre- to the return or claim. ESTIMATED TAXES. parer’’ and inserting ‘‘a tax return preparer’’, ‘‘(2) UNREASONABLE POSITION.—A position is Subparagraph (B) of section 401(1) of the Tax and described in this paragraph if— Increase Prevention and Reconciliation Act of

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00241 Fmt 0624 Sfmt 6333 E:\CR\FM\A24MY6.068 S24MYPT1 bajohnson on PRODPC74 with SENATE S6818 CONGRESSIONAL RECORD — SENATE May 24, 2007 2005 is amended by striking ‘‘106.25 percent’’ Regulatory Enforcement Fairness Act of 1996 (5 (1) for the first fiscal year in which the cov- and inserting ‘‘114.25 percent’’. U.S.C. 601 note) is amended by inserting ‘‘and ered entity receives such assistance, not less Subtitle C—Small Business Incentives entitled’’ after ‘‘designated’’. than 50 percent of such costs ($1 for each $1 of assistance provided to the covered entity under SEC. 8301. SHORT TITLE. SEC. 8303. SMALL BUSINESS CHILD CARE GRANT This subtitle may be cited as the ‘‘Small Busi- PROGRAM. the grant); (2) for the second fiscal year in which the cov- ness and Work Opportunity Act of 2007’’. (a) ESTABLISHMENT.—The Secretary of Health and Human Services (referred to in this section ered entity receives such assistance, not less SEC. 8302. ENHANCED COMPLIANCE ASSISTANCE than 662⁄3 percent of such costs ($2 for each $1 FOR SMALL BUSINESSES. as the ‘‘Secretary’’) shall establish a program to award grants to States, on a competitive basis, of assistance provided to the covered entity (a) IN GENERAL.—Section 212 of the Small under the grant); and Business Regulatory Enforcement Fairness Act to assist States in providing funds to encourage (3) for the third fiscal year in which the cov- of 1996 (5 U.S.C. 601 note) is amended by strik- the establishment and operation of employer-op- ered entity receives such assistance, not less ing subsection (a) and inserting the following: erated child care programs. (b) APPLICATION.—To be eligible to receive a than 75 percent of such costs ($3 for each $1 of ‘‘(a) COMPLIANCE GUIDE.— assistance provided to the covered entity under ‘‘(1) IN GENERAL.—For each rule or group of grant under this section, a State shall prepare related rules for which an agency is required to and submit to the Secretary an application at the grant). prepare a final regulatory flexibility analysis such time, in such manner, and containing such (f) REQUIREMENTS OF PROVIDERS.—To be eligi- under section 605(b) of title 5, United States information as the Secretary may require, in- ble to receive assistance under a grant awarded Code, the agency shall publish 1 or more guides cluding an assurance that the funds required under this section, a child care provider— (1) who receives assistance from a State shall to assist small entities in complying with the under subsection (e) will be provided. comply with all applicable State and local li- rule and shall entitle such publications ‘small (c) AMOUNT AND PERIOD OF GRANT.—The Sec- censing and regulatory requirements and all ap- entity compliance guides’. retary shall determine the amount of a grant to plicable health and safety standards in effect in ‘‘(2) PUBLICATION OF GUIDES.—The publica- a State under this section based on the popu- tion of each guide under this subsection shall lation of the State as compared to the popu- the State; and include— lation of all States receiving grants under this (2) who receives assistance from an Indian ‘‘(A) the posting of the guide in an easily section. The Secretary shall make the grant for tribe or tribal organization shall comply with all identified location on the website of the agency; a period of 3 years. applicable regulatory standards. and (d) USE OF FUNDS.— (g) STATE-LEVEL ACTIVITIES.—A State may ‘‘(B) distribution of the guide to known indus- (1) IN GENERAL.—A State shall use amounts not retain more than 3 percent of the amount try contacts, such as small entities, associations, provided under a grant awarded under this sec- described in subsection (c) for State administra- or industry leaders affected by the rule. tion to provide assistance to small businesses (or tion and other State-level activities. ‘‘(3) PUBLICATION DATE.—An agency shall consortia formed in accordance with paragraph (h) ADMINISTRATION.— publish each guide (including the posting and (3)) located in the State to enable the small busi- (1) STATE RESPONSIBILITY.—A State shall have distribution of the guide as described under nesses (or consortia) to establish and operate responsibility for administering a grant awarded paragraph (2))— child care programs. Such assistance may in- for the State under this section and for moni- ‘‘(A) on the same date as the date of publica- clude— toring covered entities that receive assistance tion of the final rule (or as soon as possible after (A) technical assistance in the establishment under such grant. that date); and of a child care program; (2) AUDITS.—A State shall require each cov- ‘‘(B) not later than the date on which the re- (B) assistance for the startup costs related to ered entity receiving assistance under the grant quirements of that rule become effective. a child care program; awarded under this section to conduct an an- ‘‘(4) COMPLIANCE ACTIONS.— (C) assistance for the training of child care nual audit with respect to the activities of the ‘‘(A) IN GENERAL.—Each guide shall explain providers; covered entity. Such audits shall be submitted to the actions a small entity is required to take to (D) scholarships for low-income wage earners; the State. comply with a rule. (E) the provision of services to care for sick (3) MISUSE OF FUNDS.— ‘‘(B) EXPLANATION.—The explanation under children or to provide care to school-aged chil- (A) REPAYMENT.—If the State determines, subparagraph (A)— dren; through an audit or otherwise, that a covered ‘‘(i) shall include a description of actions (F) the entering into of contracts with local entity receiving assistance under a grant award- needed to meet the requirements of a rule, to en- resource and referral organizations or local ed under this section has misused the assistance, able a small entity to know when such require- health departments; the State shall notify the Secretary of the mis- ments are met; and (G) assistance for care for children with dis- use. The Secretary, upon such a notification, ‘‘(ii) if determined appropriate by the agency, abilities; may seek from such a covered entity the repay- may include a description of possible proce- (H) payment of expenses for renovation or op- ment of an amount equal to the amount of any dures, such as conducting tests, that may assist eration of a child care facility; or such misused assistance plus interest. a small entity in meeting such requirements, ex- (I) assistance for any other activity deter- (B) APPEALS PROCESS.—The Secretary shall by cept that, compliance with any procedures de- mined appropriate by the State. regulation provide for an appeals process with scribed pursuant to this section does not estab- (2) APPLICATION.—In order for a small busi- respect to repayments under this paragraph. lish compliance with the rule, or establish a pre- ness or consortium to be eligible to receive assist- (i) REPORTING REQUIREMENTS.— sumption or inference of such compliance. ance from a State under this section, the small (1) 2-YEAR STUDY.— ‘‘(C) PROCEDURES.—Procedures described business involved shall prepare and submit to (A) IN GENERAL.—Not later than 2 years after under subparagraph (B)(ii)— the State an application at such time, in such the date on which the Secretary first awards ‘‘(i) shall be suggestions to assist small enti- manner, and containing such information as the grants under this section, the Secretary shall ties; and State may require. conduct a study to determine— ‘‘(ii) shall not be additional requirements, or (3) PREFERENCE.— (i) the capacity of covered entities to meet the diminish requirements, relating to the rule. (A) IN GENERAL.—In providing assistance child care needs of communities within States; ‘‘(5) AGENCY PREPARATION OF GUIDES.—The under this section, a State shall give priority to (ii) the kinds of consortia that are being agency shall, in its sole discretion, taking into an applicant that desires to form a consortium formed with respect to child care at the local account the subject matter of the rule and the to provide child care in a geographic area with- level to carry out programs funded under this language of relevant statutes, ensure that the in the State where such care is not generally section; and guide is written using sufficiently plain lan- available or accessible. (iii) who is using the programs funded under guage likely to be understood by affected small (B) CONSORTIUM.—For purposes of subpara- this section and the income levels of such indi- entities. Agencies may prepare separate guides graph (A), a consortium shall be made up of 2 viduals. covering groups or classes of similarly affected or more entities that shall include small busi- (B) REPORT.—Not later than 28 months after small entities and may cooperate with associa- nesses and that may include large businesses, the date on which the Secretary first awards tions of small entities to develop and distribute nonprofit agencies or organizations, local gov- grants under this section, the Secretary shall such guides. An agency may prepare guides and ernments, or other appropriate entities. prepare and submit to the appropriate commit- apply this section with respect to a rule or a (4) LIMITATIONS.—With respect to grant funds tees of Congress a report on the results of the group of related rules. received under this section, a State may not pro- study conducted in accordance with subpara- ‘‘(6) REPORTING.—Not later than 1 year after vide in excess of $500,000 in assistance from such graph (A). the date of enactment of the Fair Minimum funds to any single applicant. (2) 4-YEAR STUDY.— Wage Act of 2007, and annually thereafter, the (e) MATCHING REQUIREMENT.—To be eligible to (A) IN GENERAL.—Not later than 4 years after head of each agency shall submit a report to the receive a grant under this section, a State shall the date on which the Secretary first awards Committee on Small Business and Entrepreneur- provide assurances to the Secretary that, with grants under this section, the Secretary shall ship of the Senate, the Committee on Small respect to the costs to be incurred by a covered conduct a study to determine the number of Business of the House of Representatives, and entity receiving assistance in carrying out ac- child care facilities that are funded through any other committee of relevant jurisdiction de- tivities under this section, the covered entity covered entities that received assistance through scribing the status of the agency’s compliance will make available (directly or through dona- a grant awarded under this section and that re- with paragraphs (1) through (5).’’. tions from public or private entities) non-Fed- main in operation, and the extent to which such (b) TECHNICAL AND CONFORMING AMEND- eral contributions to such costs in an amount facilities are meeting the child care needs of the MENT.—Section 211(3) of the Small Business equal to— individuals served by such facilities.

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(B) REPORT.—Not later than 52 months after teria for the consideration and approval of ap- SEC. 8306. REPORTS ON ACQUISITIONS OF ARTI- the date on which the Secretary first awards plications by nonprofit organizations under this CLES, MATERIALS, AND SUPPLIES grants under this section, the Secretary shall subsection. MANUFACTURED OUTSIDE THE UNITED STATES. prepare and submit to the appropriate commit- ‘‘(B) CONTENTS.—Except as otherwise pro- Section 2 of the Buy American Act (41 U.S.C. tees of Congress a report on the results of the vided in this subsection, the conditions for par- 10a) is amended— study conducted in accordance with subpara- ticipation in the grant program under this sub- (1) by striking ‘‘Notwithstanding’’ and insert- graph (A). section shall be the same as the conditions for ing the following: (j) DEFINITIONS.—In this section: participation in the program under subsection ‘‘(a) IN GENERAL.—Notwithstanding’’; and (1) COVERED ENTITY.—The term ‘‘covered enti- (l), as in effect on the date of enactment of this (2) by adding at the end the following: ty’’ means a small business or a consortium Act. ‘‘(b) REPORTS.— formed in accordance with subsection (d)(3). ‘‘(C) NOTIFICATION.—Not later than 60 days ‘‘(1) IN GENERAL.—Not later than 180 days (2) INDIAN COMMUNITY.—The term ‘‘Indian after the date of the deadline to submit applica- after the end of each of fiscal years 2007 community’’ means a community served by an tions for each fiscal year, the Administrator through 2011, the head of each Federal agency Indian tribe or tribal organization. shall approve or deny any application under shall submit to the Committee on Homeland Se- (3) INDIAN TRIBE; TRIBAL ORGANIZATION.—The this subsection and notify the applicant for curity and Governmental Affairs of the Senate terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ each such application. and the Committee on Oversight and Govern- have the meanings given the terms in section ‘‘(4) AWARD OF GRANTS.— 658P of the Child Care and Development Block ment Reform of the House of Representatives a ‘‘(A) IN GENERAL.—Subject to the availability report on the amount of the acquisitions made Grant Act of 1990 (42 U.S.C. 9858n). of appropriations, the Administrator shall make (4) SMALL BUSINESS.—The term ‘‘small busi- by the agency in that fiscal year of articles, ma- a grant for the Federal share of the cost of ac- ness’’ means an employer who employed an av- terials, or supplies purchased from entities that tivities described in the application to each ap- erage of at least 2 but not more than 50 employ- manufacture the articles, materials, or supplies plicant approved under this subsection. ees on the business days during the preceding outside of the United States. ‘‘(B) AMOUNT.—A grant under this subsection calendar year. ‘‘(2) CONTENTS OF REPORT.—The report re- shall be for not more than $150,000, for each (5) STATE.—The term ‘‘State’’ has the meaning quired by paragraph (1) shall separately in- year of that grant. given the term in section 658P of the Child Care clude, for the fiscal year covered by such re- and Development Block Grant Act of 1990 (42 ‘‘(C) FEDERAL SHARE.—The Federal share port— U.S.C. 9858n). under this subsection shall be not more than 50 ‘‘(A) the dollar value of any articles, mate- (k) APPLICATION TO INDIAN TRIBES AND TRIB- percent. rials, or supplies that were manufactured out- AL ORGANIZATIONS.—In this section: ‘‘(D) PRIORITY.—In allocating funds made side the United States; (1) IN GENERAL.—Except as provided in sub- available for grants under this section, the Ad- ‘‘(B) an itemized list of all waivers granted section (f)(1), and in paragraphs (2) and (3), the ministrator shall give applications under this with respect to such articles, materials, or sup- term ‘‘State’’ includes an Indian tribe or tribal subsection or subsection (l) priority over first- plies under this Act, and a citation to the trea- organization. time applications under subsection (b). ty, international agreement, or other law under (2) GEOGRAPHIC REFERENCES.—The term ‘‘(5) RENEWAL.— which each waiver was granted; ‘‘State’’ includes an Indian community in sub- ‘‘(A) IN GENERAL.—The Administrator may ‘‘(C) if any articles, materials, or supplies sections (c) (the second and third place the term renew a grant under this subsection for addi- were acquired from entities that manufacture appears), (d)(1) (the second place the term ap- tional 3-year periods, if the nonprofit organiza- articles, materials, or supplies outside the pears), (d)(3)(A) (the second place the term ap- tion submits an application for such renewal at United States, the specific exception under this pears), and (i)(1)(A)(i). such time, in such manner, and accompanied by section that was used to purchase such articles, (3) STATE-LEVEL ACTIVITIES.—The term such information as the Administrator may es- materials, or supplies; and ‘‘State-level activities’’ includes activities at the tablish. ‘‘(D) a summary of— tribal level. ‘‘(B) UNLIMITED RENEWALS.—There shall be ‘‘(i) the total procurement funds expended on (l) AUTHORIZATION OF APPROPRIATIONS.— no limitation on the number of times a grant articles, materials, and supplies manufactured (1) IN GENERAL.—There is authorized to be ap- may be renewed under subparagraph (A). inside the United States; and propriated to carry out this section, $50,000,000 ‘‘(n) PRIVACY REQUIREMENTS.— ‘‘(ii) the total procurement funds expended on for the period of fiscal years 2008 through 2012. ‘‘(1) IN GENERAL.—A women’s business center articles, materials, and supplies manufactured (2) STUDIES AND ADMINISTRATION.—With re- may not disclose the name, address, or tele- outside the United States. spect to the total amount appropriated for such phone number of any individual or small busi- ‘‘(3) PUBLIC AVAILABILITY.—The head of each period in accordance with this subsection, not ness concern receiving assistance under this sec- Federal agency submitting a report under para- more than $2,500,000 of that amount may be tion without the consent of such individual or graph (1) shall make the report publicly avail- used for expenditures related to conducting small business concern, unless— able to the maximum extent practicable. studies required under, and the administration ‘‘(A) the Administrator is ordered to make ‘‘(4) EXCEPTION FOR INTELLIGENCE COMMU- of, this section. such a disclosure by a court in any civil or NITY.—This subsection shall not apply to acqui- (m) TERMINATION OF PROGRAM.—The program criminal enforcement action initiated by a Fed- sitions made by an agency, or component there- established under subsection (a) shall terminate eral or State agency; or of, that is an element of the intelligence commu- on September 30, 2012. ‘‘(B) the Administrator considers such a dis- nity as specified in, or designated under, section SEC. 8304. STUDY OF UNIVERSAL USE OF AD- closure to be necessary for the purpose of con- 3(4) of the National Security Act of 1947 (50 VANCE PAYMENT OF EARNED IN- ducting a financial audit of a women’s business U.S.C. 401a(4)).’’. COME CREDIT. center, but a disclosure under this subpara- TITLE IX—AGRICULTURAL ASSISTANCE Not later than 180 days after the date of the graph shall be limited to the information nec- enactment of this Act, the Secretary of the SEC. 9001. CROP DISASTER ASSISTANCE. essary for such audit. Treasury shall report to Congress on a study of (a) ASSISTANCE AVAILABLE.—There are hereby ‘‘(2) ADMINISTRATION USE OF INFORMATION.— the benefits, costs, risks, and barriers to workers appropriated to the Secretary of Agriculture This subsection shall not— and to businesses (with a special emphasis on such sums as are necessary, to remain available small businesses) if the advance earned income ‘‘(A) restrict Administration access to program until expended, to make emergency financial as- tax credit program (under section 3507 of the In- activity data; or sistance available to producers on a farm that ternal Revenue Code of 1986) included all recipi- ‘‘(B) prevent the Administration from using incurred qualifying quantity or quality losses ents of the earned income tax credit (under sec- client information (other than the information for the 2005, 2006, or 2007 crop, due to damaging tion 32 of such Code) and what steps would be described in subparagraph (A)) to conduct client weather or any related condition (including necessary to implement such inclusion. surveys. losses due to crop diseases, insects, and delayed EGULATIONS SEC. 8305. RENEWAL GRANTS FOR WOMEN’S BUSI- ‘‘(3) R .—The Administrator shall planting), as determined by the Secretary. How- NESS CENTERS. issue regulations to establish standards for re- ever, to be eligible for assistance, the crop sub- (a) IN GENERAL.—Section 29 of the Small Busi- quiring disclosures during a financial audit ject to the loss must have been planted before ness Act (15 U.S.C. 656) is amended by adding at under paragraph (1)(B).’’. February 28, 2007, or, in the case of prevented the end the following: (b) REPEAL.—Section 29(l) of the Small Busi- planting or other total loss, would have been ‘‘(m) CONTINUED FUNDING FOR CENTERS.— ness Act (15 U.S.C. 656(l)) is repealed effective planted before February 28, 2007, in the absence ‘‘(1) IN GENERAL.—A nonprofit organization October 1 of the first full fiscal year after the of the damaging weather or any related condi- described in paragraph (2) shall be eligible to re- date of enactment of this Act. tion. ceive, subject to paragraph (3), a 3-year grant (c) TRANSITIONAL RULE.—Notwithstanding (b) ELECTION OF CROP YEAR.—If a producer under this subsection. any other provision of law, a grant or coopera- incurred qualifying crop losses in more than one ‘‘(2) APPLICABILITY.—A nonprofit organiza- tive agreement that was awarded under sub- of the 2005, 2006, or 2007 crop years, the pro- tion described in this paragraph is a nonprofit section (l) of section 29 of the Small Business ducer shall elect to receive assistance under this organization that has received funding under Act (15 U.S.C. 656), on or before the day before section for losses incurred in only one of such subsection (b) or (l). the date described in subsection (b) of this sec- crop years. The producer may not receive assist- ‘‘(3) APPLICATION AND APPROVAL CRITERIA.— tion, shall remain in full force and effect under ance under this section for more than one crop ‘‘(A) CRITERIA.—Subject to subparagraph (B), the terms, and for the duration, of such grant or year. the Administrator shall develop and publish cri- agreement. (c) ADMINISTRATION.—

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(1) IN GENERAL.—Except as provided in para- ance coverage under the Federal Crop Insur- February 12, 2007 (72 Fed. Reg. 6443), to provide graph (2), the Secretary of Agriculture shall ance Act (7 U.S.C. 1501 et seq.). compensation for livestock losses between Janu- make assistance available under this section in (8) ELIGIBLE PRODUCTION.—The Secretary of ary 1, 2005 and February 28, 2007, due to a dis- the same manner as provided under section 815 Agriculture shall carry out this subsection in a aster, as determined by the Secretary (including of the Agriculture, Rural Development, Food fair and equitable manner for all eligible pro- losses due to blizzards that started in 2006 and and Drug Administration and Related Agencies duction, including the production of fruits and continued into January 2007). However, the Appropriations Act, 2001 (Public Law 106–387; vegetables, other specialty crops, and field payment rate for compensation under this sub- 114 Stat. 1549A–55), including using the same crops. section shall be 61 percent of the payment rate loss thresholds for quantity and economic losses (e) PAYMENT LIMITATIONS.— otherwise applicable under such program. In as were used in administering that section, ex- (1) LIMIT ON AMOUNT OF ASSISTANCE.—Assist- addition, section 1416.102(b)(2)(ii) of title 7, Code cept that the payment rate shall be 42 percent of ance provided under this section to a producer of Federal Regulations (72 Fed. Reg. 6444) shall the established price, instead of 65 percent. for losses to a crop, together with the amounts not apply. (2) LOSS THRESHOLDS FOR QUALITY LOSSES.— specified in paragraph (2) applicable to the same (2) ELIGIBLE APPLICANTS.—In carrying out the In the case of a payment for quality loss for a crop, may not exceed 95 percent of what the program described in paragraph (1), the Sec- crop under subsection (a), the loss thresholds for value of the crop would have been in the ab- retary shall provide assistance to any applicant quality loss for the crop shall be determined sence of the losses, as estimated by the Secretary that— under subsection (d). of Agriculture. (A) conducts a livestock operation that is lo- (d) QUALITY LOSSES.— (2) OTHER PAYMENTS.—In applying the limita- cated in a disaster county with eligible livestock (1) IN GENERAL.—Subject to paragraph (3), the tion in paragraph (1), the Secretary shall in- specified in paragraph (1) of section 1416.102(a) amount of a payment made to producers on a clude the following: of title 7, Code of Federal Regulations (72 Fed. farm for a quality loss for a crop under sub- (A) Any crop insurance payment made under Reg. 6444), an animal described in section section (a) shall be equal to the amount ob- the Federal Crop Insurance Act (7 U.S.C. 1501 et 10806(a)(1) of the Farm Security and Rural In- tained by multiplying— seq.) or payment under section 196 of the Fed- vestment Act of 2002 (21 U.S.C. 321d(a)(1)), or (A) 65 percent of the payment quantity deter- eral Agriculture Improvement and Reform Act of other animals designated by the Secretary as mined under paragraph (2); by 1996 (7 U.S.C. 7333) that the producer receives livestock for purposes of this subsection; and (B) 42 percent of the payment rate determined for losses to the same crop. (B) meets the requirements of paragraphs (3) under paragraph (3). (B) The value of the crop that was not lost (if and (4) of section 1416.102(a) of title 7, Code of (2) PAYMENT QUANTITY.—For the purpose of any), as estimated by the Secretary. Federal Regulations, and all other eligibility re- paragraph (1)(A), the payment quantity for (f) ELIGIBILITY REQUIREMENTS AND LIMITA- quirements established by the Secretary for the quality losses for a crop of a commodity on a TIONS.—The producers on a farm shall not be el- program. (3) ELECTION OF LOSSES.— farm shall equal the lesser of— igible for assistance under this section with re- (A) If a producer incurred eligible livestock (A) the actual production of the crop affected spect to losses to an insurable commodity or losses in more than one of the 2005, 2006, or 2007 by a quality loss of the commodity on the farm; noninsurable commodity if the producers on the calendar years, the producer shall elect to re- or farm— ceive payments under this subsection for losses (B) the quantity of expected production of the (1) in the case of an insurable commodity, did incurred in only one of such calendar years, crop affected by a quality loss of the commodity not obtain a policy or plan of insurance for the and such losses must have been incurred in a on the farm, using the formula used by the Sec- insurable commodity under the Federal Crop In- county declared or designated as a disaster retary of Agriculture to determine quantity surance Act (7 U.S.C. 1501 et seq.) for the crop losses for the crop of the commodity under sub- county in that same calendar year. incurring the losses; (B) Producers may elect to receive compensa- section (a). (2) in the case of a noninsurable commodity, (3) PAYMENT RATE.—For the purpose of para- tion for losses in the calendar year 2007 grazing did not file the required paperwork, and pay the graph (1)(B) and in accordance with para- season that are attributable to wildfires occur- administrative fee by the applicable State filing graphs (5) and (6), the payment rate for quality ring during the applicable period, as determined deadline, for the noninsurable commodity under losses for a crop of a commodity on a farm shall by the Secretary. section 196 of the Federal Agriculture Improve- be equal to the difference between— (4) MITIGATION.—In determining the eligibility ment and Reform Act of 1996 (7 U.S.C. 7333) for (A) the per unit market value that the units of for or amount of payments for which a producer the crop incurring the losses; or the crop affected by the quality loss would have is eligible under the livestock compensation pro- (3) were not in compliance with highly erod- had if the crop had not suffered a quality loss; gram, the Secretary shall not penalize a pro- ible land conservation and wetland conservation and ducer that takes actions (recognizing disaster provisions. (B) the per unit market value of the units of conditions) that reduce the average number of (g) TIMING.— the crop affected by the quality loss. livestock the producer owned for grazing during (1) IN GENERAL.—Subject to paragraph (2), the (4) ELIGIBILITY.—For producers on a farm to the production year for which assistance is Secretary of Agriculture shall make payments to be eligible to obtain a payment for a quality loss being provided. producers on a farm for a crop under this sec- for a crop under subsection (a), the amount ob- (5) DEFINITIONS.—In this subsection: tion not later than 60 days after the date the tained by multiplying the per unit loss deter- (A) DISASTER COUNTY.—The term ‘‘disaster producers on the farm submit to the Secretary a mined under paragraph (1) by the number of county’’ means— completed application for the payments. (i) a county included in the geographic area units affected by the quality loss shall be at (2) INTEREST.—If the Secretary does not make covered by a natural disaster declaration; and least 25 percent of the value that all affected payments to the producers on a farm by the date (ii) each county contiguous to a county de- production of the crop would have had if the described in paragraph (1), the Secretary shall scribed in clause (i). crop had not suffered a quality loss. pay to the producers on a farm interest on the (B) NATURAL DISASTER DECLARATION.—The (5) MARKETING CONTRACTS.—In the case of term ‘‘natural disaster declaration’’ means— any production of a commodity that is sold pur- payments at a rate equal to the current (as of the sign-up deadline established by the Sec- (i) a natural disaster declared by the Sec- suant to one or more marketing contracts (re- retary between January 1, 2005 and February gardless of whether the contract is entered into retary) market yield on outstanding, marketable obligations of the United States with maturities 28, 2007, under section 321(a) of the Consoli- by the producers on the farm before or after dated Farm and Rural Development Act (7 harvest) and for which appropriate documenta- of 30 years. (h) DEFINITIONS.—In this section: U.S.C. 1961(a)); tion exists, the quantity designated in the con- (ii) a major disaster or emergency designated (1) INSURABLE COMMODITY.—The term ‘‘insur- tracts shall be eligible for quality loss assistance by the President between January 1, 2005 and able commodity’’ means an agricultural com- based on the one or more prices specified in the February 28, 2007, under the Robert T. Stafford modity (excluding livestock) for which the pro- contracts. Disaster Relief and Emergency Assistance Act ducers on a farm are eligible to obtain a policy (6) OTHER PRODUCTION.—For any additional (42 U.S.C. 5121 et seq.); or or plan of insurance under the Federal Crop In- production of a commodity for which a mar- (iii) a determination of a Farm Service Agency surance Act (7 U.S.C. 1501 et seq.). keting contract does not exist or for which pro- Administrator’s Physical Loss Notice if such no- (2) NONINSURABLE COMMODITY.—The term duction continues to be owned by the producer, tice applies to a county included under (ii). quality losses shall be based on the average ‘‘noninsurable commodity’’ means a crop for (b) LIVESTOCK INDEMNITY PAYMENTS.— local market discounts for reduced quality, as which the producers on a farm are eligible to ob- (1) AVAILABILITY OF ASSISTANCE.—There are determined by the appropriate State committee tain assistance under section 196 of the Federal hereby appropriated to the Secretary of Agri- of the Farm Service Agency. Agriculture Improvement and Reform Act of culture such sums as are necessary, to remain (7) QUALITY ADJUSTMENTS AND DISCOUNTS.— 1996 (7 U.S.C. 7333). available until expended, to make livestock in- The appropriate State committee of the Farm SEC. 9002. LIVESTOCK ASSISTANCE. demnity payments to producers on farms that Service Agency shall identify the appropriate (a) LIVESTOCK COMPENSATION PROGRAM.— have incurred livestock losses between January quality adjustment and discount factors to be (1) AVAILABILITY OF ASSISTANCE.—There are 1, 2005 and February 28, 2007, due to a disaster, considered in carrying out this subsection, in- hereby appropriated to the Secretary of Agri- as determined by the Secretary (including losses cluding— culture such sums as are necessary, to remain due to blizzards that started in 2006 and contin- (A) the average local discounts actually ap- available until expended, to carry out the live- ued into January 2007) in a disaster county. To plied to a crop; and stock compensation program established under be eligible for assistance, applicants must meet (B) the discount schedules applied to loans subpart B of part 1416 of title 7, Code of Federal all eligibility requirements established by the made by the Farm Service Agency or crop insur- Regulations, as announced by the Secretary on Secretary for the program.

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00244 Fmt 0624 Sfmt 6333 E:\CR\FM\A24MY6.068 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6821 (2) ELECTION OF LOSSES.—If a producer in- (2) the Statement of Policy of the Secretary of tion to war in Iraq—took this Nation curred eligible livestock losses in more than one Agriculture effective July 24, 1971 (36 Fed. Reg. to war in Iraq without sufficient of the 2005, 2006, or 2007 calendar years, the pro- 13804), relating to notices of proposed rule- troops, without a plan to win the ducer shall elect to receive payments under this making and public participation in rulemaking; peace, and without truth regarding subsection for losses incurred in only one of and Saddam Hussein’s nonexistent weapons such calendar years. The producer may not re- (3) chapter 35 of title 44, United States Code ceive payments under this subsection for more (commonly known as the ‘‘Paperwork Reduction of mass destruction or his nonexistent than one calendar year. Act’’). links to al-Qaida. (3) PAYMENT RATES.—Indemnity payments to (c) CONGRESSIONAL REVIEW OF AGENCY RULE- Nearly 51 months later—6 months a producer on a farm under paragraph (1) shall MAKING.—In carrying out this section, the Sec- longer than it took this Nation to de- be made at a rate of not less than 26 percent of retary of Agriculture shall use the authority feat Germany and Japan in World War the market value of the applicable livestock on provided under section 808 of title 5, United II—the violence in Iraq continues and the day before the date of death of the livestock, States Code. the cost to our military and our Nation as determined by the Secretary. (d) USE OF COMMODITY CREDIT CORPORATION; has been frightening. More than 3,400 LIMITATION.—In implementing sections 9001 and (4) LIVESTOCK DEFINED.—In this subsection, American troops have made the ulti- the term ‘‘livestock’’ means an animal that— 9002, the Secretary of Agriculture may use the (A) is specified in clause (i) of section facilities, services, and authorities of the Com- mate sacrifice—death. Nine were killed 1416.203(a)(2) of title 7, Code of Federal Regula- modity Credit Corporation. The Corporation yesterday and two more today in this tions (72 Fed. Reg. 6445), or is designated by the shall not make any expenditures to carry out escalating violence across Iraq in Secretary as livestock for purposes of this sub- sections 9001 and 9002 unless funds have been which we are losing our brave men and section; and specifically appropriated for such purpose. women. Guard and Reserve units all (B) meets the requirements of clauses (iii) and SEC. 9006. MILK INCOME LOSS CONTRACT PRO- across America lack equipment to do (iv) of such section. GRAM. their jobs at home and in Iraq. U.S. (5) DEFINITIONS.—In this subsection: (a) Section 1502(c)(3) of the Farm Security and citizens have provided nearly half a (A) DISASTER COUNTY.—The term ‘‘disaster Rural Investment Act of 2002 (7 U.S.C. county’’ means— 7982(c)(3)) is amended— trillion dollars to cover the cost of this (i) a county included in the geographic area (1) in subparagraph (A), by adding ‘‘and’’ at intractable civil war. And because of covered by a natural disaster declaration; and the end; this war, our Nation has been totally (ii) each county contiguous to a county de- (2) in subparagraph (B), by striking ‘‘August’’ distracted in its effort to defeat those scribed in clause (i). and all that follows through the end and insert- who attacked us on 9/11. Indeed, more (B) NATURAL DISASTER DECLARATION.—The ing ‘‘September 30, 2007, 34 percent.’’; and than 5 years after 9/11, Osama bin term ‘‘natural disaster declaration’’ means— (3) by striking subparagraph (C). Laden is still free, and al-Qaida re- (i) a natural disaster declared by the Sec- (b) Section 10002 of this Act shall not apply to retary between January 1, 2005 and February this section except with respect to fiscal years mains an important force. 28, 2007, under section 321(a) of the Consoli- 2007 and 2008. Throughout all this, our military has performed heroically. Our troops have dated Farm and Rural Development Act (7 SEC. 9007. DAIRY ASSISTANCE. U.S.C. 1961(a)); There is hereby appropriated $16,000,000 to done everything asked of them and (ii) a major disaster or emergency designated make payments to dairy producers for dairy pro- even more. Our troops toppled a dic- by the President between January 1, 2005 and duction losses in disaster counties, as defined in tator and gave the Iraqis a chance to February 28, 2007, under the Robert T. Stafford section 9002 of this title, to remain available establish a new government and a new Disaster Relief and Emergency Assistance Act until expended. way of life. Unfortunately, the Bush (42 U.S.C. 5121 et seq.); or SEC. 9008. NONINSURED CROP ASSISTANCE PRO- administration did not provide them a (iii) a determination of a Farm Service Agency GRAM. strategy to match that sacrifice. Iraq Administrator’s Physical Loss Notice if such no- For states in which there is a shortage of tice applies to a county included under (ii). is now in a state of civil war, with no claims adjustors, as determined by the Sec- end in sight, and our valiant troops are SEC. 9003. EMERGENCY CONSERVATION PRO- retary, the Secretary shall permit the use of one GRAM. claims adjustor certified by the Secretary in car- caught in the middle. There is hereby appropriated to the Secretary rying out 7 CFR 1437.401. Instead of accepting this reality, of Agriculture $16,000,000, to remain available SEC. 9009. EMERGENCY GRANTS TO ASSIST LOW- President Bush has stubbornly refused until expended, to provide assistance under the INCOME MIGRANT AND SEASONAL to change course. Instead of listening Emergency Conservation Program under title IV FARMWORKERS. to his military commanders who say of the Agriculture Credit Act of 1978 (16 U.S.C. There is hereby appropriated $16,000,000 to there is no military solution in Iraq, he 2201 et seq.) for the cleanup and restoration of carry out section 2281 of the Food, Agriculture, has plunged our forces further into sec- farm and agricultural production lands. Conservation and Trade Act of 1990 (42 U.S.C. tarian fighting. Instead of accepting a SEC. 9004. PAYMENT LIMITATIONS. 5177a), to remain available until expended. bipartisan path in Iraq offered by Con- (a) REDUCTION IN PAYMENTS TO REFLECT PAY- SEC. 9010. CONSERVATION SECURITY PROGRAM. gress and even the Iraq Study Group, MENTS FOR SAME OR SIMILAR LOSSES.—The Section 20115 of Public Law 110–5 is amended amount of any payment for which a producer is by striking ‘‘section 726’’ and inserting in lieu this President stubbornly clings to his eligible under sections 9001 and 9002 shall be re- thereof ‘‘section 726; section 741’’. failed ‘‘my way or the highway’’ ap- duced by any amount received by the producer SEC. 9011. ADMINISTRATIVE EXPENSES. proach to governing America. for the same loss or any similar loss under— There is hereby appropriated $22,000,000 for MG John Batiste, who commanded (1) the Department of Defense, Emergency the ‘‘Farm Service Agency, Salaries and Ex- the First Infantry Division in Iraq, Supplemental Appropriations to Address Hurri- penses’’, to remain available until September 30, says this about the President’s failed canes in the Gulf of Mexico, and Pandemic In- 2008. Iraq policy: fluenza Act, 2006 (Public Law 109–148; 119 Stat. SEC. 9012. CONTRACT WAIVER. Here is the bottom line: Americans must 2680); In carrying out crop disaster and livestock as- come to grips with the fact that our military (2) an agricultural disaster assistance provi- sistance in this title, the Secretary shall require alone cannot establish a democracy. We can- sion contained in the announcement of the Sec- forage producers to have participated in a crop not sustain the current operational tempo retary on January 26, 2006 or August 29, 2006; or insurance pilot program or the Non-Insured without seriously damaging the Army and (3) the Emergency Supplemental Appropria- Crop Disaster Assistance Program during the Marine Corps. Our troops have been asked to tions Act for Defense, the Global War on Terror, crop year for which compensation is received. carry the burden of an ill-conceived mission. and Hurricane Recovery, 2006 (Public Law 109– 234; 120 Stat. 418). TITLE X—GENERAL PROVISIONS Earlier this year, former U.S. Sec- (b) ADJUSTED GROSS INCOME LIMITATION.— SEC. 10001. No part of any appropriation con- retary of State Henry Kissinger said: Section 1001D of the Food Security Act of 1985 tained in this Act shall remain available for ob- The problems in Iraq are more complex (7 U.S.C. 1308–3a) shall apply with respect to as- ligation beyond the current fiscal year unless than Vietnam, and military victory is sistance provided under sections 9001, 9002, and expressly so provided herein. no longer possible. Henry Kissinger 9003. SEC. 10002. Amounts in this Act (other than in titles VI and VIII) are designated as emergency said—and I repeat—the problems in SEC. 9005. ADMINISTRATION. requirements and necessary to meet emergency Iraq are more complex than Vietnam, (a) REGULATIONS.—The Secretary of Agri- needs pursuant to subsections (a) and (b) of sec- and military victory is no longer pos- culture may promulgate such regulations as are tion 204 of S. Con. Res. 21 (110th Congress), the sible. necessary to implement sections 9001 and 9002. concurrent resolution on the budget for fiscal GEN George Casey, former Com- (b) PROCEDURE.—The promulgation of the im- plementing regulations and the administration year 2008. mander of U.S. Forces in Iraq, and cur- of sections 9001 and 9002 shall be made without Mr. REID. Mr. President, I move to rently Chief of Staff of the Army, said: regard to— concur in the House amendment. It has always been my view that a heavy (1) the notice and comment provisions of sec- Mr. President, more than 4 years ago, and sustained military presence was not tion 553 of title 5, United States Code; the Bush administration took this Na- going to solve the problem in Iraq.

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00245 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.068 S24MYPT1 bajohnson on PRODPC74 with SENATE S6822 CONGRESSIONAL RECORD — SENATE May 24, 2007 That was General Casey. Six months day of this democratically controlled their senses. There are equally ago, the Iraq Study Group said the sit- Congress, we have made it clear to the thoughtful members who believe we uation in Iraq was grave and deterio- President that the days of blank must vote yes because this bill does rating. The civil war in Iraq has only checks and green lights for his failed take a step forward in holding the gotten more pronounced since then. policy are over. After 6 years of President and the Iraqis accountable Unfortunately, the President’s esca- rubberstamping President Bush’s failed and it does increase pressure on this lation strategy has not produced the policy, Congress has reasserted its administration and its supporters to positive results we seek. Attacks on rightful position in our constitutional change direction in Iraq. U.S. forces have increased, not de- form of Government. Although this is a very close call for creased. Since the onset of this latest Democrats have held more hearings me, as I suspect it is for many Sen- surge, more than three U.S. soldiers on Iraq in 4 months than the Repub- ators, I have decided to support this have been killed every day. Nearly 90 lican-controlled Congress held in 4 measure. But let me say, I know those soldiers have been killed this month so years. We have repeatedly forced our who oppose this bill care as deeply far, and almost 400 since the escalation Republican colleagues in the Senate about the safety of our troops as I do. plan began. Sectarian killings have in- and in the House to debate and vote on They know I care as deeply about creased to presurge levels. where people stand with respect to the changing the course in Iraq as they do. According to today’s Washington President’s failed Iraq policy. With This bill before us clearly does not go Post newspaper, over 300 unidentified each step we have taken, the pressure as far as a bipartisan majority of Con- corpses, most dumped in streets and on the President and his Republican al- gress would like. But it goes a lot fur- alleys and water sewer systems, show- lies to change course has grown. ther than the President and his sup- ing signs of torture and execution, The most important step we have porters were willing to go earlier this were found all across the capital of taken occurred last month. In the face month. That is why we saw this head- Iraq in the month of May. And the of heavy White House pressure and line in a recent edition of the Los An- month of May is not over. more misleading statements by admin- geles Times. Here is what it said: ‘‘Sen- Four million Iraqis, including 1.6 mil- istration officials, Congress was able to ate Tilting On Iraq Policies; Repub- lion children, have fled their homes be- pass a bill that did what the American licans Show Their Strongest Willing- cause of the violence, setting the stage people asked us to do: No. 1, fully fund ness Yet To Rein In Bush.’’ for a massive humanitarian crisis. our troops and, No. 2, immediately Here is what the bill requires of the Our military has been pushed to the change the direction of the war in Iraq. administration and Iraqis, the one be- breaking point. To make up for the In addition, the bill provides much fore us tonight: It establishes 18 bench- shortages of combat-ready forces, tours needed funds to procure additional marks on which to measure the Iraqi of duty have now been extended from 12 equipment for our Guard and Reserve Government’s performance; restricts to 15 months, with many soldiers now and to provide health care services for the use of foreign aid to the Iraqi Gov- in their third and fourth tours. active-duty troops and America’s he- ernment should they fail to make Mr. President, I spoke just last week roic veterans. meaningful progress; requires the to one Nevada family whose son was As the Senate Democratic leader, I President to certify that the Iraqi Gov- killed in action last week. We all re- am very proud of Senate Democrats. In ernment deserves these funds even if member there were three hostages, less than 4 months of Democratic con- they fail to perform as promised; re- prisoners of war. I called the father, trol, with virtual Democratic una- quires the administration to testify be- and he said: I pray that my boy is one nimity, Congress sent the President fore Congress and an independent as- of the three. There were four that were binding language that would truly sessment by the Government Account- unidentified. Well, his prayers were not compel him to do what the American ability Office on the performance of answered. His son was the one inciner- people desire. Unfortunately, though, the Iraqi Government; requires the ated in the humvee, and they had to the President vetoed that important President submit a report on the com- wait until they took DNA to find out it legislation, leaving him further iso- bat proficiency of Iraqi security forces; was his son. lated from the American people, mili- requires the President to redeploy our This soldier had survived four vehicle tary experts, and an increasing number troops if the Iraqi Government con- explosions during his four tours of of his own political party. cludes our presence is no longer de- duty. That is too much to ask of any In the days since that veto, we have sired; restricts use of Defense Depart- soldier or his family. Perhaps, not sur- had negotiations with the administra- ment funding until Congress receives prisingly after all, this soldier ex- tion about how to proceed. The Presi- information about contractors in Iraq; pressed reservations about the war in dent made it very clear as late as last and states official U.S. policy precludes Iraq, is what he told his best friend be- night that he intended to veto any ef- permanent military bases in Iraq, no fore he left for the fourth time. His fort to implement timelines, transition torture of detainees, and no designs on grandfather said: the mission, or ensure the readiness of Iraqi oil. It is a waste of young lives. We should not our troops before they are deployed. When the President signs the bill, be in the middle of a civil war. Furthermore, here in the Senate our that will be the law. Some of this lan- Meanwhile, our capacity to respond minority colleagues made it clear they guage is taken from an amendment of- to other challenges around the world are determined to place procedural fered by Senator JOHN WARNER last has been greatly constrained. Terror hurdles, most notably requiring 60 week. Senator WARNER offered his attacks across the world are up, not votes rather than a simple majority, in amendment as an alternative to the down. U.S. influence and standing is front of those who seek to significantly Feingold-Reid amendment that would down, not up. By focusing on Iraq and alter the President’s Iraq policy. have immediately transitioned the doing little or nothing in the rest of Democratic unanimity with a handful mission in Iraq and required a phased the Middle East, this critical region of Republicans will not be sufficient to redeployment by April 2008. Naturally I has been destabilized even further and do what we believe must be done. Until said the Feingold-Reid language was stands even closer to a broader re- more Republicans develop the courage far superior to the Warner language. gional war. to step forward and insist that the However, today we don’t have the op- The American people saw all this un- President change course in Iraq, Re- tion of choosing between Feingold-Reid folding last November and they publican intransigence has left us with and Warner. I wish we did. Although reached a conclusion that enough was no good options. the Warner language is weak by com- enough. That is why they sent this How to vote on this bill before us is parison to Feingold-Reid, and I so stat- President and Congress a clear and un- a very difficult and personal decision ed on the Senate floor last week, I be- mistakable challenge and a direct mes- for each Member of this Senate. There lieve we can begin holding the adminis- sage: Find a responsible end to this are many thoughtful members of my tration accountable if we adopt the war. caucus who believe we should vote no, Warner language plus the other Iraq- That is what congressional Demo- and continue to vote no until the related provisions contained in this crats have done. From the very first President and his supporters come to bill, which I have outlined.

VerDate Aug 31 2005 09:01 May 25, 2007 Jkt 059060 PO 00000 Frm 00246 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.137 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6823 I know none of these measures comes The clerk will call the roll. troops. That is what the Feingold-Reid close to the timelines and account- The legislative clerk called the roll. amendment stood for and that is why I ability provisions I supported in the ve- Mr. DURBIN. I announce that the voted for it on May 16, 2007. Unfortu- toed bill. However, I also know these Senator from South Dakota (Mr. JOHN- nately, it did not have enough votes to provisions will force the administra- SON) and the Senator from New York pass. Our effort to force the President tion to do more than they have ever (Mr. SCHUMER) are necessarily absent. to change the mission in Iraq will con- done before. I also know the stakes are Mr. LOTT. The following Senators tinue almost immediately with the too high and our obligation to the are necessarily absent: the Senator DOD authorization bill and will not troops and the country is too great for from Kansas (Mr. BROWNBACK), the end until we succeed. us to stop working to force the Presi- Senator from Minnesota (Mr. COLE- f dent and his supporters to change MAN), the Senator from Utah (Mr. MORNING BUSINESS course. The burden for securing and HATCH), and the Senator from Wyo- governing Iraq must now rest with the ming (Mr. THOMAS). Mr. DURBIN. I ask unanimous con- Iraqi people. Further, if present and voting, the sent that there now be a period of As General Abizaid said: Senator from Utah (Mr. HATCH) and the morning business with Senators per- It is easy for Iraqis to reply upon us to do Senator from Minnesota (Mr. COLEMAN) mitted to speak therein for up to 10 this work. I believe that more American would have voted ‘‘yea.’’ minutes each. forces prevent the Iraqis from doing more, The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without from taking more responsibility for their any other Senators in the Chamber de- objection, it is so ordered. own future. siring to vote? The Senator from Illinois. GEN Doug Lute, recently nominated The result was announced—yeas 80, by President Bush to be his war czar, f nays 14, as follows: DARFUR said: The result was announced—yeas 80, We believe at some point, in order to break nays 14, as follows: Mr. DURBIN. Mr. President, I come this dependence on the coalition, you simply [Rollcall Vote No. 181 Leg.] to the floor this evening to address the have to back off and let the Iraqis step for- ongoing genocide in Darfur. I have been ward. YEAS—80 coming to the floor almost every week As long as I am Democratic leader Akaka Dorgan Menendez Alexander Durbin Mikulski to try to make certain we don’t forget and this President persists in pursuing what is happening in Sudan, even as we the worst foreign policy blunder in this Allard Ensign Murkowski Baucus Feinstein Murray focus most of our energy on important Nation’s history, the American people Bayh Graham Nelson (FL) issues such as the war in Iraq, immi- should know I am determined to fight Bennett Grassley Nelson (NE) gration reform, and so many other for change in Iraq. The Senate Armed Biden Gregg Pryor Bingaman Hagel things on our Senate agenda. But the Services Committee reported the fiscal Reed Bond Harkin Reid crisis in Sudan is simply too great for year 2008 Defense authorization bill Brown Hutchison Roberts 1 Bunning Inhofe us to ignore. It has now been over 2 ⁄2 earlier today. We will move to it in our Rockefeller Byrd Inouye years since the President quite rightly Salazar next work period, which starts in about Cantwell Isakson Sessions called the situation in Sudan what it 10 days. This battle for responsible and Cardin Klobuchar Shelby is, a genocide. It was September 9, 2004, effective Iraq policy will be joined in Carper Kohl Smith when the President made that coura- the Senate no later than when we take Casey Kyl Chambliss Landrieu Snowe geous statement, and we all know a up that bill. Senate Democrats will not Specter Cochran Lautenberg statement like that has historic impor- stop our efforts to change our course in Collins Levin Stabenow tance. this war until either enough Repub- Conrad Lieberman Stevens Sununu The United States, under the 1948 licans join us to reject President Corker Lincoln Cornyn Lott Tester U.N. Convention on Genocide, is com- Bush’s failed policy or we get a new Thune Craig Lugar mitted to providing effective penalties President. Crapo Martinez Vitter In 1941, in an address at Harrow DeMint McCain Voinovich against the killers if it deems that School, Winston Churchill said: Dole McCaskill Warner genocide is taking place. We are com- Domenici McConnell Webb pelled to act. Yet sadly, we have done Never give in. Never give in. Never, never, never. . . . NAYS—14 precious little to change the situation to this point. My colleagues here in the Senate, Boxer Enzi Obama Burr Feingold Sanders It is true that Congress, the adminis- particularly my Republican colleagues, Clinton Kennedy Whitehouse tration, the private sector, and the should know this is precisely my atti- Coburn Kerry Wyden nonprofit community have taken some tude when it comes to bringing about a Dodd Leahy steps to increase the pressure on the change in course in the intractable NOT VOTING—6 Sudanese Government to stop the civil war in Iraq. Although I didn’t get Brownback Hatch Schumer killings and mass displacement of in- everything I sought in the bill before Coleman Johnson Thomas nocent people. That is at least a start. us, and that is an understatement, I The motion was agreed to. In Congress, Members have spoken out will not give up until the supporters of Mr. DURBIN. I move to reconsider against the killings. They have intro- the President’s failed policy accept the the vote and to lay that motion on the duced resolutions of condemnation, and realities on the ground in Iraq, until table. they have proposed legislation in an ef- they accept that the President’s plan is The motion to lay on the table was fort to do something. I have introduced not working, that this war must come agreed to. legislation that would support state to an end, and that it is time for our VOTE EXPLANATION governments which decide to encour- troops to come home in a safe and re- Mr. SCHUMER. Mr. President, I am age public funds to divest from Sudan- sponsible way. Paraphrasing the words of Winston entering this statement in the RECORD related investments. That bill has at- Churchill, when it comes to forcing the because I am attending my daughter’s tracted strong bipartisan cosponsor- President to change course in Iraq, graduation baccalaureate service in ship from over 25 Members of the Sen- Senate Democrats will never give in, New York. Had I been here I would ate. Some of us have tried to make the never give in, never, never, never. have voted in favor of the supplemental right personal decisions to divest from I ask for the yeas and nays. appropriations bill because I believe we Sudan-related investments in our own Mr. WARNER. I ask for the yeas and must fund the troops who are in harm’s savings as a gesture of solidarity with nays. way. However, I believe just as strong- the divestiture movement. But we have The PRESIDING OFFICER. Is there a ly that we must change our mission in to do so much more. sufficient second? Iraq away from policing a civil war and As for the Bush administration, the There is a sufficient second. toward a much more narrowly focused Office of Foreign Assets Control within The question is on agreeing to the goal of counterterrorism, which re- the Treasury Department, working motion. quires a much smaller number of with many agencies and departments,

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00247 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.139 S24MYPT1 bajohnson on PRODPC74 with SENATE S6824 CONGRESSIONAL RECORD — SENATE May 24, 2007 has worked hard to tighten economic I will introduce this bill when we re- prepared to propose. As you know, and political sanctions against the turn. I urge my colleagues to seriously there are three phases to the process leaders and supporters of the Sudanese consider it, and I hope they will join whereby the Sudanese have agreed to regime. President Bush spoke out at me. the implementation of ultimately the Holocaust Museum a few weeks I have recently written to President 21,000 troops made up of the African ago. He has vowed to keep pushing for Bush urging him to support the bill but Union as well as United Nations forces. change in Sudan. Yet the administra- also to take the next step. He promised He indicated he would have an answer tion must do more. 5 weeks ago to take action. His speech as to what he thought might be able to In the private sector, I was pleas- was at an auspicious location, the Hol- be done probably by the end of Memo- antly surprised to see that Fidelity re- ocaust Museum in Washington, DC, a rial Day. My point to him was similar cently decided to sell part of its stake museum which notes the terrible trag- to my friend from Illinois. If, in fact, in PetroChina, a company listed on to edy that befell 6 million people during the Sudanese Government refuses to the New York Stock Exchange, the World War II. The President said on allow, on the basis of their sovereignty, parent of which is a state-owned Chi- that day: the placement of U.N. forces on the nese oil company with massive oper- You who have survived evil know that the ground, that it violates their sov- ations in Sudan. Fidelity sold 91 per- only way to defeat it is to look it in the face ereignty. cent of its PetroChina holdings in the and not back down. It is evil we are now see- I indicated I believed—and others be- United States and even though that ing in Sudan—and we’re not going to back lieve as well—that the country forfeits only amounts to 38 percent of its global down. its sovereignty when it participates PetroChina holdings, this is nonethe- He went on to say: and engages in genocide and that we, less a positive sign. The divestiture No one who sees these pictures can doubt the United States, should push the Se- movement is under way. Other invest- that genocide is the only word for what is curity Council to implement the place- ment firms such as Calvert have gone a happening in Darfur and that we have a ment of those troops on the ground re- step further and promised to hold no moral obligation to stop it. gardless of what Khartoum says. Fur- shares of any firm that operates to the Those are the words of the President. ther, if they don’t, it is my view the benefit of the Government of Sudan. They are words worth repeating. The United States unilaterally should en- Yet the private sector must do more. President declared that the current ne- gage through a no-fly zone as well as Within the nonprofit community, or- gotiations between the U.N. Secretary the placement of 2,500 troops on the ganizations such as the Sudan Divest- General Ban Ki-moon and President ground to take out the Janjaweed. ment Task Force and the Genocide Bashir of Sudan are ‘‘the last chance’’ That is not a political settlement, but Intervention Network continue to for Sudan to do the following: Follow the point I made to the Secretary Gen- apply pressure to governments and to through on the deployment of U.N. sup- eral was, as we talk about the ultimate private firms to get them all to do port forces, allow the deployment of a problem, the need for a political settle- more to stop the genocide. Yet they full joint U.N.-African Union peace- ment, it is like talking about a patient too must do more. All of us must work keeping force, end support for the who has cancer and on the way to the together to do more in Congress, in the Janjaweed militia, reach out to rebel operating room falls off the gurney and private sector, among nonprofit organi- leaders, allow humanitarian aid to slits his jugular vein and is bleeding to zations and, yes, individuals and fami- reach the people of Darfur, stop his death. Everybody says: We have to lies concerned about this terrible situa- pattern of destruction once and for all. take care of the cancer. But they are tion. To that end, I am working with President Bush then declared that if going to bleed to death. I have been in those camps in Darfur, my colleagues in the Senate and House Bashir does not follow these steps, in a actually on the border of Darfur. I have and with the Bush administration, short time the Bush administration visited them in Chad. One camp with with private sector advisors, and with will take the following steps, in the 30,000 women and children in it, over the advocacy community to craft a President’s words: Tighten U.S. eco- 300,000 in that region, deteriorating new bill that will apply even more eco- nomic sanctions on Sudan, target sanc- rapidly. It is a human disaster. I hope nomic pressure on the Sudanese regime tions against individuals responsible for the violence, and prepare a strong if, in fact, the United Nations doesn’t and those who support it. act, the Senate will be prepared to act My bill, which I will introduce when new United Nations Security Council to support pushing the President to we return, is the Sudanese Disclosure resolution. Five weeks later, a short time has have the United States lead. and Enforcement Act. It would do the The point I am making is, I com- passed, and now it is time to act. In following: First, it expresses the sense pliment my friend for continuing to these 5 weeks, President Bashir has ig- of the Congress that the international keep this in the consciousness of our nored the world. In fact, a spokes- community should continue to bring colleagues and the public. pressure against the Government of person for the Secretary General of the Sudan in order to convince that regime United Nations has called recently re- f that the world will not allow this crisis newed bombing in Sudan indiscrimi- IRAQ to continue unabated. nate and a violation of international Mr. BIDEN. But, Mr. President, the Second, it requires more detailed law. While we wait, while we ponder, reason I rise today is to speak because SEC disclosures by U.S.-listed compa- while we think, while we work, while there was not time for me to speak on nies that operate in the Sudanese pe- we vacation, innocent people die, vic- the supplemental we just voted for. troleum sector, in order to provide tims of a genocide. How will history Earlier this month, Congress sent the more information to investors that are judge us? Will it judge us for having ac- President an emergency spending bill considering divestiture. knowledged this genocide and respond- for Iraq. It provided the President with Third, it increases civil and criminal ing, or will it judge us for having ac- every single dollar our troops needed penalties for violating American eco- knowledged this terrible tragedy and and the President requested, and then nomic sanctions in order to create a responded with nothing? some. true deterrent. It is time to act. We must do more. It also provided the American people Fourth, it requires the administra- This is simply too important and too a plan to bring this war to a respon- tion to report on the effectiveness of historic to ignore any longer. sible end, including the language Sen- the current sanctions regime and rec- I yield the floor. ator LEVIN and I wrote, which required ommend other steps Congress can take The PRESIDING OFFICER. The Sen- to start to bring American troops home to help end the crisis. ator from Delaware. within 120 days, have the bulk of our Fifth, it authorizes greater resources Mr. BIDEN. Mr. President, I com- combat troops out of Iraq by March—it for the Office of Foreign Assets Control pliment my friend from Illinois. He turned out to be April 1 of 2008, and to, within the Department of Treasury to might be interested to know I met with most importantly, limit the mission of strengthen its capabilities in tracking the Secretary General of the United the smaller number that would remain Sudanese economic activity and pur- Nations on Monday in his office. I indi- to fighting al-Qaida and training Iraqi suing sanctions violators. cated I wanted to know what he was troops.

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00248 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.141 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6825 In vetoing that bill, the President de- Under anyone’s plan for Iraq—even President, the carnage and chaos and nied our troops funding they needed those who advocate pulling every sin- stupidity in the conduct of this war is and the American people the plan they gle troop out of the country tomor- likely to continue. So I believe with want. When the President did that, I row—there is a reality: It would take every funding bill, we are going to have urged, like others, that we send the bill months to get them out. In the mean- to come back at every juncture and re- back to him again and again and again. time, our troops are riding around in quire people to vote time and again But the hard reality is, we found out humvees that are responsible for these against the will of American people in we did not have the 53 votes we had the roadside bombs: 70 percent—70 per- order to change the attitude of my col- first time, that we did not have even 50 cent—70 percent—of the deaths and 70 leagues on the Republican side. That is votes, that we would not be able to percent of the casualties. the reality. That is the reality that send it back. And ultimately, even if As long as there is a single soldier will bring this war to an end. we had the 50 votes, we probably did there, I believe we have an obligation, Like the most distinguished Member not have 60 votes to stop a filibuster. and speaking for myself, I will do ev- who serves in this body, the Senator We clearly do not have 67 votes to over- erything to make sure he or she has from West Virginia, I was here during come another veto. We do not have the best protection this country can the Vietnam war, at the end. We all those votes either. provide. That is my reality. talk about how we cut off funds. We did I do not like the bill we just voted Third, I am prepared to cut funding not cut off funds until the vast major- on, the one I voted for. It denies the to get our troops out of the sectarian ity of the troops were already out. We American people a plan for a respon- civil war in Iraq and to start bringing did not cut off funds until 1975. The re- sible way out of Iraq. It would also most of them home, while limiting the ality was—the reality was—we did not start to cut off funds for the Iraqis if mission of those who remain. That is do it. It is an incredibly blunt instru- the benchmarks are not met. What a why I voted for the Reid-Feingold ment. silly idea. That would be self-defeating. amendment last week. But I am not So I would have felt better, I would We are trying to build the Iraqi Army prepared to vote for anything that cuts have had less to explain, and it would so we can get out of harm’s way, and off 100 percent of the funding for all have been easier, because I have been we are going to tell the Iraqis, who troops in Iraq because everyone in this such a persistent critic, I think most of have no possibility of getting them- room knows there is going to be a re- my colleagues will acknowledge, for selves together, if they do not, we are quirement—no matter what happens— the 41⁄2 years of this war, to vote to cut going to stop training them. to leave some troops in Iraq for a off the funding. But as we head into the I would like nothing better than to while. Memorial Day recess, I want to remind have voted against this bill, but I think So what are we going to do? Cut my colleagues it is clearly time for us we have to deal with the reality. The funding off for them to satisfy what is to do our part as well to support our reality is, first, for now, those of us a very difficult—difficult—thing to ex- troops. who want to change course in Iraq do plain to the vast majority of the Amer- We in the Senate, and our colleagues not have the 67 votes to override a ican people who do not understand why in the House, and the military leader- Presidential veto. As long as the Presi- we are not out of this war? We can and ship, the President, and the American dent refuses to budge, the only way we we must get most of our troops out by people have an overriding, overarching can force him to change his policy in early next year. But we still need a moral obligation to provide our forces, Iraq is with 67 votes. much smaller number. That is my re- who are in the middle of a war, with Well, we have 49 Democrats and one ality as well. the full weight of this Nation’s produc- Independent on our side. We need to I know this supplemental bill is a bit- bring 17 Republicans along all the way ter pill to swallow for so many Ameri- tive capacity, and all that is humanly to our thinking, to the way a strong cans who believe, as I do, this war must possible, as we send citizens to war, to majority of the American people are end. I must tell you, in my present pur- protect them. We have not done that. thinking. We are making progress, but suit, it is not a smart vote for me to This administration has not done that we are not there yet. So it is nice to make because it requires explanation. and has not asked for the money to do talk about taking a stand on this, but But I do not believe people fully under- that. But we have to, and we must. We we do not have the votes, though. We stand how it is that the people voted in must speak to one specific situation do not have the votes yet to turn our the Democratic Party in November of which I fear, if I do not raise today and rhetoric into reality. That is the re- last year, in large part to end this war, every day—as I have in the last 3 ality. but we have not been able to do so yet. weeks—it will not come to pass, it may Secondly, I believe as long as we have Well, like it or not, we have a system not get done. It goes back to why I felt troops on the front lines, it is our that protects the rights of the minor- I had to vote for this funding. shared responsibility to give them the ity and puts the burden on the major- The issue is these mine-resistant ve- equipment and protection they need. ity in order to have its way. It also cre- hicles, but it is bigger than that. The The President may be prepared to play ates a balance of power between the issue is giving the men and women on a game of political chicken with the President and the Congress. That is the front lines a dramatically better well-being of our troops, but I am not, why it takes 60 votes in the Senate— chance to survive. It is totally, com- and I will not. not 51—to get something done if the pletely within our power to do that. We For example, if we do not get the minority is determined not to have it have the technology to do that. We money this bill provides into the pipe- done. That is why it takes 67 votes in have the capacity to do that. We have line right now, we are not going to our Constitution to override a Presi- the money to do that. We need only the have a chance to build and field the dent’s veto. That is a reality. Not my will to do that. mine-resistant vehicles that are being reality—that is a constitutional re- We have proven technically that our so dearly sought after by the Marine ality. technology can, in fact, meet this glar- Corps and the rest of the services, and So where do those of us who are de- ing deficiency that is killing so many that I have been fighting for. If we termined to end this war go from here? of our troops. When I say proven, I build these mine-resistant vehicles, the Well, day after day, vote after vote, we mean it. Let me be specific. facts show we can cut the deaths and must, and we will, work to keep pres- At the Aberdeen Proving Center, casualties on the American side as a sure on the Republicans to stop reflex- those folks have been working 24 hours consequence of these bombings by two- ively backing the President and start a day, 7 days a week, for the past 3 thirds. supporting a responsible path out of months to fully test every design and We just voted earlier on this bill—be- Iraq—make them vote against it again variation of the so-called MRAPs, cause we were going to drag out for 2 and again because, quite frankly, I do mine-resistant ambush-protected vehi- years the construction of these vehi- not expect to change the President’s cles, vehicles that are out there. By cles. In 2 years, another 2,000 people mind. But I believe we can change the next week, I am told, they will have could die. They need to begin to be mind of 17 Republicans. concrete test data that will back up built now, and they all must be built Until that day comes—until that day the purchasing decision the military by the end of this year. comes—as long as this President is will have to make.

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00249 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.146 S24MYPT1 bajohnson on PRODPC74 with SENATE S6826 CONGRESSIONAL RECORD — SENATE May 24, 2007 We already know these mine-resist- tion to build as many of these vehicles Loved and were loved, and now we lie ant vehicles give four to five times as rapidly as possible and get them to In Flanders fields. more protection than uparmored the field as soon as possible—even if we Take up our quarrel with the foe: HMMWVs. We already know the cas- are pulling out every single troop in To you from failing hands we throw ualty and death rate will go down by January. Between now and January, we The torch; be yours to hold it high. two-thirds if we have these mine-resist- have an obligation to save lives. It is If ye break faith with us who die We shall not sleep, though poppies grow ant vehicles, which means we know we within our capability and within our In Flanders fields. should be doing everything possible, as power to do so. John McCrae, who wrote ‘‘In Flan- rapidly as possible, because every day One more thing I would bring to the ders Fields,’’ was a Canadian physician. we waste one more life is in jeopardy. attention of my colleagues. I also He fought on the western front in 1914 We can save two-thirds of the lives learned today—and we will soon find before he was transferred to the med- being lost there—3,400 dead plus, and out—I learned today they have also de- ical corps and assigned to a hospital in almost 24,000 severely wounded. veloped, out at the Aberdeen Proving France. He died of pneumonia while on But why did these amazing test ef- Center, the capacity to be able to active duty in 1918, and his volume of forts only begin to happen this year? thwart the ability of these things poetry was published in 1919. Why are we only now starting to build called EFPs, explosively formed This Monday, in veterans cemeteries these mine-resistant vehicles? And why penetrators. That is going to cost a lot around the Nation, flags will be placed, are we building them in such small of money. I hope I do not hear from tenderly placed—tenderly placed—be- quantities? anyone on this floor or anyone in the fore gravestones that carefully and We learned this week the Marine Congress that, notwithstanding the simply mark the thousands of enlisted commanders in Iraq in February of fact we now have the technology, we men and officers, soldiers, sailors, air- 2005—February of 2005—realized they are going to wait down the road be- men and marines who, like John needed these vehicles that have a V- cause it costs too much money to do it McCrae, did not come home to ticker shaped hull. They are designed specifi- now or it will take too much time, and tape parades but, rather, to slow cais- cally to defeat what everybody in we may have to leave—as one military sons trailed by weeping families, final America, unfortunately, has come to man said to me: We don’t want to build gunfire salutes, and the haunting melo- know about: IED, improvised explosive all these. We are eventually going to be dies of ‘‘Taps’’ played by a lone bugler. devices. They are the roadside bombs coming home. We will have to leave Some of those graves will be lush with and mines that we know cause 70 per- them behind. That is a little like sod, and the final dates will bring back cent of all the casualties and deaths. Franklin Roosevelt saying, when asked great battles in the campaigns from Now, in February of 2005, the first to build landing craft for the invasion the Pacific, Africa, or Europe. Other characteristic these commanders asked of D–Day: We don’t want to build too graves will still be raw Earth, with for—and I am quoting from the state- many of these, it costs too much dates on the headstones that mark the ment they sent to the Pentagon called money, because we are going to have to ambushes and improvised explosive de- a Universal Needs Statement—they leave some behind. vices of modern urban insurgent war- said: We need a vehicle to ‘‘protect the I say to my colleagues and to the dis- fare. But on this day, none—none—will crew from IED/mine threat through in- tinguished Senator from West Virginia, be forgotten, and all will be honored tegrated V-shaped monocoque hull de- Secretary Gates ended his press con- for their sacrifice, whatever their rank, signed specifically to disperse explosive ference today by saying there were whatever their service, and whatever blasts and fragmentary effects.’’ competing interests for dollars. That their last proud moment. The red of The PRESIDING OFFICER. The Sen- may be true. But when it comes to the the poppies and the red stripes in the ator has used his 10 minutes. life of an American soldier we know— flags recall the red badge of their cour- Mr. BIDEN. Mr. President, I ask we know—we know for a fact we can age. unanimous consent that I may be able protect, there is no other competing in- The current conflicts in Afghanistan to proceed for 3 more minutes. terest. There is no other competing in- and Iraq have also given rise to some The PRESIDING OFFICER. Without terest. Competing interests may exist, new ways to remember and honor the objection, it is so ordered. but there is only one interest, and that fallen. On the Internet, each soldier Mr. BIDEN. The bottom line, in sim- is as this foolish war continues under lost in Iraq has his or her name, his or ple English, for nonphysicists is, no this President, our sons and daughters her picture, and the date and the place matter how much you reinforce a flat- are being killed, and we have the ca- of their death listed on a number of bottomed vehicle, when a bomb goes pacity right now to begin to build vehi- Web sites, including those hosted by off under the vehicle, it either pene- cles that will diminish by two-thirds several newspapers. A traveling exhibit trates the vehicle or penetrates the ve- the casualty rate. There are no other of 1,319 portraits lets ‘‘America’s Art- hicle, bounces back, and comes back up competing interests. ists Honor America’s Heroes’’ through off the ground again. So I am going to continue to talk their own talents—through their own With these V-shaped vehicles, what about this, I say to my colleagues, and talents. When the exhibit is over, those happens is, when the blast goes off— I hope once we get the final call from portraits will be given to the soldier’s other than the very point of the V—it the Pentagon, no one here on this floor family. In these ways, each of us can takes the blast and, instead of it will rise to tell me we can’t afford to put a face to these statistics. We can bouncing back on the ground and do this. see the faces, young and old, just as bouncing back up, it shoots it off to I thank my colleague from West Vir- their families remember them. the side, thereby increasing by two- ginia for his extreme courtesy, as al- The Senate this week has also re- thirds the likelihood of survival. ways. membered those who have fallen and No one should give us any of the ma- I yield the floor. those still in harm’s way in Afghani- larkey I have heard from some in the The PRESIDING OFFICER. The stan and Iraq. The Appropriations military and the administration about President pro tempore is recognized. Committee has finalized the emergency how any uparmored humvee might supplemental bill to fund the oper- have satisfied the need. The bottom f ations of the military and provide more line is, they cannot do what these V- MEMORIAL DAY protective gear and technology to our shaped vehicles can do. Mr. BYRD. Mr. President, I thank troops in the field. I hope that this Now, not only have these mine-re- the Chair. time the President, our President, will sistant vehicles been fully tested at sign the bill and speed those funds to In Flanders fields the poppies blow Aberdeen, but our allies have been Between the crosses, row on row the troops. Also this week, the Senate using similar technologies for years. That mark our place; and in the sky Armed Services Committee is marking We are going to get down to the bot- The larks, still bravely singing, fly up the fiscal year 2008 Defense author- tom of what happened in 2005. But for Scarce heard amid the guns below. ization bill. This bill too will look after now, let me get right to the chase. We We are the Dead. Short days ago all of our Active-Duty, Guard and Re- have an overwhelming moral obliga- We lived, felt dawn, saw sunset glow, serve forces that face the prospect of

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Over 60 were from Ken- fense authorization bill will continue and get the vast majority of our com- tucky. the work of ensuring that the wounded bat troops out of Iraq early next year, Our country must honor those who from these conflicts receive the best consistent with the Biden-Levin provi- died in the line of duty as well as their care and support as they recover from sion that was in the bill the President families. The debt we owe them can their injuries. vetoed. never be repaid. I have had the honor of In 430 BC, after the first year of the Our troops cannot end the sectarian meeting many of the families of these Peloponnesian War, the Greek histo- war. Mr. President, 500,000 American servicemembers, and I have told them rian Thucydides recorded the funeral troops will not end the sectarian war. their loved ones did not die in vain. oration delivered by Pericles, the great What is required is a political solution, Many who fought in the war on ter- Greek general. Thucydides records that even as we continue to take on al- ror live to tell their stories, and I re- Pericles did not speak of the battles Qaida, which is a growing but not the cently heard one I had like to share in- but, rather, of the glories—the glo- primary problem in Iraq. volving soldiers from Fort Campbell, ries—of Athens and what a privilege it The President continues to bank on a KY. Four soldiers of the 1st Battalion, was—what a privilege it was—for each farfetched hope. His hope is well-in- 506th Infantry Regiment, 101st Air- Athenian to live in such a perfect tended, but it is farfetched that the borne Division lived up to the warrior place. Pericles said that the sacrifice of Iraqis will rally behind a strong demo- ethos of never leaving a fallen or those fallen in battle to keep the na- cratic central government in Baghdad. wounded comrade behind. tion strong left them with the: But there is no trust within the Gov- The city of Ramadi, Iraq, has seen Noblest of all tombs—the noblest of all ernment in Baghdad. There is no trust some of the worst battles between coa- tombs, I speak not of that in which their re- of the Government in Baghdad by the lition forces and the terrorists. One mains are laid, but of that in which their Iraqi people. And there is no capacity night in March 2006, SGT Jeremy glory survives. by that Government in Baghdad to de- Wilzcek, SGT Michael Row, PFC Jose Pericles felt there could be no better liver either services or security. Alvarez and PFC Gregory Pushkin, place to live than Athens and no place Instead, the President should throw among others, made their way through more deserving of a soldier’s sacrifice. his full weight—the full weight of his the city’s narrow alleys back to base. Almost 2,500 years later, I feel con- office—behind the solution based upon Suddenly Sergeant Row saw two fig- fident that every soldier, sailor, air- federalism in Iraq, allowing the Iraqis ures run into a house. Immediately man, and marine who has fought and to have control over the fabric of their suspicious, he stopped the team in its died in Afghanistan and Iraq probably daily lives, helping them bring into re- tracks just as machine-gun and small- felt the same way—yes—about the ality the Iraqi Constitution, where ar- arms fire and grenades erupted on the United States. ticle 1 says: We are a decentralized fed- street in front of them. The soldiers They were proud to be in uniform and eral system. We should not impose took cover and returned fire. ready to serve the Nation that they this. We do not need to. It is already in Private First Class Alvarez noticed a loved and held in such high regard. The the Iraqi Constitution. fellow soldier had been hit and was Nation will ever mourn their loss and The President should call for a U.N. lying in the middle of the storm of bul- honor their sacrifice. summit to get the world’s major pow- lets. Without thinking twice, he ran f ers and Iraq’s neighbors to push for a into the line of fire and threw himself political agreement. It is not an answer over his comrade. But he was too late. IRAQ to put up a straw man and say we re- The soldier was dead. Mr. BIDEN. Mr. President, the Presi- main there because of al-Qaida. What is Private First Class Alvarez kept fir- dent of the United States has recently an answer is to call for the permanent ing until he had unloaded his weapon stated that we are remaining in Iraq in five of the United Nations to call for a at the enemy, and then stood up and order to defeat al-Qaida—a summary of regional conference; make Iraq the began to carry the soldier’s body to a a statement he made yesterday. Well, I world’s problem. I met with the Secu- safe area. Sergeant Row provided cover wish to briefly state what I think the rity Council permanent four, with us fire, while Sergeant Wilzcek and Pri- facts are. being the fifth, in New York on Mon- vate First Class Pushkin ran into the Iraq has become a Bush-fulfilling day. It is like pushing an open door. firefight to help Private First Class Al- prophecy. Al-Qaida was not there be- They are ready to respond to the Presi- varez carry their colleague. fore the war, and it is there now. It is dent’s request to do that. This is do- The three soldiers were nearing cover a problem, but it is not the primary able. This is necessary. The President when two rocket-propelled grenades ex- problem. In my view, the President of should begin to focus on the facts, not ploded yards away from them, knock- the United States is inadvertently the fiction of al-Qaida being our ration- ing all three down and slicing Private handing al-Qaida a propaganda victory ale for being there. First Class Alvarez’s knee with shrap- here by vastly exaggerating its role in I will end where I began. Al-Qaida’s nel. But the three continued, finally Iraq. presence in Iraq has become a Bush-ful- reaching a safe area out of the path of The sectarian war—the war between filling prophecy. They were not there bullets. Sunnis and Shias, Sunnis and Shias before. They are there now. But they Sergeant Wilzcek and Private First killing each other—is the core prob- are not the primary problem. It is the Class Pushkin then ran back into the lem, and our troops are caught in the vicious cycle of sectarian violence. It enemy’s kill zone several times, res- middle of that war. New statistics from must end. cuing more trapped soldiers. Sergeant Iraq make it absolutely clear that sec- f Row continued to lay down cover fire, tarian violence is getting worse and even though the same explosion that now exceeds the levels immediately MEMORIAL DAY TRIBUTE injured Private First Class Alvarez’s prior to the surging of American forces Mr. MCCONNELL. Mr. President, knee had buried shrapnel deep in his over a month ago. nearly 6 years after the worst terrorist elbow. Finally, every soldier made it to The focus of the President of the attacks in American history, we have a safe area. United States on al-Qaida and Iraq, yet to be hit again on our soil. No one They were out of immediate danger. ironically, supports exactly what I would have thought this possible im- But gunfire all around them made clear have been arguing for. We need to dra- mediately after the 9/11 attacks. But it the terrorists were still out to kill. matically limit the mission of U.S. is true because America is on offense in Sergeant Wilzcek, Sergeant Row and troops in Iraq, getting them out of the the war on terror. Private First Class Pushkin made their middle of this sectarian civil war and Memorial Day is a time to reflect on way to the roof of a building, and with refocusing their mission, which should the brave men and women of the the advantage of the high ground, suc- be battling al-Qaida from occupying Armed Forces who have made that cessfully killed, captured or drove off

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With a far-reaching litany geant Row was awarded the Bronze Today our great Nation steps further of accomplishments too numerous to Star for Valor. into the fifth year of our current con- mention, it comes as little surprise Their acts of heroism rank them flict in Iraq, and our sixth year in Af- that the Alaska State Legislature— among the finest America has to offer. ghanistan. As we ponder how best to where he served as House majority But what I find most amazing is that honor those who have died in these leader in only his second term in the they are everyday people who could be conflicts and in all prior wars, we can mid-1960s would name him at the mil- your neighbor, coworker or relative. look to our history to find words and lennium, the Alaskan of the Century. And we have thousands more brave actions to guide us. Just as Lincoln’s The people of my State of Maine are Americans in uniform all willing to do Gettysburg Address turned sentiment especially grateful to Senator STEVENS the same. into prose, Miss Michael turned it into for his landmark legislation that bears So this Memorial Day, remember the poetry, and then into action. For our- his name—the Magnuson-Stevens Fish- courage of our servicemen and women, selves, we can look at the sacrifices of ery Conservation and Management Act performing extraordinary feats just those who have served and then look our Nation’s indispensable fisheries like the men of Fort Campbell. Re- act, which was reauthorized this past within ourselves to honor them with member the sacrifice of those who January and signed into law. First as our lives. don’t make it back home. As long as For myself, I pledge my continued the chair, and now the ranking member on the Senate Committee on Com- America has fighters of such spirit, we best effort to make certain that those can never be defeated on the battle- merce, Science, and Transportation who serve receive the thanks and the field. subcommittee handling fisheries benefits and services they earned by Mr. AKAKA. Mr. President, we are issues, I had the pleasure of working their service and for those who gave approaching Memorial Day, a time to with full committee chairman and now their all, that their survivors are like- honor those servicemembers who gave ranking member STEVENS throughout wise given all they need. their very lives—what Abraham Lin- the process to help bring this bill to coln described as ‘‘the last full measure f fruition. From the 300 year-old fishing of devotion.’’ When Lincoln spoke TRIBUTE TO SENATOR TED villages in downeast Maine to remote those words, he was dedicating a mod- STEVENS Aleutian Island outposts, Senator STE- est ‘‘soldiers cemetery’’ in a Pennsyl- Ms. SNOWE. Mr. President, I rise VENS has always been bound by a com- vania town called Gettysburg. Today today to honor one of the true stal- mitment to sustain both fish and fish- Gettysburg and the address Lincoln warts of this institution an indefati- ermen. gave there hold a special place in our Through many Congresses, as both a gable legislator, a tireless advocate for national memory. In fewer than 300 chairman and ranking member, Sen- his home State of Alaska, a public words, President Lincoln delivered one ator STEVENS has spearheaded and done servant with a lifetime of contribution, of the most famous speeches in the his- much to shepherd improvements in the and a treasured leader of this venerable tory of this great Republic. largely uncharted world of tele- Chamber, Senator TED STEVENS who, In that speech, Lincoln said what was communications policy that have been known: that it is good and right to this past April 13, 2007, became the historic and consequential, and which dedicate a place to honor the brave longest-serving Republican member of will reverberate for generations. On a servicemembers who rest beneath it. the U.S. Senate. Our good friend and personal note, I want to express my But more importantly, he put into colleague has received countless, well- debt of enormous thanks to Senator deserved accolades for a tremendous words what was felt: that the best way STEVENS for his pivotal support in his to honor the dead is to remember their milestone indeed. Universal Service Fund Reform bill of sacrifices, and dedicate our lives to the It is fitting that we pay tribute to an the E-rate program which provides dis- Nation for which they gave their lives. esteemed lawmaker whose ongoing leg- counted telecommunications services acy and longstanding record of accom- What we now call Memorial Day was to schools and libraries. Senator STE- plishment over a remarkable span of begun in the aftermath of that war, VENS has been a bulwark catalyst on with two dozen cities and towns across nearly 39 years of service in the U.S. this initiative, and, as we recently the United States laying claim to being Senate stand as a testament to the commemorated the 10th anniversary the birthplace of what was then called courage, vigor, and sense of duty he since its inception, I couldn’t help but Decoration Day. Generations later, feels toward this country and the recall with gratitude his crucial role in America paused in the aftermath of issues and policies shaping it. TED is a the wiring schools in my State and World War I, a massive conflict that in- force of nature, steadfast and resolute, across the country. spired the poem, ‘‘In Flanders Field,’’ in this time-honored body and in our It must also be noted that in an era about the lives the war took and the nation’s capital. His constituents of increasing partisanship, Senator bond between the living and the dead. wouldn’t have him any other way, and STEVENS shares an unassailable bond That poem roused the convictions of an we wouldn’t either. with the senior Senator from Hawaii, a American teacher named Moina Mi- His legacy of achievement on behalf Democrat, Daniel Inouye a friendship, chael, who clung to the image of the of Alaskans is as large as the State profoundly steeped in their mutual, he- red poppies in Flanders Field, which they call home, and began even before roic tours of duty in World War II, grew above the graves of World War I he entered politics when he first moved which continues to this day as a model servicemembers. Miss Michael vowed to Washington, DC, to join the Eisen- example of collegiality, bipartisanship, to ‘‘keep the faith’’ with those who had hower administration. While working and comity that transcends politics. died and to wear a red poppy as a sign for the Secretary of the Interior, he This decorated Army Air Forces pilot of that pledge. She recorded her com- was not only present at Alaska’s cre- in the storied ‘‘Flying Tigers,’’ whose mitment in a poem she called ‘‘We ation as a State in 1959, but was also immense devotion to this land and its Shall Keep the Faith,’’ which reads, in instrumental in helping advocate for people extends across six decades, is part: statehood. As a U.S. Senator, he was not one to move to the side or step We Cherish, too, the poppy red, essential in championing the develop- away when he is fighting for what he That grows on fields where valor led; ment of the Alaskan pipeline which believes in or on behalf of his State or It seems to signal to the skies was critical to his state and to the en- in defense of his country. That speaks That blood of heroes never dies ergy future of the country. He success- volumes in explaining Senator STE- Miss Michael spent the rest of her fully advanced Alaska’s infrastructure VENS’ well-known trademark as he pre- life raising money for veterans and sur- and transportation capabilities, espe- pares to debate on the Senate floor and

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00252 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.019 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6829 he dons his infamous tie emblazoned sponses to their FOIA requests and im- American Booksellers Foundation for Free with the Marvel comic book character, proving transparency in the Federal Expression The Incredible Hulk! Government’s FOIA process. During American Civil Liberties Union (ACLU) With hallmark humor, strength, and the recent hearing that the Judiciary American Families United American Library Association aplomb, how could he approach his ro- Committee held on this legislation, we Animal Welfare Institute bust role any differently—a man whose learned that, although FOIA remains ASPCA larger-than-life tenure in the public an indispensable tool in shedding light Assassination Archives and Research Cen- arena reflects the enormity of his stun- on bad policies and government abuses, ter ning and beloved Alaska, a State with this open government law is being Association of American Publishers a name that means literally ‘‘the ob- hampered by excessive delays and lax Bill of Rights Defense Committee ject towards which the action of the FOIA compliance. Today, Americans Biodiversity Conservation Alliance Blancett Ranches, Aztec, NM sea is directed.’’ For more than half who seek information under FOIA re- main less likely to obtain it than dur- Californians Aware century, the action of the sea of public Californians for Western Wilderness policy has always found its way to this ing any other time in FOIA’s 40-year Center for Democracy and Technology great American and still does because history. This bill would help to reverse Center for Energy Research he welcomes it, thrives on it, and seizes this trend and to restore the public’s Center for National Security Studies upon it in the name of The Last Fron- trust in their government. Citizen Action New Mexico tier State and to the benefit of our Na- Senator CORNYN and I both know Citizens for Responsibility and Ethics in tion. that open government is not a Demo- Washington (CREW) cratic issue or a Republican issue. It is Common Cause f an American issue. It is in this spirit Community Recovery Services OPEN GOVERNMENT ACT that I urge the removal of the anony- Conservation Congress Doctors for Open Government Mr. LEAHY. Mr. President, I am mous hold placed on this bill. I also DownsizeDC.org, Inc. deeply disappointed that the Senate urge all Members of the Senate to join The E-Accountability may not consider the Openness Pro- me in supporting this important open Foundation/Parentadvocates.org motes Effectiveness in our National government legislation. Electronic Frontier Foundation Government Act,’’ the OPEN Govern- We have received numerous letters of Environmental Defense Institute support from such organizations as the Environmental Integrity Project ment Act, S. 849, before it adjourns for Ethics in Government Group the Memorial Day recess. The Judici- American Library Association, the Na- tional Press Club, Pubic Citizen, Sun- Fernald Residents for Environmental Safe- ary Committee favorably reported this ty & Health, Inc. bipartisan bill. We have filed a com- shine in Government Initiative and Florida First Amendment Foundation mittee report on this important legis- OpenTheGovernment.org. I ask unani- Forest Guardians lation. Regrettably, an anonymous Re- mous consent that a letter in support Friends Committee on National Legisla- publican hold is stalling this important sent to the majority and Republican tion Freedom of Information Act, FOIA, leaders of the Senate and endorsed by Friends of Animals Friends of the Wild Swan legislation, needlessly delaying long- more than 100 organizations from across the political spectrum be print- Georgia ForestWatch overdue reforms to strengthen FOIA Georgians for Open Government ed in the RECORD. and to protect the public’s right to There being no objection, the mate- Government Accountability Project Great Basin Mine Watch know. rial was ordered to be printed in the It is both unfortunate and ironic that Gun Owners of America Record, as follows: this bipartisan bill, which promotes HALT, Inc MAY 17, 2007. sunshine and openness in our govern- The Health Integrity Project Hon. HARRY REID, HEAL Utah ment, is being hindered by a secret and Hart Senate Office Building, The Humane Society of the United States anonymous hold. This is a good govern- Washington, DC. Idaho Sporting Congress, Inc. ment bill that Democrats and Repub- Hon. MITCH MCCONNELL Indiana Coalition for Open Government licans alike, can and should work to- Russell Senate Office Building, The James Madison Project gether to enact. I hope that the Sen- Washington, DC. Law Librarian Association of Greater New DEAR SENATOR REID AND SENATOR MCCON- ator placing the secret hold on this bill York NELL: We write on behalf of the undersigned Law Librarians Association of Wisconsin will come forward, so that we can re- group of 100 business, public interest, and solve any legitimate concerns, and the League of Women Voters of the U.S. historical groups and associations to endorse Liberty Coalition full Senate can promptly act on this the OPEN Government Act of 2007 (S. 849), as Los Alamos Study Group legislation. introduced by Senator Patrick Leahy and Maine Association of Broadcasters The OPEN Government Act is co- Senator John Cornyn. Mine Safety and Health News sponsored by 10 Senators from both The Freedom of Information Act (FOIA) is The Multiracial Activist the public’s most significant tool for ensur- sides of the aisle. This bill is also en- National Coalition Against Censorship ing integrity and accountability from the National Freedom ofInformation Coalition dorsed by more than 100 business, pub- federal government. Unfortunately, FOIA’s lic interest, and news organizations National Security Archive promise of ensuring an open and accountable National Taxpayers Union from across the political and ideolog- government has been seriously undermined National Treasury Employees Union ical spectrum, including, the American by the excessive processing delays that FOIA National WhistIeblower Center Library Association, Conservation Con- requesters face across the government. The Natural Resources Defense Council gress, the Liberty Coalition, OPEN Government Act would: Close loop- The New Grady Coalition OpenTheGovernment.org, the Sunshine holes in FOIA; Help the public get timely re- No FEAR Coalition sponses to FOIA requests; and Improve agen- Northern California Association of Law Li- in Government Initiative, the Repub- cy accountability and require better man- braries lican Liberty Caucus and Public Cit- agement of FOIA programs. izen. The public’s confidence in the executive Northwest Environmental Advocates Nuclear Watch New Mexico I thank all of the cosponsors of this branch has reached a dramatic low point. The OPEN Government Act of 2007 would Okanogan Highlands Bottling Company bill and commend Senator CORNYN as OMB Watch our lead Republican sponsor. I also demonstrate bipartisan congressional leader- ship to restore public faith in government Open Society Policy Center thank the many open government or- and to advance the ideals of openness that OpenTheGovernment.org ganizations that are working tirelessly our democracy embodies. The Senate Judici- Oregon Natural Desert Association to encourage the Congress to enact this ary Committee has reported favorably upon Oregon Peace Works bill this year. This measure is cleared the bill without any amendments. We urge Owner-Operator Independent Drivers Asso- for passage on the Democratic side. It you to support this legislation and help it ciation, Inc. move quickly to the Senate floor for a vote. People For the American Way should be passed without further delay. Project On Government Oversight The OPEN Government Act promotes Sincerely, Alliance for Justice Public Citizen and enhances public disclosure of gov- America Association of Law Libraries ReadtheBill.org Education Fund ernment information under FOIA, by American Association of Small Property Republican Liberty Caucus helping Americans to obtain timely re- Owners Reynolds, Motl & Sherwood, PLLP

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00253 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.059 S24MYPT1 bajohnson on PRODPC74 with SENATE S6830 CONGRESSIONAL RECORD — SENATE May 24, 2007 The Rutherford Institute population. The Federal budget has de- AGING REPORT Sagebrush Sea Campaign clined from a surplus of $236 billion in Mr. SMITH. Mr. President, it is my Semmelweis Society International 2000 to a deficit of $248 billion last year, Snake River Alliance pleasure to present to the Senate re- while the national debt has grown from Society of American Archivists port No. 110–71, titled ‘‘Economic De- $5.6 trillion to $8.8 trillion. Over the Society of Professional Journalists velopments in Aging,’’ as compiled by same period, real median household in- Southern California Association of Law Li- the Senate Special Committee on come in our country has fallen by near- braries Aging for the 109th Congress. The Spe- Southwest Research and Information Cen- ly $1,300. cial Committee on Aging is required to ter Within the context of fiscal responsi- The Student Health Integrity Project report to the Senate at least once a bility, the budget adopted last week Congress on findings from the work Tax Analysts puts in place a framework for restoring Tri-Valley CAREs (Communities Against a done by the committee. This report Radioactive Environment) the investments necessary for broad- contains valuable insight uncovered by Union of Concerned Scientists based economic growth and a return to the committee over the past 10 years VA Whistleblowers Coalition budget surpluses. Rather than leaving on the subject of the economics of re- Western Environmental Law Center middle-class families behind, it focuses tirement. Western Lands Project Western Resource on strengthening the middle class—the Advocates backbone of our economy. The Aging Committee has a long and distinguished history of investigating The Wilderness Society This begins with promoting an agen- Wild Wilderness and debating issues of importance to da of innovation and entrepreneurship. Wilderness Workshop. America’s aging population. Along The President’s budget this year—for with robust deliberations on retire- f the second consecutive year—proposed ment security, the committee also has THE BUDGET the largest cut to education in the his- initiated discussions on ways to tory of the Department of Education, Mr. DODD. Mr. President, last week strengthen Medicare and Medicaid, and along with cuts to research and devel- the Senate and House of Representa- to expose companies that prey upon opment and technology transfer. It tives voted to adopt a budget resolu- seniors using fraudulent marketing would be hard to find a worse idea than tion for the upcoming fiscal year. I was scams. I was proud to serve as chair- to cut the investments that allow our proud to support this budget, which, in man of this committee in the 109th children to fulfill their maximum po- my view, represents an important first Congress, when we began the process of tential and drive our nation’s economic step towards returning our nation to a compiling this report, and am pleased growth now and in the future. This healthy and strong fiscal and economic to continue my service as ranking budget rejects the president’s cuts, pro- course. Like the budget of any family member of the committee in the 110th viding an additional $6.3 billion for or business, the federal budget provides Congress. a framework for responsibly meeting education from preschool to graduate school. As I have said numerous times The Aging Committee is tasked with our nation’s most important priorities a significant challenge to ensure that while ensuring that we are living with- before, we can be confident that the in- vestment we make here will be re- we, as a nation, are prepared for the in our means. This year’s budget re- significant demographic shift with the stores much-needed fiscal discipline turned to us many times over. This year’s budget also directs more aging of our population. In a few short while better targeting our resources to- years, a vast wave of Americans will wards the investments that will best resources towards improving heath care quality and coverage, and reduc- begin to retire. In fact, between 2010 promote economic growth, national se- and 2030, the number of people age 65 curity, and broad-based opportunity. ing cost—an issue that affects every American family and businesses’ bot- and older is projected to increase by 76 First, the budget resolution rein- percent. This change will impact a states pay-as-you-go rules, which re- tom line. The resolution includes a def- icit-neutral reserve fund to help cover wide range of social and economic quire that any new spending or tax issues, such as labor shortages, loss of cuts be paid for with spending cuts or uninsured children and funds for health information technology and compara- experienced workers many of whom new sources of revenue—rather than have skills that simply are not replace- simply adding the cost to the national tive effectiveness to help reduce sky- rocketing costs. able—and put a significant strain on debt for our children and grandchildren the senior entitlement programs of So- Just as importantly, with our mili- to repay with interest. These rules cial Security, Medicare and Medicaid. played a major role in helping us to tary being stretched to its limits, the achieve Federal budget surpluses in the budget includes full funding for restor- To keep pace with the growing aging late 1990s. The resolution also puts a ing force readiness and adequately population, it is critical that Congress stop to procedural abuses that had equipping our military personnel serv- address these issues in a thoughtful been used by the previous leadership in ing in harm’s way. It also includes $3.6 manner that preserves benefits for the Congress, notably the use of budget billion above the Bush administration’s those in need. The report compiles rel- reconciliation protections—designed budget to address the needs of veterans evant high-level summaries of com- for legislation that reduces the def- when they return home, because the mittee hearings related to retirement icit—to ram through passage of budget- brave Americans who have served our security that demonstrate the ongoing busting tax bills. These procedural im- country deserve much better than the debate within Congress regarding the provements, combined with reasonable conditions that were revealed in the re- best approach to address these impor- and responsible spending limits and cent Walter Reed Army Medical Center tant issues. revenue targets, provide for much-im- scandal. I look forward to continuing a proved—and much-needed fiscal dis- The priorities laid out in the budget healthy debate on ways to best prepare cipline on both the spending and rev- adopted last week contrast sharply for the challenges that await us with enue sides of the ledger. with the agendas of recent years. our aging nation. I hope this report In the 1990s, we saw how responsible Where the Bush administration and provides valuable insight as we con- budget policies and economic growth previous leadership in the Congress tinue these discussions throughout this reinforced each other in a cycle that sacrificed all else at the altar of high- Congress. lifted Americans’ standard of living income tax cuts, this year’s budget will I thank all the members of the Sen- across the board. Under the current ad- keep taxes low while restoring the im- ate Special Committee on Aging from ministration, by contrast, Americans portance of education, health care, the past 10 years for their participation have seen the opposite effect, as irre- clean and renewable energy, and the in these vital discussions. I especially sponsible and poorly targeted fiscal needs of our military. This change is a want to thank the committee’s current policies have squandered the previous welcome development that puts our chairman, Senator HERB KOHL, as well decade’s fiscal gains while economic Nation on a better, stronger, more as the committee’s past chairmen for growth has accrued more and more prosperous, and more secure course for their dedication to ensuring a positive narrowly to a smaller segment of the the future. future for America’s seniors.

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00254 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.070 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6831 DEATH PENALTY fire. After Kristen was engulfed in flames, tion. Americans from every state and she managed to walk around and stomp her Mr. KYL. Mr. President, I ask unani- all generations have served bravely and feet for up to 60 seconds before collapsing in on Memorial Day we remember their mous consent that an article entitled the dirt. Kristen (died suffering) third- and ‘‘Remembering Victims Key to Death sacrifice. fourth-degree burns over 98 percent of her It is with particular poignancy that Penalty, Executing Justice: Arizona’s body.’’ this Memorial Day, we reflect on the Moral Dilemma,’’ by Steve Twist, be And there are so many more. Repeating sacrifice so many New Mexicans have printed in the RECORD. them is hard. Thinking about the victims made while serving in Operation Iraqi There being no objection, the mate- and their loved ones, left to grieve, is heart- Freedom and Operation Enduring Free- rial was ordered to be printed in the breaking. But think about them we must if we are to truly understand the context of the dom. I hope New Mexicans will think of RECORD, as follows: death penalty debate. these individuals and their families REMEMBERING VICTIMS KEY TO DEATH PEN- Those who agitate to abolish the death and on this Memorial Day I would like ALTY—EXECUTING JUSTICE: ARIZONA’S penalty for these killers say the killers don’t to share one of their stories, that of MORAL DILEMMA deserve to die because no crime justifies death. Marine Corps LCpl Christopher S. (By Steve Twist, May 20, 2007) Adlesperger of Albuquerque. Opponents of the death penalty rarely These arguments continue to find disfavor with large portions of the public. Gallup con- In late 2004, Lance Corporal want to talk about the crimes of those sen- Adlesperger, and his unit were de- tenced to death. One commentator has ob- sistently reports support for the death pen- served that this is ‘‘a bit like playing Hamlet alty by wide margins (67 percent in favor, 28 ployed in Fallujah and involved in without the ghost, reviewing the merits of percent opposed: 2006) when the question is some of the fiercest fighting of the war. capital punishment without revealing just asked in a straightforward manner. When On one particular mission, Adlesperger what a capital crime is really like and how the question is asked whether death or life and his squad were ordered to storm an the victims have been brutalized.’’ imprisonment is the ‘‘better’’ penalty, 48 insurgent-occupied building. While In the week ahead, the public will be riv- percent choose life and 47 percent death. Yet, moving forward Adlesperger’s squad when the facts of a case are cited, support eted with news of Robert Comer: his life, his began to receive heavy insurgent fire struggles and his legal battles borne by oth- for the death penalty grows dramatically. Even among those who said they opposed the and several members of his squad were ers to the very end. But what of his victims? wounded and the rest were pinned Let us hope, in the end, the law will speak death penalty, more than half of those sup- for them. And let us hope that those who ex- ported the execution of Oklahoma City down. Adlesperger took action and se- cuse or minimize his crimes will listen, if bomber Timothy McVeigh. cured a path for the injured marines to only for even a brief moment or so, to what Another issue the abolitionists like to be evacuated. Despite the fact that he Judge Alex Kozinsky has rightly called ‘‘the avoid is deterrence, which is of two kinds, was also wounded, Adlesperger contin- tortured voices of the victims crying out for specific and general. Specific deterrence is ued the assault on the building. justice.’’ It is in those voices that we under- the measure of the penalty’s effectiveness in Adlesperger is credited with elimi- stand the morality of the death penalty, deterring the sentenced murderer from ever killing again. nating several insurgents and playing a even when they are raised in opposition, as pivotal role in the successful assault. they sometimes, albeit rarely, are. General deterrence is the effect of the pen- alty on deterring others from committing Tragically, 1 month later, 20-year-old There are 112 murderers on Arizona’s death Christopher Adlesperger, was fatally row. Robert Comer is one of them, having murder. Most recently, Professor Paul Rubin been sentenced to death almost 20 years ago, of Emory University and his colleagues have shot while on patrol in the Anbar prov- April 11, 1988. reported the results of the most extensive ince west of Bahgdad. The Department of Corrections reports, econometric study of death penalty deter- This brave young soldier was one of ‘‘(O)n Feb. 23, 1987, Comer and his girlfriend rence and concluded that every execution the first New Mexicans to give his life . . . were at a campground near Apache Lake. saves on average 18 lives because of the mur- in the Iraq war and on April 13, 2007, They invited Larry Pritchard, who was at ders that are deterred. Rubin’s results have Adlesperger was posthumously awarded the campsite next to theirs, to have dinner been replicated by others. This is such an ‘‘inconvenient truth’’ for the Navy Cross for valor. and drinks with them. Around 9 p.m., Comer Today, as we honor all the brave men shot Pritchard in the head, killing him. the abolitionists that they prefer to ignore it. Professing to revere life so dearly as to and women who have fought and given He . . . then stole Pritchard’s belongings. their lives to defend this Nation Around 11 p.m., Comer and (Juneva) Willis oppose even the taking of depraved life, they went to a campsite occupied by Richard nonetheless seem to care little that their ad- throughout its history, I hope New Brough and Tracy Andrews. Comer stole vocacy would result, if successful, in the Mexicans will also pray for the safe re- their property, hogtied Brough to a car fend- slaughter of more innocents. turn of those still serving in Iraq and er and then raped Andrews in front of This week, when the news is filled with Afghanistan. Robert Comer, let us pause to remember Brough. Comer and Willis then left the area, f taking Andrews with them but leaving Larry Pritchard, Richard Brough and Tracy Brough behind. Andrews escaped the next Andrews. And let us remember also Christy SAFETY OF AVANDIA morning and ran for 23 hours before finding Anne Fornoff, Jennifer Wilson and, dear God, let us remember little Kristen Grell and all Mr. GRASSLEY. Mr. President, over help.’’ . the last few days there have been Donald Beaty is another. ‘‘On the evening the other victims. In those memories, let us offer prayers for countless articles about the popular di- of May 9, 1984, Christy Ann Fornoff, a 13- their families and a steady, steel-eyed re- abetes drug Avandia. For me, some of year-old news carrier, was collecting from solve that we will value their innocent lives her customers at the Rockpoint Apartments the most important questions that so dearly that we are willing to exact the ul- in Tempe. Beaty, who was the apartment need to be answered here are what did timate punishment for their murders, in custodian, abducted Christy and sexually as- FDA know, when did it know it, and order that we might preserve justice and pro- saulted and suffocated her in his apartment. what did it do with the information. tect others from becoming victims. In the Beaty kept the body in his apartment until Since The New England Journal of wake of these decades-long delays to justice, the morning of May 11, 1984, when he placed let us finally resolve to demand of our courts Medicine first reported on a new study it behind the apartment complex’s trash that they become more respectful of the vic- by Cleveland Clinic Cardiologist Dr. dumpster.’’ tims’ constitutional rights to a ‘‘prompt and Steven Nissen, my investigative staff Richard Bible is another. ‘‘On June 6, 1988, final conclusion of the case.’’ has continued to gather information around 10:30 a.m., 9-year-old Jennifer Wilson was riding her bike on a Forest Service road f about both FDA and the drugmaker. We are hearing a lot about what’s in Flagstaff. Bible drove by in a truck, forced HONORING OUR ARMED FORCES her off her bike and abducted her. He took called the ‘‘RECORD’’ study, which was Jennifer to a hill near his home where he LANCE CORPORAL CHRISTOPHER S. requested by the Europeans. There was sexually assaulted her. He then killed her ADLESPERGER talk at the FDA, before this week’s hitting her in the face and head with a blunt Mr. DOMENICI. Mr. President, each stories started appearing, that the instrument. Bible concealed the body and year, our Nation observes a holiday to agency wanted to wait for that study left the area. He was arrested later that day. honor the brave men and women who to be completed before it made a deci- Jennifer’s body was not found until June 25, have given their lives in service to this sion about whether or not to say any- 1988.’’ Shawn Grell is yet another. ‘‘On Dec. 2, country. New Mexicans have a strong thing about Avandia and the possible 1999, Grell took his 2-year-old daughter, tradition of serving in the Armed increased risk in heart attacks. Believe Kristen, to a remote area in Apache Junc- Forces, and sadly a great many have it or not, FDA officials have confirmed tion, doused her with gasoline and set her on given their lives in defense of our Na- for my investigators this week that the

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00255 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.071 S24MYPT1 bajohnson on PRODPC74 with SENATE S6832 CONGRESSIONAL RECORD — SENATE May 24, 2007 ‘‘RECORD’’ study is not expected to be the Access to Medicare Data Act that I them could have imagined that 35 years completed for 2 more years—until the filed today with Senator BAUCUS. This later, Bill would be known throughout the summer of 2009. That’s a long time bill is based on S. 3897, the Medicare halls of power in Washington as the husband of Grace Nelson. from now when you have millions of Data Access and Research Act, which Grace is a real sign of contradiction in this American’s taking this drug. Senator BAUCUS and I introduced in the town. She believes in bringing people to- Second, there is something I would 109th Congress. The purpose of the bill gether, across party lines, and she’s backed like to clarify. We have been reading is to provide federal health agencies that belief up with deeds. As head of the this week that the FDA was not in a and outside researchers more sources Spouses of the Senate, she’s been a model of position to tell the American people of data for examining adverse events so how to practice bipartisanship and how to make it work. In retrospect, we probably about its concerns with Avandia be- that serious safety questions are iden- cause it needed ‘‘conclusive’’ informa- should have consulted with her on the immi- tified promptly and timely action can gration bill. tion. That doesn’t make sense to me. be taken to protect American con- I happen to know firsthand that Grace and The preliminary findings of the FDA’s sumers. all the other wives are a warm, welcoming ongoing ‘‘meta-analysis’’ of the group. Because my wife, who happens to be a f Avandia clinical trials have been con- pretty busy woman in her own right, is a reg- sistent with Dr. Nissen’s findings of an SENATE SPOUSES ular at their Tuesday lunches. Elaine appre- ciates the friendships she’s formed there, and increased heart attack risk, as well as Mr. WARNER. Mr. President, Tues- the drug maker’s findings. It goes like she counts on the advice she can get from all day, May 22 was a memorable day in of you on matters of vital concern, like this: the drugmaker sees a 31-percent the life of the U.S. Senate. In keeping where to find a decent electrician. increased risk of a heart attack; the with longstanding tradition, each year, Jeanne Warner, thanks for organizing the FDA sees a 40-percent increased risk Senate spouses gather to give a lunch- First Lady’s lunch today and for securing for heart attacks; and Dr. Nissen sees a eon in honor of the First Lady of the this beautiful garden for tonight’s event. To 43-percent increased risk for heart at- the performers: Joyce Bennett, Barbara United States of America. Levin, and, of course, our special guest, tacks. Those numbers seem like a high Last year, Landra Reid served as enough threshold to me for the FDA to Placido Domingo, thanks. Thank you for Chairman and Jeanne Warner served as sharing your talented young artists with us warn the American people of the possi- co-chairman. The theme was a unique tonight. bility of a problem. one, entitled, ‘‘100 Dresses.’’ This year, No less a historian than our own Robert Third, several months ago, the Divi- Jeanne Warner became Chairman, Byrd has called the Senate a place of ‘‘re- sion of Drug Risk Evaluation, which Grace Nelson became co-chairman and sounding deeds.’’ But any time one of us sits within the Office of Surveillance writes a memoir, it’s always the quiet deeds Landra Reid, together with over 20 of a devoted spouse that the senators them- and Epidemiology, recommended a Senate spouses, organized another ‘‘boxed’’ warning for Avandia. Why? selves seem to marvel at the most. highly successful and enjoyable lunch- Senator Byrd himself can boast more mile- Because it was believed that Avandia eon. This year’s event, entitled ‘‘Heart- stones than any other senator in U.S. his- increased the risk of heart attacks. To felt Safari,’’ focused on the President tory. But he’ll tell you his proudest achieve- date, FDA has not acted on upon this ment, his most resounding deed, was that he and Mrs. Bush’s initiative to help al- recommendation. married a coal-miner’s daughter named In a statement I released on Tuesday, leviate the plight of malaria in Africa. Erma and that they stayed together longer I also pointed out that about a year The number of deaths this year from than any Senate couple in history. malaria could be as high as two mil- One of Senator Reid’s predecessors, Mike ago some FDA scientists recommended Mansfield, was a high-school dropout when a black box warning for congestive lion, largely among children in Africa. Part of the proceeds from the luncheon his wife Maureen convinced him to go back heart failure. There is still no black to school—and then sold her own life insur- box warning for congestive heart fail- will be donated to a well-respected not- ance policy to pay for it. More than 70 years ure, and I understand that happened for-profit charity—Malaria No More— later, after one of the most distinguished po- because the office that put Avandia on that works to alleviate this tragic suf- litical careers in U.S. history, Mansfield was the market in the first place wanted to fering. invited back to the Capitol to receive one look into it further. America is still In the evening, our two Senate lead- last honor. He could have recalled a thou- ers presided over a dinner honoring the sand legislative deals. But when it came his waiting for a decision. turn to speak, he praised Maureen instead. It was also reported to me that the Senate spouses. Senator REID opened Here’s what he said: ‘‘The real credit for incidence of heart attacks with with a moving framework of remarks, whatever standing I have achieved in life Avandia could be about 60,000 to 100,000 humorously recounting how the es- should be given to my wife Maureen. She was from 1999 to 2006. That is a lot. Just teemed author, Ralph Waldo Emerson, and is my inspiration. She gave of herself to doing the math and using conservative once spoke for over 2 hours at a Har- make something of me. She made the sac- numbers, that means about 20 or more vard University event in the 1830s. He rifices and really deserved the credits, but I quickly assured the audience he would was the one who was honored. She has al- unnecessary heart attacks a day. ways been the better half of our lives to- At a minimum, I think that the of- not seek to match Emerson, and he gether and without her coaching, her under- fice responsible for post marketing then proceeded to give a very warm in- standing, and her love, I would not be with safety needs to have the ability to troduction of an honored guest, Placido you tonight. What we did, we did together. In warn Americans when it thinks it Domingo. The renowned singer regaled short, I am what I am because of her.’’ needs to do so. If not, we have what we the audience with anecdotes about his Barry Goldwater was another one who have here today, delays in telling the career and about America’s growing in- knew where to place the credit. He’d pro- posed to his future wife Peggy many times American people about a possible seri- terest in opera. before they found themselves in a phone ous safety problem. It is not right, and Senator McCONNELL concluded the booth on a cold New Year’s Eve night in I am going to keep working to change evening, reciting the vital role per- Muncie, Indiana, in 1933. Peggy wanted to things once and for all. The FDA legis- formed by Senate spouses through the call her mother to wish her a Happy New lation passed by the Senate two weeks years. His remarks were warmly re- Year, and while they were standing there, ago dropped the ball on this important ceived by so many colleagues that I am Barry said he was running out of quarters and patience. He asked her to marry him one reform. The Avandia case sets it up for privileged to offer for the RECORD, on more time, she said yes, and nearly half a the House of Representatives to give behalf of all Senators, his thoughts, century later, Barry Goldwater wrote this real clout to the FDA office that mon- and I ask unanimous consent they be postscript to a long and storied career: itors and assesses drugs after they are printed in the RECORD. ‘‘There are many moments of triumph in a on the market and taken by millions of There being no objection, the mate- man’s lifetime which he remembers. I have people. If the Office of New Drugs con- rial was ordered to be printed in the been to the mountaintop of victory—my first election to the Senate, and my reelection, tinues to call all the shots, like it does RECORD, as follows: today, then it is more status quo and that night in Chicago, in 1960, when the gov- SENATE LEADERS HONORING SPOUSES—RE- ernor of Arizona put my name in nomination less public safety from the FDA. Both MARKS AS PREPARED FOR LEADER MCCON- for the office of the President of the United the evidence and the experts under- NELL States; and another night in San Francisco score the need for real reform here. A few weeks after marrying Grace Cavert when the delegates to the Republican Con- One opportunity to improve upon in 1972, Bill Nelso:n and his new bride hit the vention made me their nominee. But above postmarketing drug safety stems from campaign trail for the first time. Neither of all these I rate that night in Muncie.’’

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00256 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.083 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6833 Ronald Reagan once said there was only more responsibility for assessment and rious about excellence and oppor- one person in the world that could make him accountability, the Federal Govern- tunity, we should be debating which lonely just by leaving the room. And we ment will do it for them. regulations we can get rid of. learned earlier this week that Nancy still Second, establish an award for ac- The question is whether you believe marvels at her husband’s devotion. She that excellence in higher education shouldn’t. Those of us who are fortunate to countability in higher education like share this life of highs and lows, of forced the Baldrige Award for quality in comes from institutional autonomy, smiles and cancelled plans, of bland buffets American business. The Baldrige markets, competition, choice for stu- and late night calls, know we couldn’t Award, granted by the Department of dents, federalism and limited Federal achieve much at all, much less resounding Commerce, encourages a focus on qual- regulation or whether you don’t. deeds, without the person sitting next to us. ity in American business. It has been I believe it does. In fact, I have spent f enormously successful, causing hun- most of my public career arguing that dreds of businesses to change their pro- we should borrow these principles from ACCOUNTABILITY IN HIGHER higher education where we have excel- EDUCATION cedures to compete for the prize. I be- lieve the same kind of award—or lence and try them in k–12 where we Mr. ALEXANDER. Mr. President, our awards for different kinds of higher too often don’t. country does not have just some of the education institutions—would produce There is plenty of evidence that best colleges and universities in the the same sort of result for account- America’s secret weapon is our system world. It has almost all of them. Our ability in higher education. of colleges and universities. More higher education system is our secret Finally, make research and develop- Americans go to college than in any weapon in America’s competition in ment grants to states, institutions, country. Most of the best universities the world marketplace. It is the cor- accreditors and assessment researchers of the world are in our country, at- nerstone of the brainpower advantage to develop new and better appropriate tracting 500,000 of the brightest stu- that last year permitted our country to measures of accountability. dents from outside America—many of produce thirty percent of the world’s This combination of jawboning, cre- whom stay to create more good jobs for wealth, measured by gross domestic ating a Baldrige-type prized for ac- Americans. Just a few short weeks ago, after two product— for just 5 percent of the countability and research and develop- years of work, the Senate passed the world’s people. ment for better assessment techniques America Competes Act. It authorizes Education Secretary Margaret will in, my judgment, do a better and investing $62 billion over 4 years to Spellings, to her credit, established a more comprehensive job of encouraging help our country keep its brainpower commission 2 years ago to examine all accountability in higher education advantage so we can keep jobs from aspects of higher education to make than anything Federal regulation can certain that we do all we can to pre- going to India and China. do. In China, India, in Europe and Latin serve excellence in this secret weapon If I am wrong, then we in Congress and access to it. Among other things, America countries seeking to improve and the U.S. Department of Education the incomes of their citizens are seek- the commission called for more ac- can step in and take more aggressive countability in higher education. ing to emulate our college and univer- steps. sities because they know that better The commission got the part about Are there some things wrong with accountability right. We in Congress schools and colleges mean better jobs. the American higher education sys- The former Brazilian President, Fer- have a duty to make certain that the tem? Of course. billions we allocate to higher edu- nando Henrique Cardoso, recently told And in my testimony in Nashville a group of Senators that the strongest cation are spent wisely. last year before the Secretary’s Com- memory of the United States he would Unfortunately, the commission head- mission on the Future of Higher Edu- take back to his country is the Amer- ed in the wrong direction when it pro- cation I detailed some of them. ican University. ‘‘The uniqueness, posed how to achieve accountability. In One is the failure of colleges of edu- strength and autonomy of the Amer- its report, and in the negotiated rule- cation to prepare school leaders to ican university,’’ Dr. Cardoso said, making process, the Department of raise our k–12 system to the level of ‘‘There is nothing like it in the world.’’ Education proposed a complex system our higher education system. ‘‘Autonomy’’ is the key word in Dr. of accountability to tell colleges how Two is the growing political one-sid- Cardoso’s response. to accept transfer students, how to edness that has infected many cam- Deregulating higher education and measure what students are learning, puses. Too often true diversity of preserving the autonomy of its institu- and how colleges should accredit them- thought is discouraged in the same of a tions—not more Washington, DC, regu- selves. preferred brand of diversity. lation—is the key to preserving the I believe excellence in American Third, is the rising cost of tuition quality of this secret weapon in our ef- higher education comes from institu- and large amount of students debt al- fort to keep our high standard of liv- tional autonomy, markets, competi- though costs are lower than most ing. tion, choice for students, federalism Americans realize and the reason for The United States system of higher and limited Federal regulation. the increase is primarily the State fail- education is a remarkable system of The Department is proposing to re- ure to fund higher education because of 6,000 autonomous institutions. Some strict autonomy, choice, and competi- all the money that is being soaked up are public, like the University of Ten- tion. by rising medicaid costs. nessee of which I was once President. Such changes are so fundamental Fourth, there is no doubt that col- Some are private like Vanderbilt and that only Congress should consider leges and universities are not as effi- New York University, from which I them. For that reason, if necessary, I cient as they should be. Campuses are graduated. Some are Catholic. Some will offer an amendment to the Higher too vacant in the summer. Faculty are Jewish. Some are non profit. Some Education Act to prohibit the Depart- teaching loads are too light. And se- are for profit. Some, like UCLA, are re- ment from issuing any final regula- mesters are too short to justify the search universities. tions on these issues until Congress large expenditures. Some are trade schools like the acts. Congress needs to legislate first. Fifth, no one in Washington takes a Nashville Auto Diesel College which Then the Department can regulate. coordinated look at the tens of billions graduate 1300 of the best auto mechan- Instead of pursuing this increased of dollars spent for higher education. ics in the world each year. Some are 2- Federal regulation, I have suggested to Secretary Spellings is the first to do year community colleges or technical the Secretary a different course. this, and I applaud her for it, although institutes. First, convene leaders in higher edu- I had hoped the result would have been Some, like the University of Texas, cation—especially those who are lead- less regulation, not more. have 100,000 students. Some, like Val- ing the way with improved methods of Finally, deregulation. There is too ley College in West Virginia have 34 accountability and assessment and let much Washington DC, regulation. students. them know in clear terms that if col- Instead of debating how many more Some like Harvard, have 20,000 appli- leges and universities do not accept regulations we need, if we really are se- cants for 1,700 freshman places. Some,

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00257 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.104 S24MYPT1 bajohnson on PRODPC74 with SENATE S6834 CONGRESSIONAL RECORD — SENATE May 24, 2007 like University of Phoenix, accept peers. Such competition and choice has RETIREMENT OF BARBARA L. every student who applies. Some teach permitted both excellence and a MILES sports management and some teach breadth responding quickly to a chang- Mr. DODD. Mr. President, Barbara classics. ing world that a more highly regulated Miles, a specialist in financial institu- The largest university is online. In system never would have. For example, tions retired from the Government and some colleges, most students graduate the fastest growing institutions are 2- Finance Division of the Congressional in four years. In others, most never ac- year colleges and for-profit institu- Research Service, CRS, at the Library tually graduate because they are there tions—the institutions in the closest of Congress on May 3, 2007. Including 32 to learn skills on their way to a new touch with the rapidly changing global years at CRS and her six years in the job. workplace. executive branch as an economist and The average tuition private school is The second regulator is the Federal econometrician at the Bureau of Eco- $22,218, for a public four year college Government. This stack of regulations nomic Analysis in the Department of the average is $5,836, for a public 2-year I have here represent the 7,000—yes, Commerce, Ms. Miles devoted 38 years community college the average is of service to the American people. CRS $2,272. 7,000 regulations—that each one of the 6,000 colleges and universities who ac- and the Congress lost an exceptionally More than half the students who at- able and dedicated public servant with tend these 6,000 institutions have a fed- cept federal aid must deal with in order to accept students with Federal grants her departure. eral grant or a loan to help them to A native of California, Ms. Miles or loans. pay for college. earned a bachelor’s degree in econom- That means that this year taxpayers The president of Stanford has esti- ics from in Los An- will spend $13 billion giving 5.2 million mated it costs 7 cents of every tuition geles and a master of economics degree students Federal Pell grants providing dollar just to deal with federal regula- from the University of Washington at up to $4,310 each—which pays the en- tions and loans. Universities have com- Seattle. She began her CRS service in tire cost of attending many 2 year pliance officers and divisions to keep July 1975, as an economist. She was schools and almost three-fourths the track of regulations from almost every successively promoted throughout her cost of a public four year school. Cabinet agency in Washington. career, attaining the position of Spe- Many States and private institutions Then there are the State regulators. cialist in Housing in 1979, and that of and individuals provide generous addi- The Governor is chairman of the board Specialist in Financial Institutions in tional scholarships and loans. 1995. of all Tennessee public universities. Of Mr. President, 56,000 Tennessee stu- Ms. Miles’ research was in the gen- dents each year receive up to $3,800 if course, the State legislature has its eral area of housing. She is an expert they attend a 4-year institution or say when it passes budget funding pub- in a range of housing-related policy $1,900 if they attend a year institution. lic universities. The Tennessee Higher issues such as the housing industry and Georgia’s HOPE scholarship and Education Commission reviews budg- finance, housing supply and prices, grant programs benefit over 200,000 ets, duplicitous programs and stand- housing demand, mortgage interest Georgia students a year, giving them ards—and it also has some rules for pri- rates and affordability, and federal grant and scholarship aid to attend a vate universities. policies toward home ownership. Ms. college or university. Fundamentally the autonomous col- Miles provided close support to numer- In addition, 14 million students will lege or university regulates itself. As ous members of Congress and their borrow 66 billion more dollars this year president of the University of Ten- staff, in the form of analysis, confiden- by taking out federal guaranteed loans nessee system of institutions, I had tial memos, and reports during the sav- to help pay for college. overall responsibility for admissions ings and loan crisis of the late 1980s. I once asked David Gardner when he and standards of quality for faculty She worked closely with Congress as it was president of the University of Cali- and students established by the board drafted the Financial Institutions Re- fornia why his institution was one of of trustees to which I reported. A chan- form Recovery and Enforcement Act of the world’s finest. Without a moment’s cellor supervised each campus. The fac- 1989 that established the Resolution hesitation he said, ‘‘First, autonomy. ulty senate on each campus played a Trust Corporation, which liquidated Fundamentally the state of California major role. the assets of insolvent savings and gives us the money, then our board de- loans, and reimbursed depositors and Then there is also the self-accredita- cides how to spend it. This authority other creditors. has permitted us to set high stand- tion system—an elaborate, time con- As her career developed, Ms. Miles ards.’’ And then he said, ‘‘We have a suming review of programs in each de- also devoted her talents to the study of large amount of federal and state dol- partment for the purpose of deter- and analysis of public policy con- lars that follow students to the edu- mining whether that department held cerning government sponsored enter- cational institution of their choice.’’ true to its mission and its level of qual- prises, or GSEs, which are stockholder- So, autonomy, excellence choice— ity. owned companies whose Congressional Federal dollars following students to With these multiple layers of regula- charters call on them to support the the schools of their choice. That is the tion, higher education needs less, not secondary mortgage market, especially California formula for excellence. It is more regulation from Washington, DC. lower income groups and geographic the American formula for excellence In fact, I believe the greatest threat to areas not well served by lenders. She since the GI bill for Veterans was en- excellence of higher education is over- provided ever more insightful and de- acted in 1944, and veterans were given regulation, not underfunding. tailed reports on the costs, benefits, and risks of various GSEs, advising the opportunity to attend the college Not long ago, the president of the Congress on the impact of the GSEs on of their choice. North Carolina higher education sys- Congress could have given the dollars different sectors of the housing market tem—Erskine Bowles—visited me along to institutions. Instead, it created this in particular, as well as on the nation’s with several of his presidents of public marketplace and fueled it even further economy in general. Through regular and private institutions. That system with the addition of Pell grants and and ever expanding contacts, she has for years been one of the Nation’s loans—all following students to the in- helped to familiarize members and best. Their message was, ‘‘Of course ac- stitution of their choice. staff with the role of Congress in policy Who, then, is the regulator of this countability is important. We believe options and oversight of the GSEs. She marketplace? in it. But we are the ones to do it and provided regular analyses of options for Well, first, the marketplace itself. we are doing it.’’ legislation and oversight. Her work in- Students armed with scholarship dol- The best way for Congress to assure cluded in-person briefings, telephone lars may choose or reject courses and the quality of higher education is to briefings, lectures, seminars, reports, colleges. Colleges must compete to at- determine that State regulators and confidential and general distribution tract faculty. Most Federal grants are accrediting agencies are doing their memoranda, and CRS reports for Con- awarded competitively after review by jobs. gress. She testified before Congress on

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00258 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.083 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6835 many occasions. All of her work in the Congressional Research Employee As- ings. She participated in conferences area of GSE-related oversight and leg- sociation. sponsored by the Chicago Federal islation by Congress demonstrated an CRS management recognized Ms. Home Loan Bank, the Chicago Federal extremely detailed understanding of Miles for achieving and exceeding the Reserve, the American Economics As- the complex, significant policy issues organizational goals established for her sociation, the American Real Estate surrounding these institutions and section, leading her staff to new levels and Urban Economics Association, and their operations. Her insights and per- of excellence that could not have been Women in Housing and Finance. In her spective were plain, and understand- attained without her steady and in- private life, Ms. Miles remains an avid able; the clarity and rigor of her anal- spired guidance. Her mastery of tech- bicycle rider who has raced competi- yses won praise from members and nical skills, her understanding of and tively. One of her goals after retire- commendations at CRS. commitment to the mission and goals ment is to ride a ‘‘century’’ or 100 In 2000, Ms. Miles assumed the posi- of the Congressional Research Service, miles. She is also an active member of tion of Section Head of the Banking, coupled with her ability to commu- the Episcopal Church, in which she Securities, Insurance, and Macro- nicate these to her staff, helped lead served with distinction on the Diocesan economics Section within the CRS her section to significantly improved Council Episcopal of the Episcopal Dio- Government and Finance Division. For organizational performance. cese of Washington. the next five years she supervised eight After stepping down as section head For the 32 years of her career at to ten economists, ranging from experi- in 2005, Ms. Miles continued to mentor CRS—and her six years of previous fed- enced veterans to newly-appointed new staff. In stepping down, she eral service—Ms. Miles won the re- staff hired from the private sector, planned to spend more time analyzing spect, admiration, and thanks of her other government agencies, and from and writing about government-spon- colleagues. Her steadfast dedication to distinguished graduate programs. She sored enterprises, housing issues, and service to Congress and the nation and was generous with her time and offered financial services. She also took on the her commitment to the highest stand- constructive advice working with staff role of division reviewer to ensure that ards of unbiased and timely response to through multiple revisions to produce all products met the highest CRS Congressional requests for information the most useful products for members standards. have made a positive and lasting con- and staff. She challenged veteran staff Ms. Miles won numerous awards and tribution. On behalf of the members of the Sen- to think and write in new ways to bet- praise from members during her 32 ate Committee on Banking, Housing, ter serve Congress. years at CRS. In 1995, a Senator praised She emphasized the need for econo- one of her products for ‘‘explaining and Urban Affairs, Senator SHELBY and I express our deep appreciation to Ms. mists to write clearly and to connect that the debate between the direct Miles for her many years of dedicated the micro economic foundations of fi- lending and the guaranteed loan pro- public service and wish her well as she nancial markets to macro economic gram is fundamentally a debate over goes on to other endeavors. policy to best assist Congress in its du- political philosophy and not a debate ties of scrutiny, oversight, and legisla- over economics.... It is important to f tion. Ms. Miles’ own broad expertise keep in mind that these economists at ADDITIONAL STATEMENTS and depth of experience in her section’s the Congressional Research Service are wide-ranging policy responsibilities not individuals who work for the Re- provided her with unique tools during publican Party, nor are they individ- HONORING KATHLEEN MCNAMARA her period as a section manager in uals who have some hidden agenda, ∑ Mr. AKAKA. Mr. President, I believe CRS. She conducted knowledgeable who have some connection to the deeply that the well-being of our soci- oversight of section written materials banks or the guaranty agencies. They ety depends on the contributions of and was regarded by her staff and man- are simply economists who work for committed individuals. With that be- agement as a skilled reviewer whose the Congressional Research Service lief in mind, today I pay tribute to an insistence on the highest standards was and provide us with objective, non- individual who has given much to matched by her ability as a mentor and partisan analyses of the programs that many, most especially to veterans in educator. She constantly worked with Congress develops.’’ In 1998, two Sen- my home State of Hawaii, Dr. Kathleen her staff to improve the precision and ators and a Representative praised her McNamara. work on the Higher Education Amend- clarity of their writing and to produce Dr. McNamara is a psychologist who ments of 1998. accurate, balanced and insightful anal- has spent 18 years working full time for She wrote numerous concise and ysis of the issues of the day in a timely veterans, with most of that time spent complete reports for CRS. She also in Hawaii. Her full career spans longer manner. Ms. Miles led her section to contributed to the Joint Economic new levels of intellectual excellence than that, and includes impressive Committee’s Demographic Change and service across a range of issues in psy- and dedicated service to Congress, the Economy of the Nineties with ‘‘De- chology. Recently, the American Psy- while gaining the unquestioned respect mography and Housing in the 1990s,’’ chological Association presented Dr. and genuine affection of her staff. which turned out to be a classic work Ms. Miles was an invaluable resource McNamara with a Presidential Citation on housing. in recognition of the more than 30 in many ways that did not always at- Ms. Miles also testified before Con- years she has dedicated to the Amer- tract notice. Throughout the course of gressional committees numerous times ican people, including veterans. Dr. her career, other analysts frequently on housing and mortgage issues. The McNamara has served on many of the consulted with her for her subject mat- members of the House Committee on APA’s volunteer boards, including ter and economic expertise. She tire- Financial Services and the House Com- their board of directors. lessly peer-reviewed papers. Ms. Miles mittee on the Budget were the most I have interacted with Dr. McNamara managed a long-running CRS coopera- frequent beneficiaries of her insights both in her role as psychologist and in tive ‘‘Capstone’’ project, initiated with and wisdom. her work with the veterans’ commu- students and faculty of the University In 1993, she received a CRS special nity. I have found her to be thorough of Texas, that examined corporate gov- achievement award for ‘‘extraordinary and of strong conviction. ernance policy issues and questions for contributions to debate over the stu- I recall a witness who was testifying Congress. She initiated and nurtured a dent loan program including the Omni- at a January 2006 hearing of the Com- popular ‘‘Brown Bag Luncheon’’ series bus Budget Reconciliation Act of 1993.’’ mittee on Veterans’ Affairs. This wit- of lecture-discussions on policy issues. In 2000, 2001, 2002, and 2004 she received ness was speaking on behalf of veterans She selected topics and used her wide incentive awards for sustained high from the Hawaiian island of Molokai, contacts to arrange for speakers for a performance. In 2001 and 2002 she re- where it can take over 3 months to get program that has covered a very broad ceived honorary superior service an appointment with a visiting VA psy- range of issues, and continues to draw awards. Upon her retirement, Ms. Miles chologist. This witness told the com- standing-room-only audiences. Ms. received a meritorious service award. mittee about Dr. McNamara, who rou- Miles was honored by her colleagues Ms. Miles was active in professional tinely travels to Molokai from a neigh- when they elected her president of the associations, conferences and meet- boring island. He called Dr. McNamara

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00259 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.080 S24MYPT1 bajohnson on PRODPC74 with SENATE S6836 CONGRESSIONAL RECORD — SENATE May 24, 2007 the ‘‘Mother Theresa for the veterans,’’ Throughout its 150-year history, tralized Asset Management, culmi- and noted that Molokai needed more Monroe City has continued to flourish nating in a $14 billion savings and the psychologists, because the demand to and has striven to maintain its concern elimination of complex and redundant see Dr. McNamara was just so great. for, and involvement in, the lives of its financial processes. General Wetekam I humbly offer Dr. McNamara my citizens. Members of this community worked extensively to increase the gratitude for what she has done for vet- have often assumed leadership posi- number of Security Forces available erans, for Hawaii, and for our Nation.∑ tions in the community through par- for deployment and through this effort f ticipation in fire, police, and adminis- provided much needed support to our TRIBUTE TO TERESA KIRKEENG- tration departments, as well as with warfighters. He was successful in re- KINCAID their work with a variety of civic and ducing career field operations tempo, church groups. and forged a ground breaking path for ∑ Mr. BOND. Mr. President, today I I am pleased to join with the State of both privatized housing and joint bas- pay tribute to Teresa Kirkeeng- Missouri in congratulating Monroe ing. Kincaid, a remarkable civil servant City on this important milestone and General Wetekam’s leadership was who dedicated her entire career to wishing them continued growth and instrumental to air and space forces making her community, the Upper Mis- success for the next 150 years.∑ engaged across a breadth of support ac- sissippi River Region and our Nation a f tivities in Operation Iraqi Freedom and better place. Teresa passed away last Operation Enduring Freedom. As the RETIREMENT OF LIEUTENANT week at the young age of 48, after a prime architect of Lean implementa- GENERAL DONALD WETEKAM courageous battle against cancer. Her tion, his guidance enabled the Air legacy, however, will continue long ∑ Mr. CHAMBLISS. Mr President, Force to increase efficiency in a re- into the future. Teresa dedicated her today I pay tribute to a great military source constrained, high operations entire professional life to working for leader, officer, and good friend, LTG tempo environment. His efforts pro- the Federal Government. Teresa joined Donald Wetekam. After 34 years of dis- vided the foundation for Air Force the U.S. Army Corps of Engineers as a tinguished and honorable service, Gen- Smart Operations 21 and the ability to civil engineer with the Rock Island eral Wetekam, the Deputy Chief of fund the recapitalization of an aging District in 1981, and continued with the Staff of the Air Force for Installations fleet and build the Air Force of tomor- Corps for 26 years. In that time, she and Logistics, will retire from the U.S. row while fighting today’s war. served in many roles, including assist- Air Force. The Nation will miss General ant chief of the planning, program and General Wetekam began his active Wetekam’s commitment to duty, project management division. duty service in 1973 after graduating ceaseless drive for improvement, and During her two and a half decades of from the U.S. Air Force Academy. As a unwavering support to the U.S. Air service, Teresa earned a reputation on career logistics officer, he commanded the Upper Mississippi Region and Force. I will miss having him in the three maintenance squadrons, a logis- U.S. Air Force, although I know he will across the Nation as a person of great tics group and a logistics center, and dedication and integrity. She played a continue to serve his Nation wherever has served staff tours at both the he goes. I know I speak on behalf of a leadership role in important projects major command and air staff levels. including formulating navigation, grateful Nation in saying thank you to General Wetekam’s noteworthy serv- General Wetekam for his years of serv- flood damage, and ecosystem restora- ice and responsibilities have been wide- tion projects throughout the entire ice and sacrifice. I hope my colleagues ly recognized. He received the Distin- will join me in wishing him well in all Upper Mississippi River basin. She was guished Service Medal, the Meritorious the ‘‘go to person’’ throughout the his future endeavors and hope that Service Medal with four oak leaf clus- those who follow in his footsteps will Corps of Engineers on numerous plan- ters, the Legion of Merit with an oak ning issues. The team she led reestab- continue his legacy of unprecedented leaf cluster, and the Air Force Com- lished the Corps’ Planning Associates support to our great Nation. Good luck mendation Medal with an oak leaf clus- ∑ program to train future planners for and Godspeed. ter. f the Corps, a legacy that will last for Prior to serving as the Deputy Chief many decades. of Staff for Installations and Logistics, TRIBUTE TO JONESBORO HIGH I had the occasion to meet Teresa General Wetekam served as Com- SCHOOL several times, and know the very high ∑ regard in which she was held by her co- mander of the Warner Robins Air Lo- Mr. CHAMBLISS. Mr. President, workers, her countless friends, and her gistics Center, at Robins Air Force today I congratulate the Jonesboro loving family. She will be missed.∑ Base, GA. He also served both as Direc- High School Mock Trial team of Clay- tor of Maintenance and Logistics and ton County, GA, for winning the 2007 f Deputy Director of Combat Weapon National High School Mock Trial RECOGNIZING MONROE CITY, Systems at Headquarters Air Combat Championships in Dallas, TX. The MISSOURI Command, Langley Air Force Base, championship consisted of 44 teams ∑ Mr. BOND. Mr. President, it is with VA; and as Director of Logistics, Head- representing 40 States, South Korea, great pleasure that I congratulate quarters Pacific Air Forces, Hickam and the North Mariana Islands. Monroe City, MO, on the 150th Anni- Air Force Base, HI. Prior to that he The mock trial program is an excel- versary of its founding. served as Vice Commander and Direc- lent experience for students, allowing Monroe City has had a long and tor, Aircraft Management Directorate them to further their understanding of proud history. The city was founded on at the Oklahoma City Air Logistics court procedure and the legal system; July 4, 1857, by E.B. Talcott and John Center, Tinker Air Force Base, OK; and to improve proficiency in basic skills Duff at a picnic where town lots were commanded the 49th Logistics Group such as listening, speaking, reading sold. In 1869 Monroe City became an in- at Holloman Air Force Base, NM. and reasoning; to promote better com- corporated town, owing its existence to General Wetekam has been a vision- munication and cooperation between the Hannibal and St. Joseph Railroad ary leader, and among his most signifi- the educational and legal community; and the Wabash Railroad. Due to the cant accomplishments, championed to provide a competitive event in an drive of the community’s many entre- initiatives including Repair Enterprise academic atmosphere; and to promote preneurs Monroe City enjoyed contin- 21, establishing a single enterprise-wide cooperation among young people of ued economic, agricultural, and struc- maintenance repair network. He was a various abilities and interests. tural growth. driving force behind the Global Logis- Jonesboro’s long journey to the na- In the early 1870s an educational sys- tics Support Center moving from a tional championships began by prac- tem was created with both public and base centric supply process to a cen- ticing 3 days a week under the tutelage parochial schools. In 1918, a Carnegie trally responsive approach to improv- of prominent judges and lawyers in Library was built that is still owned ing supply chain management. During Clayton County. The team qualified for and supported by the city of Monroe General Wetekam’s tenure, the Air the National High School Mock Trial City. Force saw the implementation of Cen- Championships by winning their fifth

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00260 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.078 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6837 Georgia State Championship, and their heritage with an annual lutefisk and force in the local economy. Washburn’s fourth in the last 6 years, defeating a meatball supper. Galesburg is noted as residents are very proud of their com- very talented Grady High School team being home to the world’s largest munity and enjoy the beautiful Mis- from Atlanta. After winning the State standing structure, the KXJB-TV mast. souri River scenery and quiet rural championship, the team turned its Many individuals travel to Galesburg lifestyle. They continue to support the focus to the national championship, in the fall to take advantage of the ex- school, churches, and many other small where the students presented their case cellent deer hunting available in that businesses in town. in front of legal professionals in a region. Mr. President, I ask the Senate to courtroom environment. The residents of Galesburg are proud join me in congratulating Washburn, En route to the final round, of their bean plant, local softball team, ND, and its residents on their first 125 Jonesboro defeated the State cham- and community-owned café. A years and in wishing them well into pionship teams from Hawaii, Idaho, yearly church bazaar and live auction the future. It is clear that Washburn Colorado, and Illinois. In the finals, brings the community together as the has a proud past and a bright future. they played the defense side against residents make homemade gifts and By honoring Washburn and all the Kalamazoo Central High School from treats to auction. The residents are en- other historic small towns of North Da- Kalamazoo, MI, in a civil case based on thusiastic about their upcoming cele- kota, we keep the pioneering frontier the tragic events in Texas City, TX, in bration and have made a Veterans Me- spirit alive for future generations. It is 1947. The team vigorously debated who morial for all individuals from Gales- places such as Washburn that have was at fault for an accident that re- burg that have served the United helped to shape this country into what sulted in the sinking of several ships, States. An exciting weekend is planned it is today, which is why it is deserving along with injuries and fatalities. that begins with a parade that will led of our recognition.∑ Jonesboro did not back down from the by a resident of Galesburg who is 106 runners-up of the 2006 competition, and years old. f they defeated Kalamazoo to bring the Mr. President, I ask the Senate to national title back to the Peach State join me in congratulating Galesburg, RECOGNIZING DAVENPORT, NORTH for the third time since 1995, and tying ND, and its residents on their first 125 DAKOTA Georgia with Iowa for the most na- years and in wishing them well in the ∑ Mr. CONRAD. Mr. President, I am tional titles in the Nation. future. By honoring Galesburg and all I would like to congratulate Kayla pleased to recognize a community in the other historic small towns of North North Dakota that will be celebrating Delgado, Lindsay Hargis, Mathew Dakota, we keep the great pioneering Mitchell, Sandra Hagans, Kyle Skin- its 125th anniversary. On June 8 to 10, frontier spirit alive for future genera- the residents of Davenport will gather ner, Lindley Curtis, Laura Parkhouse, tions. It is places such as Galesburg Braedon Orr, Brian Cunningham, Jayda to celebrate their community’s history that have helped to shape this country and founding. Hazell, Tabias Kelly, Jurod James, Joe into what it is today, which is why this Strickland, and team captain Brittne Davenport, a railroad town located in fine community is deserving of our rec- Cass County just 20 miles southwest of Walden for their hard work and accom- ognition. plishments. I would also like to extend Fargo, is a community of about 261 Galesburg has a proud past and a people. The city was founded in 1882 my gratitude to the parents and sup- bright future.∑ porters of the team for reaching out to and platted by G.F. Channing and these students and providing them f Henry D. Cooke, Jr. The post office was with the leadership and guidance to established April 6, 1882, and Davenport RECOGNIZING WASHBURN, NORTH reach their goal of a championship. was organized into a city in 1895. Chan- DAKOTA The team’s successes would not have ning named the town for Mary been possible without the guidance of ∑ Mr. CONRAD. Mr. President, I am Buckland Davenport, a friend from their teacher coaches, Anna and An- pleased today to honor a community in Massachusetts and the second wife of drew Cox, their attorney coaches, the North Dakota that is celebrating its William Claflin, who was the Governor Honorable John Carbo, the Honorable 125th anniversary. On June 14 to 17, the of Massachusetts from 1869 to 1872. Deborah Benefield, and Tasha Mosely, residents of Washburn, ND, will cele- Davenport has plenty to offer its and their student coach from Mercer brate their community’s history and residents and visitors. Young couples Law School, Katie Powers. founding. and families are drawn to Davenport as They have all made the State of Washburn is a small town in the cen- it offers an escape from the big city, Georgia proud. tral part of North Dakota with a popu- more affordable housing, and an oppor- tunity to raise children in a more rural f lation of 1,389. Despite its small size, Washburn holds an important place in setting. Businesses in Davenport in- RECOGNIZING GALESBURG, NORTH North Dakota’s history. The Lewis & clude a bar and restaurant, a beauty DAKOTA Clark Expedition spent the winter at shop, and additional home-based busi- ∑ Mr. CONRAD. Mr. President, I am Fort Mandan, near where the town nesses. The town also has a park called pleased to recognize a community in would eventually be located. Washburn Tuskind Park, named after the Dav- North Dakota that will be celebrating was founded in 1882 along the Missouri enport family that used to own the gro- its 125th anniversary. On June 23 to 24, River and named for Cadwallader cery store. the residents of Galesburg will gather Colden Washburn, a Civil War general, The 125th celebration in the town to celebrate their community’s history Congressman, and Governor of Wis- where Mayor Jason Lotzer notes, ‘‘ev- and founding. consin. ‘‘King’’ John Satterlund was erybody knows everybody,’’ will in- Galesburg is a community in Traill one of the town’s first leaders. clude a ‘‘Wagon Train,’’ karaoke, a pa- County, near the Elm River. Founded Washburn was incorporated as a city in rade, a silent auction, all school re- in 1882, Galesburg, like many small 1902 when the Soo Line Railroad came union, and a variety of activities in towns in North Dakota, began when to town. Tuskind Park. the railroad stretched across the State. Over the last 125 years, Washburn has Mr. President, I ask the Senate to The residents share a rich Scandina- remained a strong community. The en- join me in congratulating Davenport, vian background and celebrate their ergy industry provides the driving ND, and its residents on their first 125

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00261 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.061 S24MYPT1 bajohnson on PRODPC74 with SENATE S6838 CONGRESSIONAL RECORD — SENATE May 24, 2007 years and in wishing them well in the LaMoure has a variety to offer, from great Oregonian, who devoted his en- future. By honoring Davenport and all its beautiful lake and parks to tours of tire life to building and operating qual- the other historic small towns of North the Toy Farmer Museum and Hutterian ity senior housing. Beginning in 1971 in Dakota, we keep the great pioneering Brethren Colonies. Also in LaMoure, Salem, OR, Bill Colson and his father frontier spirit alive for future genera- you can tour the County Courthouse, Hugh built and operated independent tions. It is places such as Davenport which is on the National Register of living communities for seniors. The that have helped to shape this country Historical Places. The LaMoure County company they founded, Holiday Retire- into what it is today, which is why this Memorial Park, a short drive from ment Corp., earned a reputation for fine community is deserving of our rec- LaMoure, is home to the LaMoure providing middle-income seniors access ognition. County Summer Musical Theater, to outstanding housing and services. Davenport has a proud past and a which showcases local talent in a series By steadily constructing and selec- bright future.∑ of live performances throughout the tively acquiring senior housing prop- f summer. erties, Holiday Retirement Corp. grew For those who call LaMoure home, it to become the largest owner and man- RECOGNIZING PISEK, NORTH is a comfortable place to live, work, ager of senior housing in the world. DAKOTA and play. The people of LaMoure are Bill Colson and his partners, includ- ∑ Mr. CONRAD. Mr. President, I am enthusiastic about their community ing his wife Bonnie, son Bart, and Dan pleased to recognize a community in and the quality of life it offers. The Baty, Norm Brendan, Patrick Kennedy, North Dakota that will be celebrating community has a wonderful celebra- Thilo Best, Mark Burnham, the Hasso its 125th anniversary. On June 23, the tion weekend planned that includes pa- family, Bruce Thorn, and their loyal residents of Pisek will gather to cele- rades, dances, picnics, games, and employees and investors collectively brate their community’s history and much more. built and managed over 80,000 senior founding. Mr. President, I ask the Senate to living units in the United States, Can- Pisek, a railroad town located in join me in congratulating LaMoure, ada, France and United Kingdom. Walsh County, was established in 1882 ND, and its residents on their first 125 Bill Colson has been recognized as a by Frank P. Rumreich and other Czech years and in wishing them well into founding father of seniors housing by and Moravian settlers. Pisek was cho- the future. By honoring LaMoure and the American Seniors Housing Associa- sen as the name because some its the all the other historic small towns of tion, an organization he helped create settlers had come from Pisek, Czecho- North Dakota, we keep the great pio- in 1991. With his passing at age 66, Bill slovakia, and also because the commu- neering frontier spirit alive for future Colson leaves his wife, two sons, Brad nity was built near a sand ridge. Pisek generations. It is places such as and Bart, and three grandchildren, all means ‘‘sand’’ in Czech. LaMoure that have helped to shape of whom he adored. He was beloved by Pisek is home to 96 residents and sev- this country into what it is today, his family and by the thousands of em- eral small businesses. The local J-Mart which is why this fine community is ployees and residents he served so well draws customers throughout the area deserving of our recognition. over the years. I ask my colleagues to because it is known for having the best LaMoure has a proud past and a join me in recognizing Bill Colson and Christmas candy selection in the re- bright future.∑ celebrating his lifetime of achieve- gion. Pisek’s church, the St. John f ments building and operating out- Nepomucene Catholic Church, was standing housing for seniors across blessed on the feast of St. John WISCONSIN JAZZ AND HERITAGE North America and Europe. He will be Nepomucene on May 16, 1887, and today FESTIVAL remembered by those whose lives he it continues to be vital part of the ∑ Mr. KOHL. Mr. President, today I touched as a devoted family man, suc- community. The community’s celebra- honor the late Milwaukee jazz legend, cessful businessman, generous philan- tion will include a church service, a pa- Tony King. thropist, genuine friend and a great rade, a traditional Bohemian pork and Mr. Tony King was an inspiration American.∑ and mentor to all of his students dur- dumpling meal, and various afternoon f activities. An evening street dance will ing his tenure as teacher and director close the celebration. of the jazz program at the Wisconsin TRIBUTE TO JOAN MCKINNEY Mr. President, I ask the Senate to Conservatory of Music in downtown ∑ Ms. LANDRIEU. Mr. President, I join me in congratulating Pisek, ND, Milwaukee. As an accomplished pian- would like to take a moment to pay and its residents on their first 125 years ist, he not only applied his talent to tribute to Joan McKinney—journalist, and in wishing them well in the future. share beautiful music with the world, advocate for the free press and accom- By honoring Pisek and all the other but also dedicated himself to help fos- plished shag dancer—who turned 60 historic small towns of North Dakota, ter the talent of young musicians. Mr. this week, for her outstanding con- we keep the great pioneering frontier King recognized the potential and skill tributions to the State of Louisiana spirit alive for future generations. It is of his students and guided them with and to our country. places such as Pisek that have helped respect, care, and humility. Joan McKinney, originally of Green- to shape this country into what it is Mr. King’s life and legacy will be ville, SC, came to Washington in 1971 today, which is why this fine commu- celebrated this Memorial Day weekend to work on the press staff of former nity is deserving of our recognition.∑ in Milwaukee at the Second Annual Senator Fritz Hollings. As her career f Wisconsin Jazz and Heritage Festival advanced, she chose to return to jour- at Jamie’s Club Theatre. Mr. King’s nalism, and she worked for papers in RECOGNIZING LAMOURE, NORTH historic contributions to the jazz com- both Louisiana and South Carolina be- DAKOTA munity in Wisconsin are reflected in fore coming back to work here at the ∑ Mr. CONRAD. Mr. President, I am the lives and accomplishments of his Capitol, covering Washington for the pleased today to recognize a commu- former students who will return to Mil- Baton Rouge Advocate, a position she nity in North Dakota that will be cele- waukee and perform in his honor. held from 1979 to 2003. I came to know brating its 125th anniversary. On June Many teachers hope they have an im- and respect Joan in my many hallway 22 to 24, the residents of LaMoure will pact on their students’ lives and the meetings with her since I came to the gather to celebrate their community’s community in which they taught. Mr. Senate in 1997. history and founding. King’s impact will be remembered this In her tenure as the advocate’s con- LaMoure is a small town in southeast weekend in Milwaukee with sounds of gressional correspondent, Joan beat North Dakota with a population of happiness, laughter, and the music the Capitol’s marble floors and came to roughly 1,000 residents. LaMoure was that he loved so much.∑ be well respected by the Louisiana del- named in honor of Judson LaMoure, a f egation. The Members from my State legislator in the Dakota Territory gov- knew there was nothing, nothing that ernment. It is the only known commu- TRIBUTE TO WILLIAM E. COLSON could get by her. She was so skilled at nity named ‘‘LaMoure’’ in the United ∑ Mr. SMITH. Mr. President, today I asking the right questions that she was States. pay tribute to William E. Colson, a able to draw from our elected officials

VerDate Aug 31 2005 10:50 May 25, 2007 Jkt 059060 PO 00000 Frm 00262 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.025 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6839 some truly famous zingers—such as influence to the point where it is now ever given to a public library in Arkan- when former Senator Breaux in 1981, the dominant voice for Connecticut’s sas; the new Fayetteville Public Li- while still a House Member, told her cities and towns. In addition to its ad- brary is named The Blair Library in why he was voting for a particular plan vocacy work, CCM has also provided its memory of Jim’s late wife Diane Divers President Reagan was putting forth. He member municipalities with numerous Blair, his grandmother Bessie Motley said his vote could not be bought, but services, including management assist- Blair and his aunt Dr. Mary Grace it was up for rent. ance, individualized inquiry service, as- Blair. A patron of the arts, Jim estab- Joan’s work as a reporter stayed true sistance in municipal labor relations, lished a sculpture room at the Walton to the best tenets of journalism. She technical assistance and training, pol- Arts Center, donated the Anita Huff- served the people of Louisiana for a icy development, research and anal- ington sculpture ‘‘Spring’’ to the Uni- quarter of a century by informing them ysis, publications, information pro- versity of Arkansas and also donated about the personalities and policies of grams, and service programs such as the Huffington sculpture ‘‘Earth’’ to their elected representatives in Wash- workers’ compensation. These services, the Arkansas Arts Center in Little ington. provided under Mr. Cogen’s leadership, Rock. Through her work, Joan became an have helped to greatly increase the Jim Blair also has a passion for poli- expert on the intricacies of the Senate level of service the people of Con- tics and public service. He was a dele- and the Supreme Court. She has taken necticut receive from their local offi- gate to the Democratic National Con- this knowledge with her into her cur- cials. ventions of 1968, 1972, and 1980. He rent role as a member of the Senate In addition, Mr. Cogen also serves as served as campaign manager of Senator Daily Press Gallery staff. Her Senate corporate executive officer of CCM’s William J. Fulbright’s 1974 reelection acumen on the institution and its pro- Connecticut Interlocal Risk Manage- campaign, was vice president of the cedure is of great value to the report- ment Agency. This agency allows Clinton for President Committee 1992 ers roaming the gallery, cubs and vet- CCM’s member towns to pool their re- and is listed in ‘‘Who’s Who in Amer- erans alike, who rely on her for deep sources to purchase services, such as ican Politics.’’ insight about the Chamber they cover. workers’ compensation insurance, that Jim served for 10 years on the Uni- Joan, who has won reporting awards many towns might otherwise find too versity of Arkansas Board of Trustees, from the South Carolina and Louisiana expensive. including 2 years as chairman. He also press associations, is a longtime mem- Before his tenure at CCM, Mr. Cogen served for 9 years on the Arkansas ber of the 112-year-old, elite Gridiron held numerous other public service po- Board of Higher Education, with 1 year Club of newspaper writers. She was one sitions. He worked for 9 years at the as chairman. These days Jim continues of the first women to become a mem- New Haven Redevelopment Agency, his public service by serving on the ber. Her storied career as a journalist, while at the same time working as an Fayetteville Educational Foundation which earned her the respect of fellow assistant for then-mayor Richard C. Board, the Fayetteville Public Library members of the press and politicians Lee. Before that, he worked for the An- Board, the Tyson Family Foundation alike, should be an example to all as- sonia Redevelopment Agency, the New Board, the Arkansas Tennis Associa- piring women journalists. And for York State Mediation Board, and the tion Board and the Northwest Arkan- those lucky enough to gain a spot in U.S. Wage Stabilization Board. He also sas Community Foundation. the valued turf of the Senate Daily brought his skills to the U.S. Army, Mr. President, I ask that my col- Press Gallery, I know Joan will offer where, as an officer for 2 years, he han- leagues join me in congratulating them a helping hand. The smart one dled various management assignments. James Burton (Jim) Blair on his 50th will take it, and draw on the knowl- Given all of these accomplishments, I anniversary in the legal profession and edge, experience and good heart, which cannot help but think of Mr. Cogen’s many philanthropic contributions to has distinguished Joan among all who retirement in bittersweet terms. While Arkansas.∑ know her and the many more who have I am certainly happy for him and wish benefited from her years of believing in him all the best, I cannot help but f and serving the best ideals of our de- think about what a loss it will be for TRIBUTE TO FRANK BUCKLES mocracy.∑ Connecticut when he steps down. I am ∑ Mr. ROCKEFELLER. Mr. President, f sure, however, that his dedication to the State will live on in all who know today I honor the life of Frank Wood- TRIBUTE TO JOEL COGEN him and worked with him and that we ruff Buckles, a devoted American, who ∑ Mr. LIEBERMAN. Mr. President, will be left in good hands. served this country in World War I. Mr. those of us who hold elected office are Thank you, Joel Cogen. Connecticut Buckles, born in 1901 in Harrison Coun- accustomed to getting the recognition is a better place because of you and all ty, MO, is still going strong today in and praise that comes with a career in you have done.∑ West Virginia. At the age of 106, he re- sides in Charles Town, where he man- public service. However, I think all of f us would also recognize that there are ages his 330-acre farm. many equally dedicated public servants TRIBUTE TO JAMES BURTON Mr. Buckles was only 16 years old who work behind the scenes and are BLAIR when his country entered World War I. just as deserving of the public’s grati- ∑ Mr. PRYOR. Mr. President, today I After unsuccessful attempts to join the tude and recognition. I rise today to honor a man who has given so much of Marines and the Navy, Mr. Buckles honor one such public servant. himself to public service, the State of contacted the Army. He claimed that In June, Joel Cogen, the executive di- Arkansas and the legal community. birth certificates had not been issued rector and general counsel of the Con- In 1957, James Burton (Jim) Blair in Missouri at the time of his birth and necticut Conference of Municipalities, was admitted to practice law in Arkan- started his training at Fort Riley, KS, will retire after 41 years at CCM. Mr. sas. A successful attorney, he was the where many soldiers were ill with in- Cogen’s retirement marks the end of a only general counsel that Tyson Foods fluenza. With an irrepressible desire to highly distinguished career in public had in the 20th century as the company serve his country, Mr. Buckles joined service, one in which he became a fix- grew from a regional poultry company the Army Ambulance Service and went ture in Connecticut politics. to the second largest food producer in overseas, first to England and France. Mr. Cogen has been with CCM since the Fortune 500. Later, Mr. Buckles became an escort its inception in 1966 and has been its Jim Blair has shared his success with for German prisoners of war. executive director since 1968. With Mr. contributions to his lifelong hometown Upon his return from Europe, Mr. Cogen at the helm, CCM, an organiza- of Fayetteville, The University of Ar- Buckles held various jobs. He accepted tion dedicated to both advocating for kansas, and the State that we both call a position with White Star Line Steam- the interests of Connecticut municipal home. He has contributed to the edu- ship Company, which took him to To- governments and promoting efficiency cation of others by establishing funds ronto, Canada. In 1921, he put his busi- and responsiveness within municipal and chairs at the University of Arkan- ness education to use at Bankers Trust government, has grown in both size and sas. He gave the largest private gift Company in New York City.

VerDate Aug 31 2005 10:26 May 25, 2007 Jkt 059060 PO 00000 Frm 00263 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.023 S24MYPT1 bajohnson on PRODPC74 with SENATE S6840 CONGRESSIONAL RECORD — SENATE May 24, 2007 Mr. Buckles eventually realized that this milestone anniversary and wish continued prosperity in the years to he cared most for the steamship indus- them continued prosperity in the years come.∑ ∑ try. While he was employed by Grace to come. f Line, he traveled along the western f coast of South America. In 1940, the MESSAGES FROM THE PRESIDENT American President Lines had a task RECOGNIZING ESTELLINE, SOUTH Messages from the President of the for him in Manila—Mr. Buckles found DAKOTA United States were communicated to himself trapped in the Philippines ∑ Mr. THUNE. Mr. President, today I the Senate by Mr. Williams, one of his when the Japanese invaded in Decem- recognize Estelline, SD. The town of secretaries. ber of the following year. He spent 31⁄2 Estelline will celebrate the 125th f years in Japanese prison camps, until anniversaty of its founding this year. on February 23, 1945, a subsection of Located in Hamlin County, Estelline EXECUTIVE MESSAGES REFERRED the 11th Airborne Division freed Mr. was founded in 1882. The community’s As in executive session the Presiding Buckles and 2,147 other prisoners in a folklore explains that the town was Officer laid before the Senate messages daring raid on the Los Banes prison named after the daughter of one of its from the President of the United camp. early resident’s; however, they just do States submitting sundry nominations After his liberation from Los Banes, not know which one. It was either the which were referred to the appropriate Mr. Buckles returned to the United daughter of a prominent landowner, committees. States. He married Audrey Mayo, a D.J. Spalding, or of Judge Granville (The nominations received today are young lady, whom he had known before Bennett. This story is just another ex- printed at the end of the Senate pro- the war and in 1954, they settled down ample of the rich history that can be ceedings.) on the Gap View Farm in West Vir- found in South Dakota’s rural commu- f ginia. nities. Over the past 125 years, On this same farm, Mr. Buckles has Estelline has been a successful and MESSAGES FROM THE HOUSE remained mentally sharp and phys- thriving community and I am con- At 2:15 p.m., a message from the ically active. Up to the age of 105, he fident that it will continue to serve as House of Representatives, delivered by drove cars and tractors on his farm. an example of South Dakota values and Ms. Niland, one of its reading clerks, Nowadays, he reads from his vast book traditions for the next 125 years. announced that the House has passed collection and enjoys the company of It gives me great pleasure to rise the following bills, in which it requests his daughter, Susannah Flanagan, who with the citizens of Estelline in cele- the concurrence of the Senate: came to live with him after his wife brating their 125th anniversary and H.R. 67. An act to amend title 38, United passed away in 1999. wish them continued success in the Today, Mr. Buckles is one of three States Code, to improve the outreach activi- years to come.∑ ties of the Department of Veterans Affairs, living World War I veterans in the f and for other purposes. United States, and his dedication and H.R. 612. An act to amend title 38, United courage have not been overlooked in RECOGNIZING ONAKA, SOUTH States Code, to extend the period of eligi- our Nation’s Capital. In 1999, Mr. Buck- DAKOTA bility for health care for combat service in les was presented with the French Le- the Persian Gulf War or future hostilities ∑ Mr. THUNE. Mr. President, today I gion of Honor at the French Embassy from two years to five years after discharge recognize Onaka, SD. The town of in Washington, DC. On May 28, 2007, or release. Onaka will celebrate the 100th anniver- Mr. Buckles will represent his fellow H.R. 1100. An act to revise the boundary of sary of its founding this year. the Carl Sandburg Home National Historic World War I veterans as a Grand Mar- Located in Faulk County, Onaka was Site in the State of North Carolina, and for shall at the National Memorial Day founded in 1907. Onaka has been a suc- other purposes. Parade. cessful and thriving community for the H.R. 1252. An act to protect consumers We must cherish our last links to past 100 years and I am confident that from price-gouging of gasoline and other World War I. In the same vein, we owe fuels, and for other purposes. it will continue to serve as an example Mr. Buckles and all the men and H.R. 1427. An act to reform the regulation of South Dakota values and traditions women, who have served our country, a of certain housing-related Government-spon- for many years to come. great debt of gratitude. sored enterprises, and for other purposes. I ask the Senate to join me today in I would like to offer my congratula- H.R. 1470. An act to amend the Department of Veterans Affairs Health Care Programs commending Frank Buckles, an Amer- tions to the citizens of Onaka on this milestone anniversary and wish them Enhancement Act of 2001 to require the pro- ican whose service to our country de- vision of chiropractic care and services to serves recognition.∑ continued prosperity in the years to come.∑ veterans at all Department of Veterans Af- f fairs medical centers. f H.R. 1660. An act to direct the Secretary of RECOGNIZING CASTLEWOOD, Veterans Affairs to establish a national cem- SOUTH DAKOTA RECOGNIZING PHILIP, SOUTH etery for veterans in the southern Colorado ∑ Mr. THUNE. Mr. President, today I DAKOTA region. recognize Castlewood, SD. The town of ∑ Mr. THUNE. Mr. President, today I H.R. 2199. An act to amend title 38, United recognize Philip, SD. The town of Phil- States Code, to direct the Secretary of Vet- Castlewood will celebrate the 125th an- erans Affairs to provide certain improve- niversary of its founding this year. ip will celebrate the 100th anniversary ments in the treatment of individuals with Located in Hamlin County, of its founding this year. traumatic brain injuries, and for other pur- Castlewood was founded in 1882 when Located in Haakon County, Philip poses. the Chicago and Northwestern railroad was founded in 1907 with the arrival of H.R. 2239. An act to amend title 38, United placed a turntable near the location of the Chicago and Northwestern Rail- States Code, to expand eligibility for voca- the present day town. According to the road. It was named after James ‘‘Scot- tional rehabilitation benefits administered town’s folklore, the first train that ty’’ Philip, a local rancher who was by the Secretary of Veterans Affairs. passed through had an engineer named known for his efforts to preserve the H.R. 2429. An act to amend title XVIII of the Social Security Act to provide an excep- Castle and a conductor named Wood, buffalo population from extinction. tion to the 60-day limit on Medicare recip- hence the town was named Philip has been a successful and thriv- rocal billing arrangements between two phy- ‘‘Castlewood.’’ Since its beginning, ing community for the past 100 years sicians during the period in which one of the Castlewood has been a successful and and I am confident that it will con- physicians is ordered to active duty as a thriving community and I am con- tinue to serve as an example of South member of a reserve component of the fident that it will continue to serve as Dakota values and traditions for the Armed Forces. an example of South Dakota values and next 100 years. The message also announced that traditions for the next 125 years. I would like to offer my congratula- pursuant to 46 U.S.C. 51312(b), and the I would like to offer my congratula- tions to the citizens of Philip on this order of the House of January 4, 2007, tions to the citizens of Castlewood on milestone anniversary and wish them the Speaker appoints the following

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00264 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.080 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6841 Members of the House of Representa- Enhancement Act of 2001 to require the pro- pursuant to law, the report of a rule entitled tives to the Board of Visitors to the vision of chiropractic care and services to ‘‘Approval and Promulgation of Air Quality United States Merchant Marine Acad- veterans at all Department of Veterans Af- Implementation Plans; Ohio; Control of Gas- fairs medical centers; to the Committee on oline Volatility’’ (FRL No. 8318–3) received emy: Mrs. MCCARTHY of New York and Veterans’ Affairs. on May 23, 2007; to the Committee on Envi- Mr. KING of New York. H.R. 1660. An act to direct the Secretary of ronment and Public Works. Veterans Affairs to establish a national cem- EC–2050. A communication from the Prin- At 2:58 p.m., a message from the etery for veterans in the southern Colorado cipal Deputy Associate Administrator, Office House of Representatives, delivered by region; to the Committee on Veterans’ Af- of Policy, Economics and Innovation, Envi- Ms. Niland, one of its reading clerks, fairs. ronmental Protection Agency, transmitting, announced that the House has agreed H.R. 2199. An act to amend title 38, United pursuant to law, the report of a rule entitled to the following concurrent resolution, States Code, to direct the Secretary of Vet- ‘‘Approval and Promulgation of Implementa- in which it requests the concurrence of erans Affairs to provide certain improve- tion Plans; Georgia; Enhanced Inspection and Maintenance Plan’’ (FRL No. 8318–1) re- the Senate: ments in the treatment of individuals with traumatic brain injuries, and for other pur- ceived on May 23, 2007; to the Committee on H. Con. Res. 158. Concurrent resolution poses; to the Committee on Veterans’ Af- Environment and Public Works. providing for a conditional adjournment of fairs. EC–2051. A communication from the Prin- the House of Representatives and a condi- H.R. 2239. An act to amend title 38, United cipal Deputy Associate Administrator, Office tional adjournment of the Senate. States Code, to expand eligibility for voca- of Policy, Economics and Innovation, Envi- f tional rehabilitation benefits administered ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled ENROLLED BILL SIGNED by the Secretary of Veterans Affairs; to the Committee on Veterans’ Affairs. ‘‘Approval and Promulgation of Implementa- tion Plans; State of Florida; Prevention of At 5:27 p.m., a message from the H.R. 2429. An act to amend title XVIII of Significant Deterioration Requirements for House of Representatives, delivered by the Social Security Act to provide an excep- Power Plants Subject to the Florida Power tion to the 60-day limit on Medicare recip- Ms. Brandon, one of its reading clerks, Plant Siting Act’’ (FRL No. 8317–8) received rocal billing arrangements between two phy- announced that the Speaker has signed on May 23, 2007; to the Committee on Envi- sicians during the period in which one of the the following enrolled bill: ronment and Public Works. physicians is ordered to active duty as a H.R. 988. An act to designate the facility of EC–2052. A communication from the Prin- member of a reserve component of the cipal Deputy Associate Administrator, Office the United States Postal Service located at Armed Forces; to the Committee on Finance. 5757 Tilton Avenue in Riverside, California, of Policy, Economics and Innovation, Envi- as the ‘‘Lieutenant Todd Jason Bryant Post f ronmental Protection Agency, transmitting, Office’’: pursuant to law, the report of a rule entitled MEASURES READ THE FIRST TIME ‘‘Approval and Promulgation of Implementa- The enrolled bill was subsequently The following joint resolution was tion Plans; State of Kansas’’ (FRL No. 8318– signed by the President pro tempore read the first time: 6) received on May 23, 2007; to the Committee (Mr. BYRD). on Environment and Public Works. S.J. Res. 14. Joint resolution expressing EC–2053. A communication from the Prin- At 7:14 p.m., a message from the the sense of the Senate that Attorney Gen- cipal Deputy Associate Administrator, Office House of Representatives, delivered by eral Alberto Gonzales no longer holds the of Policy, Economics and Innovation, Envi- Ms. Chiappardi, one of its reading confidence of the Senate and of the Amer- ronmental Protection Agency, transmitting, ican people. clerks, announced that the House pursuant to law, the report of a rule entitled agrees to the amendment of the Senate f ‘‘Approval and Promulgation of Implementa- tion Plans; State of Missouri’’ (FRL No. 8318– to the bill (H.R. 2206) making emer- EXECUTIVE AND OTHER 8) received on May 23, 2007; to the Committee gency supplemental appropriations and COMMUNICATIONS on Environment and Public Works. additional supplemental appropriations EC–2054. A communication from the Prin- The following communications were for agricultural and other emergency cipal Deputy Associate Administrator, Office laid before the Senate, together with assistance for the fiscal year ending of Policy, Economics and Innovation, Envi- accompanying papers, reports, and doc- September 30,2007, and for other pur- ronmental Protection Agency, transmitting, uments, and were referred as indicated: pursuant to law, the report of a rule entitled poses, with an amendment, in which it ‘‘Revisions to the California State Imple- requests the concurrence of the Senate. EC–2046. A communication from the Assist- ant Legal Adviser, Office of Treaty Affairs, mentation Plan, San Joaquin Valley Unified f Department of State, transmitting a letter Air Pollution Control District’’ (FRL No. 8315–9) received on May 23, 2007; to the Com- MEASURES REFERRED stating that an exchange of notes stamped ‘‘for your information’’ enclosed in Treaty mittee on Environment and Public Works. EC–2055. A communication from the Chief, The following bills were read the first Doc. 109–20, the Protocol Amending the Con- Trade and Commercial Regulations Branch, and the second times by unanimous vention Between the United States of Amer- Department of Homeland Security, transmit- consent, and referred as indicated: ica and the Federal Republic of Germany for ting, pursuant to law, the report of a rule en- the Avoidance of the Double Taxation and H.R. 67. An act to amend title 38, United titled ‘‘Dominican Republic — Central Amer- the Prevention of Fiscal Evasion with Re- States Code, to improve the outreach activi- ica — United States Free Trade Agreement’’ spect to Taxes on Income and Capital and to ties of the Department of Veterans Affairs, (RIN1505–AB64) received on May 23, 2007; to Certain Other Taxes, corrects that Protocol, and for other purposes; to the Committee on the Committee on Finance. Veterans’ Affairs. and requesting that the Senate give its ad- EC–2056. A communication from the Assist- H.R. 612. An act to amend title 38, United vice and consent to the Protocol as corrected ant Secretary, Office of Legislative Affairs, States Code, to extend the period of eligi- by that exchange of notes; to the Committee Department of State, transmitting, pursuant bility for health care for combat service in on Foreign Relations. to law, the report of a recommendation to the Persian Gulf War or future hostilities EC–2047. A communication from the Assist- continue the waiver of application of Sub- from two years to five years after discharge ant Secretary, Office of Legislative Affairs, sections (a) and (b) of Section 402 of the Act or release; to the Committee on Veterans’ Department of State, transmitting, pursuant to Belarus for one year; to the Committee on Affairs. to law, the certification of a proposed license Finance. H.R. 1100. An act to revise the boundary of for the export of defense services related to EC–2057. A communication from the Ad- the Carl Sandburg Home National Historic the Rolling Airframe Missile MK 31 Guided ministrator, Office of Foreign Labor Certifi- Site in the State of North Carolina, and for Missile Weapon System in the amount of cation, Department of Labor, transmitting, other purposes; to the Committee on Energy $50,000,000 or more to Korea; to the Com- pursuant to law, the report of a rule entitled and Natural Resources. mittee on Foreign Relations. ‘‘Labor Certification for the Permanent Em- H.R. 1252. An act to protect consumers EC–2048. A communication from the Ad- ployment of Aliens in the United States; Re- from price-gouging of gasoline and other ministrator, Risk Management Agency, De- ducing the Incentives and Opportunities for fuels, and for other purposes; to the Com- partment of Agriculture, transmitting, pur- Fraud and Abuse and Enhancing Program In- mittee on Commerce, Science, and Transpor- suant to law, the report of a rule entitled tegrity’’ (RIN1205–AB42) received on May 23, tation. ‘‘Common Crop Insurance Regulations; Mint 2007; to the Committee on Health, Education, H.R. 1427. An act to reform the regulation Crop Insurance Provisions’’ (RIN0563–AC03) Labor, and Pensions. of certain housing-related Government-spon- received on May 23, 2007; to the Committee EC–2058. A communication from the Chair- sored enterprises, and for other purposes; to on Agriculture, Nutrition, and Forestry. man, Federal Energy Regulatory Commis- the Committee on Banking, Housing, and EC–2049. A communication from the Prin- sion, transmitting, pursuant to law, the Urban Affairs. cipal Deputy Associate Administrator, Office Commission’s annual report for calendar H.R. 1470. An act to amend the Department of Policy, Economics and Innovation, Envi- year 2006; to the Committee on Homeland Se- of Veterans Affairs Health Care Programs ronmental Protection Agency, transmitting, curity and Governmental Affairs.

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00265 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.106 S24MYPT1 bajohnson on PRODPC74 with SENATE S6842 CONGRESSIONAL RECORD — SENATE May 24, 2007 EC–2059. A communication from the Ad- their body of expertise relative to managing tims cope with grief through a variety of ministrator, Environmental Protection both desert bighorn sheep and mountain support services, including counseling, crisis Agency, transmitting, pursuant to law, the lions, and immediate management action is intervention, professional referrals, and as- Inspector General’s Semiannual Report for needed to secure the health and viability of sistance in dealing with the criminal justice the period from October 1, 2006 through the Kofa desert bighorn sheep population. system; and March 31, 2007; to the Committee on Home- Wherefore your memorialist, the House of Whereas, POMC was formed in 1978 by Rob- land Security and Governmental Affairs. Representatives of the State of Arizona, the ert and Charlotte Hullinger after the tragic EC–2060. A communication from the Direc- Senate concurring, prays: murder of their daughter, Lisa, on Sep- tor, National Legislation Commission, 1. That the United States Congress take tember 25 of that year; and American Legion, transmitting, pursuant to immediate action to reaffirm the Arizona Whereas, POMC has grown from only five law, a report relative to the financial condi- Game and Fish Department’s position as the parents at the first meeting of the organiza- tion of the Legion as of December 31, 2006; to leading agency in the management of non- tion in Cincinnati, Ohio, in 1978 to over the Committee on the Judiciary. migratory and nonendangered state wildlife. 100,000 members in more than 300 chapters 2. That the Arizona Game and Fish Com- f worldwide; and mission employ, without any unnecessary Whereas, POMC membership is open to PETITIONS AND MEMORIALS delays, burdens or obstacles, all management anyone who has suffered the murder of a The following petitions and memo- tools and measures necessary to recover the loved one and to professionals who are in fre- Kofa National Wildlife Refuge desert bighorn rials were laid before the Senate and quent contact with survivors of murder vic- sheep population, including the management tims; and were referred or ordered to lie on the of predators, water developments, human Whereas, POMC provides comfort and table as indicated: intervention and the potential for disease vital, ogoing assistance to countless loved POM–97. A resolution adopted by the City epizootics. ones of murder victims; and Commission of Sunny Isles Beach, Florida, 3. That the Secretary of State of the State Whereas, POMC helps guide families of requesting fair treatment for Haitian asylum of Arizona transmit copies of this Memorial murder victims through the process of pur- seekers who recently arrived ashore in Hal- to the President of the United States Senate, suing justice in the criminal justice system, landale Beach, Florida; to the Committee on the Speaker of the United States House of which can be an overwhelming experience for the Judiciary. Representatives, each Member of Congress grieving loved ones; and POM–98. A concurrent resolution adopted from the State of Arizona and the Director Whereas, POMC has designated September by the House of Representatives of the State of the Arizona Game and Fish Department. 25 of each year as a National Day of Remem- of Arizona urging Congress to take imme- POM–99. A concurrent resolution adopted brance for Murder Victims; and diate action to allow the Arizona Game and by the Senate of the State of Arizona urging Whereas, the designation of a National Day Fish Commission to recover the Kofa Na- Congress to repeal federal tax withholding of Remembrance for Murder Victims pro- tional Wildlife Refuge desert bighorn sheep on certain payments made by government vides an opportunity for the people of the population; to the Committee on Energy and agencies; to the Committee on Finance. United States to honor the memories of mur- Natural Resources. SENATE CONCURRENT MEMORIAL 1001 der victims: therefore, be it Resolved that the Legislature of Louisiana HOUSE CONCURRENT MEMORIAL 2008 Whereas, section 511 of the Tax Increase does hereby memorialize the United States Whereas, the Kofa National Wildlife Ref- Prevention and Reconciliation Act of 2005 Congress to take such actions as are nec- uge was created primarily in response to imposes on certain governmental agencies essary to support the goals and ideals of a concerns for historic declines in desert big- the duty to withhold and remit income taxes National Day of Remembrance for Murder horn populations throughout the west, and on certain payments for providers of services Victims and to recognize the significant ben- the refuge is critical to the health of desert or property; and efits that Parents of Murdered Children, Inc., bighorn sheep; and Whereas, many providers of covered trans- provides to the loved ones of murder victims, Whereas, the Kofa National Wildlife Ref- actions may be in marginal businesses with be it further uge desert bighorn sheep population has de- little or no federal income tax liability, Resolved that a copy of this Resolution be clined from 812 sheep in 2000 to 390 sheep in thereby forcing an interest-free loan to the transmitted to the presiding officers of the 2006, as documented through extrapolation of federal government by the businesses that Senate and the House of Representatives of data from surveys conducted by the Arizona can least afford them; and the Congress of the United States of America Game and Fish Commission and the Kofa Na- Whereas, section 511 places an undue bur- and to each member of the Louisiana con- tional Wildlife Refuge; and den on governmental agencies, creating yet gressional delegation. Whereas, the Kofa National Wildlife Ref- another unfunded mandate to state and local uge is the primary source of desert bighorn governments; and f Whereas, the Internal Revenue Service is sheep, mexicana subspecies, throughout the REPORTS OF COMMITTEES southwestern portion of the United States; barely able to cope with the current level of and tracking of withholding payments, much less The following reports of committees Whereas, the Kofa National Wildlife Ref- handle the exponential increase in such pay- were submitted: uge has served as the primary resource for ments that section 511 creates; and By Mr. INOUYE, from the Committee on Whereas, this withholding scheme will in- repatriation of desert bighorn sheep to Commerce, Science, and Transportation, evitably lead to endless disputes between mountain ranges in Arizona, Texas, New with an amendment in the nature of a sub- governmental agencies and their service pro- Mexico and Colorado and has repatriated at stitute: least 513 desert bighorn sheep in 25 of the viders over billing and account balances. S. 924. A bill to strengthen the United Wherefore your memorialist, the Senate of past 49 years since transplanting began: and States Coast Guard’s Integrated Deepwater the State of Arizona, the House of Rep- Whereas, the decline in the Kofa National Program (Rept. No. 110-72). resentatives concurring, prays: Wildlife Refuge sheep herd coincides with pe- By Mr. LEAHY, from the Committee on 1. That the Congress of the United States riods of drought and a known increase in the the Judiciary, without amendment: repeal section 511 of the Tax Increase Pre- resident population of mountain lions on the S. 368. A bill to amend the Omnibus Crime vention and Reconciliation Act of 2005, codi- Kofa National Wildlife Refuge; and Control and Safe Streets Act of 1968 to en- fied as section 3402(t) of the Internal Rev- Whereas, the current population of Kofa hance the COPS ON THE BEAT grant pro- desert bighorn sheep is inadequate to sup- enue Code. 2. That the Secretary of State of the State gram, and for other purposes (Rept. No. 110- port continuing repatriation; and of Arizona transmit copies of this Memorial 73). Whereas, failure to take immediate action By Mr. BYRD, from the Committee on Ap- to the President of the United States, the will likely result in further decline and propriations: threaten the viability of the Kofa herd,; and President of the United States Senate, the Special Report entitled ‘‘Allocations to Whereas, the Arizona Game and Fish Com- Speaker of the United States House of Rep- Subcommittee of Budget Totals’’ (Rept. No. mission has a trust responsibility under title resentatives and each Member of Congress 110-74). 17, Arizona Revised Statutes, to manage all from the State of Arizona. By Mr. LEAHY, from the Committee on wildlife in Arizona; and POM–100. A concurrent resolution adopted the Judiciary, with an amendment in the na- Whereas, although the United States Fish by the House of Representatives of the State ture of a substitute: and Wildlife Service is mandated to manage of Louisiana urging Congress to take such H.R. 740. A bill to amend title 18, United the natura1 resources of the Kofa National actions as are necessary to support the goals States Code, to prevent caller ID spoofing, Wildlife Refuge, the National Wildlife Refuge and ideals of a National Day of Remem- and for other purposes. System Improvement Act of 1997 which pro- brance for Murder Victims; to the Com- By Mr. LEAHY, from the Committee on vides that the Secretary of the Interior shall mittee on the Judiciary. the Judiciary, without amendment and with ensure effective coordination, interaction HOUSE CONCURRENT RESOLUTION NO. 61 a preamble: and cooperation with the fish and wildlife Whereas, the death of a child is a dev- H. Con. Res. 76. A concurrent resolution agency of the states in which the units of the astating experience, and the murder of a honoring the 50th Anniversary of the Inter- system are located; and child is exceptionally difficult; and national Geophysical Year (IGY) and its past Whereas, the Arizona Game and Fish Com- Whereas, Parents of Murdered Children, contributions to space research, and looking mission and Department are recognized for Inc., (POMC) helps families of murder vic- forward to future accomplishments.

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00266 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.109 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6843 By Mr. BIDEN, from the Committee on have asked each of these persons to inform Contributions, Amount, Date, Donee: Foreign Relations, without amendment and me of the pertinent contributions made by 1. Self: none. with a preamble: them. To the best of my knowledge, the in- 2. Spouse: none. S. Res. 110. A resolution expressing the formation contained in this report is com- 3. Children and spouses: Jason R. Keith, sense of the Senate regarding the 30th Anni- plete and accurate.) none; John J. Keith, none; Scott C. Keith, versary of ASEAN-United States dialogue Contributions, Amount, Date, Donee: none; Emily A. Keith, none; Andrew J. Keith, and relationship. 1. Self: $25.00, 2003, Mike Clancy. none; Elizabeth M. Keith, none. S. Res. 211. A resolution expressing the 2. Spouse: Judith, none. 4. Parents: Robert M. Keith, none; Lillian profound concerns of the Senate regarding 3. Children: Kaia Lucinda Marquardt, none; F. Keith, none. the transgression against freedom of thought Kelsey Scoles,none; Torrin Allina, none; 5. Grandparents: Lula Moran, deceased; and expression that is being carried out in Yannika Nielsen, none. Aubrey Moran, deceased. Venezuela, and for other purposes. 4. Parents: Helen Marquardt, none; Robert 6. Brothers and spouses: n/a. By Mr. LEAHY, from the Committee on Marquardt, (deceased). 7. Sisters and spouses: Ms. Sherry L. Keith, the Judiciary, without amendment: 5. Grandparents: Charles & Inga Nielsen, none. S. 1327. A bill to create and extend certain Frank & Gurina Marquardt, all deceased. *Miriam K. Hughes, of Florida, a Career temporary district court judgeships. 6. Brothers and spouses: no brothers. Member of the Senior Foreign Service, Class By Mr. BIDEN, from the Committee on 7. Sisters and spouses: Jack and Inga Can- of Minister-Counselor, to be Ambassador Ex- Foreign Relations, without amendment and field, $200, 2006, Louise Capps; $500, 2006, traordinary and Plenipotentiary of the with a preamble: Peace Alliance; Gene and Lucinda Scalco, United States of America to the Federated S. Con. Res. 25. A concurrent resolution none. States of Micronesia. condemning the recent violent actions of the *Janet E. Garvey, of Massachusetts, a Ca- Nominee: Miriam K. Hughes. Government of Zimbabwe against peaceful reer Member of the Senior Foreign Service, Post: Micronesia. opposition party activists and members of Class of Minister-Counselor, to be Ambas- (The following is a list of all members of civil society. sador Extraordinary and Plenipotentiary of my immediate family and their spouses. I f the United States of America to the Republic have asked each of these persons to inform of Cameroon. me of the pertinent contributions made by EXECUTIVE REPORTS OF Nominee: Janet E. Garvey. them. To the best of my knowledge, the in- COMMITTEES Post: Yaounde, Cameroon. formation contained in this report is com- The following executive reports of (The following is a list of all members of plete and accurate.) my immediate family and their spouses. I Contributions, Amount, Date, Donee:. nominations were submitted: have asked each of these persons to inform 1. Self: none. By Mr. INOUYE for the Committee on me of the pertinent contributions made by 2. Spouse: not applicable. Commerce, Science, and Transportation. them. To the best of my knowledge, the in- 3. Children and spouses: Jordana Hughes *Charles Darwin Snelling, of Pennsylvania, formation contained in this report is com- Tynan, none; Matthew Tynan, none. to be a Member of the Board of Directors of plete and accurate.) 4. Parents: Dr. and Mrs. Robert Kahal, the Metropolitan Washington Airports Au- Contributions, Amount, Date, Donee: none. thority for a term expiring May 30, 2012. 1. Self: none. 5. Grandparents: deceased. By Mr. BIDEN for the Committee on For- 2. Spouse: n/a. 6. Brothers and spouses: Matthew and eign Relations. 3. Children and spouses: n/a. Candace Kahal, none; Lawrence and Marie *Mark P. Lagon, of Virginia, to be Director 4. Parents: Thomas F., deceased; Anne B., Kahal, none. of the Office to Monitor and Combat Traf- deceased. 7. Sisters and spouses: none. ficking, with the rank of Ambassador at 5. Grandparents: Paternal: Thomas Garvey, *Ravic Rolf Huso, of Hawaii, a Career Large. deceased; Helen Garvey, deceased; Maternal: Member of the Senior Foreign Service, Class *James K. Glassman, of Connecticut, to be Paul Cifrino, deceased; Mary Cifrino, de- of Minister-Counselor, to be Ambassador Ex- Chairman of the Broadcasting Board of Gov- ceased. traordinary and Plenipotentiary of the ernors. United States of America to the Lao People’s *James K. Glassman, of Connecticut, to be 6. Brothers and spouses, none. 7. Sisters and spouses: Anne F. Oliveira and Democratic Republic. a Member of the Broadcasting Board of Gov- George R. Oliveira, none; Kathleen A. Gar- Nominee: Ravic Rolf Huso. ernors for a term expiring August 13, 2007. Post: U.S. Embassy Vientiane Laos. *Phillip Carter, III, of Virginia, a Career vey and Douglas G. Walton; none. (The following is a list of all members of Member of the Senior Foreign Service, Class *Cameron R. Hume, of New York, a Career my immediate family and their spouses. I of Counselor, to be Ambassador Extraor- Member ofthe Senior Foreign Service, Class have asked each of these persons to inform dinary and Plenipotentiary of the United of Career Minister, to be Ambassador Ex- me of the pertinent contributions made by States of America to the Republic of Guinea. traordinary and Plenipotentiary of the Nominee Phillip Carter, III. United States of America to the Republic of them. To the best of my knowledge, the in- Post Conakry, Guinea. Indonesia. formation contained in this report is com- (The following is a list of all members of Nominee: Cameron R. Hume. plete and accurate.) my immediate family and their spouses. I Post: Indonesia. Contributions, Amount, Date, Donee: have asked each of these persons to inform (The following is a list of all members of 1. Self: none. me of the pertinent contributions made by my immediate family and their spouses. I 2. Spouse: Barbara Ann Huso, none. them. To the best of my knowledge, the in- have asked each of these persons to inform 3. Children and spouses: Natalie M. Huso, formation contained in this report is com- me of the pertinent contributions made by none. 4. Parents: Michela Maria Huso, none; Rolf plete and accurate.) them. To the best of my knowledge, the in- Contributions, Amount, Date, Donee: formation contained in this report is com- Jerome Huso, none. 1. Self: none. plete and accurate.) 5. Grandparents: deceased. 2. Spouse: none. Contributions, Amount, Date, Donee: 6. Brothers and spouses: n/a. 3. Children and spouses: Justin M. Carter, 1. Self: none. 7. Sisters and spouses: Manuela Huso and none; Andrew N. Carter, none. 2. Spouse: none. Richard Brainerd, 2006—$25.00, 12/08/06, Sierra 4. Parents: Hortencia Carter, none. 3. Children and spouses: None. Club; $35.00, 10/12/06, American Civil Liberties 5. Grandparents: N/A. 4. Parents: none. Union; $40.00, 09/07/06, Oregon Natural Re- 6. Brothers and spouses: David and Nicole 5. Grandparents: none. sources Council; $30.00, 06/16/06, Oregon Stu- Carter, none. 6. Brothers and spouses: Duncan B. Hume, dents Political Interest Group; $35.00, 03/24/06, 7. Sisters and spouses: Melissa A. Carter, $200 per annum, 1994–1996, local republican National Abortion Rights Action League; none. candidate, Ridgefield, CT. $50.00, 03/10/06, Move On Org Political Action; *R. Niels Marquardt, of California, a Ca- 7. Sisters and spouses: none. $40.00, 03/08/06, Sierra Club; 2005—$100.00, 12/29/ reer Member of the Senior Foreign Service, *James R. Keith, of Virginia, a Career 05, Alan Zelenka for City Council; $30.00, 06/ Class of Minister-Counselor, to be Ambas- Member of the Senior Foreign Service, Class 21/05, Oregon Students Political Interest sador Extraordinary and Plenipotentiary of of Minister-Counselor, to be Ambassador Ex- Group; $15.00, 05/19/05, Planned Parenthood the United States of America to the Republic traordinary and Plenipotentiary of the Action Fund; $35.00, 04/18/05, Oregon Natural of Madagascar, and to serve concurrently United States of America to Malaysia. Resources Council; $35.00, 02/01/05, National and without additional compensation as Am- Nominee: James Keith. Abortion Rights Action League; 2004—25.00, bassador Extraordinary and Plenipotentiary Post: Kuala Lumpur. 06/25/04, Human Rights Campaign; $40.00, 04/ of the United States of America to the Union (The following is a list of all members of 09/04, Sierra Club; $47.00, 03/16/04, Sierra Club; of Comoros. my immediate family and their spouses. I 2003—$50.00, 11/15/03, 1000 Friends of Oregon; Nominee: R. Niels Marquardt. have asked each of these persons to inform $35.00; 7/31/03, Oregon Natural Resources Post: U.S. Ambassador to Madagascar and me of the pertinent contributions made by Council; $39.00, 01/23/03, Sierra Club; Total: the Comoros. them. To the best of my knowledge, the in- $706.00; Renata Beck and Joseph Beck, none. (The following is a list of all members of formation contained in this report is com- *Hans G. Klemm, of Michigan, a Career my immediate family and their spouses. I plete and accurate.) Member of the Senior Foreign Service, Class

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00267 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.113 S24MYPT1 bajohnson on PRODPC74 with SENATE S6844 CONGRESSIONAL RECORD — SENATE May 24, 2007 of Minister-Counselor, to be Ambassador Ex- and second times by unanimous con- S. 1478. A bill to provide lasting protection traordinary and Plenipotentiary of the sent, and referred as indicated: for inventoried roadless areas within the Na- United States of America to the Democratic tional Forest System; to the Committee on By Mr. SUNUNU (for himself and Mr. Republic of Timor-Leste. Energy and Natural Resources. JOHNSON): Nominee: Hans George Klemm. S. 40. A bill to authorize the issuance of By Mr. SCHUMER (for himself and Mr. Post: U.S. Embassy Dili, East Timor. Federal charters and licenses for carrying on LEAHY): (The following is a list of all members of S. 1479. A bill to improve the oversight and my immediate family and their spouses. I the sale, solicitation, negotiation, and un- derwriting of insurance or any other insur- regulation of tissue banks and the tissue do- have asked each of these persons to inform nation process, and for other purposes; to the me of the pertinent contributions made by ance operations, to provide a comprehensive system for the Federal regulation and super- Committee on Health, Education, Labor, and them. To the best of my knowledge, the in- vision of national insurers and national Pensions. formation contained in this report is com- agencies, to provide for policyholder protec- By Mrs. CLINTON: plete and accurate.) S. 1480. A bill to amend title 38, United Contributions, Amount, Date, Donee: tions in the event of an insolvency or the im- pairment of a national insurer, and for other States Code, to provide for the payment of a 1. Self: none. monthly stipend to the surviving parents 2. Spouse: none. purposes; to the Committee on Banking, Housing, and Urban Affairs. (known as ‘‘Gold Star parents’’) of members 3. Children and spouses: N/A. of the Armed Forces who die during a period 4. Parents: Hans J. and Inge K. Klemm, $25, By Mr. WHITEHOUSE: of war; to the Committee on Veterans’ Af- 2006, Presidential Coalition (Republican); $50, S. 1471. A bill to provide for the voluntary fairs. 2006, Ronald Reagan Library Foundation; $25, development by States of qualifying best By Mr. BAUCUS (for himself and Mr. 2005, Ronald Reagan Library Foundation; $25, practices for health care and to encourage such voluntary development by amending ti- ENZI): 2004, Michigan Republicans; $25, 2004, Ronald S. 1481. A bill to restore fairness and reli- Reagan Library Foundation; $25, 2004, Michi- tles XVIII and XIX of the Social Security Act to provide differential rates of payment ability to the medical justice system and gan Republican Party; $40, 2003, Ronald promote patient safety by fostering alter- Reagan Library Foundation; $20, 2003, Amer- favoring treatment provided consistent with qualifying best practices under the Medicare natives to current medical tort litigation, ican Conservative Union. and for other purposes; to the Committee on 5. Grandparents: deceased. and Medicaid programs, and for other pur- Health, Education, Labor, and Pensions. 6. Brothers and spouses: Steven and Eileen poses; to the Committee on Finance. By Mr. ROCKEFELLER (for himself Klemm, none. By Mrs. FEINSTEIN (for herself and 7. Sisters and spouses: Sally Klemm, none; Mrs. BOXER): and Ms. SNOWE): S. 1482. A bill to amend part A of title IV Lori Runco, (sister), none; John Runco S. 1472. A bill to authorize the Secretary of of the Social Security Act to require the (spouse), $4.84, 2005, Conyers for U.S. Con- the Interior to create a Bureau of Reclama- Secretary of Health and Human Services to gress; $4.62, 2004, Levin for U.S. Congress; tion partnership with the North Bay Water conduct research on indicators of child well- $47.69, 2003, Stabenow for U.S. Senate. Reuse Authority and other regional partners Mr. BIDEN. Mr. President, for the to achieve objectives relating to water sup- being; to the Committee on Finance. By Mr. ROCKEFELLER (for himself Committee on Foreign Relations I re- ply, water quality, and environmental res- toration; to the Committee on Energy and and Ms. SNOWE): port favorably the following nomina- Natural Resources. S. 1483. A bill to create a new incentive tion lists which were printed in the By Mrs. FEINSTEIN: fund that will encourage States to adopt the RECORDS on the dates indicated, and S. 1473. A bill to authorize the Secretary of 21st Century Skills Framework; to the Com- ask unanimous consent, to save the ex- the Interior, acting through the Bureau of mittee on Finance. pense of reprinting on the Executive Reclamation, to enter into a cooperative By Mr. ROBERTS (for himself, Mr. Calendar that these nominations lie at agreement with the Madera Irrigation Dis- REED, Mr. SALAZAR, and Mr. VOINOVICH): the Secretary’s desk for the informa- trict for purposes of supporting the Madera Water Supply Enhancement Project; to the S. 1484. A bill to amend part B of title tion of Senators. Committee on Energy and Natural Re- XVIII of the Social Security Act to restore The PRESIDING OFFICER. Without sources. the Medicare treatment of ownership of oxy- objection, it is so ordered. By Mrs. FEINSTEIN: gen equipment to that in effect before enact- Foreign Service nomination of Ross S. 1474. A bill to authorize the Secretary of ment of the Deficit Reduction Act of 2005; to Marvin Hicks. the Interior to plan, design and construct fa- the Committee on Finance. Foreign Service nominations beginning cilities to provide water for irrigation, mu- By Mrs. CLINTON (for herself, Ms. with Patricia A. Miller and ending with Dean nicipal, domestic, and other uses from the SNOWE, Mrs. MURRAY, Mr. FEINGOLD, L. Smith, which nominations were received Bunker Hill Groundwater Basin, Santa Ana Mr. CONRAD, Mr. CRAIG, and Ms. by the Senate and appeared in the Congres- River, California, and for other purposes; to KLOBUCHAR): sional Record on March 7, 2007. (minus 1 the Committee on Energy and Natural Re- S. 1485. A bill to impose tariff-rate quotas nominee: Mitchell G. Mabrey) sources. on certain casein and milk protein con- Foreign Service nominations beginning By Mrs. FEINSTEIN (for herself and centrates; to the Committee on Finance. with Edward W. Birgells and ending with An- Mrs. BOXER): By Mr. DORGAN (for himself and Mr. drea J. Yates, which nominations were re- S. 1475. A bill to amend the Reclamation GRASSLEY): ceived by the Senate and appeared in the Wastewater and Groundwater Study and Fa- S. 1486. A bill to amend the Food Security Congressional Record on March 22, 2007. cilities Act to authorize the Bay Area Re- Act of 1985 to restore integrity to and By Mr. LEAHY for the Committee on gional Water Recycling Program, and for strengthen payment limitation rules for the Judiciary. other purposes; to the Committee on Energy commodity payments and benefits; to the Liam O’Grady, of Virginia, to be United and Natural Resources. Committee on Agriculture, Nutrition, and States District Judge for the Eastern Dis- By Mrs. FEINSTEIN (for herself, Mrs. Forestry. trict of Virginia. BOXER, and Mr. INOUYE): By Mrs. FEINSTEIN (for herself, Mr. Paul Lewis Maloney, of Michigan, to be S. 1476. A bill to authorize the Secretary of DODD, Mr. SANDERS, Mr. INOUYE, Mr. United States District Judge for the Western the Interior to conduct special resources OBAMA, Mr. BROWN, Mr. LEAHY, Mr. District of Michigan. study of the Tule Lake Segregation Center MENENDEZ, Mr. KENNEDY, and Mrs. Janet T. Neff, of Michigan, to be United in Modoc County, California, to determine CLINTON): States District Judge for the Western Dis- suitability and feasibility of establishing a S. 1487. A bill to amend the Help America trict of Michigan. unit of the National Park System; to the Vote Act of 2002 to require an individual, du- *Nomination was reported with rec- Committee on Energy and Natural Re- rable, voter-verified paper record under title sources. III of such Act, and for other purposes; to the ommendation that it be confirmed sub- By Mr. SALAZAR (for himself and Mr. Committee on Rules and Administration. ject to the nominee’s commitment to ALLARD): By Mr. COLEMAN (for himself and Ms. respond to requests to appear and tes- S. 1477. A bill to authorize the Secretary of LANDRIEU): tify before any duly constituted com- the Interior to carry out the Jackson Gulch S. 1488. A bill to amend the definition of mittee of the Senate. rehabilitation project in the State of Colo- independent student for purposes of the need (Nominations without an asterisk rado; to the Committee on Energy and Nat- analysis in the Higher Education Act of 1965 were reported with the recommenda- ural Resources. to include older adopted students; to the tion that they be confirmed.) By Ms. CANTWELL (for herself, Mr. Committee on Health, Education, Labor, and WARNER, Mr. BINGAMAN, Mr. HARKIN, Pensions. f Mrs. BOXER, Mr. KERRY, Mr. By Mrs. MURRAY (for herself and Ms. INTRODUCTION OF BILLS AND LIEBERMAN, Mr. MENENDEZ, Mrs. CANTWELL): JOINT RESOLUTIONS CLINTON, Mr. DODD, Mr. SCHUMER, Mr. S. 1489. A bill to provide for an additional AKAKA, Mrs. FEINSTEIN, Mr. CARDIN, place of holding court in the western district The following bills and joint resolu- Mr. BROWN, Mr. WEBB, Mr. DURBIN, of Washington; to the Committee on the Ju- tions were introduced, read the first Mr. OBAMA, and Mr. LAUTENBERG): diciary.

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By Mr. CARPER (for himself and Mr. commerce of any live animal of any prohib- By Mr. AKAKA (for himself, Ms. MUR- VOINOVICH): ited wildlife species, and for other purposes; KOWSKI, and Ms. SNOWE): S. 1490. A bill to provide for the establish- to the Committee on Environment and Pub- S. 1511. A bill to promote the development ment and maintenance of electronic personal lic Works. and use of marine and hydrokinetic renew- health records for individuals and family By Mrs. BOXER (for herself and Mrs. able energy technologies, and for other pur- members enrolled in Federal employee FEINSTEIN): poses; to the Committee on Finance. health benefits plans under chapter 89 of S. 1499. A bill to amend the Clean Air Act By Mrs. BOXER: title 5, United States Code, and for other to reduce air pollution from marine vessels; S. 1512. A bill to amend part E of title IV purposes; to the Committee on Homeland Se- to the Committee on Environment and Pub- of the Social Security Act to expand Federal curity and Governmental Affairs. lic Works. eligibility for children in foster care who By Ms. KLOBUCHAR (for herself, Mr. By Mrs. CLINTON (for herself, Mr. have attained age 18; to the Committee on OBAMA, Mr. BOND, Mr. VOINOVICH, Ms. FEINGOLD, and Mr. LUGAR): Finance. STABENOW, Mr. DURBIN, Mrs. S. 1500. A bill to support democracy and By Mr. OBAMA: MCCASKILL, Mrs. CLINTON, Mr. human rights in Zimbabwe, and for other S. 1513. A bill to amend the Higher Edu- KERRY, Mr. BROWN, Mr. NELSON of purposes; to the Committee on Foreign Rela- cation Act of 1965 to authorize grant pro- Nebraska, and Mr. DORGAN): tions. grams to enhance the access of low-income S. 1491. A bill to amend the Agricultural By Mr. BAYH: African-American students to higher edu- Risk Protection Act of 2000 to direct the Sec- S. 1501. A bill to amend the Internal Rev- cation; to the Committee on Health, Edu- retary of Agriculture to provide grants for enue Code of 1986 to consolidate the current cation, Labor, and Pensions. the installation of E–85 fuel infrastructure, education tax incentives into one credit By Mr. DODD (for himself, Mr. SMITH, and for other purposes; to the Committee on against income tax for higher education ex- and Mr. REED): Energy and Natural Resources. penses, and for other purposes; to the Com- S. 1514. A bill to revise and extend provi- sions under the Garrett Lee Smith Memorial By Mr. INOUYE (for himself, Mr. DOR- mittee on Finance. Act; to the Committee on Health, Education, GAN, Mr. PRYOR, Ms. CANTWELL, Ms. By Mr. CONRAD (for himself, Mr. ROB- Labor, and Pensions. KLOBUCHAR, and Mr. KERRY): ERTS, Mr. LEAHY, Mr. THUNE, Mr. By Mr. BIDEN (for himself and Mr. S. 1492. A bill to improve the quality of fed- SALAZAR, Mr. ENZI, Mr. DORGAN, Mr. SPECTER): eral and state data regarding the availability NELSON of Nebraska, Mr. BAUCUS, Mr. S. 1515. A bill to establish a domestic vio- and quality of broadband services and to pro- STEVENS, Mr. KERRY, and Mrs. CLIN- lence volunteer attorney network to rep- mote the deployment of affordable TON): resent domestic violence victims; to the broadband services to all parts of the Nation; S. 1502. A bill to amend the Food Security Committee on the Judiciary. to the Committee on Commerce, Science, Act of 1985 to encourage owners and opera- By Mr. ALLARD (for himself and Mr. and Transportation. tors of privately-held farm, ranch, and forest SALAZAR): By Mr. INOUYE (for himself and Mr. land to voluntarily make their land avail- S. 1516. A bill to provide environmental as- STEVENS): able for access by the public under programs sistance to non-Federal interests in the S. 1493. A bill to promote innovation and administered by States and tribal govern- State of Colorado; to the Committee on En- basic research in advanced information and ments; to the Committee on Agriculture, Nu- vironment and Public Works. communications technologies that will en- trition, and Forestry. By Mr. ALLARD: hance or facilitate the availability and af- By Mr. INHOFE (for himself and Mr. S. 1517. A bill to amend title 10, United fordability of advanced communications THUNE): States Code, to provide for the distribution services to all Americans; to the Committee S. 1503. A bill to improve domestic fuels se- of a share of certain mineral revenues to the on Commerce, Science, and Transportation. curity; to the Committee on Environment State of Colorado, and for other purposes; to By Mr. DOMENICI (for himself, Mr. and Public Works. the Committee on Armed Services. DORGAN, Mr. INOUYE, Mr. BAUCUS, Ms. By Ms. SNOWE: By Mr. REED (for himself, Mr. ALLARD, COLLINS, Mrs. LINCOLN, Mr. HATCH, S. 1504. A bill to revalue the LIFO inven- Ms. MIKULSKI, Mr. BOND, Mr. DURBIN, Mr. BINGAMAN, Ms. STABENOW, Mr. tories of major integrated oil companies; to Ms. COLLINS, Mr. SCHUMER, Mr. SCHUMER, and Mr. DURBIN): the Committee on Finance. AKAKA, Mrs. CLINTON, Mr. S. 1494. A bill to amend the Public Health URR By Mr. GREGG (for himself, Mr. B , WHITEHOUSE, Mr. LEVIN, Mr. BROWN, Service Act to reauthorize the special diabe- OBURN and Mr. C ): and Mrs. BOXER): tes programs for Type I diabetes and Indians S. 1505. A bill to amend the Public Health S. 1518. A bill to amend the McKinney- under that Act; to the Committee on Health, Service Act to provide for the approval of Vento Homeless Assistance Act to reauthor- Education, Labor, and Pensions. biosimilars, and for other purposes; to the ize the Act, and for other purposes; to the By Mr. INOUYE (for himself and Mr. Committee on Health, Education, Labor, and Committee on Banking, Housing, and Urban WYDEN): Pensions. Affairs. S. 1495. A bill to amend the Internal Rev- By Mr. LAUTENBERG (for himself and By Mr. CARDIN (for himself and Mr. enue Code of 1986 to modify the application Mr. MENENDEZ): SPECTER): of the tonnage tax on vessels operating in S. 1506. A bill to amend the Federal Water S. 1519. A bill to amend title XVIII of the the dual United States domestic and foreign Pollution Control Act to modify provisions Social Security Act to provide for a transi- trades, and for other purposes; to the Com- relating to beach monitoring, and for other tion to a new voluntary quality reporting mittee on Finance. purposes; to the Committee on Environment program for physicians and other health pro- By Mr. BAUCUS (for himself, Mr. and Public Works. fessionals; to the Committee on Finance. CHAMBLISS, Mr. GRASSLEY, Ms. By Mr. GRASSLEY (for himself and By Mr. NELSON of Florida: LANDRIEU, Mr. NELSON of Florida, Mr. Mr. BAUCUS): S. 1520. A bill to prohibit price gouging re- ISAKSON, Mr. CRAIG, Mr. CASEY, Mr. S. 1507. A bill to amend title XVIII of the lating to gasoline and diesel fuels in areas af- DORGAN, Mrs. FEINSTEIN, Mrs. CLIN- Social Security Act to provide for drug and fected by major disasters; to the Committee TON, Mr. BROWN, Mr. HARKIN, Mr. health care claims data release; to the Com- on Commerce, Science, and Transportation. KERRY, Mr. ALLARD, Ms. COLLINS, Mr. mittee on Finance. By Mr. FEINGOLD (for himself and Mr. BYRD, Mr. THUNE, Mrs. BOXER, Mr. By Mr. DORGAN: SPECTER): TESTER, Mr. FEINGOLD, Mr. SANDERS, S. 1508. A bill to amend the Internal Rev- S. 1521. A bill to provide information, re- Ms. SNOWE, Mr. COCHRAN, Mr. NELSON enue Code of 1986 to extend and expand var- sources, recommendations, and funding to of Nebraska, Mr. ROBERTS, Mr. ious tax incentives for production of renew- help State and local law enforcement enact SALAZAR, Mr. CRAPO, Ms. STABENOW, able energy and clean energy sources, and for crime prevention and intervention strategies and Mr. CONRAD): other purposes; to the Committee on Fi- supported by rigorous evidence; to the Com- S. 1496. A bill to amend the Food Security nance. mittee on the Judiciary. Act of 1985 to include pollinators in certain By Ms. LANDRIEU (for herself, Mr. By Mr. WYDEN (for himself, Mr. conservation programs; to the Committee on KERRY, Mr. NELSON of Florida, and SMITH, Mr. CRAIG, Mrs. MURRAY, Ms. Agriculture, Nutrition, and Forestry. Mr. MARTINEZ): CANTWELL, Mr. BAUCUS, Mr. CRAPO, By Mr. CARDIN: S. 1509. A bill to improve United States and Mr. TESTER): S. 1497. A bill to promote the energy inde- hurricane forecasting, monitoring, and warn- S. 1522. A bill to amend the Bonneville pendence of the United States, and for other ing capabilities, and for other purposes; to Power Administration portions of the Fish- purposes; to the Committee on Energy and the Committee on Commerce, Science, and eries Restoration and Irrigation Mitigation Natural Resources. Transportation. Act of 2000 to authorize appropriations for By Mrs. BOXER (for herself, Mr. By Mr. NELSON of Florida: fiscal years 2008 through 2014, and for other VITTER, Mr. LIEBERMAN, Mr. LAUTEN- S. 1510. A bill to require the Consumer purposes; to the Committee on Energy and BERG, and Mr. MENENDEZ): Product Safety Commission to promulgate Natural Resources. S. 1498. A bill to amend the Lacey Act consumer product safety rules concerning By Mrs. BOXER (for herself and Mr. Amendments of 1981 to prohibit the import, the safety and labeling of portable genera- ALEXANDER): export, transportation, sale, receipt, acquisi- tors; to the Committee on Commerce, S. 1523. A bill to amend the Clean Air Act tion, or purchase in interstate or foreign Science, and Transportation. to reduce emissions of carbon dioxide from

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00269 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.115 S24MYPT1 bajohnson on PRODPC74 with SENATE S6846 CONGRESSIONAL RECORD — SENATE May 24, 2007 the Capitol power plant; to the Committee to immediately release Dr. Haleh Esfandiari; closure protections, provide certain au- on Environment and Public Works. considered and agreed to. thority for the Special Counsel, and for By Mr. BROWN (for himself, Ms. By Mr. ALLARD (for himself, Mr. other purposes. STABENOW, and Mr. VOINOVICH): MCCAIN, Mr. CASEY, Mr. COCHRAN, S. 1524. A bill to waive time limitations Mr. ENZI, Mr. STEVENS, Mr. GRAHAM, S. 329 specified by law in order to allow the Medal Mr. CHAMBLISS, Mr. CRAIG, and Mr. At the request of Mr. CRAPO, the of Honor to be awarded to Gary Lee INHOFE): name of the Senator from Colorado McKiddy, of Miamisburg, Ohio, for acts of S. Res. 215. A resolution designating Sep- (Mr. SALAZAR) was added as a cospon- valor while a helicopter crew chief and door tember 25, 2007, as ‘‘National First Responder sor of S. 329, a bill to amend title XVIII gunner with the 1st Cavalry Division during Appreciation Day’’; to the Committee on the the Vietnam War; to the Committee on Judiciary. of the Social Security Act to provide Armed Services. By Mrs. FEINSTEIN (for herself and coverage for cardiac rehabilitation and By Mr. SMITH (for himself, Mrs. LIN- Mr. STEVENS): pulmonary rehabilitation services. COLN, Ms. CANTWELL, and Ms. SNOWE): S. Res. 216. A resolution recognizing the S. 357 S. 1525. A bill to amend the Internal Rev- 100th Anniversary of the founding of the enue Code of 1986 to modify the energy effi- American Association for Cancer Research At the request of Mrs. FEINSTEIN, the cient appliance credit for appliances pro- and declaring the month of May National name of the Senator from Maryland duced after 2007; to the Committee on Fi- Cancer Research Month; to the Committee (Mr. CARDIN) was added as a cosponsor nance. on the Judiciary. of S. 357, a bill to improve passenger By Mr. STEVENS (for himself, Mr. By Mr. VITTER (for himself, Mr. SHEL- automobile fuel economy and safety, LIEBERMAN, Ms. SNOWE, Mr. CARPER, BY, Mr. LOTT, Mr. MARTINEZ, Mr. reduce greenhouse gas emissions, re- Ms. MURKOWSKI, and Ms. LANDRIEU): NELSON of Florida, Ms. LANDRIEU, duce dependence on foreign oil, and for S. 1526. A bill to direct the Secretary of and Mr. DEMINT): other purposes. Energy to develop standards for general serv- S. Res. 217. A resolution designating the ice lamps that will operate more efficiently week beginning May 20, 2007, as ‘‘National S. 399 and assist in reducing costs to consumers, Hurricane Preparedness Week’’; considered At the request of Mr. BUNNING, the business concerns, government entities, and and agreed to. names of the Senator from Nevada (Mr. other users, to require that general service By Mrs. FEINSTEIN: ENSIGN), the Senator from New York lamps and related products manufactured or S. Res. 218. A resolution to authorize the sold in interstate commerce after 2013 meet printing of a collection of the rules of the (Mr. SCHUMER) and the Senator from those standards, and for other purposes; to committees of the Senate; considered and Connecticut (Mr. DODD) were added as the Committee on Energy and Natural Re- agreed to. cosponsors of S. 399, a bill to amend sources. By Mr. CHAMBLISS (for himself, Mr. title XIX of the Social Security Act to By Mr. STEVENS (for himself, Mr. PRYOR, and Mr. ISAKSON): include podiatrists as physicians for LIEBERMAN, Ms. SNOWE, Mr. CARPER, S. Res. 219. A resolution recognizing the purposes of covering physicians serv- Ms. MURKOWSKI, and Ms. LANDRIEU): year 2007 as the official 50th anniversary ices under the Medicaid program. S. 1527. A bill to amend the Internal Rev- celebration of the beginnings of marinas, enue Code of 1986 to provide a tax credit for power production, recreation, and boating on S. 430 renovation and construction of manufac- Lake Sidney Lanier, Georgia; considered and At the request of Mr. BOND, the turing facilities for incandescent lamps; to agreed to. names of the Senator from Ohio (Mr. the Committee on Finance. f VOINOVICH) and the Senator from Ne- By Mr. CORNYN: vada (Mr. ENSIGN) were added as co- S. 1528. A bill to amend chapter 87 of title ADDITIONAL COSPONSORS 18, United States Code, to end the terrorizing sponsors of S. 430, a bill to amend title effects of the sale of murderabilia on crime S. 37 10, United States Code, to enhance the victims and their families; to the Committee At the request of Mr. DOMENICI, the national defense through empowerment on the Judiciary. name of the Senator from North Caro- of the Chief of the National Guard Bu- By Mr. HARKIN (for himself and Mr. lina (Mrs. DOLE) was added as a cospon- reau and the enhancement of the func- LUGAR): sor of S. 37, a bill to enhance the man- tions of the National Guard Bureau, S. 1529. A bill to amend the Food Stamp agement and disposal of spent nuclear and for other purposes. Act of 1977 to end benefit erosion, support working families with child care expenses, fuel and high-level radioactive waste, S. 450 encourage retirement and education savings, to assure protection of public health At the request of Mr. ENSIGN, the and for other purposes; to the Committee on safety, to ensure the territorial integ- name of the Senator from Utah (Mr. Agriculture, Nutrition, and Forestry. rity and security of the repository at BENNETT) was added as a cosponsor of By Mr. SCHUMER (for himself, Mrs. Yucca Mountain, and for other pur- S. 450, a bill to amend title XVIII of the FEINSTEIN, Mr. KENNEDY, Mr. BIDEN, poses. Mr. DURBIN, Mr. WHITEHOUSE, Mr. Social Security Act to repeal the medi- S. 48 DODD, Mr. AKAKA, Mr. BINGAMAN, care outpatient rehabilitation therapy Mrs. BOXER, Mr. BROWN, Mr. BYRD, At the request of Mr. ENSIGN, the caps. Mr. CASEY, Mrs. CLINTON, Mr. name of the Senator from North Caro- S. 467 CONRAD, Mr. DORGAN, Mr. HARKIN, lina (Mr. BURR) was added as a cospon- At the request of Mr. DODD, the name Mr. INOUYE, Mr. KERRY, Ms. sor of S. 48, a bill to return meaning to KLOBUCHAR, Mr. LEVIN, Mr. MENEN- the Fifth Amendment by limiting the of the Senator from Maine (Ms. COL- DEZ, Mrs. MURRAY, Mr. NELSON of power of eminent domain. LINS) was added as a cosponsor of S. Florida, Mr. OBAMA, Mr. REID, Mr. 467, a bill to amend the Public Health S. 185 SANDERS, Ms. STABENOW, and Mr. Service Act to expand the clinical WEBB): At the request of Mr. LEAHY, the trials drug data bank. S.J. Res. 14. A joint resolution expressing name of the Senator from Delaware S. 506 the sense of the Senate that Attorney Gen- (Mr. BIDEN) was added as a cosponsor of eral Alberto Gonzales no longer holds the S. 185, a bill to restore habeas corpus At the request of Mr. LAUTENBERG, confidence of the Senate and of the Amer- for those detained by the United the name of the Senator from Con- ican people; read the first time. States. necticut (Mr. DODD) was added as a co- f S. 274 sponsor of S. 506, a bill to improve effi- ciency in the Federal Government SUBMISSION OF CONCURRENT AND At the request of Mr. AKAKA, the through the use of high-performance SENATE RESOLUTIONS name of the Senator from Massachu- green buildings, and for other purposes. setts (Mr. KENNEDY) was added as a co- The following concurrent resolutions S. 569 and Senate resolutions were read, and sponsor of S. 274, a bill to amend chap- referred (or acted upon), as indicated: ter 23 of title 5, United States Code, to At the request of Mr. LUGAR, the clarify the disclosures of information name of the Senator from Hawaii (Mr. By Mr. CARDIN (for himself, Ms. MI- protected from prohibited personnel INOUYE) was added as a cosponsor of S. KULSKI, Mr. BIDEN, Mr. LIEBERMAN, Mr. SMITH, Mrs. CLINTON, Mr. DODD, practices, require a statement in non- 569, a bill to accelerate efforts to de- Mr. BINGAMAN, and Mr. COLEMAN): disclosure policies, forms, and agree- velop vaccines for diseases primarily S. Res. 214. A resolution calling upon the ments that such policies, forms, and affecting developing countries and for Government of the Islamic Republic of Iran agreements conform with certain dis- other purposes.

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00270 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.117 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6847 S. 582 microbicides for preventing trans- Transport Service and the Naval At the request of Mr. SMITH, the mission of HIV/AIDS and other dis- Transport Service) during World War name of the Senator from Pennsyl- eases, and for other purposes. II, and for other purposes. vania (Mr. SPECTER) was added as a co- S. 829 S. 970 sponsor of S. 582, a bill to amend the At the request of Ms. MIKULSKI, the At the request of Mr. SMITH, the Internal Revenue Code of 1986 to clas- names of the Senator from Maryland names of the Senator from Michigan sify automatic fire sprinkler systems (Mr. CARDIN) and the Senator from (Ms. STABENOW), the Senator from Cali- as 5-year property for purposes of de- California (Mrs. BOXER) were added as fornia (Mrs. BOXER) and the Senator preciation. cosponsors of S. 829, a bill to reauthor- from Wisconsin (Mr. KOHL) were added S. 597 ize the HOPE VI program for revital- as cosponsors of S. 970, a bill to impose At the request of Mrs. FEINSTEIN, the ization of severely distressed public sanctions on Iran and on other coun- name of the Senator from Illinois (Mr. housing, and for other purposes. tries for assisting Iran in developing a OBAMA) was added as a cosponsor of S. S. 860 nuclear program, and for other pur- 597, a bill to extend the special postage At the request of Mr. SMITH, the poses. stamp for breast cancer research for 2 name of the Senator from California S. 1042 years. (Mrs. FEINSTEIN) was added as a co- At the request of Mr. ENZI, the name S. 609 sponsor of S. 860, a bill to amend title of the Senator from Utah (Mr. HATCH) At the request of Mr. ROCKEFELLER, XIX of the Social Security Act to per- was added as a cosponsor of S. 1042, a the name of the Senator from Lou- mit States the option to provide Med- bill to amend the Public Health Serv- isiana (Mr. VITTER) was added as a co- icaid coverage for low-income individ- ice Act to make the provision of tech- sponsor of S. 609, a bill to amend sec- uals infected with HIV. nical services for medical imaging ex- tion 254 of the Communications Act of S. 871 aminations and radiation therapy treatments safer, more accurate, and 1934 to provide that funds received as At the request of Mr. LIEBERMAN, the universal service contributions and the name of the Senator from North Caro- less costly. S. 1064 universal service support programs es- lina (Mrs. DOLE) was added as a cospon- tablished pursuant to that section are sor of S. 871, a bill to establish and pro- At the request of Mrs. CLINTON, the not subject to certain provisions of vide for the treatment of Individual name of the Senator from Georgia (Mr. title 31, United States Code, commonly Development Accounts, and for other CHAMBLISS) was added as a cosponsor of known as the Antideficiency Act. purposes. S. 1064, a bill to provide for the im- provement of the physical evaluation S. 634 S. 879 processes applicable to members of the At the request of Mr. DODD, the name At the request of Mr. KOHL, the name Armed Forces, and for other purposes. of the Senator from Massachusetts of the Senator from Ohio (Mr. BROWN) S. 1107 (Mr. KERRY) was added as a cosponsor was added as a cosponsor of S. 879, a At the request of Mr. SMITH, the of S. 634, a bill to amend the Public bill to amend the Sherman Act to name of the Senator from Washington Health Service Act to establish grant make oil-producing and exporting car- (Ms. CANTWELL) was added as a cospon- programs to provide for education and tels illegal. outreach on newborn screening and co- sor of S. 1107, a bill to amend title S. 881 XVIII of the Social Security Act to re- ordinated followup care once newborn At the request of Mr. SMITH, the screening has been conducted, to reau- duce cost-sharing under part D of such name of the Senator from Idaho (Mr. title for certain non-institutionalized thorize programs under part A of title CRAIG) was added as a cosponsor of S. XI of such Act, and for other purposes. full-benefit dual eligible individuals. 881, a bill to amend the Internal Rev- S. 1172 S. 672 enue Code of 1986 to extend and modify At the request of Mr. DURBIN, the At the request of Mr. SALAZAR, the the railroad track maintenance credit. names of the Senator from New Jersey name of the Senator from New York At the request of Mrs. LINCOLN, the (Mr. MENENDEZ) and the Senator from (Mrs. CLINTON) was added as a cospon- name of the Senator from Maine (Ms. Ohio (Mr. BROWN) were added as co- sor of S. 672, a bill to amend the Inter- SNOWE) was added as a cosponsor of S. sponsors of S. 1172, a bill to reduce hun- nal Revenue Code of 1986 to provide 881, supra. ger in the United States. tax-exempt financing for qualified re- S. 901 S. 1226 newable energy facilities, and for other At the request of Mr. KENNEDY, the At the request of Mr. BAYH, the name purposes. names of the Senator from Michigan of the Senator from Ohio (Mr. S. 764 (Ms. STABENOW), the Senator from VOINOVICH) was added as a cosponsor of At the request of Mrs. CLINTON, the North Dakota (Mr. DORGAN), the Sen- S. 1226, a bill to amend title XIX of the names of the Senator from Hawaii (Mr. ator from Indiana (Mr. LUGAR) and the Social Security Act to establish pro- INOUYE) and the Senator from Mary- Senator from Ohio (Mr. VOINOVICH) grams to improve the quality, perform- land (Mr. CARDIN) were added as co- were added as cosponsors of S. 901, a ance, and delivery of pediatric care. sponsors of S. 764, a bill to amend title bill to amend the Public Health Serv- S. 1263 XIX and XXI of the Social Security Act ice Act to provide additional authoriza- At the request of Ms. CANTWELL, the to permit States the option of coverage tions of appropriations for the health names of the Senator from Ohio (Mr. of legal immigrants under the Medicaid centers program under section 330 of BROWN) and the Senator from Maine Program and the State children’s such Act. (Ms. SNOWE) were added as cosponsors health insurance program (SCHIP). S. 929 of S. 1263, a bill to protect the welfare S. 804 At the request of Mr. MARTINEZ, the of consumers by prohibiting price At the request of Mrs. CLINTON, the name of the Senator from Idaho (Mr. gouging with respect to gasoline and name of the Senator from Ohio (Mr. CRAPO) was added as a cosponsor of S. petroleum distillates during natural BROWN) was added as a cosponsor of S. 929, a bill to streamline the regulation disasters and abnormal market disrup- 804, a bill to amend the Help America of nonadmitted insurance and reinsur- tions, and for other purposes. Vote Act of 2002 to improve the admin- ance, and for other purposes. S. 1334 istration of elections for Federal office, S. 961 At the request of Mr. DODD, the name and for other purposes. At the request of Mr. NELSON of Ne- of the Senator from Connecticut (Mr. S. 823 braska, the name of the Senator from LIEBERMAN) was added as a cosponsor At the request of Mr. OBAMA, the Connecticut (Mr. LIEBERMAN) was of S. 1334, a bill to amend section 2306 name of the Senator from Washington added as a cosponsor of S. 961, a bill to of title 38, United States Code, to make (Ms. CANTWELL) was added as a cospon- amend title 46, United States Code, to permanent authority to furnish gov- sor of S. 823, a bill to amend the Public provide benefits to certain individuals ernment headstones and markers for Health Service Act with respect to fa- who served in the United States mer- graves of veterans at private ceme- cilitating the development of chant marine (including the Army teries, and for other purposes.

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00271 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.120 S24MYPT1 bajohnson on PRODPC74 with SENATE S6848 CONGRESSIONAL RECORD — SENATE May 24, 2007 S. 1337 CRAPO) was added as a cosponsor of S. the Senator from Georgia (Mr. At the request of Mr. KERRY, the 1439, a bill to reauthorize the ISAKSON), the Senator from Florida name of the Senator from Maryland broadband loan and loan guarantee (Mr. MARTINEZ), the Senator from New (Mr. CARDIN) was added as a cosponsor program under title VI of the Rural York (Mrs. CLINTON) and the Senator of S. 1337, a bill to amend title XXI of Electrification Act of 1936. from Massachusetts (Mr. KENNEDY) the Social Security Act to provide for S. 1448 were added as cosponsors of S. Res. 211, equal coverage of mental health serv- At the request of Mr. REED, the name a resolution expressing the profound ices under the State Children’s Health of the Senator from Wisconsin (Mr. concerns of the Senate regarding the Insurance Program. FEINGOLD) was added as a cosponsor of transgression against freedom of S. 1373 S. 1448, a bill to extend the same Fed- thought and expression that is being At the request of Mr. PRYOR, the eral benefits to law enforcement offi- carried out in Venezuela, and for other name of the Senator from Maine (Ms. cers serving private institutions of purposes. SNOWE) was added as a cosponsor of S. higher education and rail carriers that AMENDMENT NO. 1157 1373, a bill to provide grants and loan apply to law enforcement officers serv- At the request of Mr. VITTER, the guarantees for the development and ing units of State and local govern- names of the Senator from Wyoming construction of science parks to pro- ment. (Mr. THOMAS), the Senator from Wyo- mote the clustering of innovation S. 1457 ming (Mr. ENZI), the Senator from Oklahoma (Mr. COBURN) and the Sen- through high technology activities. At the request of Mr. HARKIN, the S. 1379 names of the Senator from Montana ator from Iowa (Mr. GRASSLEY) were added as cosponsors of amendment No. At the request of Mrs. FEINSTEIN, the (Mr. BAUCUS), the Senator from Massa- 1157 proposed to S. 1348, a bill to pro- name of the Senator from Rhode Island chusetts (Mr. KERRY), the Senator from vide for comprehensive immigration (Mr. WHITEHOUSE) was added as a co- North Dakota (Mr. DORGAN) and the reform and for other purposes. sponsor of S. 1379, a bill to amend chap- Senator from Montana (Mr. TESTER) ter 35 of title 28, United States Code, to were added as cosponsors of S. 1457, a AMENDMENT NO. 1158 strike the exception to the residency bill to provide for the protection of At the request of Mr. COLEMAN, the requirements for United States attor- mail delivery on certain postal routes, names of the Senator from Georgia neys. and for other purposes. (Mr. ISAKSON), the Senator from Ala- bama (Mr. SESSIONS), the Senator from S. 1382 S. 1466 Colorado (Mr. ALLARD) and the Senator At the request of Mr. REID, the At the request of Mr. DODD, the from North Carolina (Mrs. DOLE) were names of the Senator from California names of the Senator from New York added as cosponsors of amendment No. (Mrs. FEINSTEIN), the Senator from (Mr. SCHUMER) and the Senator from 1158 proposed to S. 1348, a bill to pro- Minnesota (Mr. COLEMAN) and the Sen- Vermont (Mr. SANDERS) were added as vide for comprehensive immigration ator from Mississippi (Mr. COCHRAN) cosponsors of S. 1466, a bill to amend reform and for other purposes. were added as cosponsors of S. 1382, a the Internal Revenue Code of 1986 to AMENDMENT NO. 1159 bill to amend the Public Health Serv- exclude property tax rebates and other At the request of Mr. COLEMAN, the ice Act to provide the establishment of benefits provided to volunteer fire- name of the Senator from Michigan an Amyotrophic Lateral Sclerosis Reg- fighters, search and rescue personnel, (Mr. LEVIN) was added as a cosponsor of istry. and emergency medical responders amendment No. 1159 intended to be pro- from income and employment taxes S. 1398 posed to S. 1348, a bill to provide for and wage withholding. At the request of Mr. REID, the name comprehensive immigration reform of the Senator from Vermont (Mr. S.J. RES. 10 and for other purposes. SANDERS) was added as a cosponsor of At the request of Mr. KENNEDY, the AMENDMENT NO. 1167 S. 1398, a bill to expand the research name of the Senator from Minnesota At the request of Ms. CANTWELL, the and prevention activities of the Na- (Ms. KLOBUCHAR) was added as a co- name of the Senator from Maine (Ms. tional Institute of Diabetes and Diges- sponsor of S.J. Res. 10, a joint resolu- SNOWE) was added as a cosponsor of tive and Kidney Diseases, and the Cen- tion proposing an amendment to the amendment No. 1167 intended to be pro- ters for Disease Control and Prevention Constitution of the United States rel- posed to S. 1348, a bill to provide for with respect to inflammatory bowel ative to equal rights for men and comprehensive immigration reform disease. women. and for other purposes. S. 1418 S. CON. RES. 25 AMENDMENT NO. 1170 At the request of Mr. DODD, the At the request of Mr. OBAMA, the At the request of Mr. MCCONNELL, names of the Senator from Maryland name of the Senator from Nebraska the names of the Senator from Texas (Ms. MIKULSKI), the Senator from (Mr. HAGEL) was added as a cosponsor (Mr. CORNYN) and the Senator from Maine (Ms. SNOWE) and the Senator of S. Con. Res. 25, a concurrent resolu- South Carolina (Mr. DEMINT) were from Hawaii (Mr. INOUYE) were added tion condemning the recent violent ac- added as cosponsors of amendment No. as cosponsors of S. 1418, a bill to pro- tions of the Government of Zimbabwe 1170 proposed to S. 1348, a bill to pro- vide assistance to improve the health against peaceful opposition party ac- vide for comprehensive immigration of newborns, children, and mothers in tivists and members of civil society. reform and for other purposes. developing countries, and for other S. RES. 82 AMENDMENT NO. 1179 purposes. At the request of Mr. HAGEL, the At the request of Mr. LAUTENBERG, S. 1430 names of the Senator from Idaho (Mr. the names of the Senator from Illinois At the request of Mr. OBAMA, the CRAPO) and the Senator from Wisconsin (Mr. DURBIN) and the Senator from names of the Senator from California (Mr. FEINGOLD) were added as cospon- Minnesota (Mr. COLEMAN) were added (Mrs. BOXER), the Senator from Mary- sors of S. Res. 82, a resolution desig- as cosponsors of amendment No. 1179 land (Ms. MIKULSKI) and the Senator nating August 16, 2007 as ‘‘National intended to be proposed to S. 1348, a from Connecticut (Mr. LIEBERMAN) Airborne Day’’. bill to provide for comprehensive im- were added as cosponsors of S. 1430, a S. RES. 211 migration reform and for other pur- bill to authorize State and local gov- At the request of Mr. LUGAR, the poses. ernments to direct divestiture from, names of the Senator from Delaware AMENDMENT NO. 1181 and prevent investment in, companies (Mr. BIDEN), the Senator from Ne- At the request of Mr. DORGAN, the with investments of $20,000,000 or more braska (Mr. HAGEL), the Senator from name of the Senator from Illinois (Mr. in Iran’s energy sector, and for other Minnesota (Mr. COLEMAN), the Senator DURBIN) was added as a cosponsor of purposes. from Illinois (Mr. OBAMA), the Senator amendment No. 1181 proposed to S. S. 1439 from New Hampshire (Mr. SUNUNU), the 1348, a bill to provide for comprehen- At the request of Mr. ROBERTS, the Senator from Florida (Mr. NELSON), the sive immigration reform and for other name of the Senator from Idaho (Mr. Senator from Arizona (Mr. MCCAIN), purposes.

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00272 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.122 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6849 At the request of Mr. CORKER, his In addition to the study rec- ance. Instead, the National Insurance name was added as a cosponsor of ommendations, a number of other indi- Act appropriately relies on competitive amendment No. 1181 proposed to S. cators suggest that the time is right pricing within the marketplace. 1348, supra. for reform. The coalition in support of Finally, the Office of National Insur- f the bill continues to grow and the gen- ance would be able to fill a vacuum and eral acceptance of the concept of re- provide true national regulatory exper- STATEMENTS ON INTRODUCED form we have proposed is also growing. tise and guidance on a number of issues BILLS AND JOINT RESOLUTIONS The arguments against the bill are Congress is legislating on that affect By Mr. SUNUNU (for himself and increasingly seen for what they are: pa- policyholders, the health of the insur- Mr. JOHNSON): rochial in nature, rather than forward- ance industry, and the overall econ- S. 40. A bill to authorize the issuance looking and in the best interests of omy. of Federal charters and licenses for consumers, our financial services sec- The only real substantive change to carrying on the sale, solicitation, nego- tor, and the strength of our overall this year’s bill in comparison with the tiation, and underwriting of insurance economy. one introduced last year is that our up- or any other insurance operations, to In 1999, Congress passed the Gramm- dated legislation includes language provide a comprehensive system for the Leach-Bliley Act—broad legislation that would add surplus lines of insur- Federal regulation and supervision of that modernized the rules that regu- ance as a type of insurance that a per- national insurers and national agen- late banks and securities firms and son with a Federal producer’s license cies, to provide for policyholder protec- provided a foundation for the financial would be authorized to sell under the tions in the event of an insolvency or services industry to become more inte- Federal charter program. the impairment of a national insurer, grated, market-oriented, techno- Other technical and clarifying and for other purposes; to the Com- logically advanced, and global in na- changes were made, but by and large mittee on Banking, Housing, and ture. Since then, consumers have bene- this is last year’s bill, with its spirit Urban Affairs. fited from improved industry competi- and purpose intact. Mr. SUNUNU. Mr. President, I rise tion and innovation, greater choice of Former New York Insurance Com- today to reintroduce legislation that financial products, and more efficient missioner, George Miller, who founded will bring our Nation’s insurance regu- delivery of services. the National Association of Insurance latory system into the 21st century by The insurance industry, however, has Commissioners, NAIC made the fol- providing uniformity, predictability, not enjoyed the same dynamic market- lowing statement in 1871: ‘‘The Com- and greater efficiency to the way insur- place within the global economy. Long missioners are now fully prepared to go ance is regulated in this country. subject to a patchwork of State regula- before their various legislative com- The National Insurance Act of 2007, tions, the sector’s menu of available mittees with recommendations for a which builds upon legislation Senator services is not as robust as it could be. system of insurance law which shall be JOHNSON and I first introduced last An inefficient regulatory system the same in all States, not reciprocal year, provides for an optional Federal spread across more than 50 different ju- but identical, not retaliatory, but uni- charter that would offer insurers the risdictions imposes direct and indirect form. choice of being regulated under a new costs on insurers in the form of higher It’s now been over 135 years since Commissioner of National Insurance or compliance fees associated with non- that statement was made, and unfortu- under the continued jurisdiction of the uniform regulations and delayed mar- nately we are not much closer to Mr. States. ket entry for new products from oner- Miller’s goal. I am pleased that Senator JOHNSON ous approval barriers. In the months ahead, however, we once again joins me as an original co- With advances in technology, insur- look forward to making substantial sponsor of this bill. Since we intro- ance is increasingly a global product progress on this legislation as we build duced the initial National Insurance that cries out for a more consistent on the momentum to modernize this Act just over a year ago, momentum and efficient regulatory environment country’s insurance regulatory system has been building for the reforms that allows new products to be brought and do what the State system has called for under our legislation and the to market in a much quicker fashion failed to do for over 135 years. question has become not whether an than the current system often allows. optional Federal charter should be im- Under the State regulatory regime new By Mrs. FEINSTEIN (for herself plemented, but when. product launches are consistently de- and Mrs. BOXER): In an increasingly global financial layed up to 2 years while they await S. 1472. A bill to authorize the Sec- services industry, numerous studies the approval of an individual State reg- retary of the Interior to create a Bu- have called for changes to the manner ulator. reau of Reclamation partnership with in which insurance is regulated in the A more uniform regulatory environ- the North Bay Water Reuse Authority United States as one of the ways to ment, mirroring the highly successful and other regional partners to achieve make our financial services sector dual banking system, should substan- objectives relating to water supply, more competitive in the worldwide tially improve the climate in several water quality, and environmental res- economy. critical ways for those who buy, sell toration; to the Committee on Energy The bipartisan Bloomberg-Schumer and underwrite insurance, while also and Natural Resources. report on financial services industry providing superior consumer protec- Mrs. FEINSTEIN. Mr. President, competitiveness, for example, states, tion. today I am pleased to introduce the ‘‘One priority, in the context of en- As the Bloomberg-Schumer report North Bay Water Reuse Program Act hancing competitiveness for the entire puts it, our bill would allow best-in- of 2007, together with my colleague financial services sector and improving breed regulations to ‘‘rise to the top’’ Senator BOXER. This legislation au- responsiveness and customer service, and become national standards. A divi- thorizes Federal participation in a re- should be an optional federal charter sion of consumer protection, as created gional water reuse project that is the for insurance, based on market prin- by the regulator, would oversee strict first of its kind in Northern California, ciples for serving customers.’’ regulations and guard against unfair and model for the West. Furthermore, the Blue Ribbon Com- and deceptive practices by insurers and The program will allow urban water mission on Mega-Catastrophes states, agents for the advertising, sale and ad- agencies to take treated wastewater ‘‘It (an optional federal charter for in- ministration of products. A division of now discharged into the sensitive bay- surance) would lead to . . . consistent insurance fraud, also created under the delta ecosystem and put it to produc- regulation of insurer safety and sound- bill, would make insurance fraud a tive use on water-short agricultural ness, and the elimination of duplica- Federal crime. lands and environmentally valuable tive regulation and supervision . . .In While taking these cautionary steps wetlands. It is an innovative ‘‘win– addition, an OFC should promote to protect consumers, the bill does not, win’’ solution that will protect the en- greater competition that would benefit however, permit the Federal regulator vironment as well as meet the future policyholders.’’ to set rates or price controls for insur- water needs of urban and agricultural

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00273 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.123 S24MYPT1 bajohnson on PRODPC74 with SENATE S6850 CONGRESSIONAL RECORD — SENATE May 24, 2007 water users in the North Bay region of S. 1472 struction of the sub-regional distribution California. Be it enacted by the Senate and House of Rep- systems of the water reclamation and reuse Agricultural producers in the North resentatives of the United States of America in project. Bay region are facing, and will con- Congress assembled, (d) FINANCIAL ASSISTANCE.— SECTION 1. SHORT TITLE. (1) IN GENERAL.—The Secretary may pro- tinue to encounter, major water short- vide financial and technical assistance to an ages. At the same time, as regulations This Act may be cited as the ‘‘North Bay Water Reuse Program Act of 2007’’. eligible entity to assist in planning, design- continue to restrict and/or eliminate ing, conducting related preconstruction ac- SEC. 2. DEFINITIONS. wastewater discharge, many commu- In this Act: tivities for, and constructing a water rec- lamation and reuse project. nities in the North Bay region will face (1) ELIGIBLE ENTITY.—The term ‘‘eligible challenges as they try to determine the entity’’ means a member agency of the (2) USE.—Any financial assistance provided best way to discharge their treated North Bay Water Reuse Authority of the under paragraph (1) shall be obligated and wastewater. State located in the North San Pablo Bay expended only in accordance with a coopera- tive agreement entered into under this sec- The North Bay Water Reuse Program watershed in— (A) Marin County; tion. will address both problems and enhance (e) COST-SHARING REQUIREMENT.— (B) Napa County; the ecosystem of the San Francisco (1) FEDERAL SHARE.—The Federal share of (C) Solano County; or the total cost of any activity or construction Bay. Specifically, the program will dis- (D) Sonoma County. carried out using amounts made available tribute reclaimed water through a con- (2) SECRETARY.—The term ‘‘Secretary’’ under this section shall be not more than 25 veyance system and deliver it to agri- means the Secretary of the Interior. percent of the total cost of a water reclama- cultural growers, promising a perma- (3) STATE.—The term ‘‘State’’ means the tion and reuse project. nent and dedicated supply of about State of California. (2) FORM OF NON-FEDERAL SHARE.—The non- (4) WATER RECLAMATION AND REUSE 30,000 acre-feet of water per year. Federal share may be in the form of any in- PROJECT.—The term ‘‘water reclamation and The use of reclaimed water for irriga- kind services that the Secretary determines reuse project’’ means a project carried out tion will reduce the demand on both would contribute substantially toward the by the Secretary and an eligible entity in surface and groundwater supplies, and completion of the water reclamation and the North San Pablo Bay watershed relating reuse project, including— thus improve instream flows for ripar- to— (A) reasonable costs incurred by the eligi- ian habitat and fisheries recovery. Fur- (A) water quality improvement; ble entity relating to the planning, design, thermore, in the off-season when irri- (B) wastewater treatment; and construction of the water reclamation gation demand is diminished, the re- (C) water reclamation and reuse; and reuse project; and (D) groundwater recharge and protection; claimed water will be used to increase (B) the fair-market value of land that is— (E) surface water augmentation; or surface water flows for the restoration (i) used for planning, design, and construc- (F) other related improvements. of wetlands, creating habitat for mi- tion of the water reclamation and reuse gratory waterfowl and other wetland SEC. 3. NORTH BAY WATER REUSE PROGRAM. project facilities; and species. (a) IN GENERAL.—The Secretary, acting (ii) owned by an eligible entity. through a cooperative agreement with the (f) OPERATION, MAINTENANCE, AND REPLACE- Most notably, this program grew State or a subdivision of a State, may offer from a collaboration of the three major MENT COSTS.— to enter into cooperative agreements with (1) IN GENERAL.—The eligible entity shall stakeholders in the region that vie for eligible entities for the planning, design, and be responsible for the annual operation, the same water. It is significant that construction of water reclamation and reuse maintenance, and replacement costs associ- the program is supported by the local projects. ated with the water reclamation and reuse governments in three counties, Napa, (b) COORDINATION WITH OTHER FEDERAL project. AGENCIES.—In carrying out this section, the Sonoma and Marin Counties; agricul- (2) OPERATION, MAINTENANCE, AND REPLACE- Secretary and the eligible entity shall, to tural organizations, such as the Napa MENT PLAN.—The eligible entity, in consulta- the maximum extent practicable, use the de- tion with the Secretary, shall develop an op- and Sonoma County Farm Bureaus, the sign work and environmental evaluations Carneros Quality Alliance, the eration, maintenance, and replacement plan initiated by— for the water reclamation and reuse project. Winegrape Growers of Napa County, (1) non-Federal entities; and (g) EFFECT.—Nothing in this Act— the Napa Vintners Association, the (2) the Corps of Engineers in the San Pablo (1) affects or preempts— North Bay Agriculture Alliance; and Bay Watershed of the State. (A) State water law; or environmental organizations, such as (c) COOPERATIVE AGREEMENT.— (B) an interstate compact relating to the The Bay Institute. (1) REQUIREMENTS.—A cooperative agree- allocation of water; or ment entered into under paragraph (1) shall, Thus, the North Bay Water Reuse (2) confers on any non-Federal entity the at a minimum, specify the responsibilities of ability to exercise any Federal right to— Program brings stakeholders that are the Secretary and the eligible entity with re- usually at odds with one another to the (A) the water of a stream; or spect to— (B) any groundwater resource. table to find a solution that is bene- (A) ensuring that the cost-share require- (h) AUTHORIZATION OF APPROPRIATIONS.— ficial to all. ments established by subsection (e) are met; There is authorized to be appropriated for Finally, I would like to note the en- (B) completing— the Federal share of the total cost of the ergy benefits of this project. The (i) a needs assessment for the water rec- first phase of water reclamation and reuse Sonoma Valley treatment plant, in- lamation and reuse project; and projects carried out under this Act, an stalling solar panels that will generate (ii) the planning and final design of the amount not to exceed 25 percent of the total water reclamation and reuse project; 40 percent of its energy needs. Another cost of those reclamation and reuse projects (C) any environmental compliance activity or $25,000,000, whichever is less, to remain partner in the program, Las Gallinas required for the water reclamation and reuse available until expended. Valley Sanitary District, generates 90 project; percent of its operating energy using (D) the construction of facilities for the By Mrs. FEINSTEIN: solar panels. water reclamation and reuse project; and S. 1473. A bill to authorize the Sec- The North Bay Water Reuse Program (E) administrating any contract relating retary of the Interior, acting through will allow vineyard managers to cease to the construction of the water reclamation the Bureau of Reclamation, to enter or significantly reduce their use of gas and reuse project. into a cooperative agreement with the (2) PHASED PROJECT.— and electric powered pumps that cur- Madera Irrigation District for purposes (A) IN GENERAL.—A cooperative agreement rently deliver irrigation water. The described in paragraph (1) shall require that of supporting the Madera Water Supply program proponents expect to see a net any water reclamation and reuse project car- Enhancement Project; to the Com- reduction of overall energy use for re- ried out under this section shall consist of 2 mittee on Energy and Natural Re- gional irrigation operations, as well as phases. sources. a net reduction in the emissions of car- (B) FIRST PHASE.—During the first phase, Mrs. FEINSTEIN. Mr. President, bon dioxide from irrigation operations. the Secretary and an eligible entity shall today I am introducing the Madera I ask unanimous consent that the complete the planning, design, and construc- Water Supply Enhancement Act. This tion of the main treatment and main convey- legislation authorizes the Bureau of text of the bill be printed in the ance system of the water reclamation and RECORD. reuse project. Reclamation, Bureau, to participate in There being no objection, the text (C) SECOND PHASE.—During the second the design and construction of the was ordered to be printed in the phase, the Secretary and an eligible entity Madera Water Supply Enhancement RECORD, as follows: shall complete the planning, design, and con- Project, project, that is essential to

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00274 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.173 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6851 improving the water supply in the The feasibility of constructing a (1) The term ‘‘District’’ means the Madera Madera Irrigation District, MID, in water bank on the Madera Ranch prop- Irrigation District, Madera, California. Madera County, CA, and in California’s erty has been under consideration for (2) The term ‘‘Project’’ means the Madera over a decade. In 1996 the Bureau began Water Supply Enhancement Project, a Central Valley. groundwater bank on the 13,646 acre Madera Representative GEORGE RADANOVICH studying this possibility, and in 1998 Ranch in Madera, California, owned, oper- has introduced companion legislation the Bureau finalized plans to fund a ated, maintained, and managed by the Dis- to this bill in the House, and I look for- water bank on the property. After con- trict that will plan, design, and construct re- ward to working with him to get this ducting extensive studies regarding the charge, recovery, and delivery systems able bill enacted. feasibility of building a water bank on to store up to 250,000 acre-feet of water and Agriculture is a multibillion enter- the property, the Bureau was prepared recover up to 55,000 acre-feet of water per prise in California, which produces a to pay over $40 million for the property year. significant portion of the Nation’s food and $60–$70 million to construct the (3) The term ‘‘Secretary’’ means the Sec- retary of the United States Department of supply. To secure this food supply, water bank. This total amount, in ex- the Interior. water is essential. When constructed, cess of $100 million, is significantly (4) The term ‘‘total cost’’ means all reason- the project will have the capacity to more than the cost of MID’s water able costs, such as the planning, design, per- store up to 250,000 acre-feet of water bank almost 10 years later. Although mitting, financing, and construction of the and move up to 55,000 acre feet in or the Bureau eventually withdrew from Project and the fair market value of lands out of storage each year. the project because of local concerns used or acquired by the District for the With increasing demands on limited regarding sizing, water quality, and Project. The total cost of the Project shall not exceed $90,000,000. water supply, the project will enable nonlocal ownership issues, no one has ever disputed the suitability of the site SEC. 3. NO FURTHER STUDIES OR REPORTS. water users to store excess wet year (a) FINDINGS.—Congress finds that the Bu- water supply and this stored water can for a water bank. reau of Reclamation and others have con- then be used during dry years to meet After the Bureau’s involvement ducted numerous studies regarding the demand. To ensure the viability of the ended, Azurix, an Enron subsidiary, at- Project, including, but not limited to the fol- groundwater table and address over- tempted to build a water bank but was lowing: draft problems, 10 percent of the water unable to complete the project because (1) Bureau of Reclamation Technical Re- placed in storage would be left in the of many of the same concerns raised view Groups Final Findings Memorandum, during the Bureau’s efforts. However, July 1997. ground to replenish the aquifer over (2) Bureau of Reclamation Madera Ranch time. many more studies were done during Artificial Recharge Demonstration Test This Project is also a useful com- this phase for the reformulated project. Memorandum, December 1997. plement to efforts to restore the San MID has also conducted further stud- (3) Bureau of Reclamation Madera Ranch Joaquin River. Restoring water to the ies. To date, over $8 million has been Groundwater Bank Phase 1 Report, 1998. San Joaquin River may reduce the spent on studies related to the Project, (4) Draft Memorandum Recommendations water supply available to agriculture exclusive of the Bureau’s own extensive for Phase 2 Geohydrologic Work, April 1998. in the San Joaquin Valley by up to studies of the project. (5) Bureau of Reclamation Madera Ranch Water Banking Proposal Economic Anal- 165,000 acre feet per year. The legislation identifies 18 specific studies done over the past decade on ysis—MP–340. It is very important to me to do what (6) Hydrologic Feasibility Report, Decem- I can to help make up this water def- this project, many by the Bureau itself ber 2003. icit. The Madera Water Bank is one and others by private parties and MID, (7) Engineering Feasibility Report, Decem- project that can help, and I will be all with the Bureau’s full knowledge ber 2003. looking at it and other projects closely and involvement. In many cases, the (8) Feasibility Study of the Preferred Al- to prioritize limited Federal appropria- same engineering consulting firms used ternative, Water Supply Enhancement tions to address this important need. by the Bureau were retained to conduct Project, 2005. MID, the local agency that will build, these further studies. There is simply (9) Engineering Feasibility Report, June nothing left to study, and we should 2005. own and manage the project has al- (10) Report on Geologic and Hydrologic ready made a major financial commit- proceed immediately to the construc- Testing Program for Madera Ranch. ment to making the water bank a re- tion phase of this project. (11) Engine Driver Study, June 2005. ality. MID has spent $37.5 million to The Bureau has been a long-term (12) Wetlands Delineation, 2000, 2001, 2004, purchase the nearly 14,000 acre Madera supporter of California agriculture, and and 2005. Ranch, which will be the site of the working in partnership with the State, (13) Madera Ranch Pilot Recharge: Interim water bank, and millions more on stud- local governments, water users and Technical Memorandum, May 2005. ies. This land is ideal for storing water others has helped provide irrigation (14) Integrated Regional Water Manage- water for over 10 million farmland ment Plan, July 2005. in the aquifer. Over 11,000 acres of the (15) Certified California Environmental ranch also constitute valuable habitat acres. The MID water bank is consistent Quality Act (CEQA) Environmental Impact for numerous species and contain large Report (EIR), September 2005. sections of the region’s native grass- with the Bureau’s historical mission of (16) Baseline Groundwater Level Moni- lands that will be preserved. supporting such locally controlled and toring Report, January 2006. The Energy and Natural Resources initiated water projects. Swift enact- (17) Final Appraisal Study, Madera Irriga- Committee held a hearing on the pred- ment of this legislation is necessary to tion District Water Supply Enhancement ecessor legislation, H.R. 3897, which bring over 10 years of study to a con- Project, October 2006. clusion and make the water bank a re- (18) WDS Groundwater Monitoring Status passed the House of Representatives in Report to Madera Ranch Oversight Com- the 109th Congress. As a result of that ality for Madera County, the sur- rounding region, the Central Valley mittee, November 2006. hearing, two changes were made to the (b) NO FURTHER STUDIES OR REPORTS.—Pur- legislation. and the entire State of California. suant to the Reclamation Act of 1902 (32 First, the total cost of the project is I ask unanimous consent that the Stat. 388) and Acts amendatory thereof and capped at $90 million. Under the legis- text of the bill be printed in the supplemental thereto, the Project is feasible lation, the maximum Federal contribu- RECORD. and the Bureau of Reclamation shall not conduct any further studies or reports re- tion will be $22.5 million or 25 percent There being no objection, the text was ordered to be printed in the lated to determining the feasibility of the of the total cost of the project, which- Project. RECORD, as follows: ever is less. This change provides cer- SEC. 4. COOPERATIVE AGREEMENT. S. 1473 tainty and limits the Federal Govern- All planning, design, and construction of ment’s financial exposure in supporting Be it enacted by the Senate and House of Rep- the Project authorized by this Act shall be this project. resentatives of the United States of America in undertaken in accordance with a cooperative Congress assembled, The second change to last year’s leg- agreement between the Secretary and the SECTION 1. SHORT TITLE. District for the Project. Such cooperative islation is the decision to declare the This Act may be cited as the ‘‘Madera agreement shall set forth in a manner ac- project ‘‘feasible’’ without further Water Supply Enhancement Act’’. ceptable to the Secretary and the District study. The reason for this approach re- SEC. 2. DEFINITIONS. the responsibilities of the District for par- lates to the project’s unusual history. For the purposes of this Act: ticipating, which shall include—

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00275 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.175 S24MYPT1 bajohnson on PRODPC74 with SENATE S6852 CONGRESSIONAL RECORD — SENATE May 24, 2007 (1) engineering and design; taken by Western Municipal Water Dis- There being no objection, the text of (2) construction; and trict, would provide one of California’s the bill was ordered to be printed in (3) the administration of contracts per- fastest growing but drought prone re- the RECORD, as follows: taining to any of the foregoing. gions, with 40,000 acre-feet of new sup- S. 1474 SEC. 5. AUTHORIZATION FOR THE MADERA ply at a reasonable cost of approxi- WATER SUPPLY AND ENHANCEMENT Be it enacted by the Senate and House of Rep- PROJECT. mately $370 per acre foot. The project resentatives of the United States of America in (a) AUTHORIZATION OF CONSTRUCTION.—The would efficiently integrate ground- Congress assembled, Secretary, acting pursuant to the Federal water storage with existing surface SECTION 1. SHORT TITLE. reclamation laws (Act of June 17, 1902; 32 supply management. This Act may be cited as the ‘‘Riverside- Stat. 388), and Acts amendatory thereof or The purpose of the Riverside-Corona Corona Feeder Water Supply Act’’. supplementary thereto, as far as those laws feeder water supply project is to cap- SEC. 2. DEFINITIONS. are not inconsistent with the provisions of ture and store new water in the under- For the purposes of this Act, the following this Act, is authorized to enter into a coop- ground aquifer in wet years in order to definitions apply: erative agreement through the Bureau with (1) DISTRICT.—The term ‘‘District’’ means the District for the support of the design, increase water supply, reduce water costs, and improve water quality. The the Western Municipal Water District, Riv- and construction of the Project. erside County, California. (b) COST SHARE.—The Federal share of the project will include about 20 wells and (2) PROJECT.—The term ‘‘Project’’ means capital costs of the Project shall not exceed 28 miles of pipeline. Studies have the Riverside-Corona Feeder Project and as- 25 percent of the total cost as defined in sec- shown the safe annual yield of the aq- sociated facilities. tion 2(4). Capital, planning, design, permit- uifer is about 40,000 acre-feet. (3) SECRETARY.—The term ‘‘Secretary’’ ting, financing, construction, and land acqui- The project would allow locally means the Secretary of the Interior. sition costs incurred by the District prior to stored water to replace the need to im- the date of the enactment of this Act shall SEC. 3. PLANNING, DESIGN, AND CONSTRUCTION port water from Colorado River and OF THE RIVERSIDE-CORONA FEED- be considered a portion of the non-Federal ER. cost share. State water project sources in times of (a) IN GENERAL.—The Secretary, in co- (c) IN-KIND SERVICES.—In-kind services drought or other shortages. The project operation with the Western Municipal Water performed by the District shall be considered proposes to manage the ground water District, is authorized to participate in the a part of the local cost share to complete the levels by the construction of ground planning, design, and construction of a water Project authorized by subsection (a). water wells and pumping capacity to supply project, the Riverside-Corona Feeder, (d) CREDIT FOR NON-FEDERAL WORK.—The deliver the pumped ground water sup- which includes 20 groundwater wells, ground- District shall receive credit toward the non- ply to water users. A new water con- water treatment facilities, water storage and Federal share of the cost of the Project for— veyance pipeline is also proposed that pumping facilities, and 28 miles of pipeline in (1) reasonable costs incurred by the Dis- San Bernardino and Riverside Counties, Cali- trict as a result of participation in the plan- will serve western Riverside County. fornia. ning, design, permitting, financing, and con- For water users, dependence on im- (b) AGREEMENTS AND REGULATIONS.—The struction of the Project; and ported water in dry years will be re- Secretary may enter into such agreements (2) for the fair market value of lands used duced, water costs will be reduced, and and promulgate such regulations as are nec- or acquired by the District for the Project. water reliability will be improved. essary to carry out this section. (e) LIMITATION.—The Secretary shall not There are also very important envi- (c) FEDERAL COST SHARE.— provide funds for the operation or mainte- ronmental remediation aspects of the (1) PLANNING, DESIGN, CONSTRUCTION.—The nance of the Project authorized by this sec- project. Up to half of the wells would Federal share of the cost to plan, design, and tion. The operation, ownership, and mainte- be placed within plumes of VOCs and construct the project described in subsection nance of the Project shall be the sole respon- perchlorate. These wells could reme- (a) shall be not more than 25 percent of the sibility of the District. total cost of the project, not to exceed (f) PLANS AND ANALYSES CONSISTENT WITH diate about 20,000 acre-feet of currently $50,000,000. FEDERAL LAW.—Before obligating funds for contaminated water per year. Detailed design or construction under this section, feasibility studies and environmental (2) STUDIES.—The Federal share of the cost the Secretary shall work cooperatively with reports have been prepared and ap- to complete the necessary planning studies the District to use, to the extent possible, proved by Western Municipal Water associated with the project described in sub- plans, designs, and engineering and environ- section (a) shall not exceed 50 percent of the District and certified by the State of total study cost and shall be included as part mental analyses that have already been pre- California. pared by the District for the Project. The of the limitation on funds provided in para- The California State Water Re- graph (1). Secretary shall ensure that such information sources Control Board recognizes that as is used is consistent with applicable Fed- (d) IN-KIND SERVICES.—In-kind services eral laws and regulations. the Riverside Corona feeder is an im- performed by the Western Municipal Water (g) TITLE; RESPONSIBILITY; LIABILITY.— portant project, recently awarding it District shall be part of the local cost share Nothing in this section or the assistance pro- $4.3 million from proposition 50 com- to complete the project described in sub- vided under this section shall be construed petitive grant funds. section (a). to transfer title, responsibility or liability Because water agencies understand (e) LIMITATION.—Funds provided by the related to the Project to the United States. that the project is integral to regional Secretary under this section shall not be used for operation or maintenance of the (h) AUTHORIZATION OF APPROPRIATION.— water planning, the Riverside-Corona There is authorized to be appropriated to the project described in subsection (a). feeder has the support of agencies up- (f) AUTHORIZATION OF APPROPRIATIONS.— Secretary to carry out this Act $22,500,000 or stream in San Bernardino County and 25 percent of the total cost of the Project, There is authorized to be appropriated, from whichever is less. downstream in Orange County. This funds in the Treasury not otherwise appro- bill is also supported by and fully con- priated, the Federal cost share described in SEC. 6. SUNSET. subsection (c). The authority of the Secretary to carry sistent with the Metropolitan Water out any provisions of this Act shall termi- District of Southern California’s Inte- nate 10 years after the date of the enactment grated Resource Plan, the Santa Ana By Mrs. FEINSTEIN (for herself of this Act. Watershed Project Authority’s Inte- and Mrs. BOXER): grated Watershed Plan, and the water S. 1475. A bill to amend the Reclama- By Mrs. FEINSTEIN: management plans for the cities of tion Wastewater and Groundwater S. 1474. A bill to authorize the Sec- Riverside, Norco and Corona as well as Study and Facilities Act to authorize retary of the Interior to plan, design the Elsinore Valley Municipal Water the Bay Area Regional Water Recy- and construct facilities to provide District. cling Program, and for other purposes; water for irrigation, municipal, domes- This is a bipartisan initiative, as wit- to the Committee on Energy and Nat- tic, and other uses from the Bunker nessed by the list of cosponsors of the ural Resources. Hill Groundwater Basin, Santa Ana House version of the bill I introduce Mrs. FEINSTEIN. Mr. President, to- River, California, and for other pur- today. I urge my colleagues to support gether with my good friend and col- poses; to the Committee on Energy and this bill to help meet the West’s water league, Senator BARBARA BOXER, Chair- Natural Resources. supply needs and to reduce our depend- man of the Committee on the Environ- Mrs. FEINSTEIN. Mr. President, I ence on the Colorado River. ment and Public Works, I am pleased rise today to introduce legislation to I ask unanimous consent that the to introduce today legislation to help authorize the Riverside-Corona feeder. text of the bill be printed in the the San Francisco bay area a region This project, which is being under- RECORD. with a growing population, limited

VerDate Aug 31 2005 10:50 May 25, 2007 Jkt 059060 PO 00000 Frm 00276 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.178 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6853 water resources, and a unique environ- city of Redwood; South Santa Clara section shall not exceed 25 percent of the mental setting, address its critical County Recycled Water Project–Santa total cost of the project. water needs. Clara Valley Water District, South ‘‘(c) LIMITATION.—The Secretary shall The bill, the Bay Area Regional not provide funds for the operation and County Regional Wastewater Author- maintenance of the project authorized by Water Recycling Program Authoriza- ity; and, South Bay Advanced Recycled this section. tion Act of 2007, would help seven bay Water Treatment Facility—Santa ‘‘(d) AUTHORIZATION OF APPROPRIA- area communities increase their mu- Clara Valley Water District, city of TIONS.—There is authorized to be appro- nicipal water supplies through innova- San Jose. priated to carry out this section $1,400,000. tive and much-needed water recycling These seven projects are estimated to ‘‘SEC. 16xx. ANTIOCH RECYCLED WATER projects. make 12,205 acre-feet of water available PROJECT. These projects offer significant bene- ‘‘(a) AUTHORIZATION.—The Secretary, in annually in the short term, and 37,600 cooperation with the City of Antioch, Cali- fits. For California and the Federal acre-feet annually in the long term, all fornia, and the Delta Diablo Sanitation Dis- Government such benefits include: the while reducing demand on the delta trict, is authorized to participate in the de- preservation of State and Federal res- and on existing water infrastructure. sign, planning, and construction of recycled ervoir supplies for higher uses rather Congressman GEORGE MILLER intro- water system facilities. than for urban landscape irrigation, duced a companion bill, H.R.1526, in the ‘‘(b) COST SHARE.—The Federal share of particularly in drought years; and, a House on March 14, 2007. The bill was the cost of the project authorized by this cost effective, environmentally friend- cosponsored by other bay area law- section shall not exceed 25 percent of the total cost of the project. ly, implementable solution for in- makers, including Representatives ‘‘(c) LIMITATION.—The Secretary shall creased dry year yield in the sensitive ANNA ESHOO, ELLEN TAUSCHER, JERRY not provide funds for the operation and bay-delta region. Regional and local MCNERNEY, TOM LANTOS, MIKE HONDA; maintenance of the project authorized by benefits include: the preservation of ZOE LOFGREN, and PETE STARK. this section. ever declining water supplies from the Water recycling offers great poten- ‘‘(d) AUTHORIZATION OF APPROPRIA- Sierra and delta for higher uses; assist- tial to States like California that suf- TIONS.—There is authorized to be appro- ance in drought-proofing the region fer periodic droughts and have limited priated to carry out this section $2,250,000. fresh water supplies. To address these ‘‘SEC. 16xx. NORTH COAST COUNTY WATER DIS- through provision of a sustainable and TRICT RECYCLED WATER PROJECT. reliable source of water; and reduction issues, the bill would establish a part- ‘‘(a) AUTHORIZATION.—The Secretary, in in wastewater discharges to the sen- nership between the Federal Govern- cooperation with the North Coast County sitive bay-delta environment. ment and local communities to imple- Water District, is authorized to participate The Bay Area Regional Water Recy- ment a regional water recycling pro- in the design, planning, and construction of cling Program is a partnership between gram in the bay area. I urge my col- recycled water system facilities. 17 local bay area water and wastewater leagues to join in support of this legis- ‘‘(b) COST SHARE.—The Federal share of the cost of the project authorized by this agencies, the California Department of lation. section shall not exceed 25 percent of the Water Resources and the U.S. Bureau I ask unanimous consent that the total cost of the project. of Reclamation that is dedicated to text of the bill be printed in the ‘‘(c) LIMITATION.—The Secretary shall maximizing water recycling through- RECORD. not provide funds for the operation and out the region. The regional approach There being no objection, the text maintenance of the project authorized by taken by the bay area project sponsors was ordered to be printed in the this section. ‘‘(d) AUTHORIZATION OF APPROPRIA- ensures that projects with the greatest RECORD, as follows: TIONS.—There is authorized to be appro- S. 1475 regional, statewide, and national bene- priated to carry out this section $2,500,000. Be it enacted by the Senate and House of fits receive the highest priority for im- ‘‘SEC. 16xx. REDWOOD CITY RECYCLED WATER plementation. Representatives of the United States of America PROJECT. This bill would authorize the U.S. in Congress assembled, ‘‘(a) AUTHORIZATION.—The Secretary, in Bureau of Reclamation to participate SECTION 1. SHORT TITLE. cooperation with the City of Redwood City, in seven bay area water recycling pro- This Act may be cited as the ‘‘Bay Area California, is authorized to participate in the Regional Water Recycling Program Author- gram projects that are closest to com- design, planning, and construction of recy- ization Act of 2007’’. cled water system facilities. pletion. Each community with a SEC. 2. PROJECT AUTHORIZATIONS. ‘‘(b) COST SHARE.—The Federal share of project would be eligible to receive 25 (a) IN GENERAL.—The Reclamation the cost of the project authorized by this percent of the project’s construction Wastewater and Groundwater Study and Fa- section shall not exceed 25 percent of the cost. The total cost of the seven cilities Act (Public Law 102–575, title XVI; 43 total cost of the project. projects is $110 million, but the Federal U.S.C. 390h et seq.) is amended by adding at ‘‘(c) LIMITATION.—The Secretary shall Government’s share is only $27.5 mil- the end the following: not provide funds for the operation and lion. State funding is available for ‘‘SEC. 16xx. MOUNTAIN VIEW, MOFFETT AREA RE- maintenance of the project authorized by CLAIMED WATER PIPELINE this section. these projects. PROJECT. ‘‘(d) AUTHORIZATION OF APPROPRIA- For the most part, the projects are ‘‘(a) AUTHORIZATION.—The Secretary, in TIONS.—There is authorized to be appro- ready to proceed and start delivering cooperation with the City of Palo Alto, Cali- priated to carry out this section $1,100,000. their benefits the projects having been fornia, and the City of Mountain View, Cali- ‘‘SEC. 16xx. SOUTH SANTA CLARA COUNTY RECY- repeatedly vetted, both internally at fornia, is authorized to participate in the de- CLED WATER PROJECT. the local level and through the various sign, planning, and construction of recycled ‘‘(a) AUTHORIZATION.—The Secretary, in steps of the Federal review process but water distribution systems. cooperation with the South County Regional ‘‘(b) COST SHARE.—The Federal share of Wastewater Authority and the Santa Clara Federal funding is needed to make im- the cost of the project authorized by this Valley Water District, is authorized to par- plementation a reality and to allow the section shall not exceed 25 percent of the ticipate in the design, planning, and con- many benefits of these projects to be total cost of the project. struction of recycled water system distribu- realized. ‘‘(c) LIMITATION.—The Secretary shall tion facilities. Specifically, the bill would authorize not provide funds for the operation and ‘‘(b) COST SHARE.—The Federal share of the Secretary of the Interior to partici- maintenance of the project authorized by the cost of the project authorized by this pate in the following bay area water this section. section shall not exceed 25 percent of the ‘‘(d) AUTHORIZATION OF APPROPRIA- reuse projects: Antioch Recycled Water total cost of the project. TIONS.—There is authorized to be appro- ‘‘(c) LIMITATION.—The Secretary shall project—Delta Diablo Sanitation Dis- priated to carry out this section $5,000,000. not provide funds for the operation and trict, city of Antioch; North Coast ‘‘SEC. 16xx. PITTSBURG RECYCLED WATER maintenance of the project authorized by County Water District Recycled Water PROJECT. this section. project—North Coast County Water ‘‘(a) AUTHORIZATION.—The Secretary, in ‘‘(d) AUTHORIZATION OF APPROPRIA- District; Mountain View/Moffett Area cooperation with the City of Pittsburg, Cali- TIONS.—There is authorized to be appro- Water Reuse Project—city of Palo fornia, and the Delta Diablo Sanitation Dis- priated to carry out this section $7,000,000. Alto, city of Mountain View: Pittsburg trict, is authorized to participate in the de- ‘‘SEC. 16xx. SOUTH BAY ADVANCED RECYCLED sign, planning, and construction of recycled WATER TREATMENT FACILITY. Recycled Water Project–Delta Diablo water system facilities. ‘‘(a) AUTHORIZATION.—The Secretary, in Sanitation District, city of Pittsburg; ‘‘(b) COST SHARE.—The Federal share of cooperation with the City of San Jose, Cali- Redwood City Recycled Water project— the cost of the project authorized by this fornia, and the Santa Clara Valley Water

VerDate Aug 31 2005 09:18 May 25, 2007 Jkt 059060 PO 00000 Frm 00277 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.182 S24MYPT1 bajohnson on PRODPC74 with SENATE S6854 CONGRESSIONAL RECORD — SENATE May 24, 2007 District, is authorized to participate in the Manzanar National Historic Site, the This year marks the 65th anniversary design, planning, and construction of recy- Nation’s first unit of the National Park of the internment of Japanese-Ameri- cled water treatment facilities. System dedicated to telling the story cans, when the Federal Government or- ‘‘(b) COST SHARE.—The Federal share of the cost of the project authorized by this of the wrongful internment of the Jap- dered Japanese American men, women section shall not exceed 25 percent of the anese American community during and children to report to temporary as- total cost of the project. World War II. sembly centers, including 13 centers in ‘‘(c) LIMITATION.—The Secretary shall I am pleased to say that Manzanar California. Many families were broken not provide funds for the operation and has been a terrific success story. My up as fathers were sent to prisons, maintenance of the project authorized by colleague Representative JERRY LEWIS work camps and Department of Justice this section. and I were able to secure Federal ap- camps hundreds of miles away. With- ‘‘(d) AUTHORIZATION OF APPROPRIA- propriations to refurbish the camp au- out hearings or any evidence of dis- TIONS.—There is authorized to be appro- priated to carry out this section $8,250,000.’’. ditorium to accommodate the tens of loyalty, Japanese-American families (b) CONFORMING AMENDMENTS.—The table thousands of visitors to the site. Last were transported to assembly centers of items in section 2 of Public Law 102–575 is year, nearly 90,000 people visited the in April and May of 1942. The largest amended by inserting after the item relating Manzanar National Historic Site to assembly center was at the Santa to section 16xx the following: learn about this unfortunate chapter in Anita racetrack, which held over 18,000 ‘‘Sec. 16xx. Mountain View, Moffett Area United States history. people in horse stalls and other make- Reclaimed Water Pipeline As part of the Manzanar legislation, shift quarters. Project. Congress directed the National Park ‘‘Sec. 16xx. Pittsburg Recycled Water Deprived of their basic constitutional Project. Service to conduct a study of the other rights, Japanese-American citizens and ‘‘Sec. 16xx. Antioch Recycled Water Project. camp sites and to recommend National resident aliens were held in these cen- ‘‘Sec. 16xx. North Coast County Water Dis- Historic Landmark designation for ters until the U.S. government built trict Recycled Water Project. these sites. Based on this study, the more permanent camps in 10 locations ‘‘Sec. 16xx. Redwood City Recycled Water Department of the Interior designated in California and throughout the West- Project. Tule Lake as a National Historic Land- ‘‘Sec. 16xx. South Santa Clara County Recy- ern States and Arkansas. Together, cled Water Project. mark last year, upon finding that the these camps held over 120,000 Japanese ‘‘Sec. 16xx. South Bay Advanced Recycled remaining 42 acres of federally owned Americans, of which about three quar- Water Treatment Facility.’’. land at the site possesses national sig- ters were living in California before the SEC. 3. SAN JOSE AREA WATER RECLAMATION nificance. war. AND REUSE PROJECT. Of all of the camp sites, Tule Lake My good friend, the late-Representa- It is the intent of Congress that a com- has retained some of the most signifi- tive Robert Matsui, was just an infant prehensive water recycling program for the cant historic features dating back to when his family was ordered from their San Francisco Bay Area include the San the internment. The federally owned home in Sacramento to the Pinedale Jose Area water reclamation and reuse pro- lands include numerous camp buildings gram authorized by section 1607 of the Rec- Assembly Center. From there, he was lamation Projects Authorization and Adjust- in their original locations, most nota- sent to the Tule Lake, Segregation ment Act of 1992 (43 U.S.C 390h–5). bly the camp stockade, which was a Center in Modoc County, CA not far ‘‘jail within a jail.’’ The finding of the from the Oregon border. By Mrs. FEINSTEIN (for herself, site’s national significance by the Sec- Like the other camps, the Tule Lake Mrs. BOXER, and Mr. INOUYE): retary of the Interior last year is a key Relocation Center was constructed in a S. 1476. A bill to authorize the Sec- step forward in the process to evaluate remote area, on a large tract of feder- retary of the Interior to conduct a spe- the site’s potential for management by ally owned land, managed by the U.S. cial resources study of the Tule Lake the National Park Service. Bureau of Reclamation. Prisoners Segregation Center in Modoc County, Over the past several years, the Tule there held frequent demonstrations and California, to determine suitability Lake Preservation Committee, the strikes, demanding their rights under and feasibility of establishing a unit of Japanese American Citizens League, the U.S. Constitution. As a result, Tule the National Park System; to the Com- the Japanese American National Mu- Lake was made a ‘‘segregation camp,’’ mittee on Energy and Natural Re- seum and other local, regional and na- and internees from other camps who sources. tional partners have worked with had refused to take the loyalty oath or Mrs. FEINSTEIN. Mr. President, I Modoc County and the local commu- had caused disturbances were sent rise today with Senators BARBARA nity to develop a recommendation to there. BOXER and DANIEL INOUYE to introduce study the potential for designation of Despite these injustices, many young legislation that would authorize the the Tule Lake Segregation Center as a men in camp answered the call to serve National Park Service to conduct a National Historic Site. I am pleased in the U.S. Army and demonstrated special resource study of the Tule Lake that this legislation has been endorsed their loyalty to the United States and Segregation Center, a World War II-era by the Modoc County Board of Super- to defend the same basic constitutional Japanese American internment camp, visors. freedoms that had been violated by the located in Northern California. Although the Tule Lake Segregation U.S. Government’s actions. Japanese My colleagues in the House of Rep- Center is already a National Historic Americans served with great valor and resentatives, Congressman JOHN DOO- Landmark, the 42-acre site is not man- bravery in Europe, including our col- LITTLE and Congresswoman DORIS MAT- aged by the National Park Service. league Senator DANIEL INOUYE. SUI, also are introducing companion This bill would authorize the National During its operation, Tule Lake was legislation today. Park Service to study the feasibility the largest of the 10 camps, with 18,789 In 1942, as part of a wave of anti-Jap- and suitability of managing the Fed- people housed in makeshift barracks. anese sentiment following the attack eral lands at Tule Lake as a 42-acre Na- Opened on May 27, 1942, Tule Lake was on Pearl Harbor, Franklin D. Roosevelt tional Historic Site, to be managed as one of the last camps to be closed, signed Executive Order 9066 to author- part of the Lava Beds National Monu- staying open until March 20, 1946, 7 ize the U.S. military to incarcerate ment. Through this legislation, the months following the end of World War Japanese American families from Cali- NPS will develop various management II. fornia and other west coast States, in alternatives for the site and give the Following World War II, our Nation violation of their due process rights af- public an opportunity to comment on has recognized that the forced evacu- forded to all Americans. the alternatives, through a public proc- ation and incarceration of Japanese Over the years, California’s political ess. In light of the recent National Americans was wrong and that there leaders have led a national bipartisan Park Service work to prepare the na- was no basis to question the loyalty effort to ensure that this chapter in tional historic landmark designation, and patriotism of Japanese Americans. American history is not forgotten. the cost to complete this study is quite The internment of Japanese Ameri- In 1992, my colleagues in the Cali- modest. Upon completion of the study, cans during World War II was a grim fornia congressional delegation passed the NPS would transmit the study to chapter in America’s history. Con- bi-partisan legislation to establish the Congress for review. ducting this special resources study,

VerDate Aug 31 2005 10:50 May 25, 2007 Jkt 059060 PO 00000 Frm 00278 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.184 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6855 and the potential creation of the Tule Jackson Gulch rehabilitation project to the Committee on Health, Edu- Lake National Historic Site, will help in the State of Colorado; to the Com- cation, Labor, and Pensions. ensure that we honor surviving intern- mittee on Energy and Natural Re- Mr. BAUCUS. Mr. President, for ees during their lifetime and will serve sources. years, Congress has not been able to as a lasting reminder of our ability to Mr. SALAZAR. Mr. President, today answer the question, ‘‘What can be inflict pain and suffering upon our fel- Senator ALLARD and I introduced the done about rising medical malpractice low Americans. Jackson Gulch Rehabilitation Act of insurance premiums?’’ Today, Senator It is important that we recognize the 2007, which would authorize $6.4 mil- ENZI and I begin a process we hope will historic significance of Tule Lake Seg- lion, subject to appropriations, to pay end with action by Congress to resolve regation Center within the lifetimes of an 80-percent Federal cost-share for re- the problem. the few surviving Japanese-American habilitation of the Jackson Gulch The discussions the Senate has had internees, before many of their stories Canal system and related infrastruc- about medical malpractice premiums are lost. tures in southwest Colorado. until now have centered around impos- I urge my colleagues to join me in Nearly 60 years ago, the Mancos ing caps on noneconomic damages. The supporting this legislation. I ask unan- Project canal was built, delivering debate over caps has occurred several imous consent that the text of the bill water from Jackson Gulch Dam to resi- times in recent years, and has always ended with a failure to invoke cloture be printed in the RECORD. dents, farms and businesses in Monte- There being no objection, the text of zuma County. Since its construction, to vote on the legislation. the bill was ordered to be printed in the Mancos Project has been main- I have consistently opposed caps leg- islation because caps have been unsuc- the RECORD, as follows: tained by the Mancos Water Conser- vancy District and inspected by the cessful in preventing increases in med- S. 1476 ical malpractice premiums in my home Bureau, but has outlived its expected Be it enacted by the Senate and House of Rep- State of Montana, as well as several life and is now badly in need of reha- resentatives of the United States of America in other States. Clearly, it is time for a Congress assembled, bilitation. The people of Montezuma County different approach. SECTION 1. SHORT TITLE. The problem of rising insurance pre- This Act may be cited as the ‘‘Tule Lake have shown great patience on the miums affects the medical community, Segregation Center Special Resource Study Mancos Project, but the situation is Act’’. the legal community and, most impor- turning dire. Washington must not for- tantly, patients. Doctors, burdened SEC. 2. STUDY. get the needs of people in rural areas, (a) IN GENERAL.—The Secretary of the In- with continually-increasing insurance terior (referred to in this Act as the ‘‘Sec- and in the rural areas of the West, costs, have chosen to retire early, relo- retary’’) shall conduct a special resource water is one of the most important cate their practices, or limit the serv- study of the national significance, suit- needs they have. ices they provide to avoid high-risk ability, and feasibility of including the Tule The Mancos Project and the Jackson procedures. Lawyers are concerned Lake Segregation Center in the National Gulch Dam provide supplemental agri- that reforms limit patients’ ability to Park System. cultural water for about 8,650 irrigated (b) INCLUSION OF SITES IN THE NATIONAL be compensated for their injuries. acres and a domestic water supply for While patients find themselves caught PARK SYSTEM.—The study under subsection the Mesa Verde National Park. The (a) shall include an analysis and any rec- in the middle, with ever-decreasing ac- ommendations of the Secretary concerning Mancos Project also delivers water to cess to medical and legal services. the suitability and feasibility of designating the more than 500 members of the One of the reasons caps do not offer the site as a unit of the National Park Sys- Mancos Rural Water Company, the significant hope for improving the situ- tem that relates to the themes described in town of Mancos, and at least 237 agri- ation is that they treat the symptom section 3. cultural businesses. of increasing premiums but not the un- (c) STUDY GUIDELINES.—In conducting the The project was build in 1949, and al- derlying disease. We need to look for study authorized under subsection (a), the though it has been maintained since solutions that get to the root of the Secretary shall use the criteria for the study then by the district and inspected by of areas for potential inclusion in the Na- problem. tional Park System contained in section 8 of the Bureau of Reclamation, the project Any successful resolution to the Public Law 91–383 (16 U.S.C. 1a–5). has outlived its expected life and is problem must focus on compensating (d) CONSULTATION.—In preparing and con- badly in need of rehabilitation. The es- injured patients and on attempting to ducting the study under subsection (a), the timated cost to rehabilitate the canal prevent similar injuries in the future. Secretary shall consult with Modoc County, system is less than one-third the cost A 1999 Institute of Medicine study, To the State of California, appropriate Federal of replacement. Err is Human, estimated that medical agencies, Tribal and local government enti- If the Jackson Gulch Canal system errors cause as many as 98,000 deaths ties, private organizations, and private land experienced a catastrophic failure, it per year in our Nation’s hospitals owners. could result in Mesa Verde National SEC. 3. THEMES. alone. Even more deaths occur over the The study authorized under section 2 shall Park being without water during the long-term and outside hospitals. evaluate the Tule Lake Segregation Center peak of their visitation and fire season, I think a new approach is in order. As with respect to the following themes: the town of Mancos suffering a severe such, Senator ENZI and I introduced (1) The significance of the site as a compo- municipal water shortage, and the pos- the Fair and Reliable Medical Justice nent of World War II. sible loss of up to approximately $1.48 Act in the 109th Congress, and we are (2) The significance of the site as it related million dollars of crop production and here today to reintroduce it. Our bill is to other war relocation centers. sales annually. innovative in how it confronts the (3) Historic buildings, including the stock- Mr. President, the Mancos Water problem. ade, that are intact and in place, along with Conservancy District has already ob- We believe that a solution to this numerous other resources. tained a loan from the Colorado Water complex problem requires flexibility. (4) The contributions made by the local ag- We believe that because the civil jus- ricultural community to the war effort. Conservation Board, which, when com- (5) The potential impact of designation of bined with a recent mill levy increase, tice system is largely a function of the sire as a unit of the National Park Serv- will enable the district to meet its State law, the States are best situated ice on private land owners. share of the project costs. The Federal to decide how their systems can be im- SEC. 4. REPORT. Government through the Bureau of proved to work better for patients. We Not later than 1 year after funds are made Reclamation has an important role to also believe that changes of this order available for this Act, the Secretary shall play as well. I look forward to working should be tested and well thought out submit to the Committee on Natural Re- rather than simply mandated. There is sources of the House of Representatives and with my colleagues to pass this legisla- tion. no one size fits all answer. the Committee on Energy and Natural Re- So, our bill provides flexibility, sources of the Senate a report describing the leaves the decision-making to States findings, conclusions, and recommendations By Mr. BAUCUS (for himself and of the study. Mr. ENZI): and provides for demonstration pro- S. 1481. A bill to restore fairness and grams to implement change in a By Mr. SALAZAR (for himself reliability to the medical justice sys- thoughtful way. We owe a debt of grati- and Mr. ALLARD): tem and promote patient safety by fos- tude to the experts at the Institute of S. 1477. A bill to authorize the Sec- tering alternatives to current medical Medicine for their 2002 report entitled, retary of the Interior to carry out the tort litigation, and for other purposes; Fostering Rapid Advances in Health

VerDate Aug 31 2005 10:50 May 25, 2007 Jkt 059060 PO 00000 Frm 00279 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.205 S24MYPT1 bajohnson on PRODPC74 with SENATE S6856 CONGRESSIONAL RECORD — SENATE May 24, 2007 Care: Learning from System Dem- before us, no one ever stands up to tively deter future mistakes. Even onstration, for helping shape the Fair argue that the system doesn’t need any worse, it replaces the element of trust and Reliable Justice Act. reform. In fact, everyone in the Senate that is so vital to the provider-patient Our bill promotes State-based dem- agrees that our medical litigation sys- relationship with distrust. We can onstrations of alternatives to current tem needs to be changed. make it better. medical liability litigation. It aims to Why doesn’t anyone try to defend our That is why I am introducing this increase the number of patients who current medical litigation system? Be- key legislation with Senator BAUCUS receive compensation for their injuries. cause it doesn’t work. No one—not pa- today. Our bill would provide $5 million It also tries to improve the speed with tients or health care providers—are ap- to 10 States to initiate, fund, and which they receive such compensation. propriately served by our current pro- evaluate demonstration projects that The bill also encourages patient safety cedures. Right now, many patients who offer alternatives to traditional tort by promoting disclosure of medical er- are hurt by negligent actions receive litigation. It will not pre-empt State rors, unlike the current tort system no compensation for their loss. Those law. It will allow States to find cre- which encourages doctors to cover up who do receive a mere 40 cents of every ative alternatives that will work much medical mistakes. premium dollar, given the high costs of better for patients and providers in Because the insurance premium prob- legal fees and administrative costs. each State. The States have been pol- lem and civil justice remedies vary by That is simply a waste of medical re- icy pioneers in many areas before, in- state we feel that the States are best sources. The randomness and delay as- cluding workers’ compensation, wel- positioned to analyze their unique situ- sociated with medical litigation does fare reform, and electricity deregula- ations and most capable to implement not contribute to timely, reasonable tion. Medical litigation should be the an effective solution. Therefore, the compensation for most injured pa- next item on the agenda of the labora- Fair and Reliable Medical Justice Act tients. Some injured patients get huge tories of democracy that are our 50 would establish State-based dem- jury awards, while many others get States. Let’s take a step forward for onstration programs. The bill allows nothing at all. It is important to pa- American patients and their doctors by States to develop new ways to address tients and doctors that our justice sys- allowing this framework to move for- and resolve their health care dispute tem is perceived as both efficient and ward and make the changes that we all issues. fair. Furthermore, the likelihood and know are needed. There are innovative efforts already the outcomes of lawsuits and settle- in effect in the private sector and some ments bear little relation to whether a By Mr. ROCKEFELLER (for him- States that have achieved some suc- healthcare provider was at fault. Con- self and Ms. SNOWE): cess. I think it is time to encourage sequently, we are not learning from S. 1482. A bill to amend part A of more innovation, to expand the range our mistakes. Rather, we are simply di- title IV of the Social Security Act to of options, and to empower the states verting our doctors. When someone has require the Secretary of Health and to experiment and learn how to solve a medical emergency they want to see Human Services to conduct research on this persistent problem. a doctor in an operating room, not a indicators of child well-being; to the I want to thank Senator ENZI for his court room. Committee on Finance. leadership on this issue. I am proud to The medical liability system is los- Mr. ROCKEFELLER. Mr. President, I have worked with him. I also want to ing information that could be used to am pleased to introduce bipartisan leg- recognize Representatives COOPER and improve the practice of medicine. Al- islation today along with my distin- THORNBERRY, who are dropping a com- though zero medical errors is an unat- guished colleague, Senator OLYMPIA panion bill in the House today. This tainable goal, the reduction of medical SNOWE, known as the State Child Well- bill approaches the medical liability errors, should be the ultimate goal in Being Research Act of 2007. This bill is insurance premium problem from a medical liability reform. The Institute designed to enhance child well-being by new perspective, through a set of com- of Medicine, in its seminal study, ‘‘To requiring the Secretary of Health and mon-sense pilot projects centered on Err is Human,’’ estimated that pre- Human Services to facilitate the col- improving patient safety. Rather than ventable medical errors kill somewhere lection of State-specific data based on mandating a Federal band-aid for this between 44,000 and 98,000 Americans a set of defined indicators. The well- recurring problem, this bill encourages each year. That study further empha- being of children is important to both the States to be innovative and cre- sized that to improve our health care the national and State governments ative to solve the problem while giving outcomes, we should no longer focus on and data collection is a priority that them flexibility and Federal support to individual situations but on the whole should not be ignored. implement their cures. systems of care that are failing Amer- In 1996, Congress passed bold legisla- Mr. ENZI. Mr. President, I rise to dis- ican patients. In the 8 years since that tion to dramatically change our wel- cuss a bill that I will introduce today study, little progress has been made. fare system, and I supported it. The with Senator BAUCUS—the Fair and Re- Instead, the practice of medicine has driving force behind this reform was to liable Medical Justice Act of 2007. This become more specialized and complex, promote work and self-sufficiency of legislation recognizes the current dis- while the tort system has forced more families and to provide flexibility to repair of our medical liability system focus on individual blame than on sys- States—where most child and family and puts into place a process that will tem safety. legislation takes place—to achieve provide better results for patients and To mitigate that individual blame, these goals. States have used this flexi- for doctors. doctors practice ‘‘defensive medicine.’’ bility to design different programs that Our legislation is designed to encour- Simply stated, ‘‘defensive medicine’’ work better for families who rely on age States to rethink the way the sys- occurs when a doctor departs from them. Other programs that serve chil- tem works so that injured patients re- doing what is best for the patient be- dren, ranging from the Children Health ceive fair and just compensation in a cause of fear of a lawsuit. Defensive Insurance Program, CHIP, to child wel- more timely manner. The new system medicine can mean ordering more tests fare services, can vary among States. would also provide consistent and reli- or providing more treatment than nec- It is obvious that in order for policy able results so that doctors can elimi- essary. For instance, a doctor might makers to evaluate child well-being, nate the practice of defensive medicine order an unnecessary and painful bi- we need State-by-State data on child and instead focus on the needs of each opsy. Some estimates suggest that well-being to measure the results. Cur- individual patient. Unfortunately, that Americans will pay $70 billion for de- rent survey methods can provide mini- doesn’t happen right now because our fensive medicine this year. Even if it is mal data on some indicators of child system is broken. half that, it is still way too much. well-being, but insufficient data is pro- I know we debate medical litigation Let’s face it. Our medical litigation vided on low-income families, geo- frequently here on the floor, but system is in need of repair. It fails to graphic variation, and young children. throughout those debates I have no- achieve its twin objectives. It doesn’t Additionally, the information is not ticed something interesting. Whenever provide fair and fast compensation to provided in a timely manner, which im- we argue the pros and cons of the bills injured patients, and it doesn’t effec- pedes legislators’ ability to effectively

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It also pro- We have heard from former foster fare reform. motes information and communica- teens across our Nation who have stat- The State Child Well Being Research tions technology literacy, known as ed that they were better off ‘‘aging’’ Act Of 2007 is intended to fill this infor- ICT literacy, and life and career skills out of the foster care system than mation gap by collecting up-to-date, such as self direction and leadership. being adopted by a family because of a State-specific data that can be used by This bold agenda needs to be woven fear of losing student Federal financial policymakers, researchers, and child into State education strategy at every aid because as a foster student they advocates to assess the well-being of level, including standards and assess- don’t have to report any parental in- children. It would require that a survey ments, curriculum, professional devel- come on their student financial aid ap- examine the physical and emotional opment, and learning environments. plication. health of children, adequately rep- Every State willing to accept and Our legislation provides a solution by resent the experiences of families in in- work to implement such a progressive amending the definition of ‘‘inde- dividual States, be consistent across model and agenda deserves encourage- pendent student’’ to include foster care States, be collected annually, articu- ment and support. That is why this bill youth who were adopted after the age late results in easy to understand would create a 21st Century Skills In- of 13 in the Higher Education Act of terms, and focus on low-income chil- centive Fund to provide Federal 1965. Thus, the family and student dren and families. This legislation also matching dollars for new State invest- would not be penalized on their Federal establishes an advisory committee ments and foundation donations to 21st financial aid as their classification which consists of a panel of experts Century Skills. There would also be a would be determined by only the stu- who specialize in survey methodology, Federal tax incentive for corporate do- dent’s ability to pay. Most prospective indicators of child well-being, and ap- nations. The Federal Government adopting parents would not have finan- plication of this data to ensure that won’t put up a dime until a state’s plan cially planned for an older teen becom- the purpose is being achieved. is approved by the Partnership for 21st ing part of their family. Our legislation Further, this bill avoids some ofthe Century Skills, a nonprofit organiza- offers an incentive to promote older other problems in the current system tion of leading technology companies adoptions rather than having the teen by making data files easier to use and and education leaders. But the Federal stay in foster families until they ‘‘age more readily available to the public. Government will offer matching grants out.’’ As a result, the information will be to help States that are willing to make The numbers are startling and its more useful for policy-makers man- an investment in such quality edu- time we act. Currently, 20,000 youth aging welfare reform and programs for cation. ‘‘age’’ out of the foster care system children and families. This is an important investment, and each year with 30 percent of these Finally, this legislation also offers the next step to enhance education and youth incarcerated within 12 months of the potential for the Health and prepare our students for the new, com- doing so. There are 513,000 children in Human Service Department to partner petitive workforce. This initiative also foster care with nearly half the kids with several private charitable founda- will emphasize global awareness, civic over the age of 10. Children in foster tions, including the Annie E. Casey, literacy and life skills so young people care are twice as likely as the rest of John D. and Catherine T. MacArthur, understand our place in the world and the population to drop out before fin- and McKnight foundations, who are in- are ready to take on greater respon- ishing high school. Several foster care sibilities in understanding and improv- terested in forming a partnership to alumni studies indicate that within ing their own communities. provide outreach and support and to three years after leaving foster care: The Partnership for 21st Century only 54 percent had earned their high guarantee that the data collected Skills Partnership has introduced a school diploma, only 2 percent had would be broadly disseminated. This new model for education. It represents type of public-private partnership a bold and important new direction for graduated from a four-year college, and helps to leverage additional resources the future of education in this country. 25 to 44 percent had experienced home- for children and families and increases This legislation is designed to help the lessness. Statistics show youth that are adopt- the study’s impact. Given the tight Federal Government become a partner ed out of the foster care system attend budget we face, partnerships make and play a positive role in preparing college, have stable lives, have a per- sense to meet this essential need. I our students for their future. hope my colleagues review this legisla- manent family, and have a future of tion carefully and support it so that we By Mr. COLEMAN (for himself hope. One to two years of community and State policy makers and advocates and Ms. LANDRIEU): college coursework significantly in- have the information necessary to S. 1488. A bill to amend the definition creases the likelihood of economic self- make good decisions for children. of independent student for purposes of sufficiency. A college degree is the sin- the need analysis in the Higher Edu- gle greatest factor in determining ac- By Mr. ROCKEFELLER (for him- cation Act of 1965 to include older cess to better job opportunities and self and Ms. SNOWE): adopted students; to the Committee on higher earnings. S. 1483. A bill to create a new incen- Health, Education, Labor, and Pen- The Fostering Adoption To Further tive fund that will encourage States to sions. Student Achievement Act ensures that adopt the 21st Century Skills Frame- Mr. COLEMAN. Mr. President, as children don’t have to make a tough work; to the Committee on Finance. U.S. Senators, we are well aware of the decision between choosing to have a Mr. ROCKEFELLER. Mr. President, I difficulty in making tough decisions. family or an education. rise today to introduce legislation to But, a tough decision for 13-year-old I ask unanimous consent that the create a 21st Century Skills Incentive foster care child shouldn’t be choosing text of the bill be printed in the Fund, and I am proud to have the bi- between being adopted and having a RECORD. partisan support of my colleague, Sen- permanent loving, stable, and secure There being no objection, the bill was ator OLYMPIA SNOWE. We have a tradi- family, or attending college for a ordered to be printed in the RECORD, as tion of working together, especially on promising future. Today, I am proud to follows: education and technology. be joined by my friend, Senator MARY S. 1488 This legislation is designed to sup- LANDRIEU from Louisiana, in intro- Be it enacted by the Senate and House of Rep- port and encourage those States that ducing the Fostering Adoption To Fur- resentatives of the United States of America in are willing to accept the bold challenge ther Student Achievement Act because Congress assembled, of the Partnership for 21st Century we believe all youth deserve both a lov- SECTION 1. SHORT TITLE. Skills to teach the core subjects, but to ing family and a future of hope. This Act may be cited as the ‘‘Fostering also go beyond the basics to include Our legislation promotes older adop- Adoption to Further Student Achievement Act’’. 21st Century themes like global aware- tions of foster care youth by not later SEC. 2. AMENDMENT TO INDEPENDENT STU- ness and entrepreneurial literacy. The penalizing the adopting family when DENT. partnership’s framework emphasizes their student applies for student Fed- Section 480(d) of the Higher Education Act skills like critical thinking, innovation eral financial aid. of 1965 (20 U.S.C. 1087vv(d)) is amended—

VerDate Aug 31 2005 10:50 May 25, 2007 Jkt 059060 PO 00000 Frm 00281 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.210 S24MYPT1 bajohnson on PRODPC74 with SENATE S6858 CONGRESSIONAL RECORD — SENATE May 24, 2007 (1) in paragraph (6), by striking ‘‘or’’ after Times have certainly changed since I initiatives that are all already under- the semicolon; retired from the Navy some 16 years way in other areas of the health care (2) in paragraph (7), by striking the period ago. I used to keep all my medical industry. at the end and inserting ‘‘; or’’; and records in a brown manila folder. The Federal Employees Electronic (3) by adding at the end the following: I carried this manila folder with me Personal Health Records Act of 2006 ‘‘(8) was adopted from the foster care sys- tem when the individual was 13 years of age from the time I left Ohio State, on to will require all Insurance Plans that or older.’’. Pensacola, Corpus Christi Naval Air contract with the Federal Employees Station, out to California, across the Health Benefits Program, FEHBP, to By Mr. CARPER (for himself and seas and back again, and finally, get- make available an electronic personal Mr. VOINOVICH): ting off of active duty and coming to health record for enrollees in the pro- S. 1490. A bill to provide for the es- Delaware to enroll in business school, gram. tablishment and maintenace of elec- on the GI bill, at the University of Via the Internet, an enrollee will be tronic personal health records for indi- Delaware. able to log-on to his or her electronic viduals and family members enrolled in Over a decade ago, the DOD and the personal health record to keep track of Federal employee health benefits plans VA decided there was a better way. such things as their medications, cho- under chaper 89 of title 5, United And the results have been nothing lesterol and glucose levels, allergies, States Code, and for other purposes; to short of phenomenal. and immunization records. An enrollee the Committee on Homeland Security Today, when a patient enrolls in will also be able to view a comprehen- and Govermental Affairs. DOD’s Military Health System, they sive, easily understood listing of their Mr. CARPER. Mr. President, I rise get an electronic health record, not a health care claims. today to reintroduce a piece of legisla- brown manila folder in which to carry An enrollee can easily share sections tion that Senator VOINOVICH and I have years of paper medical records. Your of the electronic personal health record been working on for over a year now. electronic record will follow you wher- with their health care provider, ensur- The Federal Employees Electronic ever you go, both during your time ing that their health care provider has Personal Health Records Act of 2007 when you are serving in the military the most up-to-date and accurate makes available electronic personal and when you leave to join our vet- health information when making clin- health records for every enrollee of a erans’ community. ical decisions. Federal health benefits plan who wish- Researchers and doctors now laud the Having health information readily es to have one. VA for having the foresight to use elec- available will increase the efficiency Americans will probably spend more tronic health records to improve pa- and safety of health care for an en- than $2 trillion on health care this year tient care and transform itself into one rollee by eliminating unwarranted alone. Over the next 10 years, health of the best health care operations in tests, procedures, and prescriptions. care costs will more than double, top- the country. Most importantly, the legislation en- ping $4 trillion in 2015. And the cost? About $78 per patient, sures that the electronic personal We spend $6,700 per person on health roughly the cost of not repeating one health records provided for through care, more than twice of what other in- blood test. In other words, money well this act are kept private and secure. dustrialized nations spend; and for the spent. The electronic personal health most part, we are not receiving the I have witnessed that new-found sat- records are required to include a num- gold standard of treatment in care. isfaction right in my own back yard, at ber of security features, such as a user A 2005 survey found that medical our Veterans Medical Center in authentication and audit trails. error rates in the United States far ex- Elsmere, DE. Veterans from neigh- The legislation also requires that in- ceed those of other Western countries. boring States are now coming to surance plans comply with all privacy And in that survey, one in three Elsmere to seek care instead of going and security regulations outlined in Americans reported getting the wrong to regular civilian hospitals near them. the Health Insurance Portability and dosage of medication, incorrect test re- So what is keeping the rest of the Accountability Act. sults, mistakes in treatment, or late Nation’s health care system from fol- This bill is designed to jumpstart notification of a test result. That is lowing the lead of the DOD and the this new technology by requiring some nearly 15 percent higher than similar VA? of the largest health insurance compa- results in Britain and Germany. The answer is the high cost of imple- nies to offer electronic personal health Our excessive reliance on paper menting the latest information tech- records, which many are already doing. record keeping makes our health care nologies, as well as the lack of uni- As more insurance companies, health system less efficient, more costly and formity among various technology care providers and consumers use this more prone to mistakes. products. new technology, I am convinced that Doctors diagnose patients without A physician can spend up to $40,000 more people will recognize its advan- knowing their full medical history, implementing an electronic health tages and we can more quickly move what they are allergic to, what kind of records system. A hospital can spend America’s health care industry into surgeries they have had, whether they up to five times that amount. the 21st century. have complained about similar symp- If that weren’t enough of a reason to And as the Nation’s largest em- toms before. say ‘‘no thanks,’’ there is another. We ployer-sponsored health insurance pro- Time constraints, or medical neces- don’t have a set of national standards gram, who better than the Federal Em- sity, often force doctors to form a in place to make sure that once health ployees Health Benefit Program to lead quick diagnosis. Sometimes that diag- care providers have made the switch, the way in this endeavor. nosis is wrong and sometimes it proves their new systems can communicate I urge my colleagues to support the to be a costly error. with the hospital or doctor on the Federal Employees Electronic Personal The widespread use of health infor- other side of town. Health Records Act of 2007. mation technology, the ability to im- As a nation, we cannot afford to rely Mr. President, I ask unanimous con- mediately grab someone’s full medical solely on health care providers to bring sent that the text of the bill be printed history off of a computer, can help doc- the health care industry into the 21st in the RECORD. tors provide better care more cheaply. century. There being no objection, the text of It has the potential to drastically While I was Governor, I signed legis- the bill was ordered to be printed in transform the way we provide health lation that would call for the creation the RECORD, as follows: care. of a statewide information network to S. 1490 If we are looking for success stories bring our health care system into the on how health care professionals have Be it enacted by the Senate and House of Rep- 21st century. Delaware is well under- resentatives of the United States of America in integrated the use of electronic health way toward meeting our goal of estab- Congress assembled, records into their daily routines, we lishing the first statewide health infor- SECTION 1. SHORT TITLE. don’t have to look any further than our mation infrastructure. This Act may be cited as the ‘‘Federal Em- own Departments of Defense and Vet- We must think outside of the box and ployees Electronic Personal Health Records erans Affairs. build on health information technology Act of 2007’’.

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00282 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.213 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6859 SEC. 2. ELECTRONIC PERSONAL HEALTH ‘‘(III) add supplementary health informa- ‘‘Sec. 8915. Electronic personal health RECORDS FOR FEDERAL EMPLOYEE tion, such as information relating to— records.’’. HEALTH BENEFITS PLANS. ‘‘(aa) personal, medical, and emergency SEC. 3. EFFECTIVE DATES AND APPLICATION. (a) CONTRACT REQUIREMENT.—Section 8902 contacts; (a) IN GENERAL.—Except as provided under of title 5, United States Code, is amended by ‘‘(bb) laboratory tests; subsection (b), the amendments made by this adding at the end the following: ‘‘(cc) social history; Act shall take effect 30 days after the date of ‘‘(p) Each contract under this chapter shall ‘‘(dd) health conditions; enactment of this Act. require the carrier to provide for the estab- ‘‘(ee) allergies; (b) ESTABLISHMENT AND MAINTENANCE OF lishment and maintenance of electronic per- ‘‘(ff) dental services; ELECTRONIC PERSONAL HEALTH RECORDS.— sonal health records in accordance with sec- ‘‘(gg) immunizations; The requirement for the establishment and tion 8915.’’. ‘‘(hh) prescriptions; maintenance of electronic personal health (b) ELECTRONIC PERSONAL HEALTH ‘‘(ii) family health history; records under sections 8902(p) and 8915 of RECORDS.—Chapter 89 of title 5, United ‘‘(jj) alternative treatments; title 5, United States Code (as added by this States Code, is amended by adding after sec- ‘‘(kk) appointments; and Act), shall apply with respect to contracts tion 8914 the following: ‘‘(ll) any additional information as needed; for health benefits plans under chapter 89 of ‘‘§ 8915. Electronic personal health records ‘‘(iv) contain— that title which take effect on and after Jan- ‘‘(I) to the extent feasible, claims data uary of the earlier of— ‘‘(a) In this section, the term— from— (1) the first calendar year following 2 years ‘‘(1) ‘claims data’ means— ‘‘(aa) providers of health care services that after the date of enactment of this Act; or ‘‘(A) a comprehensive record of health care participate in health benefits plans under (2) any calendar year determined by the Of- services provided to an individual, including this chapter; fice of Personnel Management. prescriptions; and ‘‘(bb) other providers of health care serv- ‘‘(B) contact information for providers of Mr. VOINOVICH. Mr. President, I ices; and health care services; and wish to speak about a bill my colleague ‘‘(cc) other health benefits plans in which ‘‘(2) ‘standard electronic format’ means a Senator CARPER and I introduced the individual or family members have par- format that— today, the Electronic Personal Health ticipated; ‘‘(A) uses open electronic standards; ‘‘(II) to the extent feasible, clinical care, Records Act. The purpose of this legis- ‘‘(B) enables health information tech- pharmaceutical, and laboratory records; and lation is to provide for the establish- nology to be used for the collection of clini- ‘‘(III) the name of the source for each item ment and maintenance of electronic cally specific data; of health information; personal health records for individuals ‘‘(C) promotes the interoperability of ‘‘(v) authenticate the identity of each indi- and family members enrolled in the health care information across health care vidual upon accessing the electronic per- settings, including reporting under this sec- Federal Employee Health Benefits sonal health record; and tion and to other Federal agencies; Plan, FEHBP. ‘‘(vi) contain an audit trail to list the iden- ‘‘(D) facilitates clinical decision support; The widespread adoption of health in- tity of individuals who access the electronic ‘‘(E) is useful for diagnosis and treatment formation technology, such as elec- personal health record; and and is understandable for the individual or tronic health records, EHR, will revo- ‘‘(C) shall ensure that the individual or family member; and family member may designate— lutionize the health care profession. In ‘‘(F) is based on the Federal messaging and ‘‘(i) any other individual to access and ex- fact, the Institute of Medicine, the Na- health vocabulary standard endorsed by— ercise control over the sharing of the elec- tional Committee on Vital and Health ‘‘(i) the Office of the National Coordinator tronic personal health record; and Statistics, and other expert panels for Health Information Technology; ‘‘(ii) any other individual to access the have identified information technology ‘‘(ii) the American Health Information electronic personal health record in an emer- Community; or as one of the most powerful tools in re- gency; ‘‘(iii) the Secretary of Health and Human ducing medical errors and improving ‘‘(D) shall require each health benefits plan Services. the quality of care. Unfortunately, our to comply with all privacy and security reg- ‘‘(b)(1) Each carrier entering into a con- country’s health care industry lags far ulations promulgated under section 246(c) of tract for a health benefits plan under section the Health Insurance Portability and Ac- behind other sectors of the economy in 8915 shall provide for the establishment and countability Act of 1996 (42 U.S.C. 1320d–2) its investment in IT. maintenance of electronic personal health and other relevant laws relating to privacy The Institute of Medicine estimates records for each individual and family mem- and security; that there are nearly 98,000 deaths each ber enrolled in that health benefits plan in ‘‘(E) shall require each carrier that enters year resulting from medical errors. accordance with this section. into a contract for a health benefits plan to ‘‘(2) In the administration of this section, Many of these deaths can be directly provide for the electronic transfer of the con- the Office of Personnel Management— attributed to the inherent imperfec- tents of an electronic personal health record ‘‘(A) shall ensure that each individual and tions of our current paper-based health to another electronic personal health record family member is provided— care system. This statistic is startling under a different health benefits plan main- ‘‘(i) timely notice of the establishment and tained under this section or a similar record and one that I hope will motivate my maintenance of electronic personal health not maintained under this section if— colleagues to take a close look at the records; and ‘‘(i) coverage in a health benefits plan goals of our legislation. ‘‘(ii) an opportunity to file an election at under this chapter for an individual or fam- The voluntary EHRs that would be any time to— ily member terminates; and established through the Electronic Per- ‘‘(I) not participate in the establishment or ‘‘(ii) that individual or family member sonal Health Records Act will provide maintenance of an electronic personal health elects such a transfer; record for that individual or family member; clinicians with real-time access to ‘‘(F) shall require each carrier to provide and their patient’s health history. Each for education, awareness, and training on ‘‘(II) in the case of an electronic personal EHR would contain claims data, con- electronic personal health records for indi- health record that is established under this tact information for providers of viduals and family members enrolled in section, terminate that electronic personal health benefits plans; and health care services, and other useful health record; ‘‘(G) may require each carrier to provide information for diagnosis and treat- ‘‘(B) shall ensure that each electronic per- for an electronic personal health record to be ment. The records will be available sonal health record shall— made available for electronic access, other cost-free to FEHBP participants and ‘‘(i) be based on standard electronic for- than through the Internet, for the use of the mats; will maintain strict adherence to the individual or family member to whom the ‘‘(ii) be available for electronic access Health Insurance Portability and Ac- record applies, if that individual or family through the Internet for the use of the indi- countability Act, HIPAA. member requests such access. Under the bill, the Office of Per- vidual or family member to whom the record ‘‘(3) Nothing in paragraph (2)(C) shall be applies; construed to provide any rights additional to sonnel Management, OPM, would be re- ‘‘(iii) enable the individual or family mem- the rights provided under the privacy and se- quired to ensure that all carriers who ber to— curity regulations promulgated under sec- participate in FEHBP educate their ‘‘(I) share any contents of the electronic tion 246(c) of the Health Insurance Port- members about the implementation of personal health record through transmission ability and Accountability Act of 1996 (42 the EHR, as well as give timely notice in standard electronic format, fax trans- U.S.C. 1320d–2) and other relevant laws relat- of the establishment of the record and mission, or other additional means to pro- ing to privacy and security.’’. viders of health care services or other per- (c) TECHNICAL AND CONFORMING AMEND- an opportunity for each individual to sons; MENT.—The table of sections for chapter 89 of elect not to participate in the program. ‘‘(II) copy or print any contents of the elec- title 5, United States Code, is amended by OPM, through their carriers, would tronic personal health record; and adding at the end the following: also have to ensure that all records

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00283 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.214 S24MYPT1 bajohnson on PRODPC74 with SENATE S6860 CONGRESSIONAL RECORD — SENATE May 24, 2007 would be available for electronic access 12th; and just last month we dropped to state efforts to improve the quality and use- through Internet, fax, or printed meth- 15th. The broadband bottom line is fulness of broadband data and should encour- od for the use of the individual, and that too many of our international age and support the partnership of the public that to the extent possible, records counterparts are passing us by. For and private sectors in the continued growth of broadband services and information tech- could be transferred from one plan to this we are paying a price. Some ex- nology for the residents and businesses of another. The bill would require EHRs perts estimate that universal the Nation. to be made available 2 years after the broadband adoption would add $500 bil- SEC. 3. IMPROVING FEDERAL DATA ON passage of the legislation or earlier at lion to the U.S. economy and create BROADBAND. the discretion of OPM in consultation more than a million new jobs. (a) IMPROVING FCC BROADBAND DATA.— with the Office of the National Coordi- In a digital age, the world will not Within 120 days after the date of enactment nator for Health Information Tech- wait for us. It is imperative that we get of this Act, the Federal Communications Commission shall issue an order in WC dock- nology within HHS. our broadband house in order and our et No. 07-38 which shall, at a minimum— Not only can EHRs save lives and im- communications policy right. But we (1) revise or update, if determined nec- prove the quality of health care, they cannot manage what we do not meas- essary, the existing definitions of advanced also have the potential to reduce the ure. So the first step in an improved telecommunications capability, or cost of the delivery of health care. Ac- broadband policy is ensuring that we broadband; cording to Rand Corporation, the have better data on which to build our (2) establish a new definition of second gen- health care delivery system in the efforts. eration broadband to reflect a data rate that United States could save approxi- That is why I am here today to intro- is not less than the data rate required to re- liably transmit full-motion, high-definition mately $160 billion annually with the duce the Broadband Data Improvement video; and widespread use of electronic medical Act. This legislation will improve the (3) revise its Form 477 reporting require- records. As a result, the private mar- quality of Federal and State data re- ments to require filing entities to report ket is already moving toward imple- garding the availability of broadband broadband connections and second genera- menting electronic medical records. service. This, in turn, can be used to tion broadband connections by 5-digit postal This bill, simply encourages the craft policies that will increase the zip code plus 4-digit location. health care industry to continue in availability of affordable broadband (b) EXCEPTION.—The Commission shall ex- that direction and take their use of empt an entity from the reporting require- service in all parts of the Nation. This ments of subsection (a)(3) if the Commission technology in the delivery of care to legislation will improve broadband determines that a compliance by that entity the next step. I urge my colleagues to data collection at the Federal Commu- with the requirements is cost prohibitive, as consider not only the benefit it will nications Commission and Bureau of defined by the Commission. provide to the 8 million individuals the Census. It will direct the Comp- (c) IMPROVING SECTION 706 INQUIRY.—Sec- who receive their health care through troller General and the Small Business tion 706 of the Telecommunications Act of the FEHBP, but also to our Nation’s Administration to study our broadband 1996 (47 U.S.C. 157 nt) is amended— overall health care system. (1) by striking ‘‘regularly’’ in subsection challenge. It will encourage State ini- (b) and inserting ‘‘annually’’; tiatives to improve broadband adoption By Mr. INOUYE (for himself, Mr. (2) by redesignating subsection (c) as sub- by establishing a State broadband data section (e); and DORGAN, Mr. PRYOR, Ms. CANT- and development grant program that (3) by inserting after subsection (b) the fol- WELL, Ms. KLOBUCHAR, and Mr. will authorize $40 million for each of lowing: KERRY): fiscal years 2008 through 2012. ‘‘(c) MEASUREMENT OF EXTENT OF DEPLOY- S. 1492. A bill to improve the quality With too many of our industrial MENT.—In determining under subsection (b) of federal and state data regarding the counterparts ahead of us, we sorely whether advanced telecommunications capa- bility is being deployed to all Americans in availability and quality of broadband need the kind of granular data that services and to promote the deploy- a reasonable and timely fashion, the Com- will inform our policies and propel us mission shall consider data collected using 5- ment of affordable broadband services to the front of the broadband ranks. I digit postal zip code plus 4-digit location. to all parts of the Nation; to the Com- believe that the Broadband Data Im- ‘‘(d) DEMOGRAPHIC INFORMATION FOR mittee on Commerce, Science, and provement Act will give us the tools to UNSERVED AREAS.—As part of the inquiry re- Transportation. make this happen. quired by subsection (b), the Commission Mr. INOUYE. Mr. President, I ask unanimous consent that the shall, using 5-digit postal zip code plus 4- broadband communications are quickly digit location information, compile a list of text of the bill be printed in the geographical areas that are not served by becoming the great economic engine of RECORD. our time. Broadband deployment drives any provider of advanced telecommuni- There being no objection, the text of cations capability (as defined by section opportunities for business, education, the bill was ordered to be printed in 706(c)(1) of the Telecommunications Act of and healthcare. It provides widespread the RECORD, as follows: 1996 (47 U.S.C. 157 nt)) and to the extent that access to information that can change S. 1492 data from the Census Bureau is available, de- termine, for each such unserved area— the way we communicate with one an- Be it enacted by the Senate and House of Rep- ‘‘(1) the population; other and improve the quality of our resentatives of the United States of America in ‘‘(2) the population density; and lives. From our smallest rural hamlets Congress assembled, ‘‘(3) the average per capita income.’’; to our largest urban centers, commu- SECTION 1. SHORT TITLE. nities across this country should have (4) by inserting ‘‘an evolving level of’’ after This Act may be cited as the ‘‘Broadband ‘‘technology,’’ in paragraph (1) of subsection access to the opportunities ubiquitous Data Improvement Act’’. (e), as redesignated. broadband can bring. The state of our SEC. 2. FINDINGS. (d) IMPROVING CENSUS DATA ON broadband union should be broadband The Congress finds the following: BROADBAND.—The Secretary of Commerce, in for all. (1) The deployment and adoption of consultation with the Federal Communica- But the news on this front is not all broadband technology has resulted in en- tions Commission, shall expand the Amer- good. Last month, the Organization for hanced economic development and public ican Community Survey conducted by the Economic Cooperation and Develop- safety for communities across the Nation, Bureau of the Census to elicit information improved health care and educational oppor- for residential households, including those ment reported that the United States tunities, and a better quality of life for all located on native lands, to determine wheth- has fallen to 15th in the world in Americans. er persons at such households own or use a broadband penetration. In some Asian (2) Continued progress in the deployment computer at that address, whether persons and European countries, households and adoption of broadband technology is at that address subscribe to Internet service have high-speed connections that are 20 vital to ensuring that our Nation remains and, if so, whether such persons subscribe to times faster than ours, for half the competitive and continues to create business dial-up or broadband Internet service at that cost. While some will debate what, in and job growth. address. fact, these rankings measure, one thing (3) Improving Federal data on the deploy- SEC. 4. STUDY ON ADDITIONAL BROADBAND ment and adoption of broadband service will METRICS AND STANDARDS. that cannot be debated is the fact that assist in the development of broadband tech- (a) IN GENERAL.—The Comptroller General we continue to fall precipitously down nology across all regions of the Nation. shall conduct a study to consider and evalu- the list. In 2000 the United States (4) The Federal Government should also ate additional broadband metrics or stand- ranked 4th; last year we dropped to recognize and encourage complementary ards that may be used by industry and the

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00284 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.090 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6861 Federal Government to provide users with under subsection (d), to eligible entities for nology companies to encourage deployment more accurate information about the cost the development and implementation of and use, especially in unserved and under- and capability of their broadband connec- statewide initiatives to identify and track served areas, through the use of local de- tion, and to better compare the deployment the availability and adoption of broadband mand aggregation, mapping analysis, and and penetration of broadband in the United services within each State. the creation of market intelligence to im- States with other countries. At a minimum, (2) COMPETITIVE BASIS.—Any grant under prove the business case for providers to de- such study shall consider potential standards subsection (b) shall be awarded on a competi- ploy; or metrics that may be used— tive basis. (7) to establish programs to improve com- (1) to calculate the average price per mega- (c) ELIGIBILITY.—To be eligible to receive a puter ownership and Internet access for byte of broadband offerings; grant under subsection (b), an eligible entity unserved and underserved populations; (2) to reflect the average actual speed of shall— (8) to collect and analyze detailed market broadband offerings compared to advertised (1) submit an application to the Secretary data concerning the use and demand for potential speeds; of Commerce, at such time, in such manner, broadband service and related information (3) to compare the availability and quality and containing such information as the Sec- technology services; of broadband offerings in the United States retary may require; and (9) to facilitate information exchange re- with the availability and quality of (2) contribute matching non-Federal funds garding the use and demand for broadband broadband offerings in other industrialized in an amount equal to not less than 20 per- services between public and private sectors; nations, including countries that are mem- cent of the total amount of the grant. and bers of the Organization for Economic Co- (d) PEER REVIEW; NONDISCLOSURE.— (10) to create within each State a geo- (1) IN GENERAL.—The Secretary shall by operation and Development; and graphic inventory map of broadband service, regulation require appropriate technical and (4) to distinguish between complementary and where feasible second generation scientific peer review of applications made and substitutable broadband offerings in broadband service, which shall— for grants under this section. evaluating deployment and penetration. (A) identify gaps in such service through a (2) REVIEW PROCEDURES.—The regulations (b) REPORT.—Not later than one year after method of geographic information system required under paragraph (1) shall require the date of enactment of this Act, the Comp- mapping of service availability at the census that any technical and scientific peer review troller General shall submit a report to the block level; and group— Senate Committee on Commerce, Science, (B) provide a baseline assessment of state- (A) be provided a written description of the and Transportation and the House of Rep- wide broadband deployment in terms of resentatives Committee on Energy and Com- grant to be reviewed; and (B) provide the results of any review by households with high-speed availability. merce on the results of the study, with rec- (f) PARTICIPATION LIMIT.—For each State, such group to the Secretary of Commerce. ommendations for how industry and the Fed- an eligible entity may not receive a new eral Communications Commission can use (C) certify that such group will enter into grant under this section to fund the activi- such metrics and comparisons to improve voluntary nondisclosure agreements as nec- ties described in subsection (d) within such the quality of broadband data and to better essary to prevent the unauthorized disclo- State if such organization obtained prior evaluate the deployment and penetration of sure of confidential and proprietary informa- grant awards under this section to fund the comparable broadband service at comparable tion provided by broadband service providers same activities in that State in each of the rates across all regions of the Nation. in connection with projects funded by any previous 4 consecutive years. SEC. 5. STUDY ON THE IMPACT OF BROADBAND such grant. (g) REPORTING.—The Secretary of Com- SPEED AND PRICE ON SMALL BUSI- (e) USE OF FUNDS.—A grant awarded to an merce shall— NESSES. eligible entity under subsection (b) shall be (1) require each recipient of a grant under (a) IN GENERAL.—The Small Business Ad- used— subsection (b) to submit a report on the use ministration Office of Advocacy shall con- (1) to provide a baseline assessment of of the funds provided by the grant; and duct a study evaluating the impact of broadband service deployment in each State; (2) create a web page on the Department of broadband speed and price on small busi- (2) to identify and track— Commerce web site that aggregates relevant nesses. (A) areas in each State that have low lev- information made available to the public by (b) REPORT.—Not later than one year after els of broadband service deployment; grant recipients, including, where appro- the date of enactment of this Act, the Office (B) the rate at which residential and busi- priate, hypertext links to any geographic in- shall submit a report to the Senate Com- ness users adopt broadband service and other ventory maps created by grant recipients mittee on Commerce, Science, and Transpor- related information technology services; and under subsection (e)(10). tation, the Senate Committee on Small (C) possible suppliers of such services; (h) DEFINITIONS.—In this section: Business and Entrepreneurship, the House of (3) to identify barriers to the adoption by (1) ELIGIBLE ENTITY.—The term ‘‘eligible Representatives Committee on Energy and individuals and businesses of broadband serv- entity’’ means a non-profit organization that Commerce, and the House of Representatives ice and related information technology serv- is selected by a State to work in partnership Committee on Small Business on the results ices, including whether or not— with State agencies and private sector part- of the study, including— (A) the demand for such services is absent; ners in identifying and tracking the avail- (1) a survey of broadband speeds available and ability and adoption of broadband services to small businesses; (B) the supply for such services is capable within each State. (2) a survey of the cost of broadband speeds of meeting the demand for such services; (2) NONPROFIT ORGANIZATION.—The term available to small businesses; (4) to identify the speeds of broadband con- ‘‘nonprofit organization’’ means an organiza- (3) a survey of the type of broadband tech- nections made available to individuals and tion— nology used by small businesses; and businesses within the State, and, at a min- (A) described in section 501(c)(3) of the In- (4) any policy recommendations that may imum, to rely on the data rate benchmarks ternal Revenue Code of 1986 and exempt from improve small businesses access to com- for broadband and second generation tax under section 501(a) of such Code; parable broadband services at comparable broadband identified by the Federal Commu- (B) no part of the net earnings of which in- rates in all regions of the Nation. nications Commission to promote greater ures to the benefit of any member, founder, SEC. 6. ENCOURAGING STATE INITIATIVES TO IM- consistency of data among the States; contributor, or individual; PROVE BROADBAND. (5) to create and facilitate in each county (C) that has an established competency and (a) PURPOSES.—The purposes of any grant or designated region in a State a local tech- proven record of working with public and under subsection (b) are— nology planning team— private sectors to accomplish widescale de- (1) to ensure that all citizens and busi- (A) with members representing a cross sec- ployment and adoption of broadband services nesses in a State have access to affordable tion of the community, including representa- and information technology; and and reliable broadband service; tives of business, telecommunications labor (D) the board of directors of which is not (2) to achieve improved technology lit- organizations, K-12 education, health care, composed of a majority of individuals who eracy, increased computer ownership, and libraries, higher education, community- are also employed by, or otherwise associ- home broadband use among such citizens and based organizations, local government, tour- ated with, any Federal, State, or local gov- businesses; ism, parks and recreation, and agriculture; ernment or any Federal, State, or local agen- (3) to establish and empower local grass- and cy. roots technology teams in each State to plan (B) which shall— (i) AUTHORIZATION OF APPROPRIATIONS.— for improved technology use across multiple (i) benchmark technology use across rel- There are authorized to be appropriated to community sectors; and evant community sectors; carry out this section $40,000,000 for each of (4) to establish and sustain an environment (ii) set goals for improved technology use fiscal years 2008 through 2012. ripe for broadband services and information within each sector; and (j) NO REGULATORY AUTHORITY.—Nothing technology investment. (iii) develop a tactical business plan for in this section shall be construed as giving (b) ESTABLISHMENT OF STATE BROADBAND achieving its goals, with specific rec- any public or private entity established or DATA AND DEVELOPMENT GRANT PROGRAM.— ommendations for online application devel- affected by this Act any regulatory jurisdic- (1) IN GENERAL.—The Secretary of Com- opment and demand creation; tion or oversight authority over providers of merce shall award grants, taking into ac- (6) to work collaboratively with broadband broadband services or information tech- count the results of the peer review process service providers and information tech- nology.

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A bill to promote innovation establish a Federal Advanced Informa- Program. and basic research in advanced infor- (b) EXTERNAL FUNDING.—The Director shall tion and Communications Technology ensure that at least 80 percent of the funds mation and communications tech- Board within NSF to advise the pro- available for such Program shall be used to nologies that will enhance or facilitate gram on appropriate research topics. award competitive, merit-reviewed grants, the availability and affordability of ad- Finally, the bill would accelerate ef- cooperative agreements, or contracts to pub- vanced communications services to all forts initiated almost 4 years ago to lic or private entities, including businesses Americans; to the Committee on Com- promote spectrum sharing tech- and universities. In selecting entities to re- merce, Science, and Transportation. nologies. It would require NTIA and ceive such assistance, the Director shall en- Mr. INOUYE. Mr. President, the tele- the FCC to initiate a pilot program sure that the project proposed by an entity communications industry started in within 1 year that would make a small has scientific and technical merit and that this country as a series of wires criss- any resulting intellectual property shall vest portion of spectrum available for in a United States entity that can commer- crossing the country to provide simple shared use between Federal and non- cialize the technology in a timely manner. telegraph service. The telegraph al- Federal government users. Each external project shall involve at least lowed people to communicate from I look forward to working with my one small or medium-sized business and the coast to coast in a matter of minutes, colleagues on this legislation in the Director shall give priority to joint ventures which was a marked improvement over weeks ahead. between small or medium-sized businesses the days required to deliver postal cor- Mr. President, I ask unanimous con- and educational institutions. Any grant respondence via the pony express. The sent that the text of the bill be printed shall be for a period not to exceed 3 years. in the RECORD. (c) COMPETITIONS.—The Director shall so- industry quickly evolved from those licit proposals annually to address areas of initial telegraph lines with Alexander There being no objection, the text of the bill was ordered to be printed in national need for high-risk, high-reward Graham Bell’s invention of the tele- telecommunications research, as identified phone. This revolutionized tele- the RECORD, as follows: by the Director. communications and created a multi- S. 1493 (d) ANNUAL REPORT.—Each year the Direc- billion dollar industry. Be it enacted by the Senate and House of Rep- tor shall issue an annual report describing Today, telecommunications accounts resentatives of the United States of America in the program’s activities, including include a for 3 percent of this country’s gross do- Congress assembled, description of the metrics upon which grant SECTION 1. SHORT TITLE. funding decisions were made in the previous mestic income, or roughly $335 billion. This Act may be cited as the ‘‘Advanced fiscal year, any proposed changes to those It employs over 1.25 million U.S. work- Information and Communications Tech- metrics, metrics for evaluating the success ers. The industry is a critical driver of nology Research Act’’. of ongoing and completed grants, and an U.S. economic growth and innovation. SEC. 2. SPECTRUM-SHARING INNOVATION evaluation of ongoing and completed grants. Historically, advances in telecommuni- TESTBED. The first annual report shall include best cations resulted from AT&T’s steady (a) SPECTRUM-SHARING PLAN.—Within 1 practices for management of programs to funding of Bell Laboratories, the year after the date of enactment of this Act, stimulate high-risk, high-reward tele- the Federal Communications Commission world-famous research facility that communications research. and the Assistant Secretary of Commerce for (e) ADMINISTRATIVE EXPENSES.—No more discovered the transistor, the laser, Communications and Information, in coordi- than 5 percent of the finding available to the radar and sonar, digital signal proc- nation with other Federal agencies, shall— program may be used for administrative ex- essors, cellular telephone technology, (1) develop a plan to increase sharing of penses. and data-networking technology. In- spectrum between Federal and non-Federal (f) HIGH-RISK, HIGH-REWARD TELECOMMUNI- deed, research in this last field, data- government users; and CATIONS RESEARCH DEFINED.—In this section, networking, is the basis of the 21st cen- (2) establish a pilot program for implemen- the term ‘‘high-risk, high-reward tele- communications research’’ means research tury’s greatest resource, the Internet. tation of the plan. (b) TECHNICAL SPECIFICATIONS.—The Com- that— However, today, the pace of innova- mission and the Assistant Secretary— (1) has the potential for yielding results tion in the United States is no longer (1) shall each identify a segment of spec- with far-ranging or wide-ranging implica- as swift or as certain. For example, trum of equal bandwidth within their respec- tions; much of the world’s wireless tech- tive jurisdiction for the pilot program that is (2) addresses critical national needs related nologies come from Europe, and many approximately 10 megaHertz in width for as- to measurement standards and technology; of the handsets are designed and manu- signment on a shared basis to Federal and and factured in other countries like China non-Federal government use; and (3) is too novel or spans too diverse a range and South Korea. Part of the problem (2) may take the spectrum for the pilot of disciplines to fare well in the traditional program from bands currently allocated on peer review process. is the decline of Bell Labs, but finan- either an exclusive or shared basis. SEC. 4. ADVANCED COMMUNICATIONS SERVICES cial pressures from Wall Street to per- (c) REPORT.—The Commission and the As- FOR ALL AMERICANS. form in the short-term are also partly sistant Secretary shall transmit a report to The Director of the National Institute of to blame. Companies can no longer af- the Senate Committee on Commerce, Standards and Technology shall continue to ford to invest in basic, fundamental Science, and Transportation and the House support research and support standards de- telecommunications research with of Representatives Committee on Energy and velopment in advanced information and com- project horizons beyond 5 years. Unless Commerce 2 years after the inception of the munications technologies focused on enhanc- pilot program describing the results of the ing or facilitating the availability and af- we can reverse this trend, I fear that program and suggesting appropriate proce- fordability of advanced communications the United States may fall perma- dures for expanding the program as appro- services to all Americans, in order to imple- nently behind in the telecommuni- priate. ment the Institute’s responsibilities under cations innovation race. SEC. 3. TELECOMMUNICATIONS INNOVATION AC- section 2(c)(12) of the National Institute of That is why I am here today, to in- CELERATION. Standards and Technology Act (15 U.S.C. troduce the advanced Information and (a) PROGRAM.—In order to accelerate the 272(c)(12)). The Director shall support intra- Communications Technology Research pace of innovation with respect to tele- mural research and cooperative research Act. By rededicating our efforts to the communications services (as defined in sec- with institutions of higher education (as de- tion 3(46) of the Communications Act of 1934 pursuit of innovation through basic, fined in section 101(a) of the Higher Edu- (47 U.S.C. 153(46)), equipment, and tech- cation Act of 1965 (20 U.S.C. 1001(a)) and in- fundamental research, we can begin to nology, the Director of the National Insti- dustry. restore our Nation’s historic leadership tute of Standards and Technology shall— SEC. 5. ADVANCED INFORMATION AND COMMU- in this critical industry. Toward that (1) establish a program linked to the goals NICATIONS TECHNOLOGY RE- end, the legislation that I am intro- and objectives of the measurement labora- SEARCH. ducing today will establish a tele- tories, to be known as the ‘Telecommuni- (a) INFORMATION AND COMMUNICATIONS communications program within the cations Standards and Technology Accelera- TECHNOLOGY RESEARCH.—The Director of the National Science Foundation to focus tion Research Program’, to support and pro- National Science Foundation shall establish mote innovation in the United States a program of basic research in advanced in- research on the development of afford- through high-risk, high-reward tele- formation and communications technologies able advanced communications serv- communications research; and focused on enhancing or facilitating the ices in America. It would authorize $40 (2) set aside, from funds available to the availability and affordability of advanced million in fiscal year 2008, increasing measurement laboratories, an amount equal communications services to all Americans.

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00286 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.221 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6863 In developing and carrying out the program, By Mr. DOMENICI (for himself, The experiences of these programs have the Director shall consult with the Board es- Mr. DORGAN, Mr. INOUYE, Mr. provided many important lessons tablished under subsection (b). BAUCUS, Ms. COLLINS, Mrs. LIN- learned that will benefit other minor- (b) FEDERAL ADVANCED INFORMATION AND COLN, Mr. HATCH, Mr. BINGA- ity communities and all people affected COMMUNICATIONS TECHNOLOGY RESEARCH MAN, Ms. STABENOW, Mr. SCHU- by diabetes. BOARD.—There is established within the Na- tional Science Foundation a Federal Ad- MER, and Mr. DURBIN): Despite all the positive results we vanced Information and Communications S. 1494. A bill to amend the Public have seen from these efforts, there is Technology Board which shall advise the Di- Health Service Act to reauthorize the still much more work to be done. I rector of the National Science Foundation in special diabetes programs for Type I di- have traveled extensively on the Nav- carrying out the program authorized by sub- abetes and Indians under that Act; to ajo reservation and other parts of In- section (a). The Board Shall be composed of the Committee on Health, Education, dian country and seen those who still individuals with expertise in information Labor, and Pensions. need help. I have visited the dialysis and communications technologies, including Mr. DOMENICI. Mr. President, I rise centers and met with those who are representatives from the National Tele- today with my colleague, Senator DOR- suffering from the effects of this dis- communications and Information Adminis- tration, the Federal Communications Com- GAN, to introduce a bill to reauthorize ease. Due to the prevalence of this mission, the National Institute of Standards and expand two very important public problem, it will take years for us to and Technology, the Department of Defense, health programs created by the Bal- achieve our ultimate goal of reducing and representatives from industry and edu- anced Budget Act of 1997; The Special and eliminating diabetes and its com- cational institutions. Diabetes Program for Indians and the plications. But, unless Congress reau- (c) GRANT PROGRAM.—The Director, in con- Special Funding Program for Type I thorizes and expands this program, the sultation with the Board, shall award grants Diabetes Research. I want to thank my funding for these efforts and activities for basic research into advanced information colleagues, Senator INOUYE, Senator will end next year. We can’t let that and communications technologies that will contribute to enhancing or facilitating the BAUCUS, Senator COLLINS, Senator LIN- happen. The Special Diabetes Program availability and affordability of advanced COLN, Senator HATCH, and Senator for Indians has made an enormous and communications services to all Americans. BINGAMAN for joining us as original co- substantial impact on the problem of Areas of research to be supported through sponsors of this bill. This type of bipar- diabetes in Indian communities. The these grants include— tisan support clearly shows that ad- loss of funding now would be dev- (1) affordable broadband access, including dressing this disease and its con- astating. We must continue to focus wireless technologies; sequences is an important health pri- specific resources to address the epi- (2) network security and reliability; ority for our Nation. demic of diabetes in the Native Amer- (3) communications interoperability; Diabetes is one of the most serious (4) networking protocols and architectures, ican communities. That is why the bill including resilience to outages or attacks; and devastating health problems of our we are introducing today will reauthor- (5) trusted software; time. The American Diabetes Associa- ize the Special Diabetes Program for (6) privacy; tion estimates that 20.8 million Ameri- Indians for an additional 5 years and (7) nanoelectronics for communications ap- cans have diabetes; more than 7 per- increase the funding from $150 million plications; cent of our population. The number of to $200 million each year. This will pro- (8) low-power communications electronics; U.S. adults with diagnosed diabetes has vide a billion dollars over the next 5 (9) such other related areas as the Direc- increased by more than 60 percent years for this program, $250 million tor, in consultation with the Board, finds ap- since 1991 and is projected to more than propriate; and more than we are currently authorized (10) implementation of equitable access to double by 2050. It ranks as the sixth to spend. Reauthorization of this vital national advanced fiber optic research and leading cause of death in America. This program will help save lives. It is the educational networks, including access in has serious national implications; it is right thing to do and it is a smart in- noncontiguous States. overwhelming health systems in the vestment of our health care dollars. (d) CENTERS.—The Director shall award states and the Nation. In addition to the reauthorization of multiyear grants, subject to the availability Although diabetes occurs in people of the Special Diabetes Program for Indi- of appropriations, to institutions of higher all ethnicities, the diabetes epidemic is ans, this bill will also reauthorize an- education (as defined in section 101(a) of the particularly acute in our Native Amer- other important tool in our battle Higher Education Act of 1965 (20 U.S.C. ican populations. Among some tribes, 1001(a)), nonprofit research institutions af- against diabetes, the Special Funding filiated with institutions of higher edu- as many as 50 percent of the adult pop- Program for Type I Diabetes Research. cation, or consortia thereof to establish mul- ulation have the disease. That is why Like the Indian program, this program tidisciplinary Centers for Communications during the negotiations on the 1997 is set to expire next year, and this bill Research. The purpose of the Centers shall Balanced Budget Act, I helped craft an will provide an authorization for an ad- be to generate innovative approaches to agreement to finance diabetes pro- ditional 5 years and increase the fund- problems in communications and informa- grams of the Indian Health Service and ing from $150 million to $200 million tion technology research, including the re- help raise the profile of tribal health each year. search areas described in subsection (c). In- programs. The Special Diabetes Pro- The Type I Diabetes research pro- stitutions of higher education, nonprofit re- search institutions affiliated with institu- gram for Indians began with funding of gram which was also created in 1997 tions of higher education, or consortia re- $30 million annually for 5 years and Balanced Budget Act has allowed the ceiving such grants may partner with 1 or was later expanded to $150 million a Federal Government to make dramatic more government laboratories or for-profit year. This funding has been used wide- advances in research and treatment entities, or other institutions of higher edu- ly in Indian country, including among since its inception. This funding has cation or nonprofit research institutions. the Navajo Nation and the 19 Pueblos helped support research into the identi- (e) APPLICATIONS.—The Director, in con- in New Mexico. fication of genes that increase suscep- sultation with the Board, shall establish cri- Federally supported treatment and tibility to diabetes. It has helped with teria for the award of grants under sub- prevention programs are showing real the development of therapies that have sections (c) and (d). Grants shall be awarded under the program on a merit-reviewed com- results in the Native American popu- helped slow the progression and in petitive basis. The Director shall give pri- lations. The current funding has estab- some cases even reverse the progres- ority to grants that offer the potential for lished almost 400 new diabetes treat- sion of this disease. And it has helped revolutionary rather than evolutionary ment and prevention programs in Na- develop tools and methods that help breakthroughs. tive communities. It has helped to pro- people manage the disease long term. (f) AUTHORIZATION OF APPROPRIATIONS.— vide critical resources such as medica- Again though, there is still much There are authorized to be appropriated to tions and therapies, clinical exams, more work to be done. Continued in- the National Science Foundation to carry screenings, and resources to prevent vestment in this program will help to out this section— complications. It has provided primary maintain support for research that is (1) $40,000,000 for fiscal year 2008; (2) $45,000,000 for fiscal year 2009; prevention activities such as physical truly helping those who are living with (3) $50,000,000 for fiscal year 2010; fitness programs, medical nutrition diabetes and help prevent the onset of (4) $55,000,000 for fiscal year 2011; and therapy, wellness activities, and pro- diabetes in others. The Federal invest- (5) $60,000,000 for fiscal year 2012. grams that target children and youth. ment in research has produced tangible

VerDate Aug 31 2005 10:50 May 25, 2007 Jkt 059060 PO 00000 Frm 00287 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.217 S24MYPT1 bajohnson on PRODPC74 with SENATE S6864 CONGRESSIONAL RECORD — SENATE May 24, 2007 results that I believe justify its contin- The Special Diabetes Program for In- U.S. flag ship’s international income at ued support. Diabetes is taking too dians is recognized as the most com- a 35 percent corporate income tax rate. heavy a toll on too many Americans prehensive rural system of care for dia- However, during the House and the and their families. Continued funding betes in the United States. Grants Senate conference, language was in- is vital to the continuation of our fight under this program have been awarded cluded, which states that a U.S. vessel against diabetes. by the Indian Health Service to nearly cannot use the tonnage tax on inter- The prevention and treatment of dia- 400 IHS, tribal and urban Indian pro- national income if that vessel also op- betes has improved greatly over the grams within the 12 IHS Areas in 35 erates in U.S. domestic commerce for past decade and I believe it is in large States. The program serves approxi- more than 30 days per year. part due to the funding and research mately 116,000 Native American people This 30-day limitation dramatically accomplished through these two pro- with various prevention and treatment limits the availability of the tonnage grams. Complications of diabetes can services. tax for those U.S. ships that operate in be prevented and the costs of this dis- While each of the Special Diabetes both domestic and international trade ease to our society can be contained. Program grants reflects the unique and, accordingly, severely hinders their Research, early detection and treat- tribal community that conducts the competitiveness in foreign commerce. ment, however, are the keys. I hope program, here are some examples of It is important to recognize that ships that Congress will join together to re- the kinds of activities the program pro- operating in U.S. domestic trade al- authorize these programs and also pro- vides: teaching Indians living with dia- ready have significant cost disadvan- vide to them the increase in funding betes how to examine and take care of tages vis-a` -vis U.S. ships operating in that they need to keep making ad- their feet; helping young mothers learn international trade. Specifically, U.S- vances. how to eat healthy using commodity flag ships that operate solely in inter- I ask unanimous consent that the foods issued under the USDA’s Food national trade: 1. are built in foreign text of the bill be printed in the Distribution Program on Indian res- shipyards at one-third U.S. shipyard RECORD. ervations, and how to learn the value prices; 2. receive $2.6 million per ship There being no objection, the text of of breastfeeding their babies to reduce per year in Federal maritime security the bill was ordered to be printed in the incidence of diabetes as the chil- payments in return for making these the RECORD, as follows: dren grow older; enabling diabetics to vessels available to the Department of S. 1494 have access to regular eye screening Defense in time of national emergency; Be it enacted by the Senate and House of Rep- exams; helping Native Americans know and 3. are owned by U.S. subsidiaries of resentatives of the United States of America in the connection between eating healthy foreign corporations. By contrast, U.S. Congress assembled, and preventing diabetes by adapting flag ships that operate both in inter- SECTION 1. REAUTHORIZATION OF SPECIAL DIA- materials of the National Institutes of national trade a domestic trade are: 1. BETES PROGRAMS FOR TYPE I DIA- built in higher priced U.S. shipyards; 2. BETES AND INDIANS. Health-funded clinical trial, called the (a) SPECIAL DIABETES PROGRAMS FOR TYPE Diabetes Prevention Program, to be do not receive maritime security pay- I DIABETES.—Section 330B(b)(2) of the Public culturally-appropriate; promoting ments, even when operated in inter- Health Service Act (42 U.S.C. 254c–2(b)(2)) is physical activity in the reservation en- national trade, but have the same com- amended— vironment, such as building walking mitments to the Department of De- (1) in subparagraph (B), by striking ‘‘and’’ trails and displaying signs that say, fense; and 3. are owned by U.S.-based at the end; ‘‘Walk, don’t take the elevator;’’ and American corporations. Furthermore, (2) in subparagraph (C), by striking the pe- the inability of these domestic opera- riod at the end and inserting ‘‘; and’’; and enabling Indian Health Service, tribal (3) by adding at the end the following: and urban Indian health programs to tors to use the tonnage tax for their ‘‘(D) $200,000,000 for each of fiscal years 2009 offer new medications for diabetes, international service is an unnecessary through 2013.’’. such as glitazone, which helps increase burden on their competitive position in (b) SPECIAL DIABETES PROGRAMS FOR INDI- insulin sensitivity. foreign commerce. ANS.—Section 330C(c)(2) of the Public Health Reauthorization of the Special Diabe- When windows of opportunity present Service Act (42 U.S.C. 254c–3(c)(2)) is amend- tes Program for Indians is both a legis- themselves in international trade, ed— lative and a medical priority for Indian American tax policy and maritime pol- (1) in subparagraph (B), by striking ‘‘and’’ icy should facilitate the participation at the end; country. I urge my colleagues to sup- (2) in subparagraph (C), by striking the pe- port the measure that we are intro- of these American-built ships. Instead, riod at the end and inserting ‘‘; and’’; and ducing today. the 30-day limit makes them ineligible (3) by adding at the end the following: to use the tonnage tax, and further ‘‘(D) $200,000,000 for each of fiscal years 2009 By Mr. INOUYE (for himself and handicaps American vessels when com- through 2013.’’. Mr. WYDEN): peting for international cargo. Denying Mr. DORGAN. Mr. President, I am S. 1495. A bill to amend the Internal the tonnage tax to coastwise qualified pleased today to join my colleague Revenue Code of 1986 to modify the ap- ships further stymies the operation of from New Mexico in introducing legis- plication of the tonnage tax on vessels American built ships in international lation to reauthorize two very impor- operating in the dual United States do- commerce, and further exacerbates tant efforts to address diabetes preven- mestic and foreign trades, and for America’s 97 percent reliance on for- tion and treatment and research: the other purposes; to the Committee on eign ships to carry its international Special Diabetes Program for Indians, Finance. cargo. which is administered by the Indian Mr. INOUYE. Mr. President, foreign These concerns were of such suffi- Health Service’s Division of Diabetes registered ships now carry 97 percent of cient importance that in December Treatment and Prevention, and the the imports and exports moving in the 2006, the Congress repealed the 30-day Special Diabetes Programs for Children U.S. international trade. These foreign limit on domestic trading but only for with Type I Diabetes Research, which vessels are held to lower standards approximately 50 ships operating in the is administered by the National Insti- than U.S. registered ships, and are, vir- Great Lakes. These ships primarily op- tutes of Health. tually, untaxed. Therefore, their costs erate in domestic trade on the Great The Indian Affairs Committee held of operation are lower than U.S. ship Lakes, but also carry cargo between an oversight hearing on diabetes in In- operating costs, which explains their 97 the United States and Canada in inter- dian country this past February. Dia- percent market share. national trade Section 415 of P.L. 109– betes is an illness that afflicts Native Three years ago, in order to help 432, the Tax Relief and Health Care Act Americans more than any other ethnic/ level the playing field for U.S. flag of 2006. racial group in the United States, and ships that compete in international The identifiable universe of remain- some tribes have the onerous distinc- trade, Congress enacted, under the ing ships other than the Great Lakes tion of having the highest diabetes rate American Jobs Creation Act of 2004, ships that operate in domestic trade, in the world. Indian people are 318 per- Public Law 108–357, Subchapter R, a but that may also operate temporarily cent more likely to die from diabetes ‘‘tonnage tax’’ that is based on the ton- in international trade, totals 13 U.S. than the general population. nage of a vessel, rather than taxing the flag vessels. These 13 ships normally

VerDate Aug 31 2005 10:50 May 25, 2007 Jkt 059060 PO 00000 Frm 00288 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.095 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6865 operate in domestic trades that involve years beginning after the date of the enact- 250 gallons of gas and creates about Washington, Oregon, California, Ha- ment of this Act. 5,000 pounds of carbon dioxide emis- waii, Alaska, Florida, Mississippi, and sions. Louisiana. In the interest of providing By Mr. CARDIN: As part of a comprehensive energy equity to the U.S. corporations that S. 1497. A bill to promote the energy bill we should also be mindful of the own and operate these 13 vessels, my independence of the United States, and long-term effects of our energy policy bill would repeal the tonnage tax 30- for other purposes; to the Committee on the environment, our landscape, and day limit on domestic operations and on Energy and Natural Resources. our health. I cosponsored S. 309, legis- enable these vessels to utilize the ton- Mr. CARDIN. Mr. President, for the lation by Senators SANDERS and BOXER nage tax on their international income sake of our security, economy and en- that provides for an economy-wide so they receive the same treatment as vironment, America needs a com- emissions cap and trade program. En- other U.S. flag international operators. prehensive energy policy that is inde- acting an economy-wide cap and trade I stress that, under my bill, these ships pendent of foreign energy sources and program will ensure that our energy will continue to pay the normal 35 per- weans America off of fossil fuels. policy will be truly sustainable. cent U.S. corporate tax rate on their Last year, I introduced comprehen- America currently gets only 6.3 per- domestic income. sive energy legislation that would ad- cent of its energy from renewable en- Repeal of the tonnage tax’s 30-day dress the many challenges across our ergy sources. Current ideas for address- limit on domestic operations is a nec- economy to achieving sustainable en- ing this problem focus on trying to essary step toward providing tax eq- ergy independence. I am very hopeful make the large up-front investment in uity between U.S. flag and foreign flag that this Congress will soon take steps infrastructure required to produce re- vessels. I strongly urge the tax writing to bring forward a comprehensive en- newable energy less daunting, by cre- committees of the Congress to give this ergy bill that will address many of the ating a long-term market for renew- legislation their expedited consider- areas I believe are essential to this ef- able energy through increasing the ation and approval. I ask unanimous fort. I have cosponsored many of the Federal Government’s use of renew- consent that the text of the bill be individual planks of this comprehen- ables and creating a Federal renewable printed in the RECORD. sive effort, and today I want to address portfolio standard to make utilities There being no objection, the text of how we can ensure that this energy offer renewable energy to American the bill was ordered to be printed in policy does not have an expiration date consumers, and by making incentives the RECORD, as follows: or fall short of its laudable goals. like the renewable production tax cred- S. 1495 Today I am introducing the Energy it permanent. I support creating Fed- Be it enacted by the Senate and House of Rep- Independence Act. eral renewable portfolio standard, and resentatives of the United States of America in The Energy Independence Act will will cosponsor legislation to be offered Congress assembled, deliver energy independence to Ameri- by Senator BINGAMAN to do so. I have SECTION 1. MODIFICATION OF THE APPLICATION cans by providing an energy plan that also cosponsored S. 590, Senator OF THE TONNAGE TAX ON VESSELS SMITH’s legislation that would extend OPERATING IN THE DUAL UNITED has the capacity to change with inno- STATES DOMESTIC AND FOREIGN vation. My bill will ensure that our en- solar tax incentives through 2016, while TRADES,. ergy policy will increase the efficiency expanding these incentives to cover (a) IN GENERAL.—Subsection (f) of section and decrease the environmental impact more of the up-front investment re- 1355 of the Internal Revenue Code of 1986 (re- of America’s energy policy, and encour- quired to use solar energy. lating to definitions and special rules) is age our energy policy to adapt to our In order to get to energy independ- amended to read as follows: ence we must substantially increase ‘‘(f) EFFECT OF OPERATING A QUALIFYING needs and abilities. VESSEL IN THE DUAL UNITED STATES DOMES- My bill will set a congressional goal our investment in energy research. I TIC AND FOREIGN TRADES.—For purposes of of achieving energy independence by cosponsored S. 761, Senator REID’s this subchapter— 2017. ‘‘Energy independence’’ is defined America COMPETES Act, which will ‘‘(1) an electing corporation shall be treat- as meeting all but 10 percent of our en- increase R&D funding for the Depart- ed as continuing to use a qualifying vessel in ergy needs from domestic energy ment of Energy, increase the DOE’s the United States foreign trade during any emphasis on advanced energy research period of use in the United States domestic sources. The bill will also set a con- gressional goal of achieving independ- to overcome the long-term and high- trade, and risk technological barriers to the de- ‘‘(2) gross income from such United States ence from fossil fuels by 2037. domestic trade shall not be excluded under My bill will also create a Blue Ribbon velopment of energy technologies, and section 1357(a), but shall not be taken into Energy Commission, which will meet implement recommendations made by account for purposes of section 1353(b)(1)(B) every two years starting in 2009, to the National Academies of Sciences re- or for purposes of section 1356 in connection evaluate our progress in efforts to be- port Rising Above a Gathering Storm. I will be advocating other areas of with the application of section 1357 or 1358.’’. come energy independent, and to rec- (b) REGULATORY AUTHORITY FOR ALLOCA- energy policy reform, including in- ommend changes to be made in reports TION OF CREDITS, INCOME, AND DEDUCTIONS.— creasing funding for weatherization, to Congress. Section 1358 of the Internal Revenue Code of providing incentives for telecom- 1986 (relating to allocation of credits, in- These are achievable goals. muting, and providing additional en- come, and deductions) is amended— Petroleum, mostly used for transpor- ergy efficiency standards for appli- (1) by striking ‘‘in accordance with this tation, accounts for 84 percent of our subsection’’ in subsection (c) and inserting ances. imported energy. Transportation ac- We can do better, and the one over- ‘‘to the extent provided in such regulations counts for roughly 28 percent of our en- as may be prescribed by the Secretary’’, and ´ arching theme in the quest for a sus- (2) by adding at the end the following new ergy use. I support raising CAFE stand- tainable, long-term energy policy is subsection: ards, and have cosponsored S. 357, leg- the need to be able to be flexible and ‘‘(d) REGULATIONS.—The Secretary shall islation by Senator FEINSTEIN which change our energy policy to suit our prescribe regulations consistent with the would raise these standards to 35 miles needs, capacity, research and develop- provisions of this subchapter for the purpose per gallon by 2019. Studies show that ment. My bill will give us the ability to of allocating gross income, deductions, and raising CAFE´ standards to 40 miles per credits between or among qualifying ship- provide long-term, bipartisan solutions ping activities and other activities of a tax- gallon would save over 36 billion gal- that will address our energy policy payer.’’. lons of gas per year, and creating effi- going forward, and give us the flexi- (c) CONFORMING AMENDMENTS.— ciency standards for replacement tires bility, and the considered solutions of (1) Section 1355(a)(4) of the Internal Rev- would save more than 7 billion barrels experts, to give the American people enue Code of 1986 is amended by striking ‘‘ex- of oil over the next 50 years. Creating the energy policy they deserve. clusively’’. incentives for commuting by train or Mr. President, I ask unanimous con- (2) Section 1355(b)(1)(B) of such Code is bus, and funding upgrades and new sent that the text of the bill be printed amended by striking ‘‘as a qualifying vessel’’ starts in public transit services, such and inserting ‘‘in the transportation of goods in the RECORD. or passengers’’. as the purple line of the DC metro, will There being no objection, the text of (d) EFFECTIVE DATE.—The amendments also make a difference—in an average the bill was ordered to be printed in made by this section shall apply to taxable year, the round trip to work uses over the RECORD, as follows:

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00289 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.223 S24MYPT1 bajohnson on PRODPC74 with SENATE S6866 CONGRESSIONAL RECORD — SENATE May 24, 2007 S. 1497 involves legislative action, the report shall the United States, the American Zoo Be it enacted by the Senate and House of Rep- include proposed legislative language to and Aquarium Association, the Amer- resentatives of the United States of America in carry out the action. ican Veterinary Medical Association, (d) COMMISSION PERSONNEL MATTERS.— Congress assembled, Defenders of Wildlife and the Wildlife (1) STAFF AND DIRECTOR.—The Commission SECTION 1. SHORT TITLE. Conservation Society and many other This Act may be cited as the ‘‘Energy Inde- shall have a staff headed by an Executive Di- pendence Act of 2007’’. rector. organizations. I look forward to working with all SEC. 2. PURPOSE AND GOALS. (2) STAFF APPOINTMENT.—The Executive The purpose of this Act is to provide sup- Director may appoint such personnel as the my colleagues to enact this legislation. port for projects and activities to facilitate Executive Director and the Commission de- the energy independence of the United termine to be appropriate. By Mr. INHOFE (for himself and States so as to ensure that— (3) EXPERTS AND CONSULTANTS.—With the Mr. THUNE): (1) all but 10 percent of the energy needs of approval of the Commission, the Executive S. 1503. A bill to improve domestic the United States are supplied by domestic Director may procure temporary and inter- fuels security; to the Committee on energy sources by calendar year 2017; and mittent services under section 3109(b) of title Environment and Public Works. (2) all but 20 percent of the energy needs of 5, United States Code. Mr. INHOFE. Mr. President, today I the United States are supplied by non-fossil (4) FEDERAL AGENCIES.— rise to introduce the Gas Petroleum fuel sources by calendar year 2037. (A) DETAIL OF GOVERNMENT EMPLOYEES.— Refiner Improvement and Community (i) IN GENERAL.—Upon the request of the SEC. 3. ENERGY POLICY COMMISSION. Empowerment Act or Gas PRICE Act. (a) ESTABLISHMENT.— Commission, the head of any Federal agency While chairman of the Committee on (1) IN GENERAL.—There is established a may detail, without reimbursement, any of commission, to be known as the ‘‘National the personnel of the Federal agency to the Environment and Public Works, I Commission on Energy Independence’’ (re- Commission to assist in carrying out the du- sought to move a similar measure. Un- ferred to in this section as the ‘‘Commis- ties of the Commission. fortunately, my colleagues on the sion’’). (ii) NATURE OF DETAIL.—Any detail of a other side of the aisle managed to (2) MEMBERSHIP.—The Commission shall be Federal employee under clause (i) shall not block the bill at that time. composed of 15 members, of whom— interrupt or otherwise affect the civil service Today, motorists are facing record (A) 3 shall be appointed by the President; status or privileges of the Federal employee. high gas prices and according to Labor (B) 3 shall be appointed by the majority (B) TECHNICAL ASSISTANCE.—Upon the re- statistics, those higher fuel prices are leader of the Senate; quest of the Commission, the head of a Fed- (C) 3 shall be appointed by the minority eral agency shall provide such technical as- hurting the national economy as a leader of the Senate; sistance to the Commission as the Commis- whole. Unfortunately, the pain at the (D) 3 shall be appointed by the Speaker of sion determines to be necessary to carry out pump, the grocery store, and the shop- the House of Representatives; and the duties of the Commission. ping mall were predicted long ago and (E) 3 shall be appointed by the minority (e) RESOURCES.— are largely a function of politicking, leader of the House of Representatives. (1) IN GENERAL.—The Commission shall rhetoric, and finger pointing, actions (3) CO-CHAIRPERSONS.— have reasonable access to materials, re- that continue today. (A) IN GENERAL.—The President shall des- sources, statistical data, and such other in- According to Deutsche Bank energy formation from Executive agencies as the ignate 2 co-chairpersons from among the experts Paul Sankey and Rich Volina, members of the Commission appointed. Commission determines to be necessary to (B) POLITICAL AFFILIATION.—The co-chair- carry out the duties of the Commission. who testified May 15, 2007 before the persons designated under subparagraph (A) (2) FORM OF REQUESTS.—The co-chair- Senate Energy Committee, ‘‘Anybody shall not both be affiliated with the same po- persons of the Commission shall make re- who blames record high U.S. gasoline litical party. quests for access described in paragraph (1) prices on ‘‘gouging’’ at the pump sim- (4) DEADLINE FOR APPOINTMENT.—Members in writing, as necessary. ply reveals their total ignorance of of the Commission shall be appointed not global supply and demand fundamen- later than 90 days after the date of enact- By Mrs. BOXER (for herself, Mr. tals.’’ Yet yesterday the House nar- ment of this Act. VITTER, Mr. LIEBERMAN, Mr. rowly passed a bill that; goes just that; (5) TERM; VACANCIES.— LAUTENBERG, and Mr. MENEN- (A) TERM.—A member of the Commission goes after so called ‘‘gougers’’ while DEZ): doing nothing to affect supply. shall be appointed for the life of the Commis- S. 1498. A bill to amend the Lacey sion. I am hopeful that my colleagues in Act Amendments of 1981 to prohibit the (B) VACANCIES.—Any vacancy in the Com- the Senate will join me and quickly mission— import, export, transportation, sale, pass the bill I am introducing today. (i) shall not affect the powers of the Com- receipt, acquisition, or purchase in Our constituents elected us to solve interstate or foreign commerce of any mission; and problems and make their lives better, (ii) shall be filled in the same manner as live animal of any prohibited wildlife not to name call and demagogue. the original appointment. species, and for other purposes; to the (b) PURPOSE.—The Commission shall con- I have been talking about the lack of Committee on Environment and Public adequate refining supplies for some duct a comprehensive review of the energy Works. policy of the United States by— years. In May 2004, while chairman of Mrs. BOXER. Mr. President, today, I (1) reviewing relevant analyses of the cur- the Committee on Environment and rent and long-term energy policy of, and con- am introducing the Captive Primate Safety Act. I am pleased to be joined Public Works, I held a hearing on the ditions in, the United States; environmental issues regarding oil re- (2) identifying problems that may threaten by Senators VITTER, LIEBERMAN, LAU- fining. The committee received testi- the achievement by the United States of TENBERG, and MENENDEZ. An almost long-term energy policy goals, including en- identical bill passed the Senate by mony about the lack of adequate refin- ergy independence; unanimous consent in the 109th Con- ing capacity and the obstacles the in- (3) analyzing potential solutions to prob- gress. dustry faced in order to meet consumer lems that threaten the long-term ability of This bipartisan bill amends the demand. the United States to achieve those energy Lacey Act to prohibit transporting In a May 2005 speech, then-Federal policy goals; and Reserve Chairman Alan Greenspan (4) providing recommendations that will monkeys, great apes, lemurs, and other nonhuman primates across State lines stated, ‘‘The status of world refining ensure, to the maximum extent practicable, capacity has become worrisome as that the energy policy goals of the United for the pet trade, much like the Cap- States are achieved. tive Wildlife Safety Act, which passed well. Of special concern is the need to (c) REPORT AND RECOMMENDATIONS.— unanimously in 2003, did for tigers and add adequate coking and (1) IN GENERAL.—Not later than December other big cats. desulphurization capacity to convert 31 of each of calendar years 2009, 2011, 2013, This bill has no impact on trade or the average gravity and sulphur con- and 2015, the Commission shall submit to transportation of animals for zoos, tent of much of the world’s crude oil to Congress and the President a report on the medical and other licensed research fa- the lighter and sweeter needs of prod- progress of United States in meeting the cilities, or certain other licensed and uct markets, which are increasingly long-term energy policy goal of energy inde- pendence, including a detailed statement of regulated entities. The prohibitions in dominated by transportation fuels that the findings, conclusions, and recommenda- the Lacey Act only apply to the pet must meet ever-more stringent envi- tions of the Commission. trade. ronmental requirements.’’ (2) LEGISLATIVE LANGUAGE.—If a rec- I am proud that this legislation is The fact of the matter is that, like it ommendation submitted under paragraph (1) supported by the Humane Society of or not, the U.S. needs to increase its

VerDate Aug 31 2005 10:50 May 25, 2007 Jkt 059060 PO 00000 Frm 00290 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.220 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6867 refining capacity if we are to solve the competitive cellulosic biofuels. Cel- protein derived therapeutic biologics. economic struggles facing every fam- lulosic biorefineries will want to create These differences are going to require a ily. an assured supply of feedstock and will much more detailed and a much more The bill I am introducing today rede- enter into long-term contracts with complex approval pathway than the ge- fines and broadens our understanding surrounding biomass producers. neric drug approval process. To protect of a ‘‘refinery’’ to be a ‘‘domestic fuels One of the incentives for oil compa- patient safety, the FDA must be em- facility.’’ Oil has been and will con- nies to invest in exploration is that powered to apply rigorous scientific tinue to play a major role in the U.S. their stock prices are affected by their standards to biosimilars seeking ap- economy, but the future of our domes- declared proved reserves. Creating a proval, while at the same time avoid- tic transportation fuels system must definition of renewable reserves would ing duplicative testing and unneces- also include new sources such as ultra- create a similar incentive for them to sary expense. clean syn-fuels derived from coal and invest in cellulosic biofuels. Biological products are among the cellulosic ethanol derived from home- In 1975, Congress directed the SEC to most promising and effective medicines grown grasses and biomass. promulgate a definition of proved re- for the treatment of serious and life- Expanding existing domestic fuels fa- serves. At that time, the SEC based its threatening diseases. Unfortunately cilities like refineries or constructing definition upon broadly-accepted in- these medicines are often very expen- new ones face a maze of environmental dustry standards established by the So- sive, and current U.S. law does not pro- permitting challenges. The Gas PRICE ciety of Petroleum Engineers 1978 vide an abbreviated approval pathway Act provides a Governor with the op- FASB System. While no broadly ac- for ‘‘follow-on’’ versions of these inno- tion of requiring the Federal EPA to cepted industry standards yet exist for vative products after key patents ex- provide the state with financial and thinking about dedicated energy crops, pire. Therefore, Congress should act so technical resources to accomplish the industry, growers and agronomists that patients can have access to less job and establishes a certain permit- could be brought together to agree on expensive versions of biologics, just as ting process for all parties. And it does standards and practices. Agronomists they do with generic small molecule so without waiving environmental laws could play a similar role in estimation drugs. and working with local governments. of renewable reserves to that of petro- In addition to the great benefits asso- The public demands increasing sup- leum engineers in proved reserves by ciated with biologic products, the plies of transportation fuel, but they providing independent projections of American biotech industry has become also expect that fuel to be good for biomass yields. the world leader in development of new their health and the environment. To The Energy Policy Act of 2005 di- therapies for serious or life-threatening that end, the bill requires the EPA to rected the Department of Energy to ac- illnesses. This will only continue as establish a demonstration to assess the celerate the commercial development there are now at least 400 biologics cur- use of Fischer-Tropsch FT diesel and of oil shale and tar sands. As these un- rently in development. To preserve this jet fuel as an emission control strat- conventional fuel sources reach viabil- incredibly innovative industry, bio- egy. Initial tests have found that FT ity, the SEC will be pressured to de- technology companies need to have a velop methodology to incorporate meaningful period of time to recoup diesel emits 25 percent less NOX, nearly 20 percent less PM1O, and approxi- them into its reserves hierarchy. Given the extraordinary expenses incurred in the country’s interest in developing re- bringing these life-saving medicines to mately 90 percent less SOX than low sulfur petroleum diesel. Further, U.S. newable alternatives to fossil fuels, it market. If not, U.S. based research and Air Force tests at Tinker base in my is logical that the SEC would develop development of new biotech medicines home state found that blends of FT air- criteria for the incorporation of bio- will be threatened. Therefore, today I am introducing craft fuel reduced particulate 47–90 per- mass feedstock sources into its hier- the Affordable Biologics for Consumers cent and completely eliminated SO archy at the same time. X This is Congress’s least expensive Act of 2007. It requires the FDA develop emissions over contemporary fuels in way to jumpstart the cellulosic science-based rules for approval of bio- use today. logics on a product-class basis. The leg- Good concepts in Washington are bad biofuels industry. Much has changed in Washington islation also provides 14 years of data ideas if no one wants them at home. As since I was chairman of the Environ- exclusivity for innovator drug manu- a former Mayor of Tulsa, I am a strong ment Committee and held hearings on facturer products, with an additional 2 believer in local and state control. The the need to improve our domestic years available if the Secretary ap- Federal Government should provide in- transportation fuels system. I hope proves a new indication for the ref- centives to not mandate on local com- that the new majority joins me in erence product. This legislation will munities. Increasing clean domestic quickly passing the Gas PRICE Act ensure that patients have access to fuel supplies is in the nation’s security doing so would be a material and sub- safe and affordable biologics, while pro- interest, but those facilities can also stantive action toward their stated tecting innovation and spurring the de- provide high paying jobs to people and goal of ‘‘energy independence’’ and velopment of new life-saving therapies. towns in need. My bill provides finan- would go far beyond more partisan I urge my colleagues to join me, and cial incentives to the two most eco- symbolism. the many patient groups that have en- nomically distressed communities in dorsed this legislation, in supporting the Nation, towns affected by BRAC By Mr. GREGG (for himself, Mr. this crucial piece of legislation. and Indian tribes consider building BURR, and Mr. COBURN): Mr. HATCH. Mr. President, I rise to coal-to-liquids and commercial scale S. 1505. A bill to amend the Public commend our colleagues, Senators cellulosic ethanol facilities. Health Service Act to provide for the GREGG, BURR, and COBURN, for their in- I am very proud that my home state approval of biosimilars, and for other troduction today of the Affordable Bio- of Oklahoma is a leader in the develop- purposes; to the Committee on Health, logics for Consumers Act, S. 1505. ment of energy crops for cellulosic Education, Labor, and Pensions. As my colleagues are aware, I am the biofuels, and specifically coordinated Mr. GREGG. Mr. President, next original author with Representative programs through the Noble Founda- month the Senate Health, Education, HENRY WAXMAN of the Drug Price Com- tion in Ardmore. The key now is to Labor, and Pensions Committee is ex- petition and Patent Term Restoration promote investment in this exciting pected to markup legislation creating Act, a law which gave rise to today’s area, and nothing would speed the a regulatory pathway for the approval generic drug industry. And so, I have a rapid expansion of the cellulosic of follow-on biologics, or ‘‘biosimi- long-standing interest in making cer- biofuels industry more than invest- lars’’. I look forward to working with tain that consumers have access to af- ment by the Nation’s traditional pro- my colleagues on this important issue fordable medications and that we pro- viders of liquid transportation fuels. and would especially like to thank Sen- vide the appropriate incentives for de- Many integrated oil companies have ator Hatch for his leadership in this velopment of the new products that are formed or substantially expanded their area. eventually to be copied. biofuels divisions within the past year There are significant differences be- We must rectify the fact that there is to prepare for the eventuality of cost- tween small molecule drugs and larger no clear pathway for follow-on copies

VerDate Aug 31 2005 10:59 May 25, 2007 Jkt 059060 PO 00000 Frm 00291 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.242 S24MYPT1 bajohnson on PRODPC74 with SENATE S6868 CONGRESSIONAL RECORD — SENATE May 24, 2007 of biological products, such as human have been working on draft legislation eral improvements to the program, growth hormone or insulin, to take two for some time, I have not introduced a based upon the lessons learned over the easy examples. And it must be rectified proposal pending a successful conclu- last 7 years. These amendments will in- on a priority basis. sion to those discussions. It has been crease protections and help reduce the That the Hatch-Waxman law did not our hope, and it remains our hope, that water pollution that threatens the en- cover these biologic products was not a our meetings will lead to development vironment and public health. simple omission. Indeed, the market of a consensus document that will pro- First, the Beach Protection Act will for biologicals really did not develop vide the basis for the expected HELP increase the funds available to States, until after enactment of Waxman- Committee markup on June 13th. and expand the uses of those funds to Hatch in 1984. There is no doubt in my mind that include tracking the sources of pollu- For many years, I have worked to- the Gregg-Burr-Coburn proposal will tion that cause beach closures, and ward development of a pathway for help inform the discussions of we four supporting pollution prevention ef- these ‘‘follow-on’’ products, but it was Senators, and indeed the HELP Com- forts. It will also require EPA to de- not until recently that I believe we mittee’s deliberations on this issue. velop methods for rapid testing of have developed a public consensus that Senators Gregg, Burr and Coburn have beach water, so that results are avail- there is the scientific and regulatory a proven record in contributing greatly able in 2 hours, instead of 2 days. underpinning necessary to write a good to the body of law we call the Food, Secondly, this legislation will law. Drug and Cosmetic Act. Their bill is a strengthen the requirements for public Comes now the Gregg-Burr-Coburn thoughtful and serious contribution notification of health risks posed by bill, which must be seen as an impor- and it is a significant work that this beach water contamination, and ensure tant contribution to the necessary dia- body should recognize. that all State and local agencies that log on follow-on biologics. play a role in protecting the environ- The Gregg-Burr-Coburn proposal ad- By Mr. LAUTENBERG (for him- ment and public health are notified of dresses elements which I believe are self and Mr. MENENDEZ): violations of water quality standards. key to any law we enact. First, there S. 1506. A bill to amend the Federal Finally, the Beach Protection Act must be sufficient incentive for the de- Water Pollution Control Act to modify will improve accountability for states velopment of biologic products. That provisions relating to beach moni- that fail to comply with the require- incentive is tied inherently to an ap- toring, and for other purposes; to the ments of the Act. propriate protection of the innovator’s Committee on Environment and Public These measures will improve the intellectual property. And the protec- Works. public’s awareness of health risks tion must be for a sufficient length of Mr. LAUTENBERG. Mr. President, I posed by contamination of coastal wa- time to allow inventors of the molecule rise today to introduce legislation that ters, and create additional tools for ad- dressing the sources of pollution that and others who have a financial stake would increase protections for the Na- cause beach closures, including leaking in its development to recoup the sub- tion’s beaches and the public. or overflowing sewer systems and stantial time and investment necessary This bill, the Beach Protection Act, will amend the sections of the Clean stormwater runoff. to invent a biologic. Such protections Clean water is an economic and pub- Water Act that were enacted in the are key for biotechnology companies, lic health necessity for New Jersey and Beaches Environmental Assessment large and small, but also for univer- other coastal states. I have devoted my and Coastal Health, BEACH, Act, sities that conduct much of the re- career to keeping New Jersey’s waters which I wrote in 1990, and which was search on new molecules and the other clean and safe for swimming and fish- enacted and signed by President Clin- investors who support that promising ing. The original BEACH Act I au- ton in 2000. research. thored was an important step toward Second, we should not create unnec- The BEACH Act required states to ensuring cleaner, safer beaches. The essary barriers to marketing of lower- adopt the Environmental Protection Beach Protection Act will further cost, successor biologic products. While Agency’s 1986 national bacteria stand- strengthen protections for the public the law must contemplate that the fol- ard for beach water quality and pro- and our beaches. vided incentive grants for States to set low-on products be subjected to a rig- I am pleased that Senator Menendez up beach monitoring and public notifi- orous scientific review to ensure they is joining me as an original cosponsor cation programs. At the time Congress are safe, pure and potent, that review, of this legislation. I look forward to passed the BEACH Act, only 7 States however, should be flexible enough to working with my colleagues to move had adopted water quality standards make certain there are not unneces- this legislation forward toward pas- for bacteria at least as stringent as sary barriers to market entry for the sage. lower-cost alternatives. those recommended by EPA in 1986. Third, past history should inform our Only 9 States had programs in place to By Mr. GRASSLEY (for himself decision-making when it can, but any monitor all or most of their beaches for and Mr. BAUCUS): law we write must reflect the emerging pathogens, and to close the beaches or S. 1507. A bill to amend title XVIII of realities of today’s pharmaceutical issue advisories when coastal waters the Social Security Act to provide for market. are not safe. Only 5 States compiled drug and health care claims data re- And, finally, the law must reflect a and publicized records of beach clos- lease; to the Committee on Finance. careful balance. We all want consumers ings and advisories. New Jersey was Mr. GRASSLEY. Mr. President, I am to have access to more affordable medi- one of the leaders in all three of these pleased to join my colleague from Mon- cations, and surely there is a need to categories. tana, Senator BAUCUS in introducing allow patients to buy less expensive bi- Now, thanks to the BEACH Act, the Access to Medicare Data Act of ological products. At the same time, every coastal State except Alaska has 2007. This legislation is based on S. we want to make certain that the ab- a monitoring program and a program 3897, the Medicare Data Access and Re- breviated pathway for these follow-on for public notification of contamina- search Act, which Senator BAUCUS and biologics contemplates review of prod- tion of beach waters. In addition, every I introduced in the 109th Congress. ucts which are truly follow-ons to the State has adopted standards at least as The bill we are introducing today es- innovators’ products, and not new bio- stringent as those set by EPA. tablishes a framework under which logics. This is tied inherently to the The Beach Protection Act would Federal agencies within the Depart- standard which is developed for ‘‘simi- build upon the progress we have made ment of Health and Human Services larity’’ of the follow-on to the inno- since passage of the BEACH Act, to im- would have access to Medicare data, in- vator. prove monitoring and notification re- cluding data collected under the Medi- As many are aware, Senators Ken- quirements, and improve the protec- care prescription drug benefit, to con- nedy, Enzi, Clinton and I have been tion of our beaches. duct research consistent with the agen- meeting for some time to discuss the The Beach Protection Act will reau- cies’ missions. The legislation also cre- elements that must be included in any thorize the Federal grants created ates a process through which univer- follow-on biologics legislation. While I under the BEACH Act, and make sev- sity-based and other researchers who

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00292 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.245 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6869 meet a strict set of requirements would for other purposes; to the Committee on efficient planning. That is why be permitted to use Medicare data for on Commerce, Science, and Transpor- these weather satellites are so key, research purposes. tation. they allow experts to say with some As I said last year, Medicare data, Ms. LANDRIEU. Mr. President, I certainty that one area will be out of particularly prescription drug data, are come to the floor today to speak about harm’s way while another area is in po- an immense resource that can support a very important, and timely issue, for tential danger. critical health services research, espe- constituents all along the Gulf Coast, One of these weather satellites is the cially research on drug safety. Exam- as well as coastal residents along the Quick Scatterometer, or QuikSCAT ining Medicare data could help the Atlantic seaboard, the need for accu- satellite. QuikSCAT is an ocean-ob- FDA identify situations, such as the rate hurricane forecasting and track- serving satellite launched in June 1999 one involving Vioxx more quickly and ing. This issue is particularly timely to replace the capability of the Na- to take quick action to protect the with the 2007 Atlantic Hurricane sea- tional Aeronautics and Space Adminis- public’s health and safety. son beginning next week. According to tration Scatterometer, NSCAT, sat- But the FDA isn’t the only place that the National Hurricane Center, 2007 is ellite. The NSCAT lost power in 1997, 9 this important research can and should estimated to have between 13 to 17 months after launch in September 1996. occur. The study issued earlier this named storms, 7 to 10 hurricanes, and 3 QuikSCAT has the objective of improv- week in the New England Journal of to 5 major hurricanes. When I hear ing weather forecasts near coastlines Medicine regarding the prescription ‘‘three to five major hurricanes’’ I have by using wind data in numerical weath- medicine Avandia clearly demonstrates to admit it makes me and my constitu- er-and-wave prediction. It also was that point. Researchers from the Cleve- ents a little nervous because, in 2005, as launched with the purpose of improv- land Clinic found that there are serious the world is well aware, we had another ing hurricane warning/monitoring as problems with Avandia a drug that has active hurricane season with three well as serving as the next ‘‘El Nin˜ o been on the market for 8 years and is major storms, Katrina, Rita and Wilma watcher’’ for NASA. This particular used to treat diabetes. Specifically, the impacting the Gulf Coast States. Two satellite was instrumental in accurate researchers believe that taking of these powerful storms, Katrina and tracking of Tropical Storm, later Hur- Avandia increases the likelihood that a Rita, slammed into my State of Lou- ricane Katrina, as it provided NOAA diabetic patient will have a heart at- isiana. We lost hundreds of lives and experts with accurate data on the wind tack and maybe even die. The research- thousands of businesses as a result. To speed and direction for Katrina. It ers came to this conclusion after re- this day, the region is still slowly re- gives experts an estimate of the size of viewing information from 42 clinical covering, but by all accounts, the loss the tropical storm winds and the hurri- trials. Making Medicare data available of life and property could have been cane winds. to researchers like those at the Cleve- much worse had we not had top notch Given how important this satellite is land Clinic will offer another avenue forecasting and tracking of these for hurricane forecasting, many in Con- for them to take in conducting re- storms. Accurate monitoring of these gress including myself are concerned as search like this. storms, from their development in the this essential satellite is currently 5 I want to be clear that, similar to Gulf and Atlantic Ocean, until they years over its intended 3 year lifespan last year’s bill, the Access to Medicare slammed into the Gulf Coast, literally and could fail at any moment. I am Data Act won’t permit just anyone to saved lives as thousands of residents aware that there are ongoing discus- get the Medicare data. In applying for were able to evacuate from the im- sions in terms of getting a replacement data access, researchers at universities pacted areas. This accurate forecast, satellite for QuikSCAT but it is just and other organizations will have to showing residents if they are in the that, discussions. As it stands today, meet strict criteria. They must have possible ‘‘danger zone,’’ is provided by there are currently no contingency well-documented experience in ana- the experts in the National Hurricane plans in place should this satellite fail lyzing the type and volume of data to Center but they cannot do their job and no program in place to fast track a be provided under the agreement. They without the necessary data. Such data next-generation QuikSCAT. What must agree to publish and publicly dis- is provided via buoys in the water, Hur- would the impact be you ask if this seminate their research methodology ricane Hunter Aircraft, radar stations satellite fails? Well, according to Bill and results. They must obtain approval on the ground, as well as satellites. Proenza, Director of the National Hur- for their study from a review board. With recent advances in technology, ricane Center, without QuikSCAT, hur- They must comply with all safeguards I believe sometimes we take for grant- ricane forecasting would be 16 percent established by the Secretary to ensure ed these satellites, which are so far re- less accurate 72 hours before hurricane the confidentiality of information. moved from our daily existence as to landfall and 10 percent less accurate 48 These safeguards cannot permit the be ‘‘out of sight, out of mind.’’ How- hours before hurricane landfall. This disclosure of information to an extent ever, they are a major part of our daily loss of accuracy means a great deal for greater than permitted by the Health lives as satellites now provide us with those impacted by future storms as ex- Insurance Portability and Account- our radio stations, give us driving di- perts would have to expand the area ability Act of 1996 and the Privacy Act rections, bring us our favorite tele- possibly impacted to fully ensure those of 1974. vision shows. These same satellites impacted were properly warned. For I am hopeful that we can get this bill also give us views of distant galaxies/ example, a 16 percent loss of accuracy approved soon. I, for one, don’t want to stars and allow us to see weather pat- at 72 hours before landfall would in- be standing here next year talking terns days before they come through crease the area expected to be under about another Vioxx or another our towns. It is this use of weather hurricane danger from 197 miles to 228 Avandia. We need to improve and cre- tracking satellites of which I would miles on average. With a 10 percent ate more opportunities for the govern- like to highlight with the upcoming loss of accuracy at 48 hours before ment, as well as other researchers, to hurricane season. As Hurricane landfall, the area expected to be under spot potential trouble with a drug Katrina showed us, Federal and State hurricane danger would rise from 136 more quickly and to take swifter steps response plans are not worth the paper miles to 150 miles on average. Greater to protect the public’s health and safe- they are printed on if you do not know inaccuracy of this type would lead to ty. The Access to Medicare Data Act where or when the disaster might more ‘‘false alarm’’ evacuations along will help us accomplish that critical strike. No amount of satellite phones the Gulf Coast and Atlantic Coast and, goal. or stockpiles of supplies are helpful if as a result, decrease the possibility of they are on the other side of the coun- impacted populations sufficiently heed- By Ms. LANDRIEU (for herself, try when a disaster hits. Pre-posi- ing mandatory evacuations. As some- Mr. KERRY, Mr. NELSON of Flor- tioning personnel and supplies ahead of one who has spent my whole life in ida, and Mr. MARTINEZ): a disaster, as well as efficient evacu- Louisiana and who has been through S. 1509. A bill to improve United ations of residents from a possible dis- many hurricanes, I can tell you that if States hurricane forecasting, moni- aster area depends just as much on ac- someone evacuates and then the storm toring, and warning capabilities, and curate weather forecasting as it does turns or does not impact their area,

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00293 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.225 S24MYPT1 bajohnson on PRODPC74 with SENATE S6870 CONGRESSIONAL RECORD — SENATE May 24, 2007 they are less likely to evacuate for the striking heavily populated New York, (B) greater inaccuracy of this type would next storm. It is human nature and al- Massachusetts, or Pennsylvania it lead to more ‘‘false alarm’’ evacuations though Katrina has left many in my would not only devastate the region along the Gulf Coast and Atlantic Coast and part of the country more attentive to but leave the Nation’s financial and decrease the possibility of impacted popu- commerce centers in ruins. I urge my lations sufficiently heeding mandatory evac- evacuation orders, as time passes cer- uations. tainly people will not heed orders if in- colleagues to support this legislation (8) According to recommendations in the accurate hurricane forecasts cause since it will help improve hurricane National Academies of Science report enti- them to pack their belongings and rush forecasting and will maintain con- tled ‘‘Decadal Survey’’, a next generation away from their homes, only to have tinuity of operations for current hurri- ocean surface wind vector satellite mission the storm hit another State. So it is cane forecasting and warning capabili- is needed during the three year period begin- essential to provide the National Hur- ties. ning in 2013. ricane Center and NOAA with the tools I ask unanimous consent that the (9) According to the National Hurricane they need to get the forecast right and text of the bill and articles relating to Center, a next generation ocean surface vec- QuikSCAT be printed in the RECORD. tor wind satellite is needed to take advan- better prepare coastal residents for fu- tage of current technologies that already ture hurricanes and storms. There being no objection, the mate- rial was ordered to be printed in the exist to overcome current limitations of the With this in mind, I am introducing QuikSCAT satellite and enhance the capa- today the Improved Hurricane Track- RECORD, as follows: bilities of the National Hurricane Center to ing and Forecasting Act of 2007. I am S. 1509 better warn coastal residents of possible hur- proud to be joined on this legislation Be it enacted by the Senate and House of Rep- ricanes. by Senators KERRY, BILL NELSON, and resentatives of the United States of America in SEC. 3. PROGRAM FOR IMPROVED OCEAN SUR- Congress assembled, MARTINEZ. My colleagues from Florida FACE WINDS VECTOR SATELLITE. spend much time working on hurricane SECTION 1. SHORT TITLE. (a) REQUIREMENT.—The Administrator of This Act may be cited as the ‘‘Improved the National Oceanic and Atmospheric Ad- preparedness and I am honored to have Hurricane Tracking and Forecasting Act of their support on this bill, as well as the ministration shall, in consultation with the 2007’’. Administrator of the National Aeronautics support from my friend from Massa- SEC. 2. FINDINGS. and Space Administration and the head of chusetts. This broad array of support Congress makes the following findings: any other department or agency of the from senators from both the Gulf Coast (1) Scatterometers on satellites are state- United States Government designated by the and Atlantic Coast shows how essential of-the-art radar instruments which operate President for purposes of this section, carry this particular satellite program is for by transmitting high-frequency microwave out a program for an improved ocean surface pulses to the ocean surface and measuring winds vector satellite. our coastal residents. Furthermore, my echoed radar pulses bounced back to the sat- colleague from Louisiana, Representa- (b) PURPOSES.—The purposes of the pro- ellite. gram required under subsection (a) shall be tive CHARLIE MELANCON, introduced the (2) Scatterometers can acquire hundreds of to provide for the development of an im- times more observations of surface wind ve- House version of this bill along with proved ocean surface winds vector satellite locity each day than can ships and buoys, Representative RON KLEIN from Flor- in order to— and are the only remote-sensing systems ida. (1) address science and application ques- able to provide continuous, accurate and This is very straightforward bill as it tions related to air-sea interaction, coastal high-resolution measurements of both wind authorizes $375 million for a new sat- circulation, and biological productivity; speeds and direction regardless of weather (2) improve forecasting for hurricanes, ellite. QuikSCAT is 5 years past its conditions. coastal winds and storm surge, and other projected lifespan and a new replace- (3) The Quick Scatterometer satellite weather-related disasters; ment is needed so this bill fills the (QuikSCAT) is an ocean-observing satellite (3) ensure continuity of quality for sat- need. The funds would go to NOAA for launched on June 19, 1999, to replace the ca- ellite ocean surface vector wind measure- the design and launch of an improved pability of the National Aeronautics and Space Administration Scatterometer ments so that existing weather forecasting QuikSCAT satellite. This new satellite and warning capabilities are not degraded; would take advantage of recent ad- (NSCAT), an instrument which lost power in 1997, 9 months after launch in September (4) advance satellite ocean surface vector vances in technology and maintain 1996. wind data capabilities; and continuity of operations for the cur- (4) The QuikSCAT satellite has the oper- (5) address such other matters as the Ad- rent QuikSCAT weather forecasting ational objective of improving weather fore- ministrator of the National Oceanic and At- and warning capabilities. To ensure casts near coastlines by using wind data in mospheric Administration, in consultation that we are not left in another position numerical weather-and-wave prediction, as with the Administrator of the National Aer- well as improve hurricane warning and moni- onautics and Space Administration, con- like this, with an ailing satellite in siders appropriate. space and no contingency plans for a toring and acting as the next ‘‘El Nino watcher’’ for the National Aeronautics and (c) ANNUAL REPORTS.— replacement, this bill also institutes Space Administration. (1) REPORTS REQUIRED.—Not later than six some reporting requirements for the (5) The QuikSCAT satellite was built in months after the date of the enactment of new QuikSCAT satellite. When this just 12 months and was launched with a 3- this Act and annually thereafter until the satellite is launched, NOAA would be year design life, but continues to perform per termination of the program required under required to update Congress on the specifications, with its backup transmitter, subsection (a), the Administrator of the Na- operational status of the satellite and as it enters into its 8th year—5 years past its tional Oceanic and Atmospheric Administra- tion shall submit to the Committee on Com- its data capabilities. I believe this is a projected lifespan. (6) The QuikSCAT satellite provides daily merce, Science, and Transportation of the commonsense requirement which coverage of 90 percent of the world’s oceans, Senate and the Committee on Science and would put the Congress in a position in and its data has been a vital contribution to Technology of the House of Representatives the future to fast track authorization National Weather Service forecasts and a report on the program required under sub- or funding should it be necessary, rath- warnings over water since 2000. section (a). er than having to play catch up. (7) Despite its continuing performance, the (2) ELEMENTS.—Each report under para- I strongly believe this bill is nec- QuikSCAT satellite is well beyond its ex- graph (1) shall include the following: essary to protect our coastal residents pected design life and a replacement is ur- (A) A current description of the program from future hurricanes. This is be- gently needed because, according to the Na- required under subsection (a), including the tional Hurricane Center, without the amount of funds expended for the program cause, according to the U.S. Census Bu- QuikSCAT satellite— during the period covered by such report and reau, close to 53 percent of the U.S. (A) hurricane forecasting would be 16 per- the purposes for which such funds were ex- population resides within the first 50 cent less accurate 72 hours before hurricane pended. miles of the coast. You also have to landfall and 10 percent less accurate 48 hours (B) A description of the operational status take into account that although hurri- before hurricane landfall resulting in— of the satellite developed under the program, canes usually hit the Gulf Coast or (i) with a 16 percent loss of accuracy at 72 including a description of the current capa- southern Atlantic Coast, hurricanes hours before landfall, the area expected to be bilities of the satellite and current estimate have and possibly will strike the more under hurricane danger would rise from 197 of the anticipated lifespan of the satellite. miles to 228 miles on average; and (C) A description of current and proposed populous northeast Atlantic Coast. (ii) with a 10 percent loss of accuracy at 48 uses of the satellite by the United States Hurricane Katrina devastated Ala- hours before landfall, the area expected to be Government, and academic, research, and bama, Louisiana and Mississippi but under hurricane danger would rise from 136 other private entities, during the period cov- consider the same magnitude of storm miles to 150 miles on average; and ered by such report.

VerDate Aug 31 2005 10:50 May 25, 2007 Jkt 059060 PO 00000 Frm 00294 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.227 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6871 (D) Any other matters that the Adminis- Forecasters worry that if the last of a fleet Like Mayfield, Proenza stressed the impor- trator of the National Oceanic and Atmos- of older-generation satellites, planned for tance of preparedness, but he also set out pheric Administration, in consultation with launch in late 2007, fails at or shortly after slightly different positions. Global warming the Administrator of the National Aero- liftoff—one in 10 do—they would have insuffi- was one of them. Last year, the Caribbean nautics and Space Administration, considers cient satellite coverage beyond 2010. Longer and western Atlantic had the second-highest appropriate. high-altitude aerial flights could help make sea temperatures since 1930, but the season (d) AUTHORIZATION OF APPROPRIATIONS.— up for breaks in satellite forecast coverage. turned out to be quieter than expected, There is authorized to be appropriated to the But airplanes are only good for forecasting Proenza said. ‘‘So there’s got to be other fac- National Oceanic and Atmospheric Adminis- small regions surrounding the storms, not tors working and impacting hurricanes and tration $375,000,000 to carry out the program the three- to five-day forecasts so vital for tropical storms than just sea surface tem- required under subsection (a). evacuation planning, Proenza said. Other peratures or global warming,’’ he said. [From Florida Today, May 17, 2007] NASA or European satellites may help com- His comments distinguished him from KEY HURRICANE-DETECTING SATELLITE MAY pensate for some data lapses, too, but many Mayfield, who had said climate change didn’t FAIL SOON of those are designed to gather long-term cli- substantially enhance hurricane activity, es- mate data, not storm information. pecially the number of storms. Both men (By Jim Waymer) ‘‘I would like to see something that would talked about being in a period of heightened FORT LAUDERDALE, FLA.—A vital satellite last 10 years,’’ Proenza said of a QuikSCAT hurricane activity since 1995, as part of a for determining a hurricane’s power could replacement. ‘‘NOAA needs to take it as a natural fluctuation. soon go kaput. NASA’s QuikSCAT polar sat- top priority from here.’’ ellite is running on borrowed time and may [From the Institute for Emergency soon leave forecasters—and therefore the [From the Houston Chronicle, March 16, 2007] Management, May 2, 2007] general public—without the best, most pre- EXPERT WARNS OF WORSE HURRICANE FAILING HURRICANE TRACKING SATELLITE cise information about how powerful ap- FORECASTS IF SATELLITE FAILS proaching storms might become, a top hurri- Hurricanes take lives and destroy property cane official warned. And there’s nothing to (By Jessica Gresko) along the Gulf and Atlantic coasts virtually replace it. ‘‘We are already on its backup MIAMI.—Certain hurricane forecasts could every year. The danger to lives and property transmitter,’’ Bill Proenza, director of the be up to 16 percent less accurate if a key is increasing as more and more people move National Hurricane Center, told a crowd of weather satellite that is already beyond its to the coastlines. Over 50 percent of the U.S. about 4,000 Wednesday at the first day of the expected lifespan fails, the National Hurri- population lives within 50 miles of the coast. Governor’s Hurricane Conference in Fort cane Center’s new director said Friday in Of this population, 7 million have moved to Lauderdale. ‘‘When we lose that, that sat- calling for hundreds of millions of dollars in the coast since 2005—many of these people ellite is gone.’’ new funding for expanded research and pre- have never faced a hurricane before. Proenza said the QuikSCAT satellite, dictions. As coastlines become more densely popu- launched in 1999, could take up to five years Bill Proenza also told the Associated Press lated, longer lead times are needed to evac- and $400 million to replace. The satellite was in an wide-ranging interview that ties be- uate each area threatened by a storm. As a only designed to operate for three to five tween global warming and increased hurri- result, hurricane forecasting tools have be- years, the new director of the hurricane cen- cane strength seemed a ‘‘natural linkage.’’ come increasingly important. The nation’s ter said. Proenza recently replaced Max But he cautioned that other weather condi- principal forecast agencies are the National Mayfield as director. ‘‘I came in and was tions currently play a larger part in deter- Weather Service and the National Hurricane very concerned it wasn’t being addressed,’’ mining the strength and number of hurri- Center. The National Hurricane Center uses Proenza said in an interview with Florida canes. a variety of scientific instruments and tools, Today. Proenza said he has emphasized the One of Proenza’s immediate concerns is the including satllites, reconnaissance planes, satellite’s importance to top officials from so-called ‘‘QuikScat’’ weather satellite, radar, and weather-sensing devices. One very the National Oceanic and Atmospheric Ad- which lets forecasters measure basics such as crucial forecasting tool is the QuikSCAT ministration. wind speed. Replacing it would take at least satellite. QuikSCAT measures broad windfields, giv- four years even if the estimated $400 million The QuikSCAT satellite was launched in ing forecasters a bigger picture of storms cost were available immediately, he said. 1999 by NASA’s Jet Propulsion Laboratory, than ships or aircraft. Last year, the sat- It is currently in its seventh year of oper- and was expected to last until 2002. It in- ellite’s data revealed that what forecasters ation and was expected to last five, Proenza cludes an experimental sensor to determine thought a weak tropical storm was really said, and it is only a matter of time until it a Hurricane’s intensity and wind patterns. It Hurricane Helene, a Category 2 hurricane. fails. Without the satellite providing key is like a storm’s X-ray, showing the inner Kinks in an infrared camera and $3 billion in data, Proenza said, both two- and three-day structure of a hurricane. The QuikSCAT is cost overruns have stalled the next genera- forecasts of a storm’s path would be affected. still functioning, but it is now 8 years old, tion of weather satellites, threatening a The two-day forecast could be 10 percent five years past its projected lifespan. If it three-year or longer gap in coverage from or- worse while the three-day one could be af- fails, tbe consequences could be dire. biters that loop the Earth’s poles and help fected up to 16 percent, Proenza said. That There is considerable uncertainty about predict where the next big hurricane will hit. would mean longer stretches of coastline the path of a hurricane. When a storm is far The gap could worsen forecast errors from a would have to be placed under warnings, and out at sea, a large section of the coastline is few miles to a few hundred miles. more people than necessary would have to identified as being a potential landfall site. The precision of the two-day forecast evacuate. As the storm gets closer, the area of ex- would drop 10 percent, Proenza said, and the Average track errors last year were about pected landfall shrinks down. Since cities three-day forecast by 16 percent. Either loss 100 miles on two-day forecasts and 150 miles and communities have to evacuate many in accuracy would equate to landfall pre- on three-day predictions. Track errors have hours before expected landfall, it is impor- dictions being off by potentially hundreds of been cut in half over the past 15 years. Los- tant to know as early as possible where a miles in Florida, since storms approach at a ing QuikScat could erode some of those storm might strike. Most cities along the steep angle. gains, Proenza acknowlegded, adding he did coast require more than 36 hours to safely Officials rely on precise predictions for not know of any plans to replace It. evacuate the majority of their residents. If tracks to avoid expensive, unnecessary evac- Proenza, 62, also discussed a series of other there are large numbers of citizens without uations—or worse, a failure to evacuate concerns, naming New Orleans, the North- cars or the ability to move, the time needed those in harm’s way. A QuikSCAT failure east and the Florida Keys as among the to evacuate becomes considerably longer. In and less precise predictions could lead to areas most vulnerable to hurricanes. Apart 2005, good forecasting prompted timely evac- ‘‘hurricane fatigue,’’ with more people decid- from working with the media and emergency uations of appropriate areas, and was respon- ing to take their chances against approach- managers to help vulnerable residents pre- sible for saving thousands of lives threatened ing storms, officials said. ‘‘There will be pare, he proposed having students come up by Hurricanes Katrina, Rita, and Wilma. more cries of wolf,’’ said Charlie Roberts, with plans at school to discuss with their Without the QuikSCAT, the National Hur- senior emergency management coordinator parents. ricane Center has estimated that hurricane for Brevard County (Fla.) Emergency Man- He said he believes hundreds of millions of forecasting would be l6 percent less accurate agement. ‘‘And the probability of us jumping dollars more money is needed to better un- 72 hours before Hurricane landfall and 10 per- the gun increases.’’ derstand storms. At the same time, he cent less accurate 48 hours before landfall. Launches of six replacement satellites strongly opposed a proposal to close any of With a 16 percent loss of accuracy at 72 hours were to start in 2009. But engineering dif- the National Weather Service’s 122 offices before landfall, the area expected to be under ficulties with the satellites’ cameras, bu- around the nation or have them operate part hurricane danger would rise from 197 miles reaucratic snags and other delays caused the time, saying ‘‘weather certainly doesh’t take to 228 miles, on the average. With a 10 per- cost of the project to skyrocket to $10 bil- a holiday.’’ cent loss of accuracy at 48 hours before land- lion—about 30 percent over budget—trig- Proenza took over one of meteorology’s fall, the average area under hurricane danger gering a Department of Defense review of the most highly visible posts in January. His would rise from 136 miles to 150 miles. project. Now, the earliest launch for the first predecessor, Max Mayfield, had held the top More communities being warned is not bet- replacement satellites would be 2012. spot for six years. ter. Greater inaccuracy will lead to many

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00295 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.237 S24MYPT1 bajohnson on PRODPC74 with SENATE S6872 CONGRESSIONAL RECORD — SENATE May 24, 2007 ‘‘false alarms.’’ If communities are evacu- In the last 3 months of 2006 alone, 32 it looks like we will have an above-av- ated multiple times, but do not suffer a di- people died from carbon monoxide poi- erage year for hurricane activity. I rect hit, people will stop responding to evac- soning caused by generators. These hope we are not back here at the end of uation mandates. There has been no assess- people died because portable genera- the year asking these same questions. ment of how the loss of forecasting accuracy I ask unanimous consent that the would impact deaths or damages from poten- tors are not manufactured to auto- tial storms all along the Gulf and Atlantic matically cut off when high carbon text in the bill be printed in the coasts. monoxide levels are reached, and be- RECORD. WHY HURRICANE HUNTER AIRCRAFT CANNOT cause generators still do not have ade- There being no objection, the text of REPLACE THE QUIKSCAT quate carbon monoxide warning labels. the bill was ordered to be printed in The valiant Hurricane Hunter aircraft, Here is what is especially troubling the RECORD, as follows: managed by the U.S. Air Force Reserves, are about these senseless deaths: the Con- S. 1510 important tools for assessing a developing sumer Product Safety Commission has Be it enacted by the Senate and House of Rep- storm. Hurricane Hunter pilots fly directly studied and known for years that peo- resentatives of the United States of America in into the storm and gather data along the ple were dying from carbon monoxide Congress assembled, flight path. The crafts have been provided poisoning at an incredibly alarming SECTION 1. SHORT TITLE. with ‘‘active microwave scatterometers,’’ rate. In study after study, Commission This Act may be cited as the ‘‘Portable technology similar to what is installed in Generator Safety Act of 2007’’. staff has recognized the high death rate the QuikSCAT. This technology, installed at SEC. 2. FINDINGS. a cost of $10 million, allows the aircraft to from portable generators, and found Congress finds the following: gather the same kind of data that the that current regulations are inad- (1) Portable generators are frequently used QuikSCAT collects. equate to protect consumers. In Janu- to provide electricity during temporary However, the Hurricane Hunter craft can- ary of this year, the Commission fi- power outages. These generators use fuel- not replace the QuikSCAT satellite. This is nally adopted warning label require- burning engines that emit carbon monoxide easiest to explain through analogy. Hurri- ments for portable generators, nearly gas in their exhaust. cane Katrina’s massive storm winds filled (2) In the last several years, hundreds of the entire Gulf of Mexico and the storm sys- 10 years after they started looking into the issue. While I appreciate this ini- people nationwide have been seriously in- tem towered miles into the atmosphere. jured or killed due to exposure to carbon Imagine that the whole area covered by such tial step, I remain very troubled that monoxide poisoning from portable genera- a massive storm is an extremely large fish- the Commission again refused to take tors. From 2000 through 2006, at least 260 car- ing pond. A single plane gathering data is the most logical step, adoption of man- bon monoxide poisoning deaths related to like a tiny fishing line collecting data only datory Federal safety standards. portable generator use were reported to the along the single strand of the line. The sat- Enough is enough. Industry self-regu- Consumer Product Safety Commission. In ellite, on the other hand, provides rich, de- lation, which works in some settings, the last three months of 2006 alone, 32 carbon tailed data horizontally from one side of the monoxide deaths were linked to generator storm to the other side, and vertically, from clearly is not working in this area. Congress must now step in and do its use. the ocean surface to the top of the storm’s (3) Virtually all of the serious injuries and swirling winds. The QuikSCAT is like a de- part to eliminate these tragic and deaths due to carbon monoxide from portable tailed MRI. avoidable deaths. generators were preventable. In many in- LOOKING FORWARD My bill, the Portable Generator Safe- stances, consumers simply were unaware of Designing and launching a replacement ty Act of 2007, takes some simple, com- the hazards posed by carbon monoxide. satellite for the aging QuikSCAT will take mon sense steps. The bill requires the (4) Since at least 1997, a priority of the from three to five years and cost approxi- Consumer Product Safety Commission Consumer Product Safety Commission has mately $375 million. No plans are currently to pass tough Federal regulations with- been to reduce injuries and deaths resulting in place to replace the satellite, but if it in 180 days of enactment of this bill. from carbon monoxide poisoning. stops functioning, we will face serious con- The new regulations would have three (5) On January 4, 2007, the Consumer Prod- uct Safety Commission adopted certain la- sequences. Dr. William M. Gray, storm fore- key components. caster, has predicted 17 named storms for beling standards for portable generators (sec- 2007, including nine hurricanes, with five of First, every portable generator would tion 1407 of title 16, Code of Federal Regula- them being intense. be required to have a sensor that auto- tions), but such standards do not go far matically shuts off the generator be- enough to reduce substantially the potential By Mr. NELSON of Florida: fore lethal levels of carbon monoxide harm to consumers. S. 1510. A bill require the Consumer are reached. Other products, such as (6) The issuance of mandatory safety Product Safety Commission to promul- portable heaters, already contain these standards and labeling requirements to warn gate consumer product safety rules types of sensors, and they save lives. consumers of the dangers associated with concerning the safety and labeling of Second, every portable generator portable generator carbon monoxide would reduce the risk of injury or death. portable generators; to the Committee must have clearly written warnings on SEC. 3. SAFETY STANDARD: REQUIRING EQUIP- on Commerce, Science, and Transpor- the packaging, in the instruction man- MENT OF PORTABLE GENERATORS tation. ual accompanying the generator, and WITH CARBON MONOXIDE INTER- Mr. NELSON of Florida. Mr. Presi- on the generator itself. In January, the LOCK SAFETY DEVICES. dent, over the last several years, hun- Consumer Product Safety Commission Not later than 180 days after the date of dreds of Americans have died from in- issued new regulations requiring place- the enactment of this Act, the Consumer Product Safety Commission shall promul- haling the poisonous carbon monoxide ment of warning labels on generators. gate consumer product safety rules, pursu- emitted by portable, gas-powered gen- Unfortunately, these labels are not as ant to section 7 of the Consumer Product erators. It is well past time for Con- clear as they should be. This bill will Safety Act (15 U.S.C. 2056), requiring, at a gress to step in and end these needless require clear, easy-to-read warnings minimum, that every portable generator sold deaths. That is why today I am intro- that consumers will read both when to the public for purposes other than resale ducing the Portable Generator Safety they purchase the generators and when shall be equipped with an interlock safety Act of 2007. they power them up in emergency situ- device that— As most of us know, portable genera- ations. (1) detects the level of carbon monoxide in tors are frequently used to provide Third, this legislation will require the areas surrounding such portable gener- ator; and electricity during temporary power the Consumer Product Safety Commis- (2) automatically turns off the portable outages. These generators use fuel- sion to carry out a comprehensive edu- generator before the level of carbon mon- burning engines that give off poisonous cation program warning the public of oxide reaches a level that would cause seri- carbon monoxide gas in their exhaust. the risks of carbon monoxide poi- ous bodily injury or death to people. Every hurricane season, news stories soning. SEC. 4. LABELING AND INSTRUCTION REQUIRE- come from Florida and elsewhere about How many more innocent people MENTS. people killed or seriously injured by must die before we require the Con- Not later than 180 days after the date of carbon monoxide poisoning caused by sumer Product Safety Commission and the enactment of this Act, the Consumer Product Safety Commission shall promul- portable generators. From 2000 through the portable generator industry to take gate consumer product safety rules, pursu- 2006, at least 260 carbon monoxide poi- some sensible, pro-consumer steps? The ant to section 7 of the Consumer Product soning deaths were reported to the U.S. National Hurricane Center just issued Safety Act (15 U.S.C. 2056), requiring, at a Consumer Product Safety Commission. its 2007 hurricane season forecast, and minimum, the following:

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00296 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.249 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6873 (1) WARNING LABELS.—Each portable gener- largest sources of low-cost renewable S. 1511 ator sold to the public for purposes other energy in the United States by uti- Be it enacted by the Senate and House of Rep- than resale shall have a large, prominently lizing the power generated by waves in resentatives of the United States of America in displayed warning label in both English and our oceans and major rivers, as well as Congress assembled, Spanish on the exterior packaging, if any, of tidal, current, and thermal power to SECTION 1. SHORT TITLE. the portable generator and permanently af- This Act may be cited as the ‘‘Marine and fixed on the portable generator regarding the generate turbine-powered electricity. Hydrokinetic Renewable Energy Promotion carbon monoxide hazard posed by incorrect As we look at ways to increase our re- Act of 2007’’. use of the portable generator. The warning newable energy portfolio as a Nation, SEC. 2. DEFINITION. label shall include the word ‘‘DANGER’’ and decrease our dependence on oil, we For purposes of this Act, the term ‘‘marine printed in a large font that is no smaller would be remiss if we did not fully re- and hydrokinetic renewable energy’’ means than 1 inch tall, and shall include the fol- search and utilize the power that could electrical energy from— lowing information, at a minimum, pre- be harnessed through water resources. (1) waves, tides, and currents in oceans, es- sented in a clear manner: tuaries, and tidal areas; (A) Indoor use of a portable generator can I am acutely aware of this need in Ha- waii, as we are an island State with fi- (2) free flowing water in rivers, lakes, and kill quickly. streams; (B) Portable generators should be used out- nite natural resources, and who under- (3) free flowing water in man-made chan- doors only and away from garages and open stand the necessity of environmentally nels, including projects that utilize non- windows. friendly solutions to our energy prob- mechanical structures to accelerate the flow (C) Portable generators produce carbon lems. The ocean sits at our doorstep, of water for electric power production pur- monoxide, a poisonous gas that people can- providing us with sustenance in many poses; and not see or smell. different forms. To ignore the potential (4) differentials in ocean temperature (2) PICTOGRAM.—Each portable generator it can offer as a major source of renew- (ocean thermal energy conversion). sold to the public for purposes other than re- The term shall not include energy from any sale shall have a large pictogram, affixed to able clean energy, not only in Hawaii, but for our entire country, would be a source that utilizes a dam, diversionary the portable generator, which clearly states structure, or impoundment for electric ‘‘POISONOUS GAS’’ and visually depicts the waste. power purposes, except as provided in para- harmful effects of breathing carbon mon- While the Energy Policy Act of 2005 graph (3). oxide. qualified ocean energy for research as- SEC. 3. RESEARCH AND DEVELOPMENT. (3) INSTRUCTION MANUAL.—The instruction (a) PROGRAM.—The Secretary of Energy, in manual, if any, that accompanies any port- sistance, grants and the federal pur- consultation with the Secretary of Com- able generator sold to the public for purposes chase credit, various forms of ocean en- merce and the Secretary of the Interior, other than resale shall include detailed, ergy projects have yet to receive equi- shall establish a program of marine and clear, and conspicuous statements that in- table funding. hydrokinetic renewable energy research fo- clude the following elements: According to the Electric Power Re- cused on— (A) A warning that portable generators search Institute, ocean energy has the (1) developing and demonstrating marine emit carbon monoxide, a poisonous gas that and hydrokinetic renewable energy tech- can kill people. potential to generate 252 million mega- nologies; (B) A warning that people cannot smell, watt hours of electricity. This rep- (2) reducing the manufacturing and oper- see, or taste carbon monoxide. resents 6.5 percent of today’s entire en- ation costs of marine and hydrokinetic re- (C) An instruction to operate portable gen- ergy portfolio. European nations, such newable energy technologies; erators only outdoors and away from win- as Portugal and Scotland, have suc- (3) increasing the reliability and surviv- dows, garages, and air intakes. cessfully implemented commercial ability of marine and hydrokinetic renew- (D) An instruction never to operate port- wave farms that are consistently pro- able energy facilities; able generators inside homes, garages, sheds, ducing clean power for consumer use. (4) integrating marine and hydrokinetic re- or other semi-enclosed spaces, even if a per- newable energy into electric grids; son runs a fan or opens doors and windows. While the technology is not developed (5) identifying opportunities for cross fer- (E) A warning that if a person begins to to the fullest, there is great potential. tilization and development of economies of feel sick, dizzy, or weak while using a port- However, ocean energy projects do scale between offshore wind and marine and able generator, that person should shut off not enjoy a production tax credit, an hydrokinetic renewable energy sources; the portable generator, get to fresh air im- investment tax credit, or any other fi- (6) identifying, in consultation with the mediately, and consult a doctor. nancial incentive currently being uti- Secretary of Commerce and the Secretary of SEC. 5. PUBLIC OUTREACH. lized by wind, solar, geothermal, bio- the Interior, the environmental impacts of (a) IN GENERAL.—Not later than 180 days marine and hydrokinetic renewable energy after the date of the enactment of this Act, mass and other renewable energy re- sources. technologies and ways to address adverse im- the Consumer Product Safety Commission pacts, and providing public information con- shall establish a program of public outreach This bill levels the playing field al- cerning technologies and other means avail- to inform consumers of the dangers associ- lowing ocean energy projects to be eli- able for monitoring and determining envi- ated with the emission of carbon monoxide gible for the financial and tax incen- ronmental impacts; and from portable generators. tives that other renewable technologies (7) standards development, demonstration, (b) TIME.—The program required by sub- and technology transfer for advanced sys- section (a) shall place emphasis on informing receive. This will allow ocean energy projects to compete equitably in the tems engineering and system integration consumers of the dangers described in such methods to identify critical interfaces. subsection during the start of each hurricane future with other forms of renewable (b) AUTHORIZATION OF APPROPRIATIONS.— season. energy. There are authorized to be appropriated to In order to work toward reducing the Secretary of Energy for carrying out this By Mr. AKAKA (for himself, Ms. greenhouse gas emissions and our de- section $50,000,000 for each of the fiscal years MURKOWSKI, and Ms. SNOWE): pendence on fossil fuels, we must do all 2008 through 2017. S. 1511. A bill to promote the develop- that we can to encourage the develop- SEC. 4. ADAPTIVE MANAGEMENT AND ENVIRON- ment and use of marine and MENTAL FUND. ment and production of many different hydrokinetic renewable energy tech- (a) FINDINGS.—The Congress finds that— renewable energy technologies, such as nologies, and for other purposes; to the (1) the use of marine and hydrokinetic re- ocean, wind, geothermal, biomass, eth- Committee on Finance. newable energy technologies can avoid con- anol, and others. Achieving our goals tributions to global warming gases, and such Mr. AKAKA. Mr. President, today I will only be possible if we approach the technologies can be produced domestically; introduce legislation that will create problem from many angles, and to- (2) marine and hydrokinetic renewable en- opportunities in the development and gether, we will make an impact. I en- ergy is a nascent industry; and use of marine and hydrokinetic renew- courage my colleagues to support this (3) the United States must work to pro- able energy technologies. I want to mote new renewable energy technologies measure. thank my colleagues Senator MUR- that reduce contributions to global warming KOWSKI and Senator SNOWE for cospon- I ask unanimous consent that the gases and improve our country’s domestic soring this measure. text of the bill be printed in the energy production in a manner that is con- We must work to encourage the pro- RECORD. sistent with environmental protection, recreation, and other public values. duction of clean, nongreenhouse gas There being no objection, the text of (b) ESTABLISHMENT.—The Secretary of En- emitting renewable energy. Ocean en- the bill was ordered to be printed in ergy shall establish an Adaptive Manage- ergy has the potential to be one of the the RECORD, as follows: ment and Environmental Fund, and shall

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00297 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.238 S24MYPT1 bajohnson on PRODPC74 with SENATE S6874 CONGRESSIONAL RECORD — SENATE May 24, 2007 lend amounts from that fund to entities de- water quality, navigation, public safety, land ‘‘(iv) differentials in ocean temperature scribed in subsection (f) to cover the costs of reservations, or recreation, as required or (ocean thermal energy conversion). projects that produce marine and recommended by governmental agencies de- ‘‘(B) EXCEPTIONS.—Such term shall not in- hydrokinetic renewable energy. Such costs scribed in paragraph (1), and shall require clude any energy which is— include design, fabrication, deployment, op- monitoring to ensure that these objectives ‘‘(i) described in subparagraphs (A) through eration, monitoring, and decommissioning are met; (H) of paragraph (1), or costs. Loans under this section may be sub- (3) provide specifically for the modification ‘‘(ii) derived from any source that utilizes ordinate to project-related loans provided by or, if necessary, removal of the marine or a dam, diversionary structure, or impound- commercial lending institutions to the ex- hydrokinetic renewable energy project based ment for electric power production purposes, tent the Secretary of Energy considers ap- on findings by the licensing or permitting except as provided in subparagraph (A)(iii).’’. propriate. agency that the marine or hydrokinetic re- (b) DEFINITION OF FACILITY.—Subsection (d) (c) REASONABLE ACCESS.—As a condition of newable energy project has not attained or of section 45 of such Code (relating to quali- receiving a loan under this section, a recipi- will not attain the specific and measurable fied facilities) is amended by adding at the ent shall provide reasonable access, to Fed- objectives set forth in paragraph (2); and end the following new paragraph: eral or State agencies and other research in- (4) be approved and incorporated in the ‘‘(11) MARINE AND HYDROKINETIC RENEWABLE stitutions as the Secretary considers appro- Federal license or permit. ENERGY FACILITIES.—In the case of a facility priate, to the project area and facilities for (g) SUNSET.—The Secretary of Energy shall producing electricity from marine and the purposes of independent environmental transmit a report to the Congress when the hydrokinetic renewable energy, the term research. Secretary of Energy determines that the ‘qualified facility’ means any facility owned (d) PUBLIC AVAILABILITY.—The results of technologies supported under this Act have by the taxpayer which is originally placed in any assessment or demonstration paid for, in achieved a level of maturity sufficient to en- service after the date of the enactment of whole or in part, with funds provided under able the expiration of the programs under this paragraph and before January 1, 2009.’’. this section shall be made available to the this Act. The Secretary of Energy shall not (c) EFFECTIVE DATE.—The amendments public, except to the extent that they con- make any new loans under this section after made by this section shall apply to elec- tain information that is protected from dis- the report is transmitted under this sub- tricity produced and sold after the date of closure under section 552(b) of title 5, United section. the enactment of this Act, in taxable years States Code. SEC. 5. PROGRAMMATIC ENVIRONMENTAL IM- ending after such date. (e) REPAYMENT OF LOANS.— PACT STATEMENT. SEC. 7. INVESTMENT CREDIT AND 5-YEAR DEPRE- (1) IN GENERAL.—The Secretary of Energy The Secretary of Commerce and the Sec- CIATION FOR EQUIPMENT WHICH shall require a recipient of a loan under this retary of the Interior shall, in cooperation PRODUCES ELECTRICITY FROM MA- section to repay the loan, plus interest at a with the Federal Energy Regulatory Com- RINE AND HYDROKINETIC RENEW- rate of 2.1 percent per year, over a period not mission and the Secretary of Energy, and in ABLE ENERGY. to exceed 20 years, beginning after the com- consultation with appropriate State agen- (a) IN GENERAL.—Subparagraph (A) of sec- mercial generation of electric power from cies, jointly prepare programmatic environ- tion 48(a)(3) of the Internal Revenue Code of the project commences. Such repayment mental impact statements which contain all 1986 (relating to energy property) is amend- shall be required at a rate that takes into ac- the elements of an environmental impact ed— count the economic viability of the loan re- statement under section 102 of the National (1) by striking ‘‘or’’ at the end of clause cipient and ensures regular and timely re- Environmental Policy Act of 1969 (42 U.S.C. (iii), payment of the loan. 4332), regarding the impacts of the deploy- (2) by inserting ‘‘or’’ at the end of clause (iv), and (2) BEGINNING OF REPAYMENT PERIOD.—No ment of marine and hydrokinetic renewable repayments shall be required under this sub- energy technologies in the navigable waters (3) by adding at the end the following new section until after the project generates net of the United States. One programmatic en- clause: proceeds. For purposes of this paragraph, the vironmental impact statement shall be pre- ‘‘(v) equipment which uses marine and term ‘‘net proceeds’’ means proceeds from pared under this section for each of the Envi- hydrokinetic renewable energy (as defined in the commercial sale of electricity after pay- ronmental Protection Agency regions of the section 45(c)(10)) but only with respect to pe- ment of project-related costs, including United States. The agencies shall issue the riods ending before January 1, 2018,’’. programmatic environmental impact state- (b) 30 PERCENT CREDIT.—Clause (i) of sec- taxes and regulatory fees that have not been ments under this section not later than 18 tion 48(a)(2)(A) of such Code (relating to 30 paid using funds from a loan provided for the months after the date of enactment of this percent credit) is amended— project under this section. Act. The programmatic environmental im- (1) by striking ‘‘and’’ at the end of sub- (3) TERMINATION.—Repayment of a loan pact statements shall evaluate among other clause (II), and made under this section shall terminate as of things the potential impacts of site selection (2) by adding at the end the following new the date that the project for which the loan on fish and wildlife and related habitat. subclause: was provided ceases commercial generation Nothing in this section shall operate to ‘‘(IV) energy property described in para- of electricity if a governmental permitting delay consideration of any application for a graph (3)(A)(v), and’’. authority has ordered the closure of the fa- license or permit for a marine and (c) CREDITS ALLOWED FOR INVESTMENT AND cility because of a finding that the project hydrokinetic renewable energy technology PRODUCTION.—Paragraph (3) of section 48(a) has unacceptable adverse environmental im- project. of such Code (relating to energy property) is pacts, except that the Secretary shall re- SEC. 6. PRODUCTION CREDIT FOR ELECTRICITY amended by inserting ‘‘(other than property quire a loan recipient to continue making PRODUCED FROM MARINE RENEW- described in subparagraph (A)(v))’’ after loan repayments for the cost of equipment, ABLES. ‘‘any property’’ in the last sentence thereof. obtained using funds from the loan that have (a) IN GENERAL.—Subsection (c) of section (d) DENIAL OF DUAL BENEFIT.—Paragraph not otherwise been repaid under rules estab- 45 of the Internal Revenue Code of 1986 (re- (9) of section 45(e) of such Code (relating to lished by the Secretary, that is utilized in a lating to resources) is amended— coordination with credit for producing fuel subsequent project for the commercial gen- (1) in paragraph (1)— from a nonconventional source) is amended— eration of electricity. (A) by striking ‘‘and’’ at the end of sub- (1) in subparagraph (A), by striking ‘‘shall (f) ADAPTIVE MANAGEMENT PLAN.—In order paragraph (G), not include’’ and all that follows and insert- to receive a loan under this section, an appli- (B) by striking the period at the end of ing ‘‘shall not include— cant for a Federal license or permit to con- subparagraph (H) and inserting ‘‘, and’’, and ‘‘(i) any facility which produces electricity struct, operate, or maintain a marine or (C) by adding at the end the following new from gas derived from the biodegradation of hydrokinetic renewable energy project shall subparagraph: municipal solid waste if such biodegradation provide to the Federal agency with primary ‘‘(I) marine and hydrokinetic renewable occurred in a facility (within the meaning of jurisdiction to issue such license or permit energy.’’, and section 45K) the production from which is al- an adaptive management plan for the pro- (2) by adding at the end the following new lowed as a credit under section 45K for the posed project. Such plan shall— paragraph: taxable year or any prior taxable year, or (1) be prepared in consultation with other ‘‘(10) MARINE AND HYDROKINETIC RENEWABLE ‘‘(ii) any marine and hydrokinetic facility parties to the permitting or licensing pro- ENERGY.— for which a credit is claimed by the taxpayer ceeding, including all Federal, State, munic- ‘‘(A) IN GENERAL.—The term ‘marine and under section 48 for the taxable year.’’, and ipal, and tribal agencies with authority hydrokinetic renewable energy’ means en- (2) in the header— under applicable Federal law to require or ergy derived from— (A) by striking ‘‘CREDIT’’ and inserting recommend design or operating conditions, ‘‘(i) waves, tides, and currents in oceans, ‘‘CREDITS’’, and for protection, mitigation, and enhancement estuaries, and tidal areas, (B) by inserting ‘‘AND INVESTMENT IN MA- of fish and wildlife resources, water quality, ‘‘(ii) free flowing water in rivers, lakes, and RINE AND HYDROKINETIC RENEWABLE ENERGY’’ navigation, public safety, land reservations, streams, after ‘‘NONCONVENTIONAL SOURCE’’. or recreation, for incorporation into the per- ‘‘(iii) free flowing water in man-made (e) EFFECTIVE DATE.—The amendments mit or license; channels, including projects that utilize non- made by this section shall apply to property (2) set forth specific and measurable objec- mechanical structures to accelerate the flow placed in service after the date of the enact- tives for the protection, mitigation, and en- of water for electric power production pur- ment of this Act, in taxable years ending hancement of fish and wildlife resources, poses, or after such date.

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00298 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.251 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6875 By Mr. OBAMA: S. 1514. A bill to revise and extend college-aged students. Lastly, it cre- S. 1513. A bill to amend the Higher provisions under the Garrett Lee ated a new inter-agency collaboration Education Act of 1965 to authorize Smith Memorial Act; to the Com- to focus on policy development and the grant programs to enhance the access mittee on Health, Education, Labor, dissemination of data specifically per- of low-income African-American stu- and Pensions. taining to youth suicide. I am pleased dents to higher education; to the Com- Mr. DODD. Mr. President, I rise to to say that to date, 29 States, 7 tribes, mittee on Health, Education, Labor, speak on a bill I am introducing with and 55 colleges and universities have and Pensions. my colleagues, Senator SMITH and Sen- benefitted from $63.4 million in re- Mr. OBAMA. Mr. President, as a col- ator REED. The bill is a reauthorization sources to increase their services to lege education becomes ever more im- of the Garrett Lee Smith Memorial youth, provided by the Garrett Lee perative for economic success, both for Act, a landmark legislation enacted Smith Memorial Act. individual citizens and for our Nation, nearly three years ago that signifi- The bill we introduce today seeks to a growing number of African-American cantly strengthened our commitment continue the good work started by the students enroll in colleges whose mis- as a Nation to reduce the public and initial legislation. First, it authorizes sion includes a focus on educating mi- mental health tragedy of youth sui- $210 million over 5 years for continued nority students. And, over the years, cide. I would like to take a moment to development and expansion of state- Congress has acknowledged the impor- thank my colleagues who joined me in wide youth suicide prevention and tant role of similar institutions, recog- this effort, particularly Senator SMITH. early intervention strategies. Second, nizing for example, Historically Black We all know the personal tragedy Sen- it authorizes $31 million over 5 years to Colleges and Universities, and Hispanic ator SMITH, his wife, Sharon, and their continue assisting college campuses Serving Institutions, by establishing family suffered when their son and meet the needs of their students. And grant programs to support their mis- brother, Garrett, took his life over 3 third, it authorizes $25 million over 5 sions. Today, I am introducing legisla- years ago. Since that time, Senator years to continue the vital research on tion to recognize the importance of SMITH and Sharon have become tireless suicide prevention for all age groups Predominantly Black Institutions as advocates in advancing the cause of being conducted by the Suicide Preven- an essential component of the Amer- youth suicide prevention, and their tion Technical Assistance Center. ican system of higher education. work should be commended. I continue to believe that finding The Predominantly Black Institution Three years after this important leg- concrete, comprehensive and effective designation recognizes urban and rural islation became law, suicide among our remedies to the epidemic of youth sui- colleges, many of which are 2-year Nation’s young people remains an cide cannot be done by lawmakers on community or technical colleges, acute crisis that knows no geographic, Capitol Hill alone. Those remedies which serve a large proportion of Afri- racial, ethnic, cultural, or socio- must also come from individuals, doc- can-American students, most of whom economic boundaries. Each year, al- tors, psychiatrists, psychologists, are the first in their families to attend most 3,000 young people take their counselors, nurses, teachers, advocates, college, and most of whom receive fi- lives, making suicide the third overall survivors, and affected families, who nancial aid. These students have al- cause of death between the ages of 10 are dedicated to this issue or spend ready beaten the odds to progress this and 24. Young people under the age of each day with children and young far, and it is fitting that we offer some 25 account for 15 percent of all suicides adults that suffer from illnesses related to suicide. Despite the goals we have support to the institutions they attend, completed. In fact, more children and achieved with the Garrett Lee Smith to ensure that the education they re- young adults die from their own hand Memorial Act, I believe that our work ceive is worthy of their efforts. than from cancer, heart disease, AIDS, is not done. I hope that, as a society, Whereas Predominantly Black Insti- birth defects, stroke and chronic lung we can continue working collectively tutions and Historically Black Colleges disease combined. both to understand better the tragedy and Universities both serve African- Equally alarming are the numbers of of youth suicide and develop innovative American students, they differ in ways young people who consider taking or and effective public and mental health that necessitate this legislation. His- attempt to take their lives. Centers for initiatives that reach every child and torically Black Colleges and Univer- Disease Control and Prevention figures young adult in this country—compas- sities are not required to serve needy estimate that almost 3 million high sionate initiatives that give them en- students, whereas Predominantly school students, or 20 percent of young couragement, hope, and above all, life. Black Institution must serve at least adults between the ages of 15 and 19, consider suicide every year. Further- I ask unanimous consent that the 50 percent low-income or first-genera- text of the bill be printed in the more, over 2 million children and tion college students. Historically RECORD. young adults actually attempt suicide Black Colleges and Universities, by There being no objection, the text of definition, were established prior to each year. Seventy percent of people the bill was ordered to be printed in who die by suicide tell someone about 1964, whereas PBIs are of more recent the RECORD, as follows: it in advance. Yet, tragically, few of origin. S. 1514 these young people do not receive ap- Approximately 75 institutions, and Be it enacted by the Senate and House of Rep- more than a quarter of a million stu- propriate intervention services before resentatives of the United States of America in dents, would benefit from grants it’s too late. Congress assembled, awarded as a result of the Predomi- When it was enacted into law, the SECTION 1. SHORT TITLE. nantly Black Institution designation. Garrett Lee Smith Memorial Act be- This Act may be cited as the ‘‘Garrett Lee Grants could be used for a variety of came the first legislation specifically Smith Memorial Act Reauthorization of purposes, from acquiring laboratory designed to prevent youth suicide. The 2007’’. equipment to supporting teacher edu- legislation established a new grant ini- SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. cation to establishing community out- tiative for the further development and expansion of youth suicide early inter- (a) INTERAGENCY RESEARCH, TRAINING, AND reach programs for pre-college stu- TECHNICAL ASSISTANCE CENTERS.—Section dents. vention and prevention strategies and 520C of the Public Health Service Act (42 Legislation to establish Predomi- the community-based services they U.S.C. 290bb-34) is amended— nantly Black Institutions was intro- seek to coordinate. It additionally au- (1) in subsection (d)— duced last year by my good friend from thorized a dedicated technical assist- (A) in paragraph (1), by striking ‘‘youth Illinois, Congressman DANNY DAVIS. I ance center to assist States, localities, suicide early intervention and prevention urge my Senate colleagues to consider tribes, and community service pro- strategies’’ and inserting ‘‘suicide early intervention and prevention strategies for the needs of these students, to support viders with the planning, implementa- tion, and evaluation of these strategies all ages, particularly for youth’’; their colleges and universities, and to (B) in paragraph (2), by striking ‘‘youth join me in this effort. and services. It also established a new suicide early intervention and prevention grant initiative to enhance and im- strategies’’ and inserting ‘‘suicide early By Mr. DODD (for himself, Mr. prove early intervention and preven- intervention and prevention strategies for SMITH, and Mr. REED): tion services specifically designed for all ages, particularly for youth’’;

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00299 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.093 S24MYPT1 bajohnson on PRODPC74 with SENATE S6876 CONGRESSIONAL RECORD — SENATE May 24, 2007 (C) in paragraph (3)— overwhelming support. I remain thank- each year, more than 4,000 youth aged (i) by striking ‘‘youth’’; and ful for their wisdom and support of the 15 to 24 die by suicide. From this num- (ii) by inserting before the semicolon the important programs this Act created ber we know that since Garrett’s death following: ‘‘for all ages, particularly for that focused on youth suicide preven- more than 14,000 young people have youth’’; lost their lives to suicide. Too many (D) in paragraph (4), by striking ‘‘youth tion. suicide’’ and inserting ‘‘suicide for all ages, As I said in 2004, this Act represents young lives have been lost and con- particularly among youth’’; the best of American Government, an tinue to be lost. (E) in paragraph (5), by striking ‘‘youth opportunity when our Nation’s elected While we can always do more, this suicide early intervention techniques and officials can come together, put aside Act has taken that first, significant technology’’ and inserting ‘‘suicide early their political parties and politics, to step toward creating and funding an or- intervention techniques and technology for debate and pass legislation. During the ganized effort at the Federal, State and all ages, particularly for youth’’; last 3 years, this effort has resulted in local levels to prevent and intervene (F) in paragraph (7)— nearly $65 million in suicide prevention when youth are at risk for mental and (i) by striking ‘‘youth’’; and and intervention funding to States, behavioral conditions that can lead to (ii) by inserting ‘‘for all ages, particularly suicide. The loss of a life to suicide at for youth,’’ after ‘‘strategies’’; and tribes, and on our Nation’s higher edu- (G) in paragraph (8)— cation institutions. any age is sad and traumatic, but when (i) by striking ‘‘youth suicide’’ each place I also want to recognize and thank it happens to someone who has just that such appears and inserting ‘‘suicide’’; my colleagues who have championed begun their life, has just begun to ful- and this cause for a great many years Sen- fill their potential the impact somehow (ii) by striking ‘‘in youth’’ and inserting ator DODD, Senator JACK REED, Sen- seems harsher, sadder and more pro- ‘‘among all ages, particularly among youth’’; ator HARRY REID AND SENATOR KEN- nounced. and Once signed into law, this bill will NEDY your work to raise awareness (2) in subsection (e)— authorize $210 million in new funding about youth suicide has been signifi- (A) in paragraph (1), by striking over 5 years to further support States cant and for that I thank you. I also ‘‘$4,000,000’’ and all that follows through the and Native American tribes in building would like to thank Representative period and inserting ‘‘$4,000,000 for fiscal systems of State-wide early interven- year 2008, and such sums as may be necessary PATRICK KENNEDY for his support on tion and prevention strategies. This for each of fiscal years 2009 through 2012.’’; this and so many other issues affecting and bill will continue the current practice persons with mental illness. I look for- of ensuring that 85 percent of funding (B) in paragraph (2), by striking ward to continuing to work with all of ‘‘$3,000,000’’ and all that follows through the will be provided to entities focused on period and inserting ‘‘$5,000,000 for each of you to ensure passage of this reauthor- identifying and preventing suicide at fiscal years 2008 through 2012.’’. ization bill. the State and community level. Since As most of you know, I came to be a (b) YOUTH SUICIDE EARLY INTERVENTION the Garrett Lee Smith Memorial Act AND REVENTION TRATEGIES champion of this issue not because I P S .—Section 520E was signed into law in 2004, 29-States of the Public Health Service Act (42 U.S.C. volunteered for it, but because I suf- and seven tribes have received grants 290bb-36) is amended— fered for it. In September of 2003, Shar- (1) in subsection (b), by striking paragraph to help them plan for and implement on and I lost our son Garrett Lee youth suicide prevention strategies. (2) and inserting the following: Smith to suicide. While Sharon and I ‘‘(2) LIMITATION.—In carrying out this sec- The new and higher funding level will tion, the Secretary shall ensure that a State think about Garrett every day and allow States that have never received a does not receive more than one grant or co- mourn his loss, we take solace in the grant to receive funding. It also will operative agreement under this section at time we had with him, and have com- allow States that have received grants any one time. For purposes of the preceding mitted ourselves to preserving his in the past to expand their efforts to sentences, a State shall be considered to memory by helping others. include more geographic areas and have received a grant or cooperative agree- Sharon and I adopted Garrett a few youth populations. ment if the eligible entity involved is the days after his birth. He was such a State or an entity designated by the State In my home State of Oregon, which handsome baby boy. He was unusually has been especially active and forward- under paragraph (1)(B). Nothing in this para- happy and playful, and he also was es- graph shall be construed to apply to entities thinking in combating youth suicide, described in paragraph (1)(C).’’; and pecially thoughtful of everyone around the Department of Human Services has (2) by striking subsection (m) and inserting him as he grew older. His exuberance been working in a number of counties the following: for life, however, began to dim in his throughout the State to increase refer- ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— elementary years. He struggled to rals so care is available when needed, For the purpose of carrying out this section, spell. His reading and writing were establish linkages to care and improve there are authorized to be appropriated stuck in the rudiments. We had him $34,000,000 for fiscal year 2008, $38,000,000 for knowledge among clinicians, crisis re- fiscal year 2009, $42,000,000 for fiscal year tested and were surprised to learn that sponse workers, school staff, youth and 2010, $46,000,000 for fiscal year 2011, and he had an unusually high IQ, but strug- lay persons related to youth who are $50,000,000 for fiscal year 2012.’’. gled with a severe overlay of learning at-risk. The Native American Rehabili- (c) MENTAL AND BEHAVIORAL HEALTH SERV- disabilities, including dyslexia. tation Association of the Northwest, ICES ON CAMPUS.—Section 520E-2(h) of the However, it would be years later that Inc. also has implemented the Native Public Health Service Act (42 U.S.C. 290bb- we learned of the greatest challenge to Youth Prevention Project, which 36b(h)) is amended by striking ‘‘$5,000,000 for face Garrett, his diagnosis of bi-polar serves nine tribes and tribal confed- fiscal year 2005’’ and all that follows through disorder. Bipolar disorder, also known the period and inserting ‘‘$5,400,000 for fiscal erations in Oregon where American In- year 2008, $5,800,000 for fiscal year 2009, as manic-depressive illness, is a brain dian youth have the highest suicide $6,200,000 for fiscal year 2010, $6,600,000 for fis- disorder that causes unusual shifts in a rate in the State. Programs such as cal year 2011, and $7,000,000 for fiscal year person’s mood, energy and ability to these can be important catalysts for 2012.’’. function. Different from the normal change across the Nation and we must Mr. SMITH. Mr. President, today, I ups and downs of life that everyone continue to support them. rise with my colleagues Senator DODD goes through, the symptoms of bipolar The bill also reauthorizes a Suicide and Senator REED to introduce an im- disorder are severe. As his parents, we Prevention Resource Center, which portant bill for our youth, the Garrett knew how long and how desperately provides technical assistance to States Lee Smith Memorial Act Reauthoriza- Garrett had suffered from his condi- and local grantees to ensure that they tion of 2007. Nearly 3 years ago, the tion. Yet, tragically, over three years are able to implement their State-wide Senate first passed this Act with 39 co- ago Garrett reached a point where his early intervention and prevention sponsors. At that time, we heard an illness took over and he could no strategy. It also collects data related outpouring of support and sharing from longer fight. to the programs, evaluates the effec- other members of the Senate who have In his memory, I have committed tiveness of the programs, and identifies lost members of their families. On Sep- myself to helping prevent other fami- and distributes best practices. Sharing tember 9, 2004, my son Garrett’s birth- lies from experiencing the tremendous technical data and program best prac- day, the House and Senate passed the pain that comes with the loss of a tices is necessary to ensure that Fed- Garrett Lee Smith Memorial Act with loved-one to suicide. We know that eral funding is being utilized in the

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00300 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.239 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6877 best manner possible and that informa- school clinics, individual State domes- and Referral Project. The bill designs a tion is being circulated among partici- tic violence coalitions, legal services, pilot program to implement the volun- pants. The Center will receive $25 mil- and private attorneys. But there are teer attorney network in five diverse lion over 5 years for these purposes. obvious gaps and simply not enough States. The Office on Violence Against Since 2004, the Center has done great lawyers for victims and their myriad Women in the Department of Justice work to support the grantees under legal needs due to the abuse, including will administer these monies to quali- this Act as well as push forward broad- protection orders, divorce and child fied statewide legal coordinators to er science-to-service efforts to combat custody, immigration adjustments, and help them connect with the ABA Com- youth suicide. bankruptcy declarations. Experts esti- mission on Domestic Violence, the Na- Finally, the bill will provide $31 mil- mate that current legal services serve tional Domestic Violence Hotline, and lion over 5 years to continue the col- about 170,000 low-income domestic vio- the volunteer lawyers. After a success- leges and universities grant program. lence victims each year and yet, there ful stint in five States, the bill will This program works to establish men- are at least 1 million victims each rollout the program nationally. tal health programs or enhance exist- year. At best then, less than 1 out of 5 Fourth, the measure establishes a ing mental health programs focused on low-income victims ever see a lawyer. Domestic Violence Legal Advisory increasing access to and enhancing the I believe there is a wealth of un- Task Force to monitor the program range of mental and behavioral health tapped resources in this country, law- and make recommendations. services for students. Entering college yers who want to volunteer. My Na- Fifth, the bill mandates the General can be one of the most disruptive and tional Domestic Violence Volunteer Accounting Office to study each State demanding times in a young person’s Act would harness the skills, enthu- and assess the scope and quality of life, but for persons with a mental ill- siasm and dedication of these lawyers legal services available to battered ness the changes can become over- and infuse 100,000 new volunteer law- women and report back to Congress whelming. Loss of their parental sup- yers into the justice system to rep- within a year. A terrific roundtable of groups re- port system, and lack of a familiar and resent domestic violence victims. We viewed and contributed to this legisla- easily accessed health care providers should make it as smooth and simple tion, including the National Network often can become too much of a burden for volunteer lawyers. My bill creates a to End Domestic Violence, the Legal to bear. We must ensure programs are streamlined, organized and national Resource Center for Violence Against in place to help them overcome these system to connect lawyers to clients. Women, the National Coalition Against challenges. I can’t overemphasize the importance Domestic Violence, the National Coun- So far, 55 colleges and universities of having a lawyer standing shoulder- cil of Juvenile and Family Court have received grants through the Gar- to-shoulder with a victim as she navi- Judges, the American Bar Association, rett Lee Smith Memorial Act, includ- gates the system. We must match a WomensLaw.org, the National Domes- ing two in my home State, helping willing lawyer to a victim as soon as tic Violence Hotline, the Legal Serv- the victim calls the Hotline, walks into countless students. However, with ices Corporation, the American Pros- a courtroom or involves the police. It more than 4,000 degree-granting insti- ecutors Research Institute, National is at that crucial moment a victim tutions in the United States, there are Legal Aid and Defenders Association, needs to feel support, and if she many more campuses that will be National Center for State Courts, Na- helped by this reauthorization. doesn’t, she may retreat back into the tional Association for Attorneys Gen- I am pleased to be a champion of this abuse. eral, Battered Women’s Justice To enlist, train and place volunteer cause and this bill and hope my col- Project, National Association of lawyers, my bill creates a new, elec- leagues will join me in supporting its Women Judges, National Association of tronic National Domestic Violence At- passage. Women Lawyers, National Crime Vic- torney Network and Referral Project By Mr. BIDEN (for himself and tim Bar Association and National Cen- that will be administered by the Amer- ter for the Victims of Crime. Mr. SPECTER): ican Bar Association Commission on I want to end today with a story S. 1515. A bill to establish a domestic Domestic Violence. about an American hero, a woman who violence volunteer attorney network to There are five components of my leg- has been to hell and back and now is a represent domestic violence victims; to islation. tremendous advocate for domestic vio- the Committee on the Judiciary. First, it creates a National Domestic lence victims, Yvette Cade. I want to Mr. BIDEN. Mr. President, today I Violence Volunteer Attorney Network tell it to you because I think it serves am introducing with my good friend Referral Project to be managed by the as such a powerful message about why from Pennsylvania, Senator SPECTER, American Bar Association Commission battered women should have legal as- an innovative bill that will help the on Domestic Violence. With $2 million sistance. lives of domestic violence victims. of new Federal funding each year, the Yvette Cade, a Maryland resident, Sadly, domestic violence remains a re- American Bar Association Commission was doused with gasoline and set on ality for one out of four women in our on Dometic Violence will solicit for fire by her estranged husband while she country. Experts agree a pivotal factor volunteer lawyers and then create and was at work. Half of her upper body, in- to ending domestic violence is mean- maintain an electronic network. It will cluding her entire face, suffered third- ingful access to the justice system. Re- provide appropriate mentoring, train- degree burns, the most serious level. cent academic research finds that in- ing and technical assistance to volun- Just three weeks before the attack, a creased provision of legal services is teer lawyers. And it will establish and judge dismissed the protective order ‘‘one likely significant factor in ex- maintain a point of contact in each Yvette had against her husband, de- plaining the decline [of domestic vio- State, a statewide legal coordinator, to spite her protests that he was violent. lence] . . . Because legal services help help match willing lawyers to victims. At the hearing in which the judge dis- women with practical matters such as Second, it enlists the National Do- missed Cade’s protective order, the protective orders, custody, and child mestic Violence Hotline and Internet judge told Cade he could not be her ad- support they appear to actually sources to provide legal referrals. The vocate, only the ‘‘umpire.’’ Cade told present women with real, longterm al- bill will help the National Domestic him that she no longer wanted to be ternatives to their relationships.’’ Violence Hotline to update their sys- married to her abusive husband. The Stopping the violence hinges on a vic- tem and train advocates on how to pro- judge replied, ‘‘well, then get a lawyer, tim’s ability to obtain effective protec- vide legal referrals to callers in coordi- and get a divorce. That’s all you have tion orders, initiate separation pro- nation with the American Bar Associa- to do,’’ I believe that today’s National ceedings or design safe child custody. tion Commission on Domestic Vio- Domestic Violence Volunteer Attorney Yet thousands of victims of domestic lence. Legal referrals may also be done Network Act would make getting a violence go without representation by qualified Internet-based services. lawyer a reality, not just good advice. every day in this country. A patchwork Third, it creates a Pilot Program and Mr. President, I ask unanimous con- of services do their best to provide rep- National Rollout of National Domestic sent that the text of the bill be printed resent domestic violence victims, law Violence Volunteer Attorney Network in the RECORD.

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00301 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.241 S24MYPT1 bajohnson on PRODPC74 with SENATE S6878 CONGRESSIONAL RECORD — SENATE May 24, 2007 There being no objection, the text of ‘‘(B) PROHIBITION ON LOBBYING.—Any funds the National Domestic Violence Legal Advi- the bill was ordered to be printed in appropriated under this subsection shall be sory Task Force to assess the effectiveness the RECORD, as follows: subject to the prohibitions in section 1913 of of the Pilot Program. title 18, United States Code, relating to lob- (5) ELIGIBILITY FOR GRANTS.—The Attorney S. 1515 bying with appropriated moneys.’’. General shall award grants to statewide Be it enacted by the Senate and House of Rep- SEC. 4. DOMESTIC VIOLENCE VOLUNTEER AT- legal coordinators under this subsection. resentatives of the United States of America in TORNEY REFERRAL PROGRAM. (6) AUTHORIZATION OF APPROPRIATIONS.— Congress assembled, (a) PILOT PROGRAM.— There are authorized to be appropriated SECTION 1. SHORT TITLE. (1) IN GENERAL.—For fiscal years 2008 and $750,000 for each of fiscal years 2008 and 2009 This Act may be cited as the ‘‘National Do- 2009, the Office on Violence Against Women to fund the statewide coordinator positions mestic Violence Volunteer Attorney Net- of the Department of Justice, in consulta- and other costs associated with the position work Act’’. tion with the Domestic Violence Legal Advi- in the 5 pilot program States under this sub- SEC. 2. DEFINITIONS. sory Task Force, shall designate 5 States in section. In this Act, the terms ‘‘dating partner’’, which to implement the pilot program of the (7) EVALUATION AND REPORTING.—An entity ‘‘dating violence’’, ‘‘domestic violence’’, National Domestic Violence Volunteer At- receiving a grant under this subsection shall ‘‘legal assistance’’, ‘‘linguistically and cul- torney Referral Project and distribute funds submit to the Department of Justice a report turally specific services’’, ‘‘stalking’’, and under this subsection. detailing the activities taken with the grant ‘‘State domestic violence coalitions’’ shall (2) CRITERIA.—Criteria for selecting the funds, including such additional information have the same meaning given such terms in States for the pilot program under this sub- as the agency shall require. section 3 of the Violence Against Women and section shall include— (b) NATIONAL PROGRAM.— Department of Justice Reauthorization Act (A) equitable distribution between urban (1) PURPOSE.—The purpose of the national of 2005 (Public Law 109–162). and rural areas, equitable geographical dis- program under this subsection is to— SEC. 3. NATIONAL DOMESTIC VIOLENCE VOLUN- tribution; (A) provide for a coordinated system of en- TEER ATTORNEY NETWORK. (B) States that have a demonstrated capac- suring that domestic violence victims Section 1201 of the Violence Against ity to coordinate among local and statewide throughout the country have access to safe, Women Act of 2000 (42 U.S.C. 3796gg–6) is domestic violence organizations; culturally and linguistically appropriate rep- amended by adding at the end the following: (C) organizations serving immigrant resentation in legal matters arising as a con- ‘‘(g) NATIONAL DOMESTIC VIOLENCE VOLUN- women; and sequence of the abuse or violence; and TEER ATTORNEY NETWORK.— (D) volunteer legal services offices (B) support statewide legal coordinators in ‘‘(1) IN GENERAL.— throughout the State. each State to coordinate referrals to domes- ‘‘(A) GRANTS.—The Attorney General may (3) PURPOSE.—The purpose of the pilot pro- tic violence attorneys and to train attorneys award grants to the American Bar Associa- gram under this subsection is to— on related domestic violence issues, includ- tion Commission on Domestic Violence to (A) provide for a coordinated system of en- ing immigration matters. work in collaboration with the American Bar suring that domestic violence victims (2) GRANTS.—The Attorney General shall Association Committee on Pro Bono and throughout the pilot States have access to award grants to States for the purposes set Public Service and other organizations to safe, culturally, and linguistically appro- forth in subsection (a) and to support des- create, recruit lawyers for, and provide priate representation in all legal matters ignated statewide legal coordinators under training, mentoring, and technical assist- arising as a consequence of the abuse or vio- this subsection. ance for a National Domestic Violence Vol- lence; and (3) ROLE OF THE STATEWIDE LEGAL COORDI- unteer Attorney Network. (B) support statewide legal coordinators in NATOR.—The statewide legal coordinator ‘‘(B) USE OF FUNDS.—Funds allocated to the each State to manage referrals for victims to under this subsection shall be subject to the American Bar Association’s Commission on attorneys and to train attorneys on related requirements and responsibilities provided in Domestic Violence under this subsection domestic violence issues. subsection (a)(4). shall be used to— (4) ROLE OF STATEWIDE LEGAL COORDI- (4) GUIDELINES.—The Office on Violence ‘‘(i) create and maintain a network to field NATOR.—A statewide legal coordinator under Against Women, in consultation with the and manage inquiries from volunteer lawyers this subsection shall— Domestic Violence Legal Advisory Task seeking to represent and assist victims of do- (A) be employed by the statewide domestic Force and the results detailed in the Study mestic violence; violence coalition, unless the statewide do- of Legal Representation of Domestic Vio- ‘‘(ii) solicit lawyers to serve as volunteer mestic violence coalition determines that lence Victims, shall develop guidelines for lawyers in the network; the needs of victims throughout the State the implementation of the national program ‘‘(iii) retain dedicated staff to support vol- would be best served if the coordinator was under this section, based on the effectiveness unteer attorneys by— employed by another statewide organization; of the Pilot Program in improving victims’ ‘‘(I) providing field technical assistance in- (B) develop and maintain an updated data- access to culturally and linguistically appro- quiries; base of attorneys throughout the State, in- priate legal representation in the pilot ‘‘(II) providing on-going mentoring and cluding— States. support; (i) legal services programs; (5) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(III) collaborating with national domestic (ii) volunteer programs; There are authorized to be appropriated violence legal technical assistance providers (iii) organizations serving immigrant $8,000,000 for each of fiscal years 2010 through and statewide legal coordinators and local women; 2013 to fund the statewide coordinator posi- legal services programs; and (iv) law school clinical programs; tion in every State and other costs associ- ‘‘(IV) developing legal education and other (v) bar associations; ated with the position. training materials; and (vi) attorneys in the National Domestic Vi- (6) EVALUATION AND REPORTING.—An entity ‘‘(iv) maintain a point of contact with the olence Volunteer Attorney Network; and receiving a grant under this subsection shall statewide legal coordinator in each State re- (vii) local domestic violence programs; submit to the Department of Justice a report garding coordination of training, mentoring, (C) consult and coordinate with existing detailing the activities taken with the grant and supporting volunteer attorneys rep- statewide and local programs including vol- funds, including such additional information resenting victims of domestic violence. unteer representation projects or statewide as the agency shall require. ‘‘(2) AUTHORIZATION.—There are authorized legal services programs; SEC. 5. TECHNICAL ASSISTANCE FOR THE NA- to be appropriated to carry out this sub- (D) provide referrals to victims who are TIONAL DOMESTIC VIOLENCE VOL- section $2,000,000 for each of the fiscal years seeking legal representation in matters aris- UNTEER ATTORNEY NETWORK. 2008 and 2009 and $3,000,000 for each of the fis- ing as a consequence of the abuse or vio- (a) PURPOSES.—The purpose of this section cal years 2010 through 2013. lence; is to allow— ‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—A re- (E) participate in biannual meetings with (1) national domestic violence legal tech- ceipt of an award under this subsection by other Pilot Program grantees, American Bar nical assistance providers to expand their the Commission on Domestic Violence of the Association Commission on Domestic Vio- services to provide training and ongoing American Bar Association shall not preclude lence, American Bar Association Committee technical assistance to volunteer attorneys the Commission from receiving additional on Pro Bono and Public Service, and na- in the National Domestic Violence Volunteer grants under the Office on Violence Against tional domestic violence legal technical as- Attorney Network; and Women’s Technical Assistance Program to sistance providers; (2) providers of domestic violence law to carry out the purposes of that program. (F) receive referrals of victims seeking receive additional funding to train and assist ‘‘(4) OTHER CONDITIONS.— legal representation from the National Do- attorneys in the areas of— ‘‘(A) PROHIBITION ON TORT LITIGATION.— mestic Violence Hotline and other sources; (A) custody and child support; Funds appropriated for the grant program (G) receive and disseminate information (B) employment; under this subsection may not be used to regarding volunteer attorneys and training (C) housing; fund civil representation in a lawsuit based and mentoring opportunities; and (D) immigrant victims’ legal needs (includ- on a tort claim. This subparagraph shall not (H) work with the Office on Violence ing immigration, protection order, family be construed as a prohibition on providing Against Women, the American Bar Associa- and public benefits issues); and assistance to obtain restitution. tion Commission on Domestic Violence, and (E) interstate custody and relocation law.

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(b) GRANTS.—The Attorney General shall lence and the national domestic violence (11) whether they provide support to or award grants to national domestic violence legal technical assistance providers to train sponsor a pro bono legal program providing legal technical assistance providers to ex- and provide appropriate assistance to per- legal representation to victims of domestic pand their services to provide training and sonnel on referring legal services; and violence. ongoing technical assistance to volunteer at- ‘‘(B) maintain a network of legal services (d) REPORT.—Not later than 1 year after torneys in the National Domestic Violence and statewide legal coordinators, and col- the date of enactment of this Act, the Gen- Volunteer Attorney Network, statewide laborate with the American Bar Association eral Accountability Office shall submit to legal coordinators, the National Domestic Commission on Domestic Violence and the Congress a report on the findings and rec- Violence Hotline and Internet-based legal re- National Domestic Violence Hotline. ommendations of the study required by this ferral organizations described in section ‘‘(3) AUTHORIZATION.—There are to be ap- section. 1201(i)(1) of the Violence Against Women Act propriated to carry out this subsection SEC. 8. ESTABLISH A DOMESTIC VIOLENCE of 2000, as added by section 6. $250,000 for each fiscal years of 2008 through LEGAL ADVISORY TASK FORCE. (c) ELIGIBILITY FOR OTHER GRANTS.—A re- 2013.’’. (a) IN GENERAL.—The Attorney General ceipt of an award under this section shall not SEC. 7. STUDY OF LEGAL REPRESENTATION OF shall establish the Domestic Violence Legal preclude the national domestic violence DOMESTIC VIOLENCE VICTIMS. Advisory Task Force to provide guidance for legal technical assistance providers from re- (a) IN GENERAL.—The General Account- the implementation of the Study of Legal ceiving additional grants under the Office on ability Office shall study the scope and qual- Representation of Domestic Violence Vic- Violence Against Women’s Technical Assist- ity of legal representation and advocacy for tims, the Pilot Program for the National Do- ance Program to carry out the purposes of victims of domestic violence, dating vio- mestic Violence Volunteer Attorney Referral that program. lence, and stalking, including the provision Project, and the National Program for the (d) ELIGIBLE ENTITIES.—In this section, an National Domestic Violence Volunteer At- eligible entity is a national domestic vio- of culturally and linguistically appropriate services. torney Referral Project. lence legal technical assistance provider (b) COMPOSITION.—The Task Force estab- that— (b) SCOPE OF STUDY.—The General Ac- countability Office shall specifically assess lished under this section shall be composed (1) has expertise on legal issues that arise of experts in providing legal assistance to do- in cases of victims of domestic violence, dat- the representation and advocacy of— (1) organizations providing direct legal mestic violence victims and developing effec- ing violence and stalking, including family, tive volunteer programs providing legal as- immigration, housing, protection order, pub- services and other support to victims of do- mestic violence, dating violence, and stalk- sistance to domestic violence victims, in- lic benefits, custody, child support, inter- cluding judges with expertise on domestic vi- state custody and relocation, employment ing, including Legal Services Corporation grantees, non-Legal Services Corporation olence, individuals with experience rep- and other civil legal needs of victims; and resenting low-income domestic violence vic- (2) has an established record of providing legal services organizations, domestic vio- lence programs receiving Legal Assistance tims, and private bar members involved with technical assistance and support to lawyers volunteer legal services. representing victims of domestic violence. for Victims grants or other Violence Against Women Act funds to provide legal assistance, (c) RESPONSIBILITIES.—The Task Force (e) AUTHORIZATION OF APPROPRIATIONS.— shall provide— There are authorized to be appropriated to volunteer programs (including those oper- ated by bar associations and law firms), law (1) ongoing advice to the American Bar As- carry out this section $800,000 for national sociation Commission on Domestic Violence, domestic violence legal technical assistance schools which operate domestic violence, and family law clinical programs; and the National Domestic Violence Hotline, and providers for each fiscal year from 2008 the Statewide Coordinators regarding imple- through 2013. (2) organizations providing support to di- rect legal services delivery programs and to mentation of the Pilot Program and the Na- SEC. 6. NATIONAL DOMESTIC VIOLENCE HOTLINE tional Program of the Domestic Violence LEGAL REFERRALS. their volunteer attorneys, including State Volunteer Attorney Referral Project; Section 1201 of the Violence Against coalitions on domestic violence, National (2) recommendations to the Office on Vio- Women Act of 2000 (42 U.S.C. 3796gg–6) is Legal Aid and Defender Association, the lence Against Women regarding the selection amended by adding at the end the following: American Bar Association Commission on of the 5 sites for the Pilot Program; and ‘‘(h) LEGAL REFERRALS BY THE NATIONAL Domestic Violence, the American Bar Asso- (3) attend regular meetings covered by DOMESTIC VIOLENCE HOTLINE.— ciation Committee on Pro Bono and Public American Bar Association Commission or ‘‘(1) IN GENERAL.—The Attorney General Service, State bar associations, judicial or- may award grants to the National Domestic ganizations, and national advocacy organiza- Domestic Violence. Violence Hotline (as authorized by section tions (including the Legal Resource Center (d) REPORT.—The Task Force shall report 316 of the Family Violence Prevention and on Violence Against Women, and the Na- to Congress every 2 years on its work under Services Act (42 U.S.C. 10416)) to provide in- tional Center on Full Faith and Credit). this section. (e) AUTHORIZATION OF APPROPRIATIONS.— formation about statewide legal coordina- (c) ASSESSMENT.—The assessment shall, There are authorized to be appropriated to tors and legal services. with respect to each entity under subsection carry out this section $100,000 for each of fis- ‘‘(2) USE OF FUNDS.—Funds allocated to the (b), include— cal years 2008 through 2013. National Domestic Violence Hotline under (1) what kind of legal assistance is pro- this subsection shall be used to— vided to victims of domestic violence, such ‘‘(A) update the Hotline’s technology and as counseling or representation in court pro- By Mr. REED (for himself, Mr. systems to reflect legal services and refer- ceedings; ALLARD, Ms. MIKULSKI, Mr. rals to statewide legal coordinators; (2) number of lawyers on staff; BOND, Mr. DURBIN, Ms. COLLINS, ‘‘(B) collaborate with the American Bar (3) how legal services are being adminis- Mr. SCHUMER, Mr. AKAKA, Mrs. Association Commission on Domestic Vio- tered in a culturally and linguistically ap- CLINTON, Mr. WHITEHOUSE, Mr. lence and the national domestic violence propriate manner, and the number of multi- LEVIN, Mr. BROWN, and Mrs. lingual advocates; legal technical assistance providers to train BOXER): and provide appropriate assistance to the (4) what type of cases are related to the S. 1518. A bill to amend the McKin- Hotline’s advocates on legal services; and abuse, such as protective orders, divorce, ‘‘(C) maintain a network of legal services housing, and child custody matters, and im- ney-Vento Homeless Assistance Act to and statewide legal coordinators and col- migration filings; reauthorize the Act, and for other pur- laborate with the American Bar Association (5) what referral mechanisms are used to poses; to the Committee on Banking, Commission on Domestic Violence. match a lawyer with a domestic violence vic- Housing, and Urban Affairs. ‘‘(3) AUTHORIZATION.—There are to be ap- tim; Mr. REED. Mr. President, I intro- propriated to carry out this subsection (6) what, if any, collaborative partnerships duce, along with Senators ALLARD, MI- $500,000 for each of fiscal years 2008 through are in place between the legal services pro- KULSKI, BOND, DURBIN, COLLINS, SCHU- gram and domestic violence agencies; 2013. MER, AKAKA, CLINTON, WHITEHOUSE, ‘‘(i) LEGAL REFERRALS BY INTERNET-BASED (7) what existing technical assistance or EVIN ROWN OXER SERVICES FOR DOMESTIC VIOLENCE VICTIMS.— training on domestic violence and legal L , B , and B , the Commu- ‘‘(1) IN GENERAL.—The Attorney General skills is provided to attorneys providing nity Partnership to End Homelessness may award grants to Internet-based non- legal services to victims of domestic vio- Act of 2007, CPEHA. This legislation profit organizations with a demonstrated ex- lence; would reauthorize and amend the hous- pertise on domestic violence to provide (8) what training or technical assistance ing titles of the McKinney-Vento State-specific information about statewide for attorneys would improve the provision of Homeless Assistance Act of 1987. Spe- legal coordinators and legal services through legal services to victims of domestic vio- cifically, our bill would realign the in- the Internet. lence; centives behind the Department of ‘‘(2) USE OF FUNDS.—Funds allocated to (9) how does the organization manage Internet-based organizations under this sub- means-testing or income requirements for Housing and Urban Development’s section shall be used to— clients; homelessness assistance programs to ‘‘(A) collaborate with the American Bar (10) what, if any legal support is provided accomplish the goals of preventing and Association Commission on Domestic Vio- by non-lawyer victim advocates; and ending homelessness.

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00303 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.253 S24MYPT1 bajohnson on PRODPC74 with SENATE S6880 CONGRESSIONAL RECORD — SENATE May 24, 2007 According to the Homelessness Re- and children to remain homeless as it a person with disabilities. At least 10 search Institute at the National Alli- does to provide them with assistance percent of overall funds would be allo- ance to End Homelessness, as many as and get them back on the road to self- cated for permanently housing families 3.5 million Americans experience sufficiency. with children. homelessness each year. On any one It has been 20 years since the enact- Sixth, communities that dem- night, approximately 744,000 men, ment of the Steward B. McKinney onstrate results, reducing the number women, and children are without Homeless Assistance Act, and we have of people who become homeless, the homes. learned a lot about the problem of length of time people are homeless, and Many of these people have served our homelessness since then. At the time of recidivism back into homelessness— country in uniform. According to the its adoption in 1987, this legislation would be allowed to use their homeless National Coalition for Homeless Vet- was viewed as an emergency response assistance funding more flexibly and to erans, nearly 200,000 veterans of the to a national crisis, and was to be fol- serve groups that are at risk of becom- United States armed forces are home- lowed by measures to prevent home- ing homeless. less on any given night, and about one- lessness and to create more systemic Finally, leasing, rental assistance, third of homeless men are veterans. solutions to the problem. It is now and operating costs of permanent hous- Statistics regarding the number of time to take what we have learned dur- ing programs would be renewed for 1 children who experience homelessness ing the past 20 years, and put those year at a time through the section 8 are especially troubling. Each year, it best practices and proposals into ac- housing voucher account, provided that is estimated that at least 1.35 million tion. the applicant demonstrates need and children experience homelessness. Over First and foremost, our bill would compliance with appropriate standards. 900,000 homeless children and youth consolidate HUD’s three main competi- There is a growing consensus on ways were identified and enrolled in public tive homelessness programs, Sup- to help communities break the cycle of schools in the 2005–2006 school year. portive Housing Program, Shelter Plus repeated and prolonged homelessness. However, this Department of Edu- Care, and Moderate Rehabilitation/Sin- If we combine Federal dollars with the cation count does not include preschool gle Room Occupancy, into one program right incentives to local communities, children, and over 40 percent of home- called the Community Homeless As- we can prevent and end long-term less children are under the age of five. sistance Program. The consolidation homelessness. Whatever their age, we know that chil- would reduce the administrative bur- This bipartisan legislation seeks to dren who are homeless are in poorer den on communities caused by dif- do just that. It will reward commu- health, have developmental delays, and ferent program requirements. It also nities for initiatives that prevent and suffer academically. would allow funding to be used for an end homelessness. In addition, many of those who are array of eligible activities maximizing Groups that are endorsing the Com- homeless have a disability. According flexibility, creativity, and local-deci- munity Partnership to End Homeless- to the Homelessness Research Insti- sion making. ness Act include: The National Alli- tute, about 23 percent of homeless peo- Second, the bill would create a new ance to End Homelessness; the U.S. ple were found to be ‘‘chronically prevention title that would allow com- Conference of Mayors; the National As- homeless,’’ which according to the cur- munities to apply for funding to pre- sociation of Counties; National Asso- rent HUD definition means that they vent homelessness. This would allow ciation of Local Housing Finance Agen- are homeless for long periods of time or them to serve people who move fre- cies; National Community Develop- homeless repeatedly, and they have a quently for economic reasons, are dou- ment Association; the National Hous- disability. For many of these individ- bled up, are about to be evicted, live in ing Conference; the Corporation for uals and families, housing alone, with- severely overcrowded housing, or oth- Supportive Housing; National Alliance out some attached services, may not be erwise live in an unstable situation on Mental Illness; Consortium for Citi- enough. that puts them at risk of homelessness. zens With Disabilities Housing Task Finally, as rents have soared and af- The program could fund short- to me- Force; Habitat for Humanity; Tech- fordable housing units have dis- dium-term housing assistance, housing nical Assistance Collaborative; and the appeared from the market during the relocation and stabilization, and sup- Housing Assistance Council. past several years, even more working portive services. The program would be The Community Partnership to End Americans have been left unable to af- authorized for up to $250 million in fis- Homelessness Act will set us on the ford housing. According to the Na- cal year 2008. path to meeting an important national tional Low Income Housing Coalition’s Third, the bill would create a more goal. I hope my colleagues will join us most recent ‘‘Out of Reach’’ report, no- flexible set of requirements for rural in supporting this bill and other home- where in the country can a minimum communities by modifying HUD’s long- lessness prevention efforts. wage earner afford a one-bedroom dormant Rural Homelessness Grant Mr. President, I ask unanimous con- home. Eighty-eight percent of renters Program. Under the new requirements, sent that the text of the bill be printed in cities live in areas where they can- a rural community could use funds for in the RECORD. not afford the fair market rent for a homelessness prevention and housing There being no objection, the text of two-bedroom rental even with two min- stabilization, in addition to transi- the bill was ordered to be printed in imum wage jobs. Low income renters tional housing, permanent housing, the RECORD, as follows: who live paycheck to paycheck are in and supportive services. The applica- S. 1518 precarious circumstances and some- tion process for these funds would be Be it enacted by the Senate and House of Rep- times must make tough choices be- streamlined to be more consistent with resentatives of the United States of America in tween paying rent and buying food, the capacities of rural homelessness Congress assembled, prescription drugs, or other necessities. programs. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. If one unforeseen event occurs in their Fourth, HUD would be required to (a) SHORT TITLE.—This Act may be cited as lives, they can end up homeless. provide incentives for communities to the ‘‘Community Partnership to End Home- So why should the Federal Govern- use proven strategies to end homeless- lessness Act of 2007’’. ment work to help prevent and end ness. These strategies would include (b) TABLE OF CONTENTS.—The table of con- homelessness? Simply put, we cannot permanent supportive housing for tents for this Act is as follows: afford not to address this problem. chronically homeless people, rapid re- Sec. 1. Short title; table of contents. Homelessness leads to untold costs, in- housing programs for homeless fami- Sec. 2. Findings and purpose. cluding expenses for emergency rooms, lies, and other research-based strate- Sec. 3. United States Interagency Council on jails, shelters, foster care, detoxifica- gies that HUD, after public comment, Homelessness. Sec. 4. Housing assistance general provi- tion, and emergency mental health determines are effective. sions. treatment. Fifth, thirty percent of total funds Sec. 5. Emergency homelessness prevention According to a number of studies, it available nationally would be allocated and shelter grants program. costs just as much, if not more in over- for permanent housing for individuals Sec. 6. Homeless assistance program. all expenditures, to allow men, women, with disabilities or families headed by Sec. 7. Rural housing stability assistance.

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00304 Fmt 0624 Sfmt 0655 E:\CR\FM\G24MY6.119 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6881 Sec. 8. Funds to prevent homelessness and ‘‘(11) Federal homeless assistance should ‘‘(18) The Director of the Office of Manage- stabilize housing for precar- supplement other public and private funding ment and Budget, or the designee of the Di- iously housed individuals and provided by communities for housing and rector.’’; families. supportive services for low-income house- (B) in subsection (c), by striking ‘‘annu- Sec. 9. Repeals and conforming amend- holds; ally’’ and inserting ‘‘2 times each year’’; and ments. ‘‘(12) the Federal Government has a respon- (C) by adding at the end the following: Sec. 10. Effective date. sibility to establish partnerships with State ‘‘(e) ADMINISTRATION.—The Assistant to SEC. 2. FINDINGS AND PURPOSE. and local governments and private sector en- the President for Domestic Policy within the Section 102 of the McKinney-Vento Home- tities to address comprehensively the prob- Executive Office of the President shall over- less Assistance Act (42 U.S.C. 11301) is lems of homelessness; and see the functioning of the United States amended to read as follows: ‘‘(13) the results of Federal programs tar- Interagency Council on Homelessness to en- ‘‘SEC. 102. FINDINGS AND PURPOSE. geted for persons experiencing homelessness sure Federal interagency collaboration and program coordination to focus on preventing ‘‘(a) FINDINGS.—Congress finds that— have been positive. ‘‘(1) the United States faces a crisis of indi- ‘‘(b) PURPOSE.—It is the purpose of this and ending homelessness, to increase access viduals and families who lack basic afford- Act— to mainstream programs (as identified in a able housing and appropriate shelter; ‘‘(1) to create a unified and performance- report by the Government Accountability ‘‘(2) assistance from the Federal Govern- based process for allocating and admin- Office entitled ‘Homelessness: Barriers to ment is an important factor in the success of istering funds under title IV; Using Mainstream Programs’, issued July 6, efforts by State and local governments and ‘‘(2) to encourage comprehensive, collabo- 2000) by persons experiencing homelessness, the private sector to address the problem of rative local planning of housing and services to eliminate the barriers to participation in homelessness in a comprehensive manner; programs for persons experiencing homeless- those programs, to implement a Federal plan ‘‘(3) there are several Federal Government ness; to prevent and end homelessness, and to programs to assist persons experiencing ‘‘(3) to focus the resources and efforts of identify Federal resources that can be ex- homelessness, including programs for indi- the public and private sectors on ending and pended to prevent and end homelessness.’’; viduals with disabilities, veterans, children, preventing homelessness; (3) in section 203(a) (42 U.S.C. 11313(a))— and youth; ‘‘(4) to provide funds for programs to assist (A) by redesignating paragraphs (1), (2), (3), ‘‘(4) homeless assistance programs must be individuals and families in the transition (4), (5), (6), and (7) as paragraphs (2), (3), (4), evaluated on the basis of their effectiveness from homelessness, and to prevent homeless- (5), (8), (9), and (10), respectively; in reducing homelessness, transitioning indi- ness for those vulnerable to homelessness; (B) by inserting before paragraph (2), as re- viduals and families to permanent housing ‘‘(5) to consolidate the separate homeless designated by subparagraph (A), the fol- and stability, and optimizing their self-suffi- assistance programs carried out under title lowing: ciency; IV (consisting of the supportive housing pro- ‘‘(1) not later than 1 year after the date of ‘‘(5) States and units of general local gov- gram and related innovative programs, the enactment of the Community Partnership to ernment receiving Federal block grant and safe havens program, the section 8 assistance End Homelessness Act of 2007, develop and other Federal grant funds must be evaluated program for single-room occupancy dwell- submit to the President and to Congress a on the basis of their effectiveness in— ings, and the shelter plus care program) into National Strategic Plan to End Homeless- ‘‘(A) implementing plans to appropriately a single program with specific eligible activi- ness;’’; discharge individuals to and from main- ties; (C) in paragraph (5), as redesignated by stream service systems; and ‘‘(6) to allow flexibility and creativity in subparagraph (A), by striking ‘‘at least 2, but ‘‘(B) reducing barriers to participation in re-thinking solutions to homelessness, in- in no case more than 5’’ and inserting ‘‘not mainstream programs, as identified in— cluding alternative housing strategies, out- less than 5, but in no case more than 10’’; and ‘‘(i) a report by the Government Account- come-effective service delivery, and the in- (D) by inserting after paragraph (5), as re- ability Office entitled ‘Homelessness: Coordi- volvement of persons experiencing homeless- designated by subparagraph (A), the fol- nation and Evaluation of Programs Are Es- ness in decision-making regarding opportu- lowing: sential’, issued February 26, 1999; or nities for their long-term stability, growth, ‘‘(6) encourage the creation of State Inter- ‘‘(ii) a report by the Government Account- well-being, and optimum self-sufficiency; agency Councils on Homelessness and the ability Office entitled ‘Homelessness: Bar- and formulation of multi-year plans to end riers to Using Mainstream Programs’, issued ‘‘(7) to ensure that multiple Federal agen- homelessness at State, city, and county lev- July 6, 2000; cies are involved in the provision of housing, els; ‘‘(6) an effective plan for reducing home- health care, human services, employment, ‘‘(7) develop mechanisms to ensure access lessness should provide a comprehensive and education assistance, as appropriate for by persons experiencing homelessness to all housing system (including permanent hous- the missions of the agencies, to persons expe- Federal, State, and local programs for which ing and, as needed, transitional housing) riencing homelessness, through the funding the persons are eligible, and to verify col- that recognizes that, while some individuals provided for implementation of programs laboration among entities within a commu- and families experiencing homelessness at- carried out under this Act and other pro- nity that receive Federal funding under pro- tain economic viability and independence grams targeted for persons experiencing grams targeted for persons experiencing utilizing transitional housing and then per- homelessness, and mainstream funding, and homelessness, and other programs for which manent housing, others can reenter society to promote coordination among those Fed- persons experiencing homelessness are eligi- directly and optimize self-sufficiency eral agencies, including providing funding ble, including mainstream programs identi- through acquiring permanent housing; for a United States Interagency Council on fied by the Government Accountability Of- ‘‘(7) supportive housing activities include Homelessness to advance such coordina- fice in the 2 reports described in section the provision of permanent housing or tran- tion.’’. 102(a)(5)(B);’’; and (4) by striking section 208 (42 U.S.C. 11318) sitional housing, and appropriate supportive SEC. 3. UNITED STATES INTERAGENCY COUNCIL services, in an environment that can meet ON HOMELESSNESS. and inserting the following: the short-term or long-term needs of persons Title II of the McKinney-Vento Homeless ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. experiencing homelessness as they re- Assistance Act (42 U.S.C. 11311 et seq.) is ‘‘There are authorized to be appropriated integrate into mainstream society; amended— to carry out this title $3,000,000 for fiscal ‘‘(8) homeless housing and supportive serv- (1) in section 201 (42 U.S.C. 11311), by strik- year 2008 and such sums as may be necessary ices programs within a community are most ing the period at the end and inserting the for fiscal years 2009, 2010, 2011, and 2012.’’. effective when they are developed and oper- following: ‘‘whose mission shall be to develop SEC. 4. HOUSING ASSISTANCE GENERAL PROVI- ated as part of an inclusive, collaborative, and coordinate the implementation of a na- SIONS. Subtitle A of title IV of the McKinney- locally driven homeless planning process tional strategy to prevent and end homeless- Vento Homeless Assistance Act (42 U.S.C. that involves as decision makers persons ex- ness while maximizing the effectiveness of 11361 et seq.) is amended— periencing homelessness, advocates for per- the Federal Government in contributing to (1) by striking the subtitle heading and in- sons experiencing homelessness, service or- an end to homelessness in the United serting the following: ganizations, government officials, business States.’’; persons, neighborhood advocates, and other (2) in section 202 (42 U.S.C. 11312)— ‘‘Subtitle A—General Provisions’’; community members; (A) in subsection (a)— (2) by redesignating section 401 (42 U.S.C. ‘‘(9) homelessness should be treated as a (i) by striking ‘‘(16)’’ and inserting ‘‘(19)’’; 11361) as section 403; symptom of many neighborhood, commu- and (3) by redesignating section 402 (42 U.S.C. nity, and system problems, whose remedies (ii) by inserting after paragraph (15) the 11362) as section 406; require a comprehensive approach inte- following: (4) by inserting before section 403 (as redes- grating all available resources; ‘‘(16) The Commissioner of Social Security, ignated in paragraph (2)) the following: ‘‘(10) there are many private sector enti- or the designee of the Commissioner. ‘‘SEC. 401. DEFINITIONS. ties, particularly nonprofit organizations, ‘‘(17) The Attorney General of the United ‘‘In this title, the following definitions that have successfully operated outcome-ef- States, or the designee of the Attorney Gen- shall apply: fective homeless programs; eral. ‘‘(1) CHRONICALLY HOMELESS.—

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‘‘(A) IN GENERAL.—The term ‘chronically ‘‘(A) an entity described in section 501(c)(3) ‘‘(B) receives the grant directly from the homeless’, used with respect to an individual of the Internal Revenue Code of 1986 and ex- Secretary to support approved projects de- or family, means an individual or family empt from tax under section 501(a) of that scribed in the application; and who— Code; ‘‘(C)(i) serves as a project sponsor for the ‘‘(i) is homeless and lives or resides in a ‘‘(B) an instrumentality of State or local projects; or place not meant for human habitation or in government; or ‘‘(ii) awards the funds to project sponsors an emergency shelter; ‘‘(C) a consortium of instrumentalities of to carry out the projects. ‘‘(ii) has been homeless and living or resid- State or local governments that has con- ‘‘(19) SECRETARY.—The term ‘Secretary’ ing in a place not meant for human habi- stituted itself as an entity. means the Secretary of Housing and Urban tation or in an emergency shelter continu- ‘‘(9) METROPOLITAN CITY; URBAN COUNTY; Development. ously for at least 1 year or on at least 4 sepa- NONENTITLEMENT AREA.—The terms ‘metro- ‘‘(20) SERIOUS MENTAL ILLNESS.—The term rate occasions in the last 3 years; and politan city’, ‘urban county’, and ‘non- ‘serious mental illness’ means a severe and ‘‘(iii) has an adult head of household with entitlement area’ have the meanings given persistent mental illness or emotional im- a diagnosable substance use disorder, serious such terms in section 102(a) of the Housing pairment that seriously limits a person’s mental illness, developmental disability (as and Community Development Act of 1974 (42 ability to live independently. defined in section 102 of the Developmental U.S.C. 5302(a)). ‘‘(21) STATE.—Except as used in subtitle B, Disabilities Assistance and Bill of Rights Act ‘‘(10) NEW.—The term ‘new’, used with re- the term ‘State’ means each of the several of 2000 (42 U.S.C. 15002)), or chronic physical spect to housing, means housing for which States, the District of Columbia, the Com- illness or disability, including the co-occur- no assistance has been provided under this monwealth of Puerto Rico, the United States rence of 2 or more of those conditions. title. Virgin Islands, Guam, American Samoa, the ‘‘(2) COLLABORATIVE APPLICANT.—The term ‘‘(11) OPERATING COSTS.—The term ‘oper- Commonwealth of the Northern Mariana Is- ‘collaborative applicant’ means an entity ating costs’ means expenses incurred by a lands, the Trust Territory of the Pacific Is- that— project sponsor operating transitional hous- lands, and any other territory or possession ‘‘(A) carries out the duties specified in sec- ing or permanent housing under this title of the United States. tion 402; with respect to— ‘‘(22) SUPPORTIVE SERVICES.—The term ‘‘(B) serves as the applicant for project ‘‘(A) the administration, maintenance, re- ‘supportive services’ means the supportive sponsors who jointly submit a single applica- pair, and security of such housing; services described in section 425(c). tion for a grant under subtitle C in accord- ‘‘(B) utilities, fuel, furnishings, and equip- ‘‘(23) TENANT-BASED.—The term ‘tenant- ance with a collaborative process; and ment for such housing; or based’, used with respect to rental assist- ‘‘(C) if the entity is a legal entity and is ‘‘(C) coordination of services as needed to ance, means assistance that allows an eligi- awarded such grant, receives such grant di- ensure long-term housing stability. ble person to select a housing unit in which rectly from the Secretary. ‘‘(12) OUTPATIENT HEALTH SERVICES.—The such person will live using rental assistance ‘‘(3) COLLABORATIVE APPLICATION.—The term ‘outpatient health services’ means out- provided under subtitle C, except that if nec- term ‘collaborative application’ means an patient health care services, mental health essary to assure that the provision of sup- application for a grant under subtitle C services, and outpatient substance abuse portive services to a person participating in that— treatment services. a program is feasible, a recipient or project ‘‘(A) satisfies section 422; and ‘‘(13) PERMANENT HOUSING.—The term ‘per- sponsor may require that the person live— ‘‘(B) is submitted to the Secretary by a manent housing’ means community-based ‘‘(A) in a particular structure or unit for collaborative applicant. housing without a designated length of stay, not more than the first year of the participa- ‘‘(4) CONSOLIDATED PLAN.—The term ‘Con- and includes permanent supportive housing tion; and solidated Plan’ means a comprehensive hous- for homeless individuals with disabilities ‘‘(B) within a particular geographic area ing affordability strategy and community and homeless families that include such an for the full period of the participation, or the development plan required in part 91 of title individual who is an adult. period remaining after the period referred to 24, Code of Federal Regulations. ‘‘(14) PRIVATE NONPROFIT ORGANIZATION.— in subparagraph (A). ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible The term ‘private nonprofit organization’ ‘‘(24) TRANSITIONAL HOUSING.—The term entity’ means, with respect to a subtitle, a means an organization— ‘transitional housing’ means housing, the public entity, a private entity, or an entity ‘‘(A) no part of the net earnings of which purpose of which is to facilitate the move- that is a combination of public and private inures to the benefit of any member, found- ment of individuals and families experi- entities, that is eligible to receive directly er, contributor, or individual; encing homelessness to permanent housing grant amounts under that subtitle. ‘‘(B) that has a voluntary board; within 24 months or such longer period as ‘‘(6) GEOGRAPHIC AREA.—The term ‘geo- ‘‘(C) that has an accounting system, or has the Secretary determines necessary. graphic area’ means a State, metropolitan designated a fiscal agent in accordance with ‘‘(25) UNIFIED FUNDING AGENCY.—The term city, urban county, town, village, or other requirements established by the Secretary; ‘unified funding agency’ means a collabo- nonentitlement area, or a combination or and rative applicant that performs the duties de- consortia of such, in the United States, as ‘‘(D) that practices nondiscrimination in scribed in section 402(f). described in section 106 of the Housing and the provision of assistance. ‘‘SEC. 402. COLLABORATIVE APPLICANTS. Community Development Act of 1974 (42 ‘‘(15) PROJECT.—The term ‘project’, used ‘‘(a) ESTABLISHMENT AND DESIGNATION.—A U.S.C. 5306). with respect to activities carried out under collaborative applicant shall be established ‘‘(7) HOMELESS INDIVIDUAL WITH A DIS- subtitle C, means eligible activities de- for a geographic area by the relevant parties ABILITY.— scribed in section 423(a), undertaken pursu- in that geographic area to— ‘‘(A) IN GENERAL.—The term ‘homeless in- ant to a specific endeavor, such as serving a ‘‘(1) submit an application for amounts dividual with a disability’ means an indi- particular population or providing a par- under this subtitle; and vidual who is homeless, as defined in section ticular resource. ‘‘(2) perform the duties specified in sub- 103, and has a disability that— ‘‘(16) PROJECT-BASED.—The term ‘project- section (e) and, if applicable, subsection (f). ‘‘(i)(I) is expected to be long-continuing or based’, used with respect to rental assist- ‘‘(b) NO REQUIREMENT TO BEALEGAL ENTI- of indefinite duration; ance, means assistance provided pursuant to TY.—An entity may be established to serve ‘‘(II) substantially impedes the individual’s a contract that— as a collaborative applicant under this sec- ability to live independently; ‘‘(A) is between— tion without being a legal entity. ‘‘(III) could be improved by the provision of ‘‘(i) a project sponsor; and ‘‘(c) REMEDIAL ACTION.—If the Secretary more suitable housing conditions; and ‘‘(ii) an owner of a structure that exists as finds that a collaborative applicant for a ge- ‘‘(IV) is a physical, mental, or emotional of the date the contract is entered into; and ographic area does not meet the require- impairment, including an impairment caused ‘‘(B) provides that rental assistance pay- ments of this section, or if there is no col- by alcohol or drug abuse; ments shall be made to the owner and that laborative applicant for a geographic area, ‘‘(ii) is a developmental disability, as de- the units in the structure shall be occupied the Secretary may take remedial action to fined in section 102 of the Developmental by eligible persons for not less than the term ensure fair distribution of grant amounts Disabilities Assistance and Bill of Rights Act of the contract. under subtitle C to eligible entities within of 2000 (42 U.S.C. 15002); or ‘‘(17) PROJECT SPONSOR.—The term ‘project that area. Such measures may include desig- ‘‘(iii) is the disease of acquired immuno- sponsor’, used with respect to proposed eligi- nating another body as a collaborative appli- deficiency syndrome or any condition arising ble activities, means the organization di- cant, or permitting other eligible entities to from the etiologic agency for acquired im- rectly responsible for the proposed eligible apply directly for grants. munodeficiency syndrome. activities. ‘‘(d) CONSTRUCTION.—Nothing in this sec- ‘‘(B) RULE.—Nothing in clause (iii) of sub- ‘‘(18) RECIPIENT.—Except as used in sub- tion shall be construed to displace conflict of paragraph (A) shall be construed to limit eli- title B, the term ‘recipient’ means an eligi- interest or government fair practices laws, gibility under clause (i) or (ii) of subpara- ble entity who— or their equivalent, that govern applicants graph (A). ‘‘(A) submits an application for a grant for grant amounts under subtitles B and C. ‘‘(8) LEGAL ENTITY.—The term ‘legal entity’ under section 422 that is approved by the ‘‘(e) DUTIES.—A collaborative applicant means— Secretary; shall—

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00306 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.254 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6883 ‘‘(1) design a collaborative process for the ‘‘SEC. 404. TECHNICAL ASSISTANCE. allocate nationally not less than 10 nor more development of an application under subtitle ‘‘(a) TECHNICAL ASSISTANCE FOR PROJECT than 15 percent of such amount for activities C, and for evaluating the outcomes of SPONSORS.—The Secretary shall make effec- described in section 414. projects for which funds are awarded under tive technical assistance available to private ‘‘(b) ALLOCATION.—An entity that receives subtitle B, in such a manner as to provide in- nonprofit organizations and other non- a grant under section 412, and serves an area formation necessary for the Secretary— governmental entities, States, metropolitan that includes 1 or more geographic areas (or ‘‘(A) to determine compliance with— cities, urban counties, and counties that are portions of such areas) served by collabo- ‘‘(i) the program requirements under sec- not urban counties that are potential project rative applicants that submit applications tion 425; and sponsors, in order to implement effective under subtitle C, shall allocate the funds ‘‘(ii) the selection criteria described under planning processes for preventing and ending made available through the grant to carry section 427; and homelessness, to optimize self-sufficiency out activities described in section 414, in ‘‘(B) to establish priorities for funding among individuals experiencing homeless- consultation with the collaborative appli- projects in the geographic area involved; ness, and to improve their capacity to be- cants.’’; ‘‘(2) participate in the Consolidated Plan come project sponsors. (3) in section 413(b) (42 U.S.C. 11373(b)), by for the geographic area served by the col- ‘‘(b) TECHNICAL ASSISTANCE FOR COLLABO- striking ‘‘amounts appropriated’’ and all laborative applicant; and RATIVE APPLICANTS.—The Secretary shall that follows through ‘‘for any’’ and inserting ‘‘(3) ensure operation of, and consistent make effective technical assistance available ‘‘amounts appropriated under section 407 and participation by, project sponsors in a com- to collaborative applicants— made available to carry out this subtitle for munity-wide homeless management informa- ‘‘(1) to improve their ability to carry out any’’; tion system for purposes of— the duties required under subsections (e) and (4) by striking section 414 (42 U.S.C. 11374) ‘‘(A) collecting unduplicated counts of in- (f) of section 402; and inserting the following: dividuals and families experiencing home- ‘‘(2) to design and execute outcome-effec- ‘‘SEC. 414. ELIGIBLE ACTIVITIES. lessness; tive strategies for preventing and ending ‘‘Assistance provided under section 412 ‘‘(B) analyzing patterns of use of assistance homelessness in their geographic areas con- may be used for the following activities: provided under subtitles B and C for the geo- sistent with the provisions of this title; and ‘‘(1) The renovation, major rehabilitation, graphic area involved; and ‘‘(3) to design and implement a commu- or conversion of buildings to be used as ‘‘(C) providing information to project spon- nity-wide process for assessing the perform- emergency shelters. sors and applicants for needs analyses and ance of the applicant and project sponsors in ‘‘(2) The provision of essential services, in- funding priorities. meeting the purposes of this Act. cluding services concerned with employ- ‘‘(c) RESERVATION.—The Secretary may re- ‘‘(f) UNIFIED FUNDING.— ment, health, education, family support serve not more than 1 percent of the funds ‘‘(1) IN GENERAL.—In addition to the duties services for homeless youth, alcohol or drug described in subsection (e), a collaborative made available for any fiscal year for car- abuse prevention or treatment, or mental applicant shall receive from the Secretary rying out subtitles B and C, to make avail- health treatment, if such essential services and distribute to other project sponsors in able technical assistance under subsections have not been provided by the local govern- the applicable geographic area funds for (a) and (b). ment during any part of the immediately projects to be carried out by such other ‘‘SEC. 405. APPEALS. preceding 12-month period, or the use of as- project sponsors, if— ‘‘(a) IN GENERAL.—Not later than 3 months sistance under this subtitle would com- ‘‘(A) the collaborative applicant— after the date of enactment of the Commu- plement the provision of those essential ‘‘(i) applies to undertake such collection nity Partnership to End Homelessness Act of services. and distribution responsibilities in an appli- 2007, the Secretary shall establish a timely ‘‘(3) Maintenance, operation, insurance, cation submitted under this subtitle; and appeal procedure for grant amounts awarded provision of utilities, and provision of fur- ‘‘(ii) is selected to perform such respon- or denied under this subtitle pursuant to an nishings. sibilities by the Secretary; or application for funding. ‘‘(4) Housing relocation or stabilization ‘‘(B) the Secretary designates the collabo- ‘‘(b) PROCESS.—The Secretary shall ensure services for individuals and families at risk rative applicant as the unified funding agen- that appeals procedure established under of homelessness, including housing search, cy in the geographic area, after— subsection (a) permits appeals submitted mediation or outreach to property owners, ‘‘(i) a finding by the Secretary that the ap- by— legal services, credit repair, providing secu- plicant— ‘‘(1) collaborative applicants; rity or utility deposits, short- or medium- ‘‘(I) has the capacity to perform such re- ‘‘(2) entities carrying out homeless housing term rental assistance, assistance with mov- sponsibilities; and and services projects (including emergency ing costs, or other activities that are effec- ‘‘(II) would serve the purposes of this Act shelters and homelessness prevention pro- tive at— as they apply to the geographic area; and grams); and ‘‘(A) stabilizing individuals and families in ‘‘(ii) the Secretary provides the collabo- ‘‘(3) homeless planning bodies not estab- their current housing; or rative applicant with the technical assist- lished as collaborative applicants.’’; and ‘‘(B) quickly moving such individuals and ance necessary to perform such responsibil- (6) by inserting after section 406 (as redes- families to other housing before such indi- ities as such assistance is agreed to by the ignated in paragraph (2)) the following: viduals and families become homeless.’’; collaborative applicant. ‘‘SEC. 407. AUTHORIZATION OF APPROPRIATIONS. (5) by repealing section 417 (42 U.S.C. ‘‘(2) REQUIRED ACTIONS BY A UNIFIED FUND- ‘‘There are authorized to be appropriated 11377); and ING AGENCY.—A collaborative applicant that to carry out this title $1,800,000,000 for fiscal (6) by redesignating section 418 as section is either selected or designated as a unified year 2008 and such sums as may be necessary 417. funding agency for a geographic area under for fiscal years 2009, 2010, 2011, and 2012.’’. SEC. 6. HOMELESS ASSISTANCE PROGRAM. paragraph (1) shall— SEC. 5. EMERGENCY HOMELESSNESS PREVEN- Subtitle C of title IV of the McKinney- ‘‘(A) require each project sponsor who is TION AND SHELTER GRANTS PRO- Vento Homeless Assistance Act (42 U.S.C. funded by a grant received under subtitle C GRAM. 11381 et seq.) is amended— to establish such fiscal control and fund ac- Subtitle B of title IV of the McKinney- (1) by striking the subtitle heading and in- counting procedures as may be necessary to Vento Homeless Assistance Act (42 U.S.C. serting the following: assure the proper disbursal of, and account- 11371 et seq.) is amended— ‘‘Subtitle C—Homeless Assistance Program’’; ing for, Federal funds awarded to the project (1) by striking the subtitle heading and in- sponsor under subtitle C in order to ensure serting the following: (2) by striking sections 421 through 424 (42 that all financial transactions carried out U.S.C. 11381 et seq.) and inserting the fol- ‘‘Subtitle B—Emergency Homelessness lowing: under subtitle C are conducted, and records Prevention and Shelter Grants Program’’; maintained, in accordance with generally ac- ‘‘SEC. 421. PURPOSES. (2) by striking section 412 (42 U.S.C. 11372) cepted accounting principles; and ‘‘The purposes of this subtitle are— and inserting the following: ‘‘(B) arrange for an annual survey, audit, ‘‘(1) to promote community-wide commit- or evaluation of the financial records of each ‘‘SEC. 412. GRANT ASSISTANCE. ment to the goal of ending homelessness; project carried out by a project sponsor fund- ‘‘The Secretary shall make grants to ‘‘(2) to provide funding for efforts by non- ed by a grant received under subtitle C. States and local governments (and to private profit providers and State and local govern- nonprofit organizations providing assistance ments to quickly rehouse homeless individ- ‘‘(g) CONFLICT OF INTEREST.—No board to persons experiencing homelessness, in the uals and families while minimizing the trau- member of a collaborative applicant may case of grants made with reallocated ma and dislocation caused to individuals, participate in decisions of the collaborative amounts) for the purpose of carrying out ac- families, and communities by homelessness; applicant concerning the award of a grant, or tivities described in section 414. ‘‘(3) to promote access to, and effective uti- provision of other financial benefits, to such ‘‘SEC. 412A. AMOUNT AND ALLOCATION OF AS- lization of, mainstream programs identified member or the organization that such mem- SISTANCE. by the Government Accountability Office in ber represents.’’; ‘‘(a) IN GENERAL.—Of the amount made the 2 reports described in section 102(a)(5)(B) (5) by inserting after section 403 (as redes- available to carry out this subtitle and sub- and programs funded with State or local re- ignated in paragraph (2)) the following: title C for a fiscal year, the Secretary shall sources; and

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00307 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.254 S24MYPT1 bajohnson on PRODPC74 with SENATE S6884 CONGRESSIONAL RECORD — SENATE May 24, 2007 ‘‘(4) to optimize self-sufficiency among in- in paragraph (1), the Secretary shall obligate ‘‘(7) Provision of rehousing services, in- dividuals and families experiencing home- the funds for the grant involved. cluding housing search, mediation or out- lessness. ‘‘(3) DISTRIBUTION.—A unified funding agen- reach to property owners, credit repair, pro- ‘‘SEC. 422. COMMUNITY HOMELESS ASSISTANCE cy that receives funds through a grant under viding security or utility deposits, rental as- PROGRAM. this section— sistance for a final month at a location, as- ‘‘(a) PROJECTS.—The Secretary shall award ‘‘(A) shall distribute the funds to project sistance with moving costs, or other activi- grants, on a competitive basis, and using the sponsors (in advance of expenditures by the ties that— selection criteria described in section 427, to project sponsors); and ‘‘(A) are effective at moving homeless indi- carry out eligible activities under this sub- ‘‘(B) shall distribute the appropriate por- viduals and families immediately into hous- title for projects that meet the program re- tion of the funds to a project sponsor not ing; or quirements under section 426, either by di- later than 45 days after receiving a request ‘‘(B) may benefit individuals and families rectly awarding funds to project sponsors or for such distribution from the project spon- who in the prior 6 months have been home- by awarding funds to unified funding agen- sor. less, but are currently residing in permanent cies. ‘‘(4) EXPENDITURE OF FUNDS.—The Sec- housing. ‘‘(b) NOTIFICATION OF FUNDING AVAIL- retary may establish a date by which funds ‘‘(8) In the case of a collaborative applicant ABILITY.—The Secretary shall release a Noti- made available through a grant announced that is a legal entity, performance of the du- fication of Funding Availability for grants under subsection (c)(2) for a homeless assist- ties described under section 402(e)(3). awarded under this subtitle for a fiscal year ance project shall be entirely expended by ‘‘(9) Operation of, participation in, and en- not later than 3 months after the date of en- the recipient or project sponsors involved. suring consistent participation by project actment of the appropriate Act making ap- The Secretary shall recapture the funds not sponsors in, a community-wide homeless propriations for the Department of Housing expended by such date. The Secretary shall management information system. and Urban Development for the fiscal year. ‘‘(c) APPLICATIONS.— reallocate the funds for another homeless as- ‘‘(10) In the case of a collaborative appli- ‘‘(1) SUBMISSION TO THE SECRETARY.—To be sistance and prevention project that meets cant that is a legal entity, payment of ad- eligible to receive a grant under subsection the requirements of this subtitle to be car- ministrative costs related to meeting the re- (a), a project sponsor or unified funding ried out, if possible and appropriate, in the quirements described in paragraphs (1) and agency in a geographic area shall submit an same geographic area as the area served (2) of section 402(e), for which the collabo- application to the Secretary at such time through the original grant. rative applicant may use not more than 3 and in such manner as the Secretary may re- ‘‘(e) RENEWAL FUNDING FOR UNSUCCESSFUL percent of the total funds made available in quire, and containing— APPLICANTS.—The Secretary may renew the geographic area under this subtitle for ‘‘(A) such information as the Secretary de- funding for a specific project previously such costs, in addition to funds used under termines necessary— funded under this subtitle that the Secretary paragraph (10). ‘‘(i) to determine compliance with the pro- determines meets the purposes of this sub- ‘‘(11) In the case of a collaborative appli- gram requirements and selection criteria title, and was included as part of a total ap- cant that is a unified funding agency under under this subtitle; and plication that met the criteria of subsection section 402(f), payment of administrative ‘‘(ii) to establish priorities for funding (c), even if the application was not selected costs related to meeting the requirements of projects in the geographic area. to receive grant assistance. The Secretary that section, for which the unified funding ‘‘(2) ANNOUNCEMENT OF AWARDS.—The Sec- may renew the funding for a period of not agency may use not more than 3 percent of retary shall announce, within 4 months after more than 1 year, and under such conditions the total funds made available in the geo- the last date for the submission of applica- as the Secretary determines to be appro- graphic area under this subtitle for such tions described in this subsection for a fiscal priate. costs, in addition to funds used under para- year, the grants conditionally awarded under ‘‘(f) CONSIDERATIONS IN DETERMINING RE- graph (10). subsection (a) for that fiscal year. NEWAL FUNDING.—When providing renewal ‘‘(12) Payment of administrative costs to ‘‘(d) OBLIGATION, DISTRIBUTION, AND UTILI- funding for leasing or rental assistance for project sponsors, for which each project ZATION OF FUNDS.— permanent housing, the Secretary shall take sponsor may use not more than 5 percent of ‘‘(1) REQUIREMENTS FOR OBLIGATION.— into account increases in the fair market the total funds made available to that ‘‘(A) IN GENERAL.—Not later than 9 months rents for modest rental property in the geo- project sponsor through this subtitle for after the announcement referred to in sub- graphic area. such costs. section (c)(2), each recipient of a grant an- ‘‘(g) MORE THAN 1 APPLICATION FOR A GEO- ‘‘(b) MINIMUM GRANT TERMS.—The Sec- nounced under such subsection shall, with GRAPHIC AREA.—If more than 1 collaborative retary may impose minimum grant terms of respect to a project to be funded through applicant applies for funds for a geographic up to 5 years for new projects providing per- such grant, meet, or cause the project spon- area, the Secretary shall award funds to the manent housing. sor to meet, all requirements for the obliga- collaborative applicant with the highest ‘‘(c) USE RESTRICTIONS.— tion of funds for such project, including site score based on the selection criteria set forth ‘‘(1) ACQUISITION, REHABILITATION, AND NEW control, matching funds, and environmental in section 427. CONSTRUCTION.—A project that consists of ac- review requirements, except as provided in ‘‘SEC. 423. ELIGIBLE ACTIVITIES. tivities described in paragraph (1) or (2) of subparagraph (C). ‘‘(a) IN GENERAL.—The Secretary may subsection (a) shall be operated for the pur- ‘‘(B) ACQUISITION, REHABILITATION, OR CON- award grants to project sponsors under sec- pose specified in the application submitted STRUCTION.—Not later than 15 months after tion 422 to carry out homeless assistance for the project under section 422 for not less the announcement referred to in subsection projects that consist of 1 or more of the fol- than 15 years. (c)(2), each recipient of a grant announced lowing eligible activities: ‘‘(2) OTHER ACTIVITIES.—A project that con- under such subsection seeking the obligation ‘‘(1) Construction of new housing units to sists of activities described in any of para- of funds for acquisition of housing, rehabili- provide transitional or permanent housing to graphs (3) through (12) of subsection (a) shall tation of housing, or construction of new homeless individuals and families. be operated for the purpose specified in the housing for a grant announced under such ‘‘(2) Acquisition or rehabilitation of a application submitted for the project under subsection shall meet all requirements for structure to provide supportive services or to section 422 for the duration of the grant pe- the obligation of those funds, including site provide transitional or permanent housing, riod involved. control, matching funds, and environmental other than emergency shelter, to homeless ‘‘(3) CONVERSION.—If the recipient or review requirements. individuals and families. project sponsor carrying out a project that ‘‘(C) EXTENSIONS.—At the discretion of the ‘‘(3) Leasing of property, or portions of provides transitional or permanent housing Secretary, and in compelling circumstances, property, not owned by the recipient or submits a request to the collaborative appli- the Secretary may extend the date by which project sponsor involved, for use in providing cant or unified funding agency involved to a recipient of a grant announced under sub- transitional or permanent housing to home- carry out instead a project for the direct section (c)(2) shall meet or cause a project less individuals and families, or providing benefit of low-income persons, and the col- sponsor to meet the requirements described supportive services to homeless individuals laborative applicant or unified funding agen- in subparagraphs (A) and (B) if the Secretary and families. cy determines that the initial project is no determines that compliance with the re- ‘‘(4) Provision of rental assistance to pro- longer needed to provide transitional or per- quirements was delayed due to factors be- vide transitional or permanent housing to manent housing, the collaborative applicant yond the reasonable control of the recipient homeless individuals and families. The rent- or unified funding agency may recommend or project sponsor. Such factors may include al assistance may include tenant-based or that the Secretary approve the project de- difficulties in obtaining site control for a project-based rental assistance. scribed in the request and authorize the re- proposed project, completing the process of ‘‘(5) Payment of operating costs for hous- cipient or project sponsor to carry out that obtaining secure financing for the project, or ing units assisted under this subtitle. project. If the collaborative applicant or uni- completing the technical submission require- ‘‘(6) Provision of supportive services to fied funding agency is the recipient or ments for the project. homeless individuals and families, or indi- project sponsor, it shall submit such a re- ‘‘(2) OBLIGATION.—Not later than 45 days viduals and families who in the prior 6 quest directly to the Secretary who shall de- after a recipient meets or causes a project months have been homeless but are cur- termine if the conversion of the project is sponsor to meet the requirements described rently residing in permanent housing. appropriate.

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‘‘(d) REPAYMENT OF ASSISTANCE AND PRE- the discretion of the Secretary, the best per- ‘‘(A) actively encouraged homeless individ- VENTION OF UNDUE BENEFITS.— formance based on the criteria described uals and families to participate in homeless ‘‘(1) REPAYMENT.—If a recipient (or a under subsection (d). assistance services available in that geo- project sponsor receiving funds from the re- ‘‘(5) TIME LIMIT ON DESIGNATION.—The des- graphic area; and cipient) receives assistance under section 422 ignation of any collaborative applicant as a ‘‘(B) included each homeless individual or to carry out a project that consists of activi- high-performing community under this sub- family who sought homeless assistance serv- ties described in paragraph (1) or (2) of sub- section shall be effective only for the year in ices in the data system used by that commu- section (a) and the project ceases to provide which such designation is made. The Sec- nity for determining compliance with this transitional or permanent housing— retary, on an annual basis, may renew any subsection. ‘‘(A) earlier than 10 years after operation such designation. ‘‘(4) If recipients in the geographic area of the project begins, the Secretary shall re- ‘‘(b) APPLICATION TO BEAHIGH-PER- have used funding awarded under section quire the recipient (or the project sponsor re- FORMING COMMUNITY.— 422(a) for eligible activities described under ceiving funds from the recipient) to repay 100 ‘‘(1) IN GENERAL.—A collaborative appli- section 1003 in previous years based on the percent of the assistance; or cant seeking designation as a high-per- authority granted under subsection (c), that ‘‘(B) not earlier than 10 years, but earlier forming community under subsection (a) such activities were effective at reducing the than 15 years, after operation of the project shall submit an application to the Secretary number of individuals and families who be- begins, the Secretary shall require the re- at such time, and in such manner as the Sec- came homeless in that community. cipient (or the project sponsor receiving retary may require. funds from the recipient) to repay 20 percent ‘‘(2) CONTENT OF APPLICATION.—In any ap- ‘‘(e) COOPERATION AMONG ENTITIES.—A col- of the assistance for each of the years in the plication submitted under paragraph (1), a laborative applicant designated as a high- 15-year period for which the project fails to collaborative applicant shall include in such performing community under this section provide that housing. application— shall cooperate with the Secretary in distrib- ‘‘(2) PREVENTION OF UNDUE BENEFITS.—Ex- ‘‘(A) a report showing how any money re- uting information about successful efforts cept as provided in paragraph (3), if any ceived under this subtitle in the preceding within the geographic area represented by property is used for a project that receives year was expended; and the collaborative applicant to reduce home- assistance under subsection (a) and consists ‘‘(B) information that such applicant can lessness.’’ ; of activities described in paragraph (1) or (2) meet the requirements described under sub- (3) in section 426 (42 U.S.C. 11386)— of subsection (a), and the sale or other dis- section (d). (A) by striking subsection (a) and inserting position of the property occurs before the ex- ‘‘(3) PUBLICATION OF APPLICATION.—The the following: piration of the 15-year period beginning on Secretary shall— ‘‘(a) SITE CONTROL.—The Secretary shall the date that operation of the project begins, ‘‘(A) publish any report or information require that each application include reason- the recipient (or the project sponsor receiv- submitted in an application under this sec- able assurances that the applicant will own ing funds from the recipient) who received tion in the geographic area represented by or have control of a site for the proposed the assistance shall comply with such terms the collaborative applicant; and project not later than the expiration of the and conditions as the Secretary may pre- ‘‘(B) seek comments from the public as to 12-month period beginning upon notification scribe to prevent the recipient (or a project whether the collaborative applicant seeking of an award for grant assistance, unless the sponsor receiving funds from the recipient) designation as a high-performing community application proposes providing supportive from unduly benefitting from such sale or meets the requirements described under sub- housing assistance under section 423(a)(3) or disposition. section (d). housing that will eventually be owned or ‘‘(3) EXCEPTION.—A recipient (or a project ‘‘(c) USE OF FUNDS.— controlled by the families and individuals sponsor receiving funds from the recipient) ‘‘(1) BY PROJECT SPONSORS IN A HIGH-PER- served. An applicant may obtain ownership shall not be required to make the repay- FORMING COMMUNITY.—Funds awarded under or control of a suitable site different from ments, and comply with the terms and condi- section 422(a) to a project sponsor who is lo- the site specified in the application. If any tions, required under paragraph (1) or (2) if— cated in a high-performing community may recipient (or project sponsor receiving funds ‘‘(A) the sale or disposition of the property be used— from the recipient) fails to obtain ownership used for the project results in the use of the ‘‘(A) for any of the eligible activities de- or control of the site within 12 months after property for the direct benefit of very low-in- scribed in section 423; or notification of an award for grant assistance, come persons; ‘‘(B) for any of the eligible activities de- the grant shall be recaptured and reallocated ‘‘(B) all of the proceeds of the sale or dis- scribed in section 1003. under this subtitle.’’; position are used to provide transitional or ‘‘(2) COMMUNITY HOMELESSNESS PREVENTION (B) by striking subsection (b) and inserting permanent housing meeting the require- FUNDS.— the following: ments of this subtitle; or ‘‘(A) IN GENERAL.—Funds used for activi- ‘‘(C) there are no individuals and families ties that are eligible under section 1003 but ‘‘(b) REQUIRED AGREEMENTS.—The Sec- in the geographic area who are homeless, in not under section 423 shall be subject to— retary may not provide assistance for a pro- which case the project may serve individuals ‘‘(i) the matching requirements of section posed project under this subtitle unless the and families at risk of homelessness under 1008 rather than section 430; and collaborative applicant involved agrees— section 1004. ‘‘(ii) the other program requirements of ‘‘(1) to ensure the operation of the project ‘‘SEC. 424. FLEXIBILITY INCENTIVES FOR HIGH- title X rather than of this subtitle. in accordance with the provisions of this PERFORMING COMMUNITIES. ‘‘(B) DUTY OF SECRETARY.—The Secretary subtitle; ‘‘(a) DESIGNATION AS A HIGH-PERFORMING shall transfer any funds awarded under sec- ‘‘(2) to monitor and report to the Secretary COMMUNITY.— tion 422(a) for activities that are eligible the progress of the project; ‘‘(1) IN GENERAL.—The Secretary shall des- under section 1003 but not under section 423 ‘‘(3) to ensure, to the maximum extent ignate, on an annual basis, which collabo- from the account for this subtitle to the ac- practicable, that individuals and families ex- rative applicants represent high-performing count for title X. periencing homelessness are involved, communities. ‘‘(d) DEFINITION OF HIGH-PERFORMING COM- through employment, provision of volunteer ‘‘(2) CONSIDERATION.—In determining MUNITY.—For purposes of this section, the services, or otherwise, in constructing, reha- whether to designate a collaborative appli- term ‘high-performing community’ means a bilitating, maintaining, and operating facili- cant as a high-performing community under geographic area that demonstrates through ties for the project and in providing sup- paragraph (1), the Secretary shall establish reliable data that all of the following 4 re- portive services for the project; criteria to ensure that the requirements de- quirements are met for that geographic area: ‘‘(4) to require certification from all scribed under paragraphs (1)(B) and (2)(B) of ‘‘(1) The mean length of episodes of home- project sponsors that— subsection (d) are measured by comparing lessness for that geographic area— ‘‘(A) they will maintain the confidentiality homeless individuals and families under ‘‘(A) is less than 20 days; or of records pertaining to any individual or similar circumstances, in order to encourage ‘‘(B) for individuals and families in similar family provided family violence prevention projects in the geographic area to serve circumstances in the preceding year was at or treatment services through the project; homeless individuals and families with more least 10 percent less than in the year before. ‘‘(B) that the address or location of any severe barriers to housing stability. ‘‘(2) Of individuals and families— family violence shelter project assisted ‘‘(3) 2-YEAR PHASE IN.—In each of the first ‘‘(A) who leave homelessness, less than 5 under this subtitle will not be made public, 2 years after the date of enactment of this percent of such individuals and families be- except with written authorization of the per- section, the Secretary shall designate not come homeless again at any time within the son responsible for the operation of such more than 10 collaborative applicants as next 2 years; or project; high-performing communities. ‘‘(B) in similar circumstances who leave ‘‘(C) they will establish policies and prac- ‘‘(4) EXCESS OF QUALIFIED APPLICANTS.—In homelessness, the percentage of such indi- tices that are consistent with, and do not re- the event that during the 2-year period de- viduals and families who become homeless strict the exercise of rights provided by, sub- scribed under paragraph (2) more than 10 col- again within the next 2 years has decreased title B of title VII, and other laws relating to laborative applicants could qualify to be des- by at least 1⁄5 within the preceding year. the provision of educational and related ignated as high-performing communities, the ‘‘(3) The communities that compose the ge- services to individuals and families experi- Secretary shall designate the 10 that have, in ographic area have— encing homelessness;

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00309 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.254 S24MYPT1 bajohnson on PRODPC74 with SENATE S6886 CONGRESSIONAL RECORD — SENATE May 24, 2007 ‘‘(D) they will provide data and reports as ‘‘(v) jobs and income growth for homeless area and efforts needed to combat the prob- required by the Secretary pursuant to the individuals and families; lem of homelessness in the geographic area; Act; and ‘‘(vi) success at reducing the number of in- ‘‘(E) the need for the types of projects pro- ‘‘(E) if the project includes the provision of dividuals and families who become homeless; posed in the geographic area to be served and permanent housing to people with disabil- and the extent to which the prioritized programs ities, the housing will be provided for not ‘‘(vii) other accomplishments by the recipi- of the recipient meet such unmet needs; more than— ent related to reducing homelessness; ‘‘(F) the extent to which the amount of as- ‘‘(i) 8 such persons in a single structure or ‘‘(B) the plan of the recipient, which shall sistance to be provided under this subtitle to contiguous structures; describe— the recipient will be supplemented with re- ‘‘(ii) 16 such persons, but only if not more ‘‘(i) how the number of individuals and sources from other public and private than 20 percent of the units in a structure families who become homeless will be re- sources, including mainstream programs are designated for such persons; or duced in the community; identified by the Government Accountability ‘‘(iii) more than 16 such persons if the ap- ‘‘(ii) how the length of time that individ- Office in the 2 reports described in section plicant demonstrates that local market con- uals and families remain homeless will be re- 102(a)(5)(B); ditions dictate the development of a large duced; and ‘‘(G) demonstrated coordination by the re- project and such development will achieve ‘‘(iii) the extent to which the recipient cipient with the other Federal, State, local, the neighborhood integration objectives of will— private, and other entities serving individ- the program within the context of the af- ‘‘(I) address the needs of all relevant sub- uals and families experiencing homelessness and at risk of homelessness in the planning fected community; populations, including— and operation of projects, to the extent prac- ‘‘(5) if a collaborative applicant is a unified ‘‘(aa) individuals with serious mental ill- ticable; funding agency under section 402(f) and re- ness, addiction disorders, HIV/AIDS and ‘‘(H) the degree to which homeless individ- ceives funds under subtitle C to carry out other prevalent disabilities; uals and families in the geographic area, in- the payment of administrative costs de- ‘‘(bb) families with children; cluding members of all relevant subpopula- scribed in section 423(a)(7), to establish such ‘‘(cc) unaccompanied youth; tions listed in subparagraph (B)(III)(I), are fiscal control and fund accounting proce- ‘‘(dd) veterans; and dures as may be necessary to assure the able to access— ‘‘(ee) other subpopulations with a risk of ‘‘(i) public benefits and services for which proper disbursal of, and accounting for, such becoming homeless; funds in order to ensure that all financial they are eligible, besides the services funded ‘‘(II) incorporate all necessary strategies under this subtitle, including public schools; transactions carried out with such funds are for reducing homelessness, including the conducted, and records maintained, in ac- and interventions referred to in section 428(d); ‘‘(ii) the benefits and services provided by cordance with generally accepted accounting ‘‘(III) set quantifiable performance meas- principles; the Department of Veterans Affairs; ures; ‘‘(I) the extent to which the opinions and ‘‘(6) to monitor and report to the Secretary ‘‘(IV) set timelines for completion of spe- the provision of matching funds as required views of the full range of people in the geo- cific tasks; graphic area are considered, including— by section 430; and ‘‘(V) identify specific funding sources for ‘‘(7) to comply with such other terms and ‘‘(i) homeless individuals and families, in- planned activities; dividuals and families at risk of homeless- conditions as the Secretary may establish to ‘‘(VI) identify an individual or body re- ness, and individuals and families who have carry out this subtitle in an effective and ef- sponsible for overseeing implementation of experienced homelessness; ficient manner.’’; specific strategies; ‘‘(ii) individuals associated with commu- (C) by redesignating subsection (d) as sub- ‘‘(VII) include a review of local policies and nity-based organizations that serve homeless section (c); practices relating to discharge planning individuals and families and individuals and (D) in subsection (c) (as redesignated in from institutions, access to benefits and families at risk of homelessness; subparagraph (C)), in the first sentence, by services from mainstream government pro- ‘‘(iii) persons who act as advocates for the striking ‘‘recipient’’ and inserting ‘‘recipient grams, and zoning and land use, to determine diverse subpopulations of individuals and or project sponsor’’; whether such local policies and practices ag- families experiencing or at risk of homeless- (E) by striking subsection (e); gravate or ameliorate homelessness in the ness; (F) by redesignating subsections (f), (g), geographic area; ‘‘(iv) relatives of individuals and families and (h), as subsections (d), (e), and (f), re- ‘‘(VIII) include interventions that will help experiencing or at risk of homelessness; spectively; reunify families that have been split up as a ‘‘(v) Federal, State, and local government (G) in subsection (e) (as redesignated in result of homelessness; and agency officials, particularly those officials subparagraph (F)), in the first sentence, by ‘‘(IX) incorporate the findings and rec- responsible for administering funding under striking ‘‘recipient’’ each place it appears ommendations of the most recently com- programs targeted for individuals and fami- and inserting ‘‘recipient or project sponsor’’; pleted annual assessments, conducted pursu- lies experiencing homelessness, and other (H) by striking subsection (i); and ant to section 2034 of title 38, United States programs for which individuals and families (I) by redesignating subsection (j) as sub- Code, of the Department of Veterans Affairs experiencing homelessness are eligible, in- section (g); medical centers or regional benefits offices cluding mainstream programs identified by (4) by repealing section 429 (42 U.S.C. whose service areas include the geographic the Government Accountability Office in the 11389); area of the recipient; 2 reports described in section 102(a)(5)(B); (5) by redesignating sections 427 and 428 (42 ‘‘(C) the methodology of the recipient used ‘‘(vi) local educational agency liaisons des- U.S.C. 11387, 11388) as sections 431 and 432, re- to determine the priority for funding local ignated under section 722(g)(1)(J)(ii), or their spectively; and projects under section 422(c)(1), including the designees; (6) by inserting after section 426 the fol- extent to which the priority-setting proc- ‘‘(vii) members of the business community; lowing: ess— ‘‘(viii) members of neighborhood advocacy ‘‘SEC. 427. SELECTION CRITERIA. ‘‘(i) uses periodically collected information organizations; and ‘‘(a) IN GENERAL.—The Secretary shall and analysis to determine the extent to ‘‘(ix) members of philanthropic organiza- award funds to recipients by a national com- which each project has resulted in rapid re- tions that contribute to preventing and end- petition between geographic areas based on turn to permanent housing for those served ing homelessness in the geographic area of criteria established by the Secretary. by the project, taking into account the se- the collaborative applicant; and ‘‘(b) REQUIRED CRITERIA.— verity of barriers faced by the people the ‘‘(J) such other factors as the Secretary de- ‘‘(1) IN GENERAL.—The criteria established project serves; termines to be appropriate to carry out this under subsection (a) shall include— ‘‘(ii) includes evaluations obtained directly subtitle in an effective and efficient manner. ‘‘(A) the previous performance of the re- from the individuals and families served by ‘‘(2) ADDITIONAL CRITERIA.—In addition to cipient regarding homelessness, measured by the project; the criteria required under paragraph (1), the criteria that shall be announced by the Sec- ‘‘(iii) evaluates whether the population criteria established under subsection (a) retary, that shall take into account barriers served by the project matches the priority shall also include the need within the geo- faced by individual homeless people, and population for that project; graphic area for homeless services, deter- that shall include— ‘‘(iv) is based on objective criteria that mined as follows and under the following ‘‘(i) the length of time individuals and fam- have been publicly announced by the recipi- conditions: ilies remain homeless; ent; ‘‘(A) NOTICE.—The Secretary shall inform ‘‘(ii) the extent to which individuals and ‘‘(v) is open to proposals from entities that each collaborative applicant, at a time con- families who leave homelessness experience have not previously received funds under current with the release of the Notice of additional spells of homelessness; this subtitle; and Funding Availability for grants under sec- ‘‘(iii) the thoroughness of grantees in the ‘‘(vi) avoids conflicts of interest in the de- tion 422(b), of the pro rata estimated need geographic area in reaching all homeless in- cision-making of the recipient; amount under this subtitle for the geo- dividuals and families; ‘‘(D) the extent to which the recipient has graphic area represented by the collabo- ‘‘(iv) overall reduction in the number of a comprehensive understanding of the extent rative applicant. homeless individuals and families; and nature of homelessness in the geographic ‘‘(B) AMOUNT.—

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‘‘(i) BASIS.—The estimated need amount any year in which available funding for that are eligible under section 1003 but not under subparagraph (A) shall be based on a grants under this subtitle would not be suffi- under section 423 from the account for this percentage of the total funds available, or es- cient to renew for 1 year existing grants that subtitle to the account for title X. timated to be available, to carry out this would otherwise be funded under this sub- ‘‘SEC. 429. RENEWAL FUNDING AND TERMS OF AS- subtitle for any fiscal year that is equal to title. SISTANCE FOR PERMANENT HOUS- the percentage of the total amount available ‘‘(5) TERMINATION.—The requirement estab- ING. for section 106 of the Housing and Commu- lished in paragraph (1) shall terminate upon ‘‘(a) IN GENERAL.—Of the total amount nity Development Act of 1974 (42 U.S.C. 5306) a finding by the Secretary that since the be- available in the account or accounts des- for the prior fiscal year that— ginning of 2001 at least 150,000 new units of ignated for appropriations for use in connec- ‘‘(I) was allocated to all metropolitan cit- permanent housing for homeless individuals tion with section 8 of the United States ies and urban counties within the geographic and families with disabilities have been Housing Act of 1937 (42 U.S.C. 1437f), the Sec- area represented by the collaborative appli- funded under this subtitle. retary shall use such sums as may be nec- cant; or ‘‘(b) MINIMUM ALLOCATION FOR PERMANENT essary for the purpose of renewing expiring ‘‘(II) would have been distributed to all HOUSING FOR HOMELESS FAMILIES WITH CHIL- contracts for leasing, rental assistance, or counties within such geographic area that DREN.—From the amounts made available to operating costs for permanent housing. are not urban counties, if the 30 percent por- carry out this subtitle for a fiscal year, a ‘‘(b) RENEWALS.—The sums made available tion of the allocation to the State involved portion equal to not less than 10 percent of under subsection (a) shall be available for (as described in subsection (d)(1) of that sec- the sums made available to carry out sub- the renewal of contracts for a 1-year term for tion 106) for that year had been distributed title B and this subtitle for that fiscal year rental assistance and housing operation among the counties that are not urban coun- shall be used to provide or secure permanent costs associated with permanent housing ties in the State in accordance with the for- housing for homeless families with children. projects funded under this subtitle, or under mula specified in that subsection (with ref- ‘‘(c) FUNDING FOR ACQUISITION, CONSTRUC- subtitle C or F (as in effect on the day before erences in that subsection to nonentitlement TION, AND REHABILITATION OF PERMANENT OR the date of enactment of the Community areas considered to be references to those TRANSITIONAL HOUSING.—Nothing in this sub- Partnership to End Homelessness Act of counties). title shall be construed to establish a limit 2007). The Secretary shall determine whether ‘‘(ii) RULE.—In computing the estimated on the amount of funding that an applicant to renew a contract for such a permanent need amount under subparagraph (A), the may request under this subtitle for acquisi- housing project on the basis of certification Secretary shall adjust the estimated need tion, construction, or rehabilitation activi- by the collaborative applicant for the geo- amount determined pursuant to clause (i) to ties for the development of permanent hous- graphic area that— ensure that— ing or transitional housing. ‘‘(1) there is a demonstrated need for the ‘‘(I) 75 percent of the total funds available, ‘‘(d) INCENTIVES FOR PROVEN STRATEGIES.— project; and or estimated to be available, to carry out ‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘(2) the project complies with program re- this subtitle for any fiscal year are allocated vide bonuses or other incentives to geo- quirements and appropriate standards of to the metropolitan cities and urban coun- graphic areas for using funding under this housing quality and habitability, as deter- ties that received a direct allocation of funds subtitle for activities that have been proven mined by the Secretary. under section 413 for the prior fiscal year; to be effective at reducing homelessness gen- ‘‘(c) CONSTRUCTION.—Nothing in this sec- and erally or reducing homelessness for a specific tion shall be construed as prohibiting the ‘‘(II) 25 percent of the total funds available, subpopulation. Secretary from renewing contracts under or estimated to be available, to carry out ‘‘(2) RULE OF CONSTRUCTION.—For purposes this subtitle in accordance with criteria set this subtitle for any fiscal year are allo- of this subsection, activities that have been forth in a provision of this subtitle other cated— proven to be effective at reducing homeless- than this section. ness generally or reducing homelessness for ‘‘(aa) to the metropolitan cities and urban ‘‘SEC. 430. MATCHING FUNDING. a specific subpopulation includes— counties that did not receive a direct alloca- ‘‘(a) IN GENERAL.—A collaborative appli- ‘‘(A) permanent supportive housing for tion of funds under section 413 for the prior cant in a geographic area in which funds are chronically homeless individuals and fami- fiscal year; and awarded under this subtitle shall specify lies; ‘‘(bb) to counties that are not urban coun- contributions that shall be made available in ‘‘(B) for homeless families, rapid rehousing ties. the geographic area in an amount equal to services, short-term flexible subsidies to ‘‘(iii) COMBINATIONS OR CONSORTIA.—For a not less than 25 percent of the funds provided overcome barriers to rehousing, support collaborative applicant that represents a to recipients in the geographic area. services concentrating on improving incomes combination or consortium of cities or coun- ‘‘(b) LIMITATIONS ON IN-KIND MATCH.—The ties, the estimated need amount shall be the to pay rent, coupled with performance meas- cash value of services provided to the resi- sum of the estimated need amounts for the ures emphasizing rapid and permanent re- dents or clients of a project sponsor by an cities or counties represented by the collabo- housing and with leveraging funding from entity other than the project sponsor may rative applicant. mainstream family service systems such as count toward the contributions in subsection ‘‘(iv) AUTHORITY OF SECRETARY.—The Sec- Temporary Assistance for Needy Families (a) only when documented by a memorandum retary may increase the estimated need and Child Welfare services; and of understanding between the project spon- amount for a geographic area if necessary to ‘‘(C) any other activity determined by the sor and the other entity that such services provide 1 year of renewal funding for all ex- Secretary, based on research and after notice will be provided. piring contracts entered into under this sub- and comment to the public, to have been ‘‘(c) COUNTABLE ACTIVITIES.—– The con- title for the geographic area. proven effective at reducing homelessness tributions required under subsection (a) may ‘‘SEC. 428. ALLOCATION AMOUNTS AND INCEN- generally or reducing homelessness for a spe- consist of— TIVES FOR SPECIFIC ELIGIBLE AC- cific subpopulation. ‘‘(1) funding for any eligible activity de- TIVITIES. ‘‘(e) INCENTIVES FOR SUCCESSFUL IMPLEMEN- scribed under section 423; and TATION OF PROVEN STRATEGIES.— ‘‘(a) MINIMUM ALLOCATION FOR PERMANENT ‘‘(2) subject to subsection (b), in-kind pro- ‘‘(1) IN GENERAL.—If any geographic area HOUSING FOR HOMELESS INDIVIDUALS AND vision of services of any eligible activity de- FAMILIES WITH DISABILITIES.— demonstrates that it has fully implemented scribed under section 423.’’. ‘‘(1) IN GENERAL.—From the amounts made any of the activities described in subsection available to carry out this subtitle for a fis- (d) for all homeless individuals and families SEC. 7. RURAL HOUSING STABILITY ASSISTANCE. Subtitle D of title IV of the McKinney- cal year, a portion equal to not less than 30 or for all members of subpopulations for Vento Homeless Assistance Act (42 U.S.C. percent of the sums made available to carry whom such activities are targeted, that geo- 11408 et seq.), as redesignated by section 9, is out subtitle B and this subtitle for that fis- graphic area shall receive the bonus or in- amended— cal year shall be used for permanent housing centive provided under subsection (d), but (1) by striking the subtitle heading and in- for homeless individuals with disabilities may use such bonus or incentive for any eli- serting the following: and homeless families that include such an gible activity under either section 423 or sec- individual who is an adult. tion 1003 for homeless people generally or for ‘‘Subtitle D—Rural Housing Stability ‘‘(2) CALCULATION.—In calculating the por- the relevant subpopulation. Assistance Program’’; and tion of the amount described in paragraph (1) ‘‘(2) USE OF FUNDS.—Bonus or incentive (2) in section 491— that is used for activities that are described funds awarded under this subsection that are (A) by striking the section heading and in- in paragraph (1), the Secretary shall not used for activities that are eligible under serting ‘‘rural housing stability grant program.’’; count funds made available to renew con- section 1003 but not under section 423 shall (B) in subsection (a)— tracts for existing projects under section 429. be subject to— (i) by striking ‘‘rural homelessness grant ‘‘(3) ADJUSTMENT.—The 30 percent figure in ‘‘(A) the matching requirements of section program’’ and inserting ‘‘rural housing sta- paragraph (1) shall be reduced proportion- 1008 rather than section 430; and bility grant program’’; ately based on need under section 427(b)(2) in ‘‘(B) the other program requirements of (ii) by inserting ‘‘in lieu of grants under geographic areas for which subsection (e) ap- title X rather than of this subtitle. subtitle C and title X’’ after ‘‘eligible organi- plies in regard to subsection (d)(2)(A). ‘‘(3) DUTY OF SECRETARY.—The Secretary zations’’; and ‘‘(4) SUSPENSION.—The requirement estab- shall transfer any bonus or incentive funds (iii) by striking paragraphs (1), (2), and (3), lished in paragraph (1) shall be suspended for awarded under this subsection for activities and inserting the following:

VerDate Aug 31 2005 10:50 May 25, 2007 Jkt 059060 PO 00000 Frm 00311 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.255 S24MYPT1 bajohnson on PRODPC74 with SENATE S6888 CONGRESSIONAL RECORD — SENATE May 24, 2007 ‘‘(1) rehousing or improving the housing ‘‘(A) funding for any eligible activity de- ‘‘TITLE X—PREVENTING HOMELESSNESS situations of individuals and families who scribed under subsection (b); and AND STABILIZING HOUSING FOR PRE- are homeless or in the worst housing situa- ‘‘(B) subject to paragraph (2), in-kind pro- CARIOUSLY HOUSED INDIVIDUALS AND tions in the geographic area; vision of services of any eligible activity de- FAMILIES ‘‘(2) stabilizing the housing of individuals scribed under subsection (b). ‘‘SEC. 1001. PURPOSES. and families who are in imminent danger of ‘‘(g) SELECTION CRITERIA.—The Secretary ‘‘The purposes of this title are— losing housing; and shall establish criteria for selecting recipi- ‘‘(1) to assist local communities to sta- ‘‘(3) improving the ability of the lowest-in- ents of grants under subsection (a), includ- bilize the housing of individuals and families come residents of the community to afford ing— who are most at risk of homelessness; and stable housing.’’; ‘‘(1) the participation of potential bene- ‘‘(2) to improve the ability of publicly (C) in subsection (b)(1)— ficiaries of the project in assessing the need funded institutions to avoid homelessness for, and importance of, the project in the (i) by redesignating subparagraphs (E), (F), among individuals and families leaving the community; and (G) as subparagraphs (I), (J), and (K), re- institutions. spectively; and ‘‘(2) the degree to which the project ad- ‘‘SEC. 1002. COMMUNITY HOMELESSNESS PRE- (ii) by striking subparagraph (D) and in- dresses the most harmful housing situations VENTION AND HOUSING STABILITY. present in the community; serting the following: ‘‘(a) PROJECTS.—The Secretary shall award ‘‘(D) construction of new housing units to ‘‘(3) the degree of collaboration with others grants to recipients, on a competitive basis provide transitional or permanent housing to in the community to meet the goals de- using the selection criteria described in sec- homeless individuals and families; scribed in subsection (a); tion 1006, to carry out eligible activities ‘‘(E) acquisition or rehabilitation of a ‘‘(4) the performance of the organization in under this title, for projects that meet the structure to provide supportive services or to improving housing situations, taking ac- program requirements established under sec- provide transitional or permanent housing, count of the severity of barriers of individ- tion 1005. other than emergency shelter, to homeless uals and families served by the organization; ‘‘(b) NOTIFICATION OF FUNDING AVAIL- individuals and families; ‘‘(5) for organizations that have previously ABILITY.—The Secretary shall release a Noti- ‘‘(F) leasing of property, or portions of received funding under this section, the ex- fication of Funding Availability for grants property, not owned by the recipient or tent of improvement in homelessness and the awarded under this title for a fiscal year not project sponsor involved, for use in providing worst housing situations in the community later than 3 months after the date of enact- transitional or permanent housing to home- since such funding began; ment of the appropriate Act making appro- less individuals and families, or providing ‘‘(6) the need for such funds, as determined priations for the Department of Housing and supportive services to homeless individuals by the formula established under section Urban Development for the fiscal year. and families; 427(b)(2); and ‘‘(c) COLLABORATIVE APPLICANT.— ‘‘(G) provision of rental assistance to pro- ‘‘(7) any other relevant criteria as deter- ‘‘(1) IN GENERAL.—A collaborative appli- vide transitional or permanent housing to mined by the Secretary.’’; cant, as such term is defined in section 401, homeless individuals and families, such rent- (H) in subsection (h)— shall for purposes of this title have the same al assistance may include tenant-based or (i) in paragraph (1)(A), by striking ‘‘pro- responsibilities as set forth under section project-based rental assistance; viding housing and other assistance to home- 402. ‘‘(H) payment of operating costs for hous- less persons’’ and inserting ‘‘meeting the ‘‘(2) DUAL ROLE ENCOURAGED.—The Sec- ing units assisted under this title;’’; goals described in subsection (a)’’; retary shall encourage the same entity (D) in subsection (b)(2), by striking ‘‘appro- (ii) in paragraph (1)(B), by inserting ‘‘in which serves as a collaborative applicant for priated’’ and inserting ‘‘transferred’’; the worst housing situations’’ after ‘‘home- purposes of subtitle C of title IV to serve as (E) in subsection (c)— lessness’’; and a collaborative applicant for purposes of this (i) in paragraph (1)(A), by striking ‘‘appro- (iii) in paragraph (2), by inserting ‘‘in the title. priated’’ and inserting ‘‘transferred’’; and worst housing situations’’ after ‘‘homeless- ‘‘(d) APPLICATIONS.— (ii) in paragraph (3), by striking ‘‘appro- ness’’; ‘‘(1) SUBMISSION TO THE SECRETARY.—A col- priated’’ and inserting ‘‘transferred’’; (I) in subsection (k)(1), by striking ‘‘rural laborative applicant shall submit an applica- (F) in subsection (d)— homelessness grant program’’ and inserting tion to the Secretary at such time and in (i) in paragraph (5), by striking ‘‘; and’’ and ‘‘rural housing stability grant program’’; such manner as the Secretary may require, inserting a semicolon; (J) in subsection (l)— and containing such information as the Sec- (ii) in paragraph (6)— (i) by striking the subsection heading and retary determines necessary to determine if (I) by striking ‘‘an agreement’’ and all that inserting ‘‘PROGRAM FUNDING.—’’; and the applicant is in compliance with— follows through ‘‘families’’ and inserting the (ii) by striking paragraph (1) and inserting ‘‘(A) program requirements established following: ‘‘a description of how individuals the following: under section 1005; and families who are homeless or who have ‘‘(1) IN GENERAL.—The Secretary shall de- ‘‘(B) the selection criteria described in sec- the lowest incomes in the community will be termine the total amount of funding attrib- tion 1006; and involved by the organization’’; and utable under both section 427(b)(2) and sec- ‘‘(C) the priorities for funding projects in (II) by striking the period at the end, and tion 1003(h) to meet the needs of any geo- the geographic area under this title. inserting a semicolon; and graphic area in the Nation that applies for ‘‘(2) COORDINATION WITH COMMUNITY HOME- (iii) by adding at the end the following: funding under this section. The Secretary LESS ASSISTANCE PROGRAM.—The Secretary ‘‘(7) a description of consultations that shall transfer any amounts determined under shall, to the maximum extent feasible, co- took place within the community to ascer- this subsection from the Community Home- ordinate the application process under this tain the most important uses for funding less Assistance Program and the grant pro- section with the application processes for under this section, including the involve- gram under section 1002 and consolidate such programs under subtitles B and C of title IV. ment of potential beneficiaries of the transferred amounts for grants under this ‘‘(3) ANNOUNCEMENT OF AWARDS.—The Sec- project; and section.’’; and retary shall announce, within 4 months after ‘‘(8) a description of the extent and nature (K) by adding at the end the following: the last date for the submission of applica- of homelessness and of the worst housing sit- ‘‘(m) DIVISION OF FUNDS.— tions described in this subsection for a fiscal uations in the community.’’; ‘‘(1) AGREEMENT AMONG GEOGRAPHIC year, the grants conditionally awarded under (G) by striking subsections (f) and (g) and AREAS.—If the Secretary receives an applica- subsection (a) for that fiscal year. inserting the following: tion or applications to provide services in a ‘‘(e) RENEWAL FUNDING FOR UNSUCCESSFUL ‘‘(f) MATCHING FUNDING.— geographic area under this subtitle, and also APPLICANTS.—The Secretary may renew ‘‘(1) IN GENERAL.—An organization eligible under subtitle C and title X, the Secretary funding for a specific project previously to receive a grant under subsection (a) shall shall consult with all applicants from the ge- funded under this title that the Secretary specify matching contributions that shall be ographic area to determine whether all agree determines is effective at preventing home- made available in an amount equal to not to proceed under either this subtitle or under lessness, and was included as part of a total less than 25 percent of the funds provided for subtitle C and title X. application that met the criteria of sub- the project or activity. ‘‘(2) DEFAULT IF NO AGREEMENT.—If no section (d)(1), even if the application was not ‘‘(2) LIMITATIONS ON IN-KIND MATCH.—The agreement is reached under paragraph (1), selected to receive grant assistance. The cash value of services provided to the bene- the Secretary shall proceed under this sub- Secretary may renew the funding for a pe- ficiaries or clients of an eligible organization title, or under subtitle C and title X, depend- riod of not more than 1 year, and under such by an entity other than the organization ing on which results in the largest total conditions as the Secretary determines to be may count toward the contributions in para- grant funding to the geographic area.’’. appropriate. graph (1) only when documented by a memo- ‘‘(f) MORE THAN 1 APPLICATION FOR A GEO- SEC. 8. FUNDS TO PREVENT HOMELESSNESS AND randum of understanding between the orga- STABILIZE HOUSING FOR PRECAR- GRAPHIC AREA.—If more than 1 collaborative nization and the other entity that such serv- IOUSLY HOUSED INDIVIDUALS AND applicant applies for funds for a geographic ices will be provided. FAMILIES. area, the Secretary shall award funds to the ‘‘(3) COUNTABLE ACTIVITIES.—The contribu- The McKinney-Vento Homeless Assistance collaborative applicant with the highest tions required under paragraph (1) may con- Act (42 U.S.C. 11301 et seq.) is amended by in- score based on the selection criteria set forth sist of— serting after title IX the following: in section 1006.

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‘‘SEC. 1003. ELIGIBLE ACTIVITIES. ‘‘(b) REQUIRED CRITERIA.—The criteria es- SEC. 9. REPEALS AND CONFORMING AMEND- ‘‘The Secretary may award grants to quali- tablished under subsection (a) shall include— MENTS. fied recipients under section 1002 to carry ‘‘(1) the previous performance of the recipi- (a) REPEALS.—Subtitles D, E, and F of title out homeless prevention projects that con- ent regarding stabilizing housing and pre- IV of the McKinney-Vento Homeless Assist- sist of 1 or more of the following eligible ac- venting homelessness, measured by criteria ance Act (42 U.S.C. 11391 et seq., 11401 et seq., tivities: that shall be announced by the Secretary, and 11403 et seq.) are repealed. ‘‘(1) Leasing of property, or portions of that shall take into account barriers faced (b) CONFORMING AMENDMENT.—Subtitle G property, not owned by the recipient in- by individuals and families at risk of home- of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11408 et seq.) is volved, for use in providing short-term or lessness; amended by redesignating subtitle G as sub- medium-term housing to people at risk of ‘‘(2) the plan of the recipient, which shall title D. homelessness, or providing supportive serv- describe— ices to people at risk of homelessness. ‘‘(A) how the number of individuals and SEC. 10. EFFECTIVE DATE. This Act shall take effect 6 months after ‘‘(2) Provision of rental assistance to pro- families who become homeless will be re- the date of enactment of this Act. vide short-term or medium-term housing to duced in the community; and people at risk of homelessness. The rental ‘‘(B) how the length of time that individ- By Mr. CARDIN (for himself and assistance may include tenant-based or uals and families remain homeless will be re- project-based rental assistance. duced; Mr. SPECTER): ‘‘(3) Payment of operating costs for hous- ‘‘(3) all of the criteria established under S. 1519. A bill to amend title XVIII of ing units assisted under this title. section 427(b)(1)(B)(iii); the Social Security Act to provide for ‘‘(4) Supportive services for people at risk ‘‘(4) the methodology used by the recipient a transition to a new voluntary quality of homelessness. to determine the priority for funding local reporting program for physicians and ‘‘(5) Housing relocation or stabilization projects under section 1002(d)(1), including other health professionals; to the Com- services, including housing search, medi- use of the same methodology used in section mittee on Finance. ation or outreach to property owners, legal 427(b)(1)(C); Mr. CARDIN. Mr. President, today I services, credit repair, providing security or ‘‘(5) the degree to which services are to be rise to introduce the Voluntary Medi- utility deposits, rental assistance for a final provided by the recipient to those individ- care Quality Reporting Act of 2007. I month at a location, assistance with moving uals and families most at risk of homeless- thank my good friend, the gentleman costs, or other activities that are effective at ness; and stabilizing individuals and families in their ‘‘(6) all of the criteria established under— from Pennsylvania, Mr. SPECTER, for current housing or quickly moving them to ‘‘(A) subparagraphs (D) through (J) of sub- joining me in this effort. This is an im- other housing. section (b)(1) of section 427; and portant bill for tens of millions of ‘‘(6) In the case of a collaborative applicant ‘‘(B) subsection (b)(2) of section 427. Medicare beneficiaries, for the physi- that is a legal entity payment of administra- ‘‘SEC. 1007. ELIGIBLE GRANT RECIPIENTS. cians, nurse practitioners and allied tive costs related to meeting the require- ‘‘The Secretary may make grants under health professionals who treat them, ments of section 1002(c), for which the col- this title to States, local governments, or and for the future of the Medicare pro- laborative applicant may use not more than nonprofit corporations. gram. 3 percent of the total funds made available in ‘‘SEC. 1008. MATCHING REQUIREMENT. At the end of this year, providers will the geographic area under this subtitle. ‘‘(a) IN GENERAL.—A collaborative appli- again face the prospect of an across- ‘‘(7) In the case of a collaborative applicant cant in a geographic area in which funds are that is a unified funding agency, as such the-board cut in their Medicare reim- awarded under this title shall specify con- bursements. The scheduled cut for 2008 term is defined under section 402, payment of tributions that shall be made available in administrative costs related to meeting the that geographic area, in an amount equal to is the largest ever, 9.9 percent. These requirements of serving as such an agency, not less than 25 percent of the Federal funds cuts are the result of a flawed reim- for which the collaborative applicant may provided under the grant, except that when bursement system created in 1997 that use not more than 3 percent of the total services are provided to individuals and fam- uses the Sustainable Growth Rate for- funds made available in the geographic area ilies who are or were within the past 2 years mula, or SGR, to determine an accept- under this title. residents of institutions or systems of care able increase in the growth of provider ‘‘SEC. 1004. ELIGIBLE CLIENTS FOR FUNDED funded, in whole or in part, by State or local expenditures. PROJECTS. government, including prison, jail, child wel- Medicare reimbursements increase ‘‘(a) RULE OF CONSTRUCTION.—For purposes fare, and hospitals (including mental hos- of this title, ‘individuals and families at risk when the previous year’s payments do pitals), for periods exceeding 2 years, then not exceed a target level that is based of homelessness’ means individuals and fami- the collaborative applicant shall specify con- lies who meet all of the following criteria: tributions that shall be made available in an on the growth of our economy. How- ‘‘(1) Have incomes below 20 percent of the amount equal to not less than 60 percent of ever, when the previous year’s pay- median for the geographic area, adjusted for the Federal funds provided under the grant. ments exceed that target level, reim- household size. ‘‘(b) LIMITATIONS ON IN-KIND MATCH.—The bursements are cut. According to ‘‘(2) Have moved frequently due to eco- cash value of services provided to the resi- MedPAC, the SGR formula would re- nomic reasons, are living in the home of an- dents or clients of a recipient of a grant duce Medicare provider reimburse- other due to economic hardship, have been under this title by an entity other than the notified that their right to occupy their cur- ments by 40 percent over the next eight recipient may count toward the contribu- years if Congress does not act. MedPAC rent housing or living situation will be ter- tions in subsection (a) only when docu- minated, live in severely overcrowded hous- mented by a memorandum of understanding is also concerned that over the next ing, or otherwise live in housing that has between the recipient and the other entity several years these reductions ‘‘would characteristics associated with instability that such services will be provided. threaten beneficiary access to physi- and increased risk of homelessness as deter- ‘‘(c) COUNTABLE ACTIVITIES.—– The con- cian services over time, particularly mined by the Secretary. tributions required under subsection (a) may those provided by primary care physi- ‘‘(3) Have insufficient resources imme- consist of— cians.’’ MedPAC recognizes the impor- diately available to attain housing stability. ‘‘(1) funding for any eligible activity de- tance of provider participation in the ‘‘(b) WAIVER AUTHORITY.—The Secretary scribed under section 423 or section 1003; and Medicare program, particularly in our my waive any of the criteria described in ‘‘(2) subject to subsection (b), in-kind pro- subsection (a) in a geographic area upon a vision of services of any eligible activity de- rural and underserved urban areas finding that all individuals and families who scribed under section 423 or section 1003. where the decision to not accept new meet such criteria in the geographic area ‘‘SEC. 1009. REGULATIONS. Medicare patients can make all the dif- will be served under this title, and that indi- ‘‘The Secretary shall promulgate regula- ference in seniors’ access to medical viduals and families in the geographic area tions to carry out this title. care. who do not meet the criteria described in ‘‘SEC. 1010. REPORT TO CONGRESS. Congress recognizes this as well, and subsection (a) remain at risk of homeless- ‘‘Not later than 1 year after the date of en- so we have intervened to prevent ness. actment of the Community Partnership to scheduled cuts resulting from SGR ‘‘SEC. 1005. PROGRAM REQUIREMENTS. End Homelessness Act of 2007, the Secretary from taking effect. For all except the ‘‘The program requirements set forth shall report to Congress on the accomplish- newest members of this body, this under section 426 shall apply to projects ments of the program in this title. funded under this title. process of enacting a ‘‘physician fix’’ is ‘‘SEC. 1011. AUTHORIZATION OF APPROPRIA- a familiar scenario. For the past four ‘‘SEC. 1006. SELECTION CRITERIA. TIONS. ‘‘(a) IN GENERAL.—The Secretary shall ‘‘There are authorized to be appropriated years, Congress has acted to prevent award funds to recipients by a national com- to carry out this title $250,000,000 for fiscal these cuts to providers, usually petition based on criteria established by the year 2008, and such sums as may be necessary through a last-minute provision added Secretary. for fiscal years 2009, 2010, 2011, and 2012.’’. to a must-pass bill.

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00313 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.255 S24MYPT1 bajohnson on PRODPC74 with SENATE S6890 CONGRESSIONAL RECORD — SENATE May 24, 2007 In the 109th Congress, I introduced actively engaged in developing and im- Allowing physicians and other eligi- bipartisan legislation implementing plementing an effective reporting sys- ble professionals to continue reporting MedPAC’s recommendations and call- tem because they are on the front lines to the Secretary quality measures de- ing for Congress to repeal the SGR for- of health care delivery, and they best veloped for 2007, in order for the Sec- mula and update provider reimburse- understand the nexus between care de- retary to refine systems for reporting ments by the cost of care. Replacing livery and quality measurement. The quality measures; SGR will require a thoughtful and pro- development process for quality meas- After completion of the evaluation, tracted process involving the input of ures must be transparent and con- phasing in a permanent Voluntary lawmakers and the provider commu- sistent for all health professionals be- Medicare Quality Reporting Program, nity, and it is costly, but it is some- cause they are the ones who will deter- with implementation beginning Janu- thing that we must do. mine its successful implementation. ary 1, 2010, based on a consistent set of The most recent ‘‘fix’’ was made to Additionally, quality measures rules that define an orderly and trans- the 2006 Tax Relief and Health Care should be tested across a variety of parent process of quality measure de- Act, Public Law 109–432. That law froze specialties and practice settings before velopment; payment rates, staving off an across- they are included in a reporting system Requiring that the Physician Consor- the-board cut of 5.1 percent. Congress because measures must be clinically tium for Performance Improvement of also added a quality reporting system valid to be relevant for defining qual- the American Medical Association be called the Physician Quality Reporting ity, and because physicians and health the beginning point for the designation Initiative program PQRI, which made professionals practice in a variety of of clinical areas where quality meas- providers eligible for a bonus payment settings, for example: small vs. large ures are needed; of 1.5 percent of their total allowed practices, urban vs. suburban vs. rural Having the Consortium, in collabora- Medicare charges if they report to HHS locations, office-based vs. hospital-base tion with physician specialty organiza- on certain quality measures starting in practices. tions and other eligible professional or- July 2007. Most importantly, we should not be ganizations, develop and propose qual- This new system is also known as using hastily devised quality measures ity measures to a consensus organiza- ‘‘pay-for-reporting,’’ and it is based on to justify reimbursement cuts. There tion such as the National Quality the concept that physicians should re- are some who advocate pay-for-per- Forum for endorsement; and ceive an increase in Medicare reim- formance as a way to slow the growth Prohibiting the Secretary from using bursement only once they have partici- of physician spending. They think we any measures that have not been rec- pated in extensive quality reporting. can accomplish lower physician ex- ommended by the Consortium and en- Across my State, I have heard serious penditures by setting arbitrary stand- dorsed by the consensus organization. concerns that this will lead to a man- ards and then cutting payments to I am confident that with all of these datory reporting system in the near fu- physicians who fail to meet them. But measures we will achieve a successful ture, and that we will soon see an un- across America, there are practices and effective quality reporting system tested ‘‘pay-for-performance’’ system that would face tremendous obstacles that will truly make a difference in the in place. in meeting such standards: they lack of quality of care that our Medicare bene- Now, I think all my colleagues would the information technology necessary ficiaries receive. At the end of this agree that our seniors deserve the to document and report standards in a year, as Congress moves forward to ad- highest quality care. But in our quest timely manner; they see patients with dress the physician reimbursement for improved quality, we must answer economic and language barriers that issue, I urge my colleagues to support two questions here: should we proceed will result in higher noncompliance this rational approach to promoting with an untested system of reporting rates; they treat a patient population quality and guaranteeing access to requirements just for the sake of re- for whom ethnic and racial differences care. porting, and will we actually achieve require different clinical interventions better care for our seniors via the than for other patients. Ignoring these By Mr. FEINGOLD (for himself PQRI. considerations will not only fail to dra- and Mr. SPECTER): I am very concerned about imple- matically improve quality, it will sig- S. 1521. A bill to provide information, menting reporting requirements that nificantly penalize providers who treat resources, recommendations, and fund- have not been tested. I believe that we traditionally underserved populations. ing to help State and local law enforce- must have the right process in place This bill provides an opportunity to ment enact crime prevention and inter- for defining a quality reporting system thoughtfully and carefully develop ef- vention strategies supported by rig- for services provided to Medicare bene- fective quality measures that reflect orous evidence; to the Committee on ficiaries by health care professionals. differences in practice patterns, to the Judiciary. We should not be establishing report- share our findings, and to determine Mr. FEINGOLD: Mr. President, today ing requirements for health profes- and encourage the most cost-effective I will introduce the PRECAUTION Act sionals just for the sake of reporting, methods of providing the highest qual- the Prevention Resources for Elimi- and we should not be moving forward ity care. nating Criminal Activity Using Tai- with this system until we have ade- Rather than moving forward precipi- lored Interventions in Our Neighbor- quate time to evaluate each stage of its tously in 2008 with a permanent Medi- hoods Act. It is a long name, but it development. care quality reporting system after a stands for an important principle that Current law does not provide suffi- transitional 6-month period this year, it is better to invest in precautionary cient time to assess the appropriate- as current law requires, our bill, the measures now than it is to pay the ness and effectiveness of this new sys- Voluntary Medicare Quality Reporting costs of crime both in dollars and lives tem. Nor do they take into account the Act of 2007, instead would establish a later on. I am very pleased that the fact that most physicians and other more realistic timeline for quality Senator from Pennsyivania, Mr. SPEC- health professionals have no experience measure reporting by health profes- TER, will join me as a cosponsor of this in quality reporting and do not have in sionals. It does so by: legislation. place the necessary health information Requiring the Secretary first to As the Memorial Day weekend ap- technology and administrative infra- evaluate the 6-month transitional re- proaches, there is a particular urgency structures to participate in a reporting porting system and reporting findings for this bill. Last year, Milwaukee suf- system. to the Congress by June 1, 2008; fered a devastating surge of violence The bill I am introducing today will Requiring the Secretary to under- over that holiday weekend. Just to assure that health professionals will be take demonstrations for defining ap- take one example, a gunmand opened at the center of the process for defining propriate mechanisms whereby health fire on a crowd of picnickers that in- areas where quality measures are need- professionals may provide data on cluded, according to news reports, al- ed, as well as for defining the relevant quality measures to the Secretary most 50 children. By the end of the measures themselves. Why is this im- through an appropriate medical reg- weekend, nearly 30 people were wound- portant? Health professionals must be istry; ed in shootings around the city, many

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First, the Federal Gov- health, courts, corrections, and con- neighborhoods. ernment should develop and dissemi- flict management groups need to be Violence has continued to dominate nate knowledge to State and local offi- brought together to partner toward the the news in Milwaukee ever since. cials regarding the newest and most ef- common goal of reducing violent Brandon Sprewer, a Special Olympian, fective law enforcement techniques and crime.’’ In the hearings held by the was waiting at a bus stop when he was strategies. Second, the Federal Govern- commission, these voices will all be shot and killed for his wallet. Wis- ment should provide financial support heard. In the reports filed by the com- consin Department of Justice officer for innovations that our State and mission, these perspectives will be ac- Jay Balchunas was shot and killed for local partners cannot afford to fund on knowledged. And in the pilot projects no apparent reason, the victim of a their own. With that funding, we also administered by the National Institute random robbery that turned violent. should provide the guidance, training, of Justice, these partnerships will be Shaina Mersman was shot and killed at and technical assistance to implement developed and fostered. noon in the middle of a busy shopping those innovations. Third, the Federal The PRECAUTION Act, though mod- area. She was 8 months pregnant, and Government needs to create and main- est in scope, is an important supple- she died in the middle of the street. tain effective partnerships among ment to the essential financial support And just this very month, 4-year-old agencies at all levels of government, the Federal Government provides to Jasmine Owens was shot and killed by partnerships that are crafted to ad- our state and local law enforcement partners through programs such as the a drive-by shooter. She had been skip- dress specific law enforcement chal- Byrne Justice Assistance grants and ping rope in her front yard. These are lenges. And in its implementation, the the COPS grants. When State and local but a few of the senseless deaths in a PRECAUTION Act fulfills all three of law enforcement receive Federal sup- list of names that is far too long. these principles. port for policing, they have difficult According to a report released by the The PRECAUTION Act creates a na- decisions to make on how to spend Police Executive Research Forum, Mil- tional commission to wade through the those Federal dollars. We all know that waukee’s homicide rates have in- sea of information on crime prevention prevention and intervention are inte- creased by 17 percent, robbery rates by and intervention strategies currently gral components of any comprehensive 39 percent, and aggravated assault by available and identify those programs law enforcement plan. The PRE- 85 percent in the past 2 years. While that are most ready for replication CAUTION Act not only highlights the Milwaukee has been one of those cities around the country. Over taxed law en- importance of these components, but hardest hit, cities across America are forcement officials need a simple, ac- will also help to single out some of the struggling with rising crime rates. In cessible resource to turn to that rec- best, most effective forms of preven- fact, the 2005 FBI Uniform Crime Re- ommends a few, top-tier crime preven- tion and intervention programs avail- port showed a startling increase in vio- tion and intervention programs. They able. At the same time, it will help to lent crime, reporting the largest single need a resource that will single out develop additional, cutting-edge strate- year percent increase in violent crime those existing programs that are truly gies that are supported by solid sci- in 14 years. The FBI has also reported ‘‘evidence-based,’’ programs that are entific evidence of their effectiveness. I that crime increased another 3.7 per- proven by scientifically reliable evi- am pleased that the bill has been en- cent in the first half of 2006 when com- dence to be effective. And the commis- dorsed by the National Sheriffs’ Asso- pared with the same time frame in 2005. sion created by the PRECAUTION Act ciation, the Council for Excellence in These statistics are shocking, and will provide just such a report, one Government, the American Society of they show that this is not a localized written in plain language and focused Criminology, and the Consortium of problem. Yet David Kennedy, director on pragmatic implementation issues, Social Science Associations. of the Center for Crime Prevention and approximately a year and a half after It is my sincere hope that Milwaukee Control at the John Jay College of the bill is enacted. is able to enjoy a peaceful Memorial Criminal Justice, reported in an Au- In the course of holding hearings and Day weekend this year, but I will not gust 2006 Washington Post article that, writing this first report, the commis- rest on hopes alone. As Ted ‘‘State and local officials feel aban- sion will also identify some types of Kamatchus, President of the National doned by the Federal Government. The prevention and intervention strategies Sheriffs’ Association, testified in a Federal Government must return to its that are promising but need further re- hearing before the Senate Judiciary role as a real partner in conquering search and development before they are Committee, Subcommittee on Crime crime by providing funding and ready for further implementation. and Drugs, this week, ‘‘we need a co- crafting effective approaches to key The National Institute of Justice ordinated national attack on crime, problems.’’ Something must be done at then will administer a grant program recognizing that there is no single ‘sil- the Federal level to stem the tide of vi- that will fund pilot projects in these ver bullet’ solution. Political rhetoric olence threatening our Nation. Put identified areas. The commission will must not prevail over action.’’ I urge very simply, we, as representatives of follow closely the progress of these my colleagues to listen to this advice our constituents, have an obligation to pilot projects, and at the end of the and to join Senator SPECTER and me in act. three years of the grant program, the working to get this important piece of At the same time, we have an obliga- commission will publish a second re- legislation passed. tion to act responsibly. The Federal port, providing a detailed discussion of I ask unanimous consent that the government must work in concert with each pilot project and its effectiveness. text of the bill be printed in the state and local law enforcement, with This second report will include detailed RECORD. the non profit criminal justice commu- implementation information will dis- There being no objection, the text nity, and with other branches of State cuss frankly both the successes and was ordered to be printed in the and Federal government. While we failures that arose over the course of RECORD, as follows: have an obligation to provide leader- the 3 years of the grant program. S. 1521 ship and support, we do not have the The PRECAUTION Act answers a call Be it enacted by the Senate and House of Rep- right to unilaterally take control from put out by police chiefs and mayors resentatives of the United States of America in the state and local officials on the from more than 50 cities around the Congress assembled, ground. We must also act wisely, in- country during a national conference SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as vesting our resources in crime-fighting hosted by the Police Executive Re- the ‘‘Prevention Resources for Eliminating measures that we are confident will search Forum. According to a report on Criminal Activity Using Tailored Interven- work and whose effectiveness has been the event from the Forum, these law tions in Our Neighborhoods Act of 2007’’ or demonstrated. Sometimes, small and enforcement leaders agreed that while the ‘‘PRECAUTION Act’’.

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(b) TABLE OF CONTENTS.—The table of con- (B) 2 shall be appointed by the Speaker of conduct business, and the Commission may tents of this Act is as follows: the House of Representatives, unless the establish a lesser quorum for conducting Sec. 1. Short title; table of contents. Speaker is of the same party as the Presi- hearings scheduled by the Commission. Sec. 2. Purposes. dent, in which case 1 shall be appointed by (4) RULES.—The Commission may establish Sec. 3. Definitions. the Speaker of the House of Representatives by majority vote any other rules for the con- Sec. 4. National Commission on Public Safe- and 1 shall be appointed by the minority duct of Commission business, if such rules ty Through Crime Prevention. leader of the House of Representatives; are not inconsistent with this Act or other Sec. 5. Innovative crime prevention and (C) 1 shall be appointed by the minority applicable law. intervention strategy grants. leader of the House of Representatives (in (d) PUBLIC HEARINGS.— Sec. 6. Elimination of the Red Planet Cap- addition to any appointment made under (1) IN GENERAL.—The Commission shall ital Venture Capital Program. subparagraph (B)); hold public hearings. The Commission may SEC. 2. PURPOSES. (D) 2 shall be appointed by the majority hold such hearings, sit and act at such times The purposes of this Act are to— leader of the Senate, unless the majority and places, take such testimony, and receive (1) establish a commitment on the part of leader is of the same party as the President, such evidence as the Commission considers the Federal Government to provide leader- in which case 1 shall be appointed by the ma- advisable to carry out its duties under this ship on successful crime prevention and jority leader of the Senate and 1 shall be ap- section. intervention strategies; pointed by the minority leader of the Senate; (2) FOCUS OF HEARINGS.—The Commission (2) further the integration of crime preven- and shall hold at least 3 separate public hearings, tion and intervention strategies into tradi- (E) 1 member appointed by the minority each of which shall focus on 1 of the subcat- tional law enforcement practices of State leader of the Senate (in addition to any ap- egories. and local law enforcement offices around the pointment made under subparagraph (D)). (3) WITNESS EXPENSES.—Witnesses re- country; (2) PERSONS ELIGIBLE.— (3) develop a plain-language, implementa- quested to appear before the Commission (A) IN GENERAL.—Each member of the Com- shall be paid the same fees as are paid to wit- tion-focused assessment of those current mission shall be an individual who has crime and delinquency prevention and inter- nesses under section 1821 of title 28, United knowledge or expertise in matters to be States Code. The per diem and mileage al- vention strategies that are supported by rig- studied by the Commission. lowances for witnesses shall be paid from orous evidence; (B) REQUIRED REPRESENTATIVES.—At funds appropriated to the Commission. (4) provide additional resources to the Na- least— tional Institute of Justice to administer re- (i) 2 members of the Commission shall be (e) COMPREHENSIVE STUDY OF EVIDENCE- search and development grants for promising respected social scientists with experience BASED CRIME PREVENTION AND INTERVENTION crime prevention and intervention strate- implementing or interpreting rigorous, out- STRATEGIES.— gies; come-based trials; and (1) IN GENERAL.—The Commission shall (5) develop recommendations for Federal (ii) 2 members of the Commission shall be carry out a comprehensive study of the effec- priorities for crime and delinquency preven- law enforcement practitioners. tiveness of crime and delinquency prevention tion and intervention research, development, (3) CONSULTATION REQUIRED.—The Presi- and intervention strategies, organized and funding that may augment important dent, the Speaker of the House of Represent- around the 3 subcategories. Federal grant programs, including the Ed- atives, the minority leader of the House of (2) MATTERS INCLUDED.—The study under ward Byrne Memorial Justice Assistance Representatives, and the majority leader and paragraph (1) shall include— Grant Program under subpart 1 of part E of minority leader of the Senate shall consult (A) a review of research on the general ef- title I of the Omnibus Crime Control and prior to the appointment of the members of fectiveness of incorporating crime preven- Safe Streets Act of 1968 (42 U.S.C. 3750 et the Commission to achieve, to the maximum tion and intervention strategies into an seq.), grant programs administered by the extent possible, fair and equitable represen- overall law enforcement plan; Office of Community Oriented Policing Serv- tation of various points of view with respect (B) an evaluation of how to more effec- ices of the Department of Justice, grant pro- to the matters to be studied by the Commis- tively communicate the wealth of social grams administered by the Office of Safe and sion. science research to practitioners; Drug-Free Schools of the Department of (4) TERM.—Each member shall be appointed (C) a review of evidence regarding the ef- Education, and other similar programs; and for the life of the Commission. fectiveness of specific crime prevention and (6) reduce the costs that rising violent (5) TIME FOR INITIAL APPOINTMENTS.—The intervention strategies, focusing on those crime imposes on interstate commerce. appointment of the members shall be made strategies supported by rigorous evidence; SEC. 3. DEFINITIONS. not later than 60 days after the date of en- (D) an identification of— In this Act, the following definitions shall actment of this Act. (i) promising areas for further research and apply: (6) VACANCIES.—A vacancy in the Commis- development; and (1) COMMISSION.—The term ‘‘Commission’’ sion shall be filled in the manner in which (ii) other areas representing gaps in the means the National Commission on Public the original appointment was made, and body of knowledge that would benefit from Safety Through Crime Prevention estab- shall be made not later than 60 days after the additional research and development; lished under section 4(a). date on which the vacancy occurred. (E) an assessment of the best practices for (2) RIGOROUS EVIDENCE.—The term ‘‘rig- (7) EX OFFICIO MEMBERS.—The Director of implementing prevention and intervention orous evidence’’ means evidence generated the National Institute of Justice, the Direc- strategies; by scientifically valid forms of outcome tor of the Office of Juvenile Justice and De- (F) an assessment of the best practices for evaluation, particularly randomized trials linquency Prevention, the Director of the gathering rigorous evidence regarding the (where practicable). Community Capacity Development Office, implementation of intervention and preven- (3) SUBCATEGORY.—The term ‘‘sub- the Director of the Bureau of Justice Statis- tion strategies; and category’’ means 1 of the following cat- tics, the Director of the Bureau of Justice (G) an assessment of those top-tier strate- egories: Assistance, and the Director of Community gies best suited for duplication efforts in a (A) Family and community settings (in- Oriented Policing Services (or a representa- range of settings across the country. cluding public health-based strategies). tive of each such director) shall each serve in (3) INITIAL REPORT ON TOP-TIER CRIME PRE- (B) Law enforcement settings (including an ex officio capacity on the Commission to VENTION AND INTERVENTION STRATEGIES.— probation-based strategies). provide advice and information to the Com- (A) DISTRIBUTION.—Not later than 18 (C) School settings (including antigang and mission. months after the date on which all members general antiviolence strategies). (c) OPERATION.— of the Commission have been appointed, the (4) TOP-TIER.—The term ‘‘top-tier’’ means (1) CHAIRPERSON.—At the initial meeting of Commission shall submit a public report on any strategy supported by rigorous evidence the Commission, the members of the Com- the study carried out under this subsection of the sizable, sustained benefits to partici- mission shall elect a chairperson from to— pants in the strategy or to society. among its voting members, by a vote of 2⁄3 of (i) the President; SEC. 4. NATIONAL COMMISSION ON PUBLIC SAFE- the members of the Commission. The chair- (ii) Congress; TY THROUGH CRIME PREVENTION. person shall retain this position for the life (iii) the Attorney General; (a) ESTABLISHMENT.—There is established a of the Commission. If the chairperson leaves (iv) the chief federal public defender of commission to be known as the National the Commission, a new chairperson shall be each district; Commission on Public Safety Through Crime selected, by a vote of 2⁄3 of the members of (v) the chief executive of each State; Prevention. the Commission. (vi) the Director of the Administrative Of- (b) MEMBERS.— (2) MEETINGS.—The Commission shall meet fice of the Courts of each State. (1) IN GENERAL.—The Commission shall be at the call of the chairperson. The initial (vii) the Director of the Administrative Of- composed of 9 members, of whom— meeting of the Commission shall take place fice of the United States Courts; and (A) 3 shall be appointed by the President, 1 not later than 30 days after the date on (viii) the attorney general of each State. of whom shall be the Assistant Attorney which all the members of the Commission (B) CONTENTS.—The report under subpara- General for the Office of Justice Programs or have been appointed. graph (A) shall include— a representative of such Assistant Attorney (3) QUORUM.—A majority of the members of (i) the findings and conclusions of the Com- General; the Commission shall constitute a quorum to mission;

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The National Institute of top-tier; tute of Justice; Justice shall contract with the researchers (II) a brief outline of the keys to successful (B) visits by representatives of the Com- and experts selected by the Commission to implementation for each strategy; and mission (including at least 1 member of the provide funding in exchange for their serv- (III) a list of references and other informa- Commission) to the site where the grant re- ices. tion on where further information on each cipient is carrying out the strategy with a (2) OTHER ORGANIZATIONS.—Nothing in this strategy can be found; grant under section 5, at least once in the subsection shall be construed to limit the (iii) recommended protocols for imple- second and once in the third year of that ability of the Commission to enter into con- menting crime and delinquency prevention grant; tracts with other entities or organizations and intervention strategies generally; (C) a review of the data generated by the for research necessary to carry out the du- (iv) recommended protocols for evaluating study monitoring the effectiveness of the ties of the Commission under this section. the effectiveness of crime and delinquency strategy; and (j) AUTHORIZATION OF APPROPRIATIONS.— prevention and intervention strategies; and (D) other means as necessary. There are authorized to be appropriated (v) a summary of the materials relied upon (3) MATTERS INCLUDED.—The report sub- $5,000,000 to carry out this section. by the Commission in preparation of the re- mitted under paragraph (1) shall include a (k) TERMINATION.—The Commission shall port. review of each strategy carried out with a terminate on the date that is 30 days after (C) CONSULTATION WITH OUTSIDE AUTHORI- grant under section 5, detailing— the date on which the Commission submits TIES.—In developing the recommended proto- (A) the type of crime or delinquency pre- the last report required by this section. cols for implementation and rigorous evalua- vention or intervention strategy; (l) EXEMPTION.—The Commission shall be exempt from the Federal Advisory Com- tion of top-tier crime and delinquency pre- (B) where the activities under the strategy mittee Act. vention and intervention strategies under were carried out, including geographic and this paragraph, the Commission shall con- demographic targets; SEC. 5. INNOVATIVE CRIME PREVENTION AND INTERVENTION STRATEGY GRANTS. sult with the Committee on Law and Justice (C) any partnerships with public or private (a) GRANTS AUTHORIZED.—The Director of at the National Academy of Science and with entities through the course of the grant pe- the National Institute of Justice may make national associations representing the law riod; grants to public and private entities to fund enforcement and social science professions, (D) the type and design of the effectiveness study conducted under section 5(b)(3) for the implementation and evaluation of inno- including the National Sheriffs’ Association, vative crime or delinquency prevention or the Police Executive Research Forum, the that strategy; (E) the results of the effectiveness study intervention strategies. The purpose of International Association of Chiefs of Police, grants under this section shall be to provide the Consortium of Social Science Associa- conducted under section 5(b)(3) for that strategy; funds for all expenses related to the imple- tions, and the American Society of Crimi- mentation of such a strategy and to conduct nology. (F) lessons learned regarding implementa- tion of that strategy or of the effectiveness a rigorous study on the effectiveness of that (f) RECOMMENDATIONS REGARDING DISSEMI- study conducted under section 5(b)(3), includ- strategy. NATION OF THE INNOVATIVE CRIME PREVENTION ing recommendations regarding which types (b) GRANT DISTRIBUTION.— AND INTERVENTION STRATEGY GRANTS.— of environments might best be suited for suc- (1) PERIOD.—A grant under this section (1) SUBMISSION.— cessful replication; and shall be made for a period of not more than (A) IN GENERAL.—Not later than 30 days (G) recommendations regarding the need 3 years. after the date of the final hearing under sub- for further research and development of the (2) AMOUNT.—The amount of each grant section (d) relating to a subcategory, the strategy. under this section— Commission shall provide the Director of the (h) PERSONNEL MATTERS.— (A) shall be sufficient to ensure that rig- National Institute of Justice with rec- (1) TRAVEL EXPENSES.—The members of the orous evaluations may be performed; and ommendations on qualifying considerations Commission shall be allowed travel expenses, (B) shall not exceed $2,000,000. relating to that subcategory for selecting including per diem in lieu of subsistence, at (3) EVALUATION SET-ASIDE.— grant recipients under section 5. rates authorized for employees of agencies (A) IN GENERAL.—A grantee shall use not (B) DEADLINE.—Not later than 13 months under subchapter I of chapter 57 of title 5, less than $300,000 and not more than $700,000 after the date on which all members of the United States Code, while away from their of the funds from a grant under this section Commission have been appointed, the Com- homes or regular places of business in the for a rigorous study of the effectiveness of mission shall provide all recommendations performance of service for the Commission. the strategy during the 3-year period of the required under this subsection. (2) COMPENSATION OF MEMBERS.—Members grant for that strategy. (2) MATTERS INCLUDED.—The recommenda- of the Commission shall serve without com- (B) METHODOLOGY OF STUDY.— tions provided under paragraph (1) shall in- pensation. (i) IN GENERAL.—Each study conducted clude recommendations relating to— (3) STAFF.— under subparagraph (A) shall use an eval- (A) the types of strategies for the applica- (A) IN GENERAL.—The chairperson of the uator and a study design approved by the ble subcategory that would best benefit from Commission may, without regard to the civil employee of the National Institute of Justice additional research and development; service laws and regulations, appoint and hired or assigned under subsection (c). (B) any geographic or demographic targets; terminate an executive director and such (ii) CRITERIA.—The employee of the Na- (C) the types of partnerships with other other additional personnel as may be nec- tional Institute of Justice hired or assigned public or private entities that might be per- essary to enable the Commission to perform under subsection (c) shall approve— tinent and prioritized; and its duties. The employment of an executive (I) an evaluator that has successfully car- (D) any classes of crime and delinquency director shall be subject to confirmation by ried out multiple studies producing rigorous prevention and intervention strategies that the Commission. evidence of effectiveness; and should not be given priority because of a pre- (B) COMPENSATION.—The chairperson of the (II) a proposed study design that is likely existing base of knowledge that would ben- Commission may fix the compensation of the to produce rigorous evidence of the effective- efit less from additional research and devel- executive director and other personnel with- ness of the strategy. opment. out regard to the provisions of chapter 51 and (iii) APPROVAL.—Before a grant is awarded (g) FINAL REPORT ON THE RESULTS OF THE subchapter III of chapter 53 of title 5, United under this section, the evaluator and study INNOVATIVE CRIME PREVENTION AND INTER- States Code, relating to classification of po- design of a grantee shall be approved by the VENTION STRATEGY GRANTS.— sitions and General Schedule pay rates, ex- employee of the National Institute of Justice (1) IN GENERAL.—Following the close of the cept that the rate of pay for the executive di- hired or assigned under subsection (c). 3-year implementation period for each grant rector and other personnel may not exceed (4) DATE OF AWARD.—Not later than 6 recipient under section 5, the Commission the rate payable for level V of the Executive months after the date of receiving rec- shall collect the results of the study of the Schedule under section 5316 of such title. ommendations relating to a subcategory effectiveness of that grant under section (4) DETAIL OF FEDERAL EMPLOYEES.—With from the Commission under section 4(f), the 5(b)(3) and shall submit a public report to the the affirmative vote of 2⁄3 of the members of Director of the National Institute of Justice President, the Attorney General, Congress, the Commission, any Federal Government shall award all grants under this section re- the chief executive of each State, and the at- employee, with the approval of the head of lating to that subcategory. torney general of each State describing each the appropriate Federal agency, may be de- (5) TYPE OF GRANTS.—One-third of the strategy funded under section 5 and its re- tailed to the Commission without reimburse- grants made under this section shall be made sults. This report shall be submitted not ment, and such detail shall be without inter- in each subcategory. In distributing grants, later than 5 years after the date of the selec- ruption or loss of civil service status, bene- the recommendations of the Commission tion of the chairperson of the Commission. fits, or privileges. under section 4(f) shall be considered. (2) COLLECTION OF INFORMATION AND EVI- (i) CONTRACTS FOR RESEARCH.— (6) AUTHORIZATION OF APPROPRIATIONS.— DENCE REGARDING GRANT RECIPIENTS.—The (1) NATIONAL INSTITUTE OF JUSTICE.—With a There are authorized to be appropriated Commission’s collection of information and 2⁄3 affirmative vote of the members of the $18,000,000 to carry out this subsection.

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00317 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.258 S24MYPT1 bajohnson on PRODPC74 with SENATE S6894 CONGRESSIONAL RECORD — SENATE May 24, 2007 (c) DEDICATED STAFF.— Fisheries Restoration and Irrigation ample of how our fisheries and farmers (1) IN GENERAL.—The Director of the Na- Mitigation Act of 2007, or FRIMA. Our can work together to protect fish spe- tional Institute of Justice shall hire or as- legislation extends a homegrown, com- cies throughout the Northwest. sign a full-time employee to oversee the monsense program that has a proven While he was Governor of Idaho, Inte- grants under this section. track record in helping restore North- rior Secretary Dirk Kempthorne said, (2) STUDY OVERSIGHT.—The employee of the National Institute of Justice hired or as- western salmon runs. Dollar-for-dollar, ‘‘. . . . the FRIMA program serves as an signed under paragraph (1) shall be respon- the fish screening and fish passage fa- excellent example of government and sible for ensuring that grantees adhere to cilities funded by our legislation are private land owners working together the study design approved before the applica- among the most cost-effective uses of to promote conservation. The screen- ble grant was awarded. public and private restoration dollars. ing of irrigation diversions plays a key (3) LIAISON.—The employee of the National These projects protect fish while pro- role in Idaho’s efforts to restore salm- Institute of Justice hired or assigned under ducing significant benefits. That is on populations while protecting rural paragraph (1) may be used as a liaison be- why it is important that this program tween the Commission and the recipients of economies.’’ This is from ‘‘Fisheries a grant under this section. That employee be reauthorized and funding be appro- Restoration and Irrigation Mitigation shall be responsible for ensuring timely co- priated now. Programs, fiscal year 2002–2004’’, U.S. operation with Commission requests. Since 2001, when the original Fish- Fish & Wildlife Service, Washington, (4) AUTHORIZATION OF APPROPRIATIONS.— eries Restoration and Irrigation Miti- DC, July, 2005, page 13. There are authorized to be appropriated gation Act of 2000, FRIMA, was en- The bill that we are introducing $150,000 for each of fiscal years 2008 through acted, more than $9 million in Federal today specifically extends the author- 2012 to carry out this subsection. funds has leveraged nearly $20 million ization for tbis program through 2014; (d) APPLICATIONS.—A public or private en- in private, local funding. This money tity desiring a grant under this section shall gives priority to projects costing less submit an application at such time, in such has been used to protect, enhance and than $2.5 million, a reduction in a tar- manner, and accompanied by such informa- restore more than 550 rivers miles of geted project’s cost from $5,000,000 to tion as the Director of the National Institute important fish habitat and species $2,500,000; clarifies that any Bonneville of Justice may reasonably require. throughout Oregon, Washington, Idaho Power Administration, BPA, funds pro- (e) COOPERATION WITH THE COMMISSION.— and western Montana. For decades, vided either directly or through a Grant recipients shall cooperate with the State, tribal and Federal fishery agen- grant to another entity shall be consid- Commission in providing them with full in- cies in the Pacific Northwest have formation on the progress of the strategy ered nonFederal matching funds, be- being carried out with a grant under this identified the screening of irrigation cause BPA’s funding comes from rate- section, including— and other water diversions, and im- payers; requires an inventory report (1) hosting visits by the members of the proved fish passage, as critically im- describing funded projects and their Commission to the site where the activities portant for the survival of salmon and benefits; and changes the administra- under the strategy are being carried out; other fish populations. tive expenses formula used by the Fish (2) providing pertinent information on the This program is very popular and has & Wildlife Service and the States of Or- logistics of establishing the strategy for the support of a wide range of constitu- egon, Washington, Montana and Idaho, which the grant under this section was re- ents, including community leaders, en- so that administrative costs may be ceived, including details on partnerships, se- vironmental organizations, and agri- lection of participants, and any efforts to held to a minimum while projects in publicize the strategy; and cultural producers. Senator SMITH and the field receive the majority of avail- (3) responding to any specific inquiries I are proud of the successful collabo- able funding. that may be made by the Commission. rative projects that irrigators and Ultimately, it will take the combined SEC. 6. ELIMINATION OF THE RED PLANET CAP- members of the Oregon Water Re- efforts of all interests in our region to ITAL VENTURE CAPITAL PROGRAM. sources Congress have completed while recover our salmon. State and local (a) REDUCTION OF NASA BUDGET.—Section putting this program to work in our governments, local watershed councils, 203 of the National Aeronautics and Space home State. Our program also has the private landowners and the Federal Administration Authorization Act of 2005 (42 support of Oregon Governor Ted U.S.C. 16632) is amended— Government need to continue working (1) in the matter preceding paragraph (1), Kulongoski, irrigators throughout the together. Initiatives such as the bill I by striking ‘‘$18,686,300,000’’ and inserting Northwestern States, Oregon Trout, am introducing today help to sustain ‘‘$18,680,300,000’’; and American Rivers and the National Au- the partnerships upon which successful (2) in paragraph (2), by striking dubon Society. salmon recovery will be based. ‘‘$10,903,900,000’’ and inserting FRIMA authorizes the Secretary of I look forward to working with my ‘‘$10,897,900,000’’. the Interior to establish a program to colleagues to see this legislation pass. (b) PROHIBITION.—The Administrator of the plan, design, and construct fish I ask unanimous consent that the National Aeronautics and Space Administra- screens, fish passage devices, and re- text of the bill be printed in the tion may not carry out the Red Planet Cap- lated features. It also authorizes inven- ital Venture Capital Program established by RECORD. the Administrator during the period of fiscal tories to provide the information need- There being no objection, the text of years 2008 through 2012. ed for planning and making decisions the bill was ordered to be printed in about the survival and propagation of the RECORD, as follows: By Mr. WYDEN (for himself, Mr. all Northwestern fish species. The pro- S. 1522 SMITH, Mr. CRAIG, Mrs. MUR- gram is currently carried out by the Be it enacted by the Senate and House of Rep- RAY, Ms. CANTWELL, Mr. BAU- U.S. Fish and Wildlife Service on be- resentatives of the United States of America in CUS, Mr. CRAPO, and Mr. TEST- half of the Interior Secretary. Congress assembled, ER): FRIMA provides benefits by: keeping fish out of places where they should SECTION 1. SHORT TITLE. S. 1522. A bill to amend the Bonne- This Act may be cited as the ‘‘Fisheries ville Power Administration portions of not be, such as in an irrigation system; Restoration and Irrigation Mitigation Act of the Fisheries Restoration and Irriga- easing upstream and downstream fish 2007’’. tion Mitigation Act of 2000 to authorize passage; improving the protection, sur- SEC. 2. PRIORITY PROJECTS. appropriations for fiscal years 2008 vival, and restoration of native fish Section 3(c)(3) of the Fisheries Restoration through 2014, and for other purposes; to species; helping avoid new endangered and Irrigation Mitigation Act of 2000 (16 the Committee on Energy and Natural species listings by protecting and en- U.S.C. 777 note; Public Law 106–502) is Resources. hancing the fish populations not yet amended by striking ‘‘$5,000,000’’ and insert- Mr. WYDEN. Mr. President, I am listed; making progress toward the ing ‘‘$2,500,000’’. pleased to be joined today by all Mem- delisting of listed species; utilizing a SEC. 3. COST SHARING. bers of the Senate from the Northwest: positive, win/win, public-private part- Section 7(c) of Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. Senator GORDON SMITH, Senator LARRY nership; and, assisting in achieving 777 note; Public Law 106–502) is amended— CRAIG, Senator PATTY MURRAY, Sen- both sustainable agriculture and fish- (1) by striking ‘‘The value’’ and inserting ator MARIA CANTWELL, Senator JON eries. Since FRIMA’s enactment in the following: TESTER, Senator MAX BAUCUS and Sen- 2001, 103 projects have been installed. ‘‘(1) IN GENERAL.—The value’’; and ator MIKE CRAPO in introducing the This is a true partnership and fine ex- (2) by adding at the end the following:

VerDate Aug 31 2005 09:23 May 25, 2007 Jkt 059060 PO 00000 Frm 00318 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.258 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6895 ‘‘(2) BONNEVILLE POWER ADMINISTRATION.— eral service lamps that will operate and our businesses are capable of high- ‘‘(A) IN GENERAL.—The Secretary may, more efficiently and assist in reducing er standards, the Secretary of Energy without further appropriation and without costs to consumers, business concerns, may raise these targets. fiscal year limitation, accept any amounts provided to the Secretary by the Adminis- government entities, and other users, The bill also authorizes a technology- trator of the Bonneville Power Administra- to require that general service lamps neutral research and development pro- tion. and related products manufactured or gram to help our domestic manufactur- ‘‘(B) NON-FEDERAL SHARE.—Any amounts sold in interstate commerce after 2013 ers, in partnership with our national provided by the Bonneville Power Adminis- meet those standards, and for other laboratories and universities, advance tration directly or through a grant to an- purposes; to the Committee on Energy new lighting technologies and directs other entity for a project carried under the and Natural Resources. the Secretary of Energy to educate Program shall be credited toward the non- Mr. STEVENS. Mr. President, I join consumers about the benefits of using Federal share of the costs of the project.’’. my colleagues Senator CARPER, SNOWE, newer light bulbs. SEC. 4. REPORT. Section 9 of the Fisheries Restoration and LIEBERMAN, MURKOWSKI, and LANDRIEU We recognize the concerns related to Irrigation Mitigation Act of 2000 (16 U.S.C. in introducing two important domestic new light bulbs such as mercury re- 777 note; Public Law 106–502) is amended— energy bills. lease and labeling requirements. The (1) by inserting ‘‘any’’ before ‘‘amounts are The Senate has an opportunity to bill requires the Secretary, together made’’; and save consumers $15 billion annually in with the EPA, to provide recommenda- (2) by inserting after ‘‘Secretary shall’’ the energy costs, eliminate the need for tions to Congress on how to deal with following: ‘‘, after partnering with local gov- hundreds of new power plants, prevent ernmental entities and the States in the Pa- these challenges. cific Ocean drainage area,’’. the release of tons of mercury into our The second component of this light SEC. 5. AUTHORIZATION OF APPROPRIATIONS. environment annually, reduce green- bulb package that we are introducing Section 10 of the Fisheries Restoration and house gas emissions by 3 trillion today is a bill that will ensure that our Irrigation Mitigation Act of 2000 (16 U.S.C. pounds, lead the world in the innova- Nation is capable of taking full advan- 777 note; Public Law 106–502) is amended— tion of new technologies and increase tage of America’s lighting innovation (1) in subsection (a), by striking ‘‘2001 domestic employment opportunities. through the creation of additional do- through 2005’’ and inserting ‘‘2008 through How? The good old fashion light bulb. mestic employment opportunities. This 2014’’; and Thomas Edison was one of our Na- bill provides a construction tax credit (2) in subsection (b), by striking paragraph tion’s greatest inventors. He holds (2) and inserting the following: for the costs associated with the ren- nearly 1100 patents, including the light ‘‘(2) ADMINISTRATIVE EXPENSES.— ovation and construction of domestic ‘‘(A) DEFINITION OF ADMINISTRATIVE EX- bulb. Over 125 years ago, he invented light bulb manufacturing facilities de- PENSE.—In this paragraph, the term ‘admin- the conventional incandescent light signed to produce the next generation istrative expense’ means, except as provided bulb. While most of his other inven- of lighting technology. in subparagraph (B)(iii)(II), any expenditure tions have been significantly improved I urge Senators to join my colleagues relating to— upon since then, Edison’s incandescent and me in saving consumers billions of ‘‘(i) staffing and overhead, such as the light bulb is still the most widely used dollars in electricity costs, reducing rental of office space and the acquisition of bulb today. Unfortunately, only 10 per- office equipment; and greenhouse gas emissions, tempering ‘‘(ii) the review, processing, and provision cent of the electricity that goes into energy demand, eliminating the need of applications for funding under the Pro- this light bulb is actually used to for at least dozens of new power plants gram. produce light. The remaining 90 per- annually, preventing the release of ‘‘(B) LIMITATION.— cent is often wasted as heat. tons of mercury into our environment ‘‘(i) IN GENERAL.—Not more than 6 percent Just as another Edison invention, the each year and building upon our inno- of amounts made available to carry out this phonograph, evolved into compact vation by creating additional domestic Act for each fiscal year may be used for Fed- discs and mp3 technologies, today, eral and State administrative expenses of employment opportunities for Ameri- American innovation has improved cans by supporting the Bright Idea Act carrying out this Act. upon the light bulb. This innovation ‘‘(ii) FEDERAL AND STATE SHARES.—To the of 2007 and tax incentives for domestic maximum extent practicable, of the amounts will continue. Light bulb manufactur- lighting technologies. I ask consent made available for administrative expenses ers and our hard-working Americans that the text of the bill be printed in under clause (i)— have developed technologies that are the RECORD. ‘‘(I) 50 percent shall be provided to the capable of reducing the electricity use There being no objection, the text State agencies provided assistance under the associated with conventional incandes- was ordered to be printed in the Program; and cent light bulbs from between 10 to ‘‘(II) an amount equal to the cost of 1 full- RECORD, as follows: over 50 percent. These bulbs are avail- S. 1526 time equivalent Federal employee, as deter- able today. mined by the Secretary, shall be provided to These technological and domestic Be it enacted by the Senate and House of Rep- the Federal agency carrying out the Pro- resentatives of the United States of America in gram. manufacturing capabilities can save Congress assembled, ‘‘(iii) STATE EXPENSES.—Amounts made consumers billions of dollars a year in SECTION 1. SHORT TITLE. available to States for administrative ex- energy costs. This Act may be cited as the ‘‘Bright Idea penses under clause (i)— My colleagues and I are proud to in- Act of 2007’’. ‘‘(I) shall be divided evenly among all troduce two bills that will ensure that SEC. 2. TECHNICAL STANDARDS FOR GENERAL States provided assistance under the Pro- we take advantage of these new tech- SERVICE LAMPS. gram; and nologies to save energy, save con- (a) IN GENERAL.— ‘‘(II) may be used by a State to provide (1) ESTABLISHMENT OF STANDARDS.—As soon technical assistance relating to the program, sumers on their electricity bills and as practicable after the date of enactment of including any staffing expenditures (includ- promote American ingenuity. this Act, the Secretary of Energy shall ini- ing staff travel expenses) associated with— The first is the Bright Idea Act of tiate a project to establish technical stand- ‘‘(aa) arranging meetings to promote the 2007. This bill will establish efficiency ards for general service lamps. Program to potential applicants; targets for light bulbs that will cut (2) CONSULTATION WITH INTERESTED PAR- ‘‘(bb) assisting applicants with the prepa- light bulb energy consumption by at TIES.—In carrying out the project, the Sec- ration of applications for funding under the least half in just 6 years and triple the retary shall consult with representatives of Program; and efficiency of today’s incandescent environmental organizations, labor organiza- ‘‘(cc) visiting construction sites to provide bulbs by 2018. tions, general service lamp manufacturers, technical assistance, if requested by the ap- consumer organizations, and other inter- plicant.’’. These efficiency standards are mere- ly the beginning. The bill establishes a ested parties. By Mr. STEVENS (for himself, working group of light bulb manufac- (3) MINIMUM INITIAL STANDARDS; DEAD- turers, labor unions, environmentalists LINE.—The initial technical standards estab- Mr. LIEBERMAN, Ms. SNOWE, Mr. lished shall be standards that enable those CARPER, Ms. MURKOWSKI, and and consumer groups to evaluate the general service lamps to provide levels of il- Ms. LANDRIEU): state of bulb technologies and domestic lumination equivalent to the levels of illu- S. 1526. A bill to direct the Secretary manufacturing capabilities every 3 mination provided by general service lamps of Energy to develop standards for gen- years. If the technology has advanced generally available in 2007, but with—

VerDate Aug 31 2005 10:50 May 25, 2007 Jkt 059060 PO 00000 Frm 00319 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.261 S24MYPT1 bajohnson on PRODPC74 with SENATE S6896 CONGRESSIONAL RECORD — SENATE May 24, 2007 (A) a lumens per watt rating of not less carry out this section $1,000,000 for each of ana for his long-time efforts to fight than 30 by calendar year 2013; and fiscal years 2008 through 2014. hunger in America, and for joining me (B) a lumens per watt rating of not less SEC. 5. REPORT ON MERCURY USE AND RELEASE. today to introduce this legislation. than 45 by calendar year 2018. Not later than 1 year after the date of en- The bill that we are introducing (b) MANUFACTURE AND DISTRIBUTION IN actment of this Act, the Secretary of En- today contains several particular im- INTERSTATE COMMERCE.—If the Secretary of ergy, in cooperation with the Administrator Energy, after consultation with the inter- provements. of the Environmental Protection Agency, First and foremost, the legislation ested parties described in subsection (a)(2), shall submit to Congress a report describing determines that general service lamps meet- recommendations relating to the means by would halt food stamp benefit erosion ing the standards established under sub- which the Federal Government may reduce that is occurring as a result of draco- section (a) are generally available for pur- or prevent the release of mercury during the nian cuts enacted in the mid-90s. As a chase throughout the United States at costs manufacture, transportation, storage, or dis- result of these cuts, food stamp bene- that are substantially equivalent (taking posal of light bulbs. fits are eroding with every passing year into account useful life, lifecycle costs, do- SEC. 6. REPORT ON LAMP LABELING. and, as they do, the economic situa- mestic manufacturing capabilities, energy Not later than 1 year after the date of en- consumption, and such other factors as the tions of families receiving food stamps actment of this Act, the Commissioner of the grows ever more precarious. Secretary deems appropriate) to the cost of Federal Trade Commission, in cooperation the general service lamps they would re- Second, the bill would enable fami- with the Administrator of the Environ- lies to deduct fully the costs of child place, then the Secretary shall take such ac- mental Protection Agency and the Secretary tion as may be necessary to require that at of Energy, shall submit to Congress a report care for purposes of eligibility and ben- least 95 percent of general service lamps describing current lamp labeling practices efit determination. Currently, program sold, offered for sale, or otherwise made by lamp manufacturers and recommenda- rules allow families to deduct just $175 available in the United States meet the tions for a national labeling standard. per month of the cost of child care. Not standards established under subsection (a), only has this deduction not been ad- except for those general service lamps de- By Mr. HARKIN (for himself and scribed in subsection (c). justed to account for increases in the Mr. LUGAR): (c) EXCEPTION.—The standards established cost of child care, but it comes no- by the Secretary under subsection (a) shall S. 1529. A bill to amend the Food where near covering the cost of child not apply to general service lamps used in Stamp Act of 1977 to end benefit ero- care, which nationwide averages al- applications in which compliance with those sion, support working families with most $650 per month. standards is not feasible, as determined by child care expenses, encourage retire- Third, the legislation would update the Secretary. ment and education savings, and for archaic program rules regarding the re- (d) REVISED STANDARDS.—After the initial other purposes; to the Committee on sources that a family may have and standards are established under subsection Agriculture, Nutrition, and Forestry. (a), the Secretary shall consult periodically still receive food stamps. In 1977, Con- with the interested parties described in sub- Mr. HARKIN. Mr. President, through- gress established a program rule that section (a)(2) with respect to whether those out my time in the United States Con- said that a family may have $1,750 in standards should be changed. The Secretary gress, I have worked with my col- available liquid assets and still receive may change the standards, and the dates and leagues to promote the economic secu- food stamps. Had this asset limit been percentage of lamps to which the changed rity of low-income and working Amer- adjusted for inflation, today a family standards apply under subsection (b), if after ican families. In many respects, we would be able to have nearly $6,000 in such consultation the Secretary determines have made significant progress, but in savings and still receive food stamps. that such changes are appropriate. others, much work remains to be done. Instead, we allow just $2,000. This (e) REPORT.—The Secretary shall submit reports periodically to the Senate Com- The last several years have been dif- makes no sense. Not only does it ac- mittee on Commerce, Science, and Tech- ficult ones for low-income Americans. tively discourage families from saving nology, the Senate Committee on Energy Since 2000, the number of Americans for their future, it all but requires fam- and Natural Resources, and the House of living in poverty has increased by 5 ilies that experience an economic Representatives Committee on Energy and million. At the same time, wages have shock such as a job loss or a medical Commerce with respect to the development stagnated for Americans in the bottom emergency to spend down their savings and promulgation of standards for lamps and tenth of earners. It’s no surprise that to hit absolute rock bottom just to re- lamp-related technology, such as switches, more and more Americans have turned dimmers, ballast, and non-general service ceive meager food benefits. It is time lighting, that includes the Secretary’s find- to vital Federal food assistance such as to adjust this asset limit and stop dis- ings and recommendations with respect to the Food Stamp Program, which this couraging families from doing what we such standards. year will serve 26 million Americans. tell every other American that they SEC. 3. RESEARCH AND DEVELOPMENT PRO- The Food Stamp Program is our Na- must do—save. To that end, the bill GRAM. tion’s first line of defense against hun- also exempts tax-preferred retirement (a) IN GENERAL.—The Secretary of Energy ger, providing modest but vital benefits and educational savings accounts. may carry out a lighting technology re- to millions of American families, and Fourth, this bill restores food stamp search and development program— also serving our country during times eligibility for legal immigrant house- (1) to support the research, development, of extraordinary need. In fact, the Food holds. This too is nothing but a basic demonstration, and commercial application of lamps and related technologies sold, of- Stamp Program played a crucial role restoration of a principle of fairness fered for sale, or otherwise made available in in helping millions of Americans who that existed prior to the mid-1990s. Un- the United States; and were devastated by the Gulf Coast hur- fortunately, Congress chose, unwisely (2) to assist manufacturers of general serv- ricanes of 2005. in my opinion, to take away benefits ice lamps in the manufacturing of general Unfortunately, Congress has not from those legal immigrants who service lamps that, at a minimum, achieve taken action to modernize the program played by the rules and legally entered the lumens per watt ratings described in sec- so that it addresses the current chal- our country. Keep in mind these are tion 2(a). lenges that low-income Americans families who work and are part of our (b) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to must face. It is time for Congress to society. I disagreed with the decision carry out this section $10,000,000 for each of make such needed program improve- then and I disagree with it today. It is fiscal years 2008 through 2013. ments. With the food stamp reauthor- time to rectify this grave injustice and (c) SUNSET.—The program under this sec- ization pending as part of the upcom- abide by the basic principle that those tion shall terminate on September 30, 2015. ing farm bill, we have an opportunity who enter the country legally and play SEC. 4. CONSUMER EDUCATION PROGRAM. and an obligation to invest in the Food by the same rules as the rest of us, (a) IN GENERAL.—The Secretary of Energy, Stamp Program and, in so doing, in the should also be eligible for the same in consultation with the Commissioner of food security and health of our coun- benefits for which they pay taxes. Our the Federal Trade Commission, shall carry try’s families. bill would do that. out a comprehensive national program to Today I am joined by my good friend Fifth, the legislation would set more educate consumers about the benefits of using light bulbs that have improved effi- and colleague, Senator LUGAR from In- humane eligibility standards for unem- ciency ratings. diana, in introducing the Food Stamp ployed, childless adults. These individ- (b) AUTHORIZATION OF APPROPRIATIONS.— Fairness and Benefit Restoration Act uals are among the poorest in our There are authorized to be appropriated to of 2007. I thank the Senator from Indi- country and often have significant

VerDate Aug 31 2005 09:31 May 25, 2007 Jkt 059060 PO 00000 Frm 00320 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.263 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6897 mental health and substance abuse Whereas Dr. Esfandiari was interrogated Whereas in emergency situations, first re- problems. They are, in short, among by the Ministry of Intelligence for hours on sponders carry out the critical role of pro- the people who need our help the most. many days; tecting and ensuring public safety; But ironically, they are among those Whereas the questioning of the Ministry of Whereas the men and women who bravely Intelligence focused on the Middle East Pro- serve as first responders have found them- who we deny the most basic of food as- gram at the Wilson Center; selves on the front lines of homeland defense sistance. Currently, such adults can re- Whereas Dr. Esfandiari answered all ques- in the war against terrorism; ceive food stamps for only 3 months tions to the best of her ability, and the Wil- Whereas first responders are called upon in out of every 3 years. This legislation son Center also provided extensive informa- the event of a natural disaster, such as the proposes a modestly more sympathetic tion to the Ministry in a good faith effort to tornadoes in Florida and the blizzard in Col- standard of 6 months out of every 2- aid Dr. Esfandiari; orado in December 2006, the wildfires in the year period. Whereas the harassment of Dr. Esfandiari West in 2007, and the flooding in the North- Finally, my bill would increase fund- increased, with her being awakened while east in April 2007; napping to find 3 strange men standing at ing for commodity purchases for food Whereas the critical role of first respond- her bedroom door, one wielding a video cam- ers was witnessed in the aftermath of the banks and community food providers. era, and later being pressured to make false mass shooting at the Virginia Polytechnic U.S. Government donations to food confessions against herself and to falsely im- Institute and State University, when the col- banks have dropped dramatically in re- plicate the Wilson Center in activities in laborative effort of police officers, fire- cent years, even as the number of which it had no part; fighters, and emergency medical technicians Americans seeking help from commu- Whereas Lee Hamilton, former United to secure the campus, rescue students from nity food providers has consistently in- States Representative and president of the danger, treat the injured, and transport vic- creased. Wilson Center, has written to the President tims to local hospitals undoubtedly saved of Iran to call his attention to Dr. the lives of many students and faculty; I know that the budget is tight and Esfandiari’s dire situation; that Congress must be prudent in deci- Whereas 670,000 police officers, 1,100,000 Whereas Mr. Hamilton repeated that the firefighters, and 891,000 emergency medical sions about how we allocate funding. Wilson Center’s mission is to provide forums technicians risk their lives every day to But I also know that there is no func- to exchange views and opinions and not to make our communities safe; tion of the federal government as basic take positions on issues, nor try to influence Whereas these 670,000 sworn police officers and as critical as ensuring that low-in- specific outcomes; from Federal, State, tribal, city, and county come Americans, families with chil- Whereas the lengthy interrogations of Dr. law enforcement agencies protect lives and dren, elderly living on fixed incomes, Esfandiari by the Ministry of Intelligence of property, detect and prevent crimes, uphold Iran stopped on February 14, 2007, but she the law, and ensure justice; and persons with disabilities, have heard nothing for 10 weeks and was denied enough food for their next meal. It is Whereas these 1,100,000 firefighters, both her passport; volunteer and career, provide fire suppres- past time for Congress to act in this re- Whereas, on May 8, 2007, Dr. Esfandiari sion, emergency medical services, search and gard, and I hope that my colleagues on honored a summons to appear at the Min- rescue, hazardous materials response, re- both sides of the aisle will join me and istry of Intelligence, whereby she was taken sponse to terrorism, and critical fire preven- the Senator from Indiana to enact the immediately to Evin prison, where she is tion and safety education; Food Stamp Fairness and Benefit Res- currently being held; and Whereas the 891,000 emergency medical toration Act of 2007. Whereas the Ministry of Intelligence has professionals in the United States respond to implicated Dr. Esfandiari and the Wilson and treat a variety of life-threatening emer- f Center in advancing the alleged aim of the gencies, from cardiac and respiratory arrest United States Government of supporting a to traumatic injuries; SUBMITTED RESOLUTIONS ‘‘soft revolution’’ in Iran: Now, therefore, be Whereas these 2,661,000 ‘‘first responders’’ it make personal sacrifices to protect our com- Resolved, That— munities, as was witnessed on September 11, SENATE RESOLUTION 214—CALL- (1) the Senate calls upon the Government 2001, and in the aftermath of Hurricane ING UPON THE GOVERNMENT OF of the Islamic Republic of Iran to imme- Katrina, and as is witnessed every day in cit- THE ISLAMIC REPUBLIC OF IRAN diately release Dr. Haleh Esfandiari, replace ies and towns across America; TO IMMEDIATELY RELEASE DR. her lost travel documents, and cease its har- Whereas according to the National Law assment tactics; and HALEH ESFANDIARI Enforcement Officers Memorial Fund, a total (2) it is the sense of the Senate that— of 1,649 law enforcement officers died in the Mr. CARDIN (for himself, Ms. MIKUL- (A) the United States Government, line of duty during the past 10 years, an aver- SKI, Mr. BIDEN, Mr. LIEBERMAN, Mr. through all appropriate diplomatic means age of 1 death every 53 hours or 165 per year, SMITH, Mrs. CLINTON, Mr. DODD, Mr. and channels, should encourage the Govern- and 145 law enforcement officers were killed ment of Iran to release Dr. Esfandiari and BINGAMAN, and Mr. COLEMAN) sub- in 2006; offer her an apology; and Whereas, according to the United States mitted the following resolution; which (B) the United States should coordinate its was considered and agreed to: Fire Administration, from 1996 through 2005 response with its allies throughout the Mid- over 1500 firefighters were killed in the line S. RES. 214 dle East, other governments, and all appro- of duty, and tens of thousands were injured; Whereas Dr. Haleh Esfandiari, Ph.D., holds priate international organizations. Whereas 4 in 5 medics are injured on the dual citizenship in the United States and the job, more than 1 in 2 (52 percent) have been Islamic Republic of Iran; f assaulted by a patient and 1 in 2 (50 percent) Whereas Dr. Esfandiari taught Persian lan- have been exposed to an infectious disease, guage and literature for many years at SENATE RESOLUTION 215—DESIG- and emergency medical service personnel in Princeton University, where she inspired un- NATING SEPTEMBER 25, 2007, AS the United States have an estimated fatality told numbers of students to study the rich ‘‘NATIONAL FIRST RESPONDER rate of 12.7 per 100,000 workers, more than Persian language and culture; APPRECIATION DAY’’ twice the national average; Whereas Dr. Esfandiari is a resident of the Whereas most emergency medical service State of Maryland and the Director of the Mr. ALLARD (for himself, Mr. personnel deaths in the line of duty occur in Middle East Program at the Woodrow Wilson MCCAIN, Mr. CASEY, Mr. COCHRAN, Mr. ambulance accidents; International Center for Scholars in Wash- ENZI, Mr. STEVENS, Mr. GRAHAM, Mr. Whereas thousands of first responders have ington, D.C. (referred to in this preamble as CHAMBLISS, Mr. CRAIG, and Mr. INHOFE) made the ultimate sacrifice; the ‘‘Wilson Center’’); submitted the following resolution; Whereas, in the aftermath of the terrorist Whereas, for the past decade, Dr. which was referred to the Committee attacks of September 11, 2001, America’s fire- Esfandiari has traveled to Iran twice a year on the Judiciary: fighters, law enforcement officers, and emer- to visit her ailing 93-year-old mother; gency medical workers were universally rec- Whereas, in December 2006, on her return S. RES. 215 ognized for the sacrifices they made on that to the airport during her last visit to Iran, Whereas millions of Americans have bene- tragic day, and should be honored each year Dr. Esfandiari was robbed by 3 masked, fited from the courageous service of first re- as these tragic events are remembered; knife-wielding men, who stole her travel doc- sponders across the Nation; Whereas there currently exists no national uments, luggage, and other effects; Whereas the police, fire, emergency med- day to honor the brave men and women of Whereas, when Dr. Esfandiari attempted to ical service, and public health personnel the first responder community, who give so obtain replacement travel documents in (commonly known as ‘‘first responders’’) much of themselves for the sake of others; Iran, she was invited to an interview by a work devotedly and selflessly on behalf of and representative of the Ministry of Intel- the people of this Nation, regardless of the Whereas these men and women by their pa- ligence of Iran; peril or hazard to themselves; triotic service and their dedicated efforts

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Mr. President, I rise to supporting passage of this worthwhile ing document, an ever-changing testament introduce a resolution today that will resolution. to human ingenuity and creativity in the designate September 25 as National f scientific struggle to understand and elimi- First Responder Appreciation Day. I nate the diseases collectively known as can- am pleased to be joined by my good SENATE RESOLUTION 216—RECOG- cer; Whereas, because more than 60 percent of friends and colleagues, Senators NIZING THE 100TH ANNIVERSARY OF THE FOUNDING OF THE all cancer occurs in people over the age of 65, MCCAIN, CASEY, COCHRAN, ENZI, STE- AMERICAN ASSOCIATION FOR issues relating to the interface of aging and VENS, LINDSEY GRAHAM, CRAIG and CANCER RESEARCH AND DE- cancer, ranging from the most basic science CHAMBLISS. questions to epidemiologic relationships and The contributions that our Nation’s CLARING THE MONTH OF MAY to clinical and health services research 1.1 million firefighters, 670,000 police NATIONAL CANCER RESEARCH issues, are of concern to society; officers and over 890,000 emergency MONTH Whereas the American Association for medical professionals make in our Mrs. FEINSTEIN (for herself and Mr. Cancer Research is proactively addressing these issues paramount to our aging popu- communities are familiar to us all. We STEVENS) submitted the following reso- lation through a Task Force on Cancer and see the results of their efforts every lution; which was referred to the Com- Aging, special conferences, and other pro- night on our TV screens and read about mittee on the Judiciary: grams which engage the scientific commu- them everyday in the paper. From re- S. RES. 216 nity in response to this demographic impera- cent tornados in the Southeast and Whereas the American Association for tive: Now, therefore, be it wildfires in the West, the tragic events Cancer Research, the oldest and largest sci- Resolved, That the Senate— at Virginia Tech, and the wrath of Hur- entific cancer research organization in the (1) congratulates the American Association ricane Katrina, our ‘‘first responders’’ United States, was founded on May 7, 1907, at for Cancer Research on its 100 year anniver- regularly risk their lives to protect the Willard Hotel in Washington, D.C., by a sary celebration, ‘‘A Century of Leadership in Science – A Future of Cancer Prevention property, uphold the law and save the group of physicians and scientists interested in research to further the investigation into and Cure’’; lives of others. (2) recognizes the invaluable contributions While performing their jobs many and spread new knowledge about cancer; Whereas the American Association for made by the American Association for Can- first responders have made the ulti- Cancer Research is focused on every aspect cer Research in its quest to prevent and cure mate sacrifice. Over 100 firefighters are of high-quality, innovative cancer research cancer and save lives through cancer re- killed in the line of duty every year. and is the authoritative source of informa- search; Tragically in 2006, 145 law enforcement tion and publications about advances in the (3) expresses the gratitude of the people of officers were killed in the line of duty causes, diagnosis, treatment, and prevention the United States for the American Associa- as well. And though many might not of cancer; tion for Cancer Research’s contributions to- Whereas, since its founding, the American ward progress in advancing cancer research; think a career in the emergency med- and ical services, EMS, is dangerous, EMS Association for Cancer Research has acceler- ated the growth and dissemination of new (4) declares the month of May as National workers actually have an occupational knowledge about cancer and the complexity Cancer Research Month to support the fatality rate that is comparable with of this disease to speed translation of new American Association for Cancer Research in that of firefighters and police officers. discoveries for the benefit of cancer patients, its public education efforts to make cancer Yet to recognize our first responders and has provided the information needed by research a national and international pri- only for their sacrifices would be to ig- elected officials to make informed decisions ority, so that one day the disease of cancer nore the everyday contributions that on public policy and sustained funding for will be relegated to history. they make in communities throughout cancer research; f America. In addition to battling fires, Whereas partnerships with research sci- entists and the general public, survivors and SENATE RESOLUTION 217—DESIGN- firefighters perform important fire pre- patient advocates, philanthropic organiza- ING THE WEEK BEGINNING MAY vention and public education duties, tions, industry, and government have led to 20, 2007, AS ‘‘NATIONAL HURRI- like teaching our children how to be advanced breakthroughs, early detection CANE PREPAREDNESS WEEK’’ ‘‘fire safe.’’ Police officers don’t simply tools which have increased survival rates, arrest criminals, they actively prevent and a better quality of life for cancer sur- Mr. VITTER (for himself, Mr. SHEL- crime and make our neighborhoods vivors; BY, Mr. LOTT, Mr. MARTINEZ, Mr. NEL- safer and more livable. And if we or our Whereas our national investment in cancer SON of Florida, Ms. LANDRIEU, and Mr. loved ones experience a medical emer- research has yielded substantial returns in DEMINT) submitted the following reso- gency, EMTs are there at a moment’s terms of research advances and lives saved, lution; which was considered and with a scholarly estimate that every 1 per- agreed to: notice to provide life-saving care. cent decline in cancer mortality saves our In many ways, our first responders national economy $500,000,000,000; S. RES. 217 embody the very best of the American Whereas cancer continues to be one of the Whereas the President has proclaimed that spirit. With charity and compassion, most pressing public health concerns, killing the week beginning May 20, 2007, shall be these brave men and women regularly 1 American every minute, and 12 individuals known as ‘‘National Hurricane Preparedness put the well-being of others before worldwide every minute; Week’’, and has called on government agen- their own, oftentimes at great personal Whereas the American Association for cies, private organizations, schools, and risk. Through their actions they have Cancer Research Annual Meeting on April 14 media to share information about hurricane through 18, 2007, was a large and comprehen- preparedness; become heroes to many. Through their sive gathering of leading cancer researchers, Whereas, as hurricane season approaches, example they are role models to all of scientists, and clinicians engaged in all as- National Hurricane Preparedness Week pro- us. pects of clinical investigations pertaining to vides an opportunity to raise awareness of While various cities and towns have human cancer as well as the scientific dis- steps that can be taken to help protect citi- recognized the contributions made by ciplines of cellular, molecular, and tumor bi- zens, their communities, and property; their local first responders by declaring ology, carcinogenesis, chemistry, develop- Whereas the official Atlantic hurricane a ‘‘first responder day,’’ there exists no mental biology and stem cells, endocri- season occurs in the period beginning June 1, national day to honor and thank these nology, epidemiology and biostatistics, ex- 2007, and ending November 30, 2007; courageous men and women. The time perimental and molecular therapeutics, im- Whereas hurricanes are among the most munology, radiobiology and radiation oncol- powerful forces of nature, causing destruc- has come to give our first responders ogy, imaging, prevention, and survivorship tive winds, tornadoes, floods, and storm the national day of appreciation that research; surges that can result in numerous fatalities they deserve. Whereas, as part of its centennial celebra- and cost billions of dollars in damage; Designating September 25th as Na- tion, the American Association for Cancer Whereas, in 2005, a record-setting Atlantic tional First Responder Appreciation Research has published ‘‘Landmarks in Can- hurricane season caused 28 storms, including

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15 hurricanes, of which 7 were major hurri- S. RES. 219 businesses of an area with respect to which a canes, including Hurricanes Katrina, Rita, Whereas Congress authorized the creation major disaster has been declared by the and Wilma; of Lake Sidney Lanier and the Buford Dam President under section 401 of the Robert T. Whereas the National Oceanic and Atmos- in 1946 for flood control, power production, Stafford Disaster Relief and Emergency As- pheric Administration reports that over 50 wildlife preservation, and downstream navi- sistance Act (FEMA–1699–DR) by reason of percent of the population of the United gation; severe storms and tornados beginning on States lives in coastal counties that are vul- Whereas construction on the Buford Dam May 4, 2007, and determined by the President nerable to the dangers of hurricanes; project by the Army Corps of Engineers to warrant individual or public assistance Whereas, because the impact from hurri- began in 1951; from the Federal Government under such canes extends well beyond coastal areas, it is Whereas the Army Corps of Engineers con- Act; which was referred to the Committee on vital for individuals in hurricane prone areas structed the dam and lake on the Chattahoo- Finance. to prepare in advance of the hurricane sea- chee and Chestatee Rivers at a cost of ap- SA 1194. Mr. MENENDEZ (for himself, Mr. son; proximately $45,000,000; HAGEL, Mr. DURBIN, Mrs. CLINTON, Mr. DODD, Whereas cooperation between individuals Whereas, in 1956, Jack Beachem and the Mr. OBAMA, Mr. AKAKA, Mr. LAUTENBERG, and Federal, State, and local officials can Army Corps of Engineers signed a lease to and Mr. INOUYE) submitted an amendment help increase preparedness, save lives, reduce create Holiday on Lake Sidney Lanier Ma- intended to be proposed to amendment SA the impact of each hurricane, and provide a rina as the lake’s first concessionaire; 1150 proposed by Mr. REID (for Mr. KENNEDY more effective response to those storms; Whereas the first power produced through (for himself and Mr. SPECTER)) to the bill S. Whereas the National Hurricane Center Buford Dam at Lake Sidney Lanier was pro- 1348, to provide for comprehensive immigra- within the National Oceanic and Atmos- duced on June 16, 1957; tion reform and for other purposes. pheric Administration of the Department of Whereas Holiday on Lake Sidney Lanier SA 1195. Mr. ENSIGN (for himself and Mr. Commerce recommends that each at-risk opened on July 4, 1957; THOMAS) submitted an amendment intended family of the United States develop a family Whereas Buford Dam was officially dedi- to be proposed by him to the bill S. 1348, disaster plan, create a disaster supply kit, cated on October 9, 1957; supra; which was ordered to lie on the table. secure their home, and stay aware of current Whereas nearly 225,000 people visited Lake SA 1196. Mr. DEMINT submitted an amend- weather situations to improve preparedness Sidney Lanier to boat, fish, and recreate in ment intended to be proposed by him to the and help save lives; and 1957; bill S. 1348, supra; which was ordered to lie Whereas the designation of the week begin- Whereas today more than 8,000,000 visitors on the table. SA 1197. Mr. DEMINT submitted an amend- ning May 20, 2007, as ‘‘National Hurricane each year enjoy the attributes and assets of ment intended to be proposed by him to the Preparedness Week’’ will help raise the Lake Sidney Lanier to boat, fish, swim, bill S. 1348, supra; which was ordered to lie awareness of the individuals of the United camp, and otherwise recreate in the great on the table. States to assist them in preparing for the up- outdoors; SA 1198. Mrs. BOXER submitted an amend- coming hurricane season: Now, therefore, be Whereas Lake Sidney Lanier generates ment intended to be proposed by her to the it more than $5,000,000,000 in revenues annually, bill S. 1348, supra; which was ordered to lie Resolved, That the Senate— according to a study commissioned by the on the table. (1) supports the goals of the President in Marine Trade Association of Metropolitan SA 1199. Mr. DODD (for himself and Mr. proclaiming the week beginning May 20, 2007, Atlanta; MENENDEZ) proposed an amendment to as ‘‘National Hurricane Preparedness Week’’; Whereas Lake Sidney Lanier has won the amendment SA 1150 proposed by Mr. REID (2) encourages the people of the United prestigious Chief of Engineers Annual (for Mr. KENNEDY (for himself and Mr. States— Project of the Year Award, the highest rec- SPECTER)) to the bill S. 1348, supra. (A) to be prepared for the upcoming hurri- ognition from the Army Corps of Engineers cane season; and SA 1200. Mr. GREGG submitted an amend- for outstanding management, an unprece- ment intended to be proposed by him to the (B) to promote awareness of the dangers of dented 3 times in 12 years (in 1990, 1997, and hurricanes to help save lives and protect bill S. 1348, supra; which was ordered to lie 2002); on the table. communities; and Whereas Lake Sidney Lanier hosted the (3) recognizes— SA 1201. Mr. ALLARD submitted an paddling and rowing events for the Summer amendment intended to be proposed by him (A) the threats posed by hurricanes; and Games of the XXVI Olympiad held in At- (B) the need for the individuals of the to the bill S. 1348, supra; which was ordered lanta, Georgia, in 1996; to lie on the table. United States to learn more about prepared- Whereas marinas serve as the gateway to ness so that they may minimize the impacts SA 1202. Mr. OBAMA (for himself and Mr. recreation for the public on America’s water- MENENDEZ) submitted an amendment in- of, and provide a more effective response to, ways; hurricanes. tended to be proposed by him to the bill S. Whereas Lake Sidney Lanier will join the 1348, supra; which was ordered to lie on the f Nation on Saturday, August 11, in celebra- table. tion and commemoration of National Marina SA 1203. Mr. CORNYN submitted an SENATE RESOLUTION 218—TO AU- Day; and amendment intended to be proposed by him THORIZE THE PRINTING OF A Whereas 2007 marks the 50th anniversary of to the bill S. 1348, supra; which was ordered COLLECTION OF THE RULES OF Lake Sidney Lanier: Now, therefore, be it to lie on the table. Resolved, That the Senate recognizes the SA 1204. Mr. CORNYN submitted an THE COMMITTEES OF THE SEN- 50th anniversary celebration of the begin- ATE amendment intended to be proposed by him nings of marinas, power production, recre- to the bill S. 1348, supra; which was ordered Mrs. FEINSTEIN submitted the fol- ation, and boating on Lake Sidney Lanier, to lie on the table. lowing resolution; which was consid- Georgia. SA 1205. Mr. CORNYN submitted an ered and agreed to: f amendment intended to be proposed by him to the bill S. 1348, supra; which was ordered S. RES. 218 AMENDMENTS SUBMITTED AND to lie on the table. Resolved, That a collection of the rules of PROPOSED SA 1206. Mr. CORNYN submitted an the committees of the Senate, together with SA 1190. Mr. MCCAIN (for himself, Mr. amendment intended to be proposed by him related materials, be printed as a Senate GRAHAM, Mr. BURR, and Mr. SPECTER) sub- to the bill S. 1348, supra; which was ordered document, and that there be printed 250 addi- mitted an amendment intended to be pro- to lie on the table. tional copies of such document for the use of posed to amendment SA 1150 proposed by Mr. SA 1207. Mr. CORNYN submitted an the Committee on Rules and Administration. REID (for Mr. KENNEDY (for himself and Mr. amendment intended to be proposed by him f SPECTER)) to the bill S. 1348, to provide for to the bill S. 1348, supra; which was ordered comprehensive immigration reform and for to lie on the table. SENATE RESOLUTION 219—RECOG- other purposes. SA 1208. Mr. CORNYN submitted an NIZING THE YEAR 2007 AS THE SA 1191. Mr. LIEBERMAN submitted an amendment intended to be proposed by him OFFICIAL 50TH ANNIVERSARY amendment intended to be proposed to to the bill S. 1348, supra; which was ordered CELEBRATION OF THE BEGIN- amendment SA 1150 proposed by Mr. REID to lie on the table. (for Mr. KENNEDY (for himself and Mr. Spec- SA 1209. Mr. CORNYN submitted an NINGS OF MARINAS, POWER ter)) to the bill S. 1348, supra. amendment intended to be proposed by him PRODUCTION, RECREATION, AND SA 1192. Mrs. HUTCHISON submitted an to the bill S. 1348, supra; which was ordered BOATING ON LAKE SIDNEY LA- amendment intended to be proposed by her to lie on the table. NIER, GEORGIA to the bill S. 1348, supra; which was ordered SA 1210. Mr. CORNYN submitted an to lie on the table. amendment intended to be proposed by him Mr. CHAMBLISS (for himself, Mr. SA 1193. Mr. ROBERTS (for himself and to the bill S. 1348, supra; which was ordered PRYOR, and Mr. ISAKSON) submitted the Mr. BROWNBACK) submitted an amendment to lie on the table. following resolution; which was consid- intended to be proposed by him to the bill S. SA 1211. Mr. CORNYN submitted an ered and agreed to: 1423, to extend tax relief to the residents and amendment intended to be proposed by him

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Mr. SESSIONS proposed an f amendment intended to be proposed by him amendment to amendment SA 1150 proposed to the bill S. 1348, supra; which was ordered by Mr. REID (for Mr. KENNEDY (for himself TEXT OF AMENDMENTS to lie on the table. and Mr. SPECTER)) to the bill S. 1348, supra. SA 1214. Mr. CORNYN submitted an SA 1235. Mr. SESSIONS proposed an SA 1190. Mr. MCCAIN (for himself, amendment intended to be proposed by him amendment to amendment SA 1150 proposed Mr. GRAHAM, Mr. BURR, and Mr. SPEC- to the bill S. 1348, supra; which was ordered by Mr. REID (for Mr. KENNEDY (for himself TER) submitted an amendment in- to lie on the table. and Mr. SPECTER)) to the bill S. 1348, supra. tended to be proposed to amendment SA 1215. Mr. CORNYN submitted an SA 1236. Mr. BAUCUS (for himself and Mr. SA 1150 proposed by Mr. REID (for Mr. amendment intended to be proposed by him TESTER) submitted an amendment intended KENNEDY (for himself and Mr. SPEC- to the bill S. 1348, supra; which was ordered to be proposed by him to the bill S. 1348, TER)) to the bill S. 1348, to provide for to lie on the table. supra; which was ordered to lie on the table. SA 1216. Mr. CORNYN submitted an SA 1237. Mr. BINGAMAN submitted an comprehensive immigration reform amendment intended to be proposed by him amendment intended to be proposed to and for other purposes; as follows: to the bill S. 1348, supra; which was ordered amendment SA 1150 proposed by Mr. REID On page 292 redesignate paragraphs (3) as to lie on the table. (for Mr. KENNEDY (for himself and Mr. SPEC- (4) and (4) as (5). SA 1217. Mr. CORNYN submitted an TER)) to the bill S. 1348, supra; which was or- On page 292, between lines 33 and 34, insert amendment intended to be proposed by him dered to lie on the table. the following: to the bill S. 1348, supra; which was ordered SA 1238. Mr. CORNYN submitted an ‘‘(3) PAYMENT OF INCOME TAXES.— to lie on the table. amendment intended to be proposed by him ‘‘(A) IN GENERAL.—Not later than the date SA 1218. Mr. CORNYN submitted an to the bill S. 1348, supra; which was ordered on which status is adjusted under this sec- amendment intended to be proposed by him to lie on the table. tion, the alien establishes the payment of to the bill S. 1348, supra; which was ordered SA 1239. Mr. ENSIGN submitted an amend- any applicable Federal tax liability by estab- to lie on the table. ment intended to be proposed by him to the lishing that— SA 1219. Mr. CORNYN submitted an bill S. 1348, supra; which was ordered to lie ‘‘(i) no such tax liability exists; amendment intended to be proposed by him on the table. ‘‘(ii) all outstanding liabilities have been to the bill S. 1348, supra; which was ordered SA 1240. Mr. COCHRAN submitted an paid; or to lie on the table. amendment intended to be proposed by him ‘‘(iii) the alien has entered into an agree- SA 1220. Mr. GREGG submitted an amend- to the bill S. 1348, supra; which was ordered ment for payment of all outstanding liabil- ment intended to be proposed by him to the to lie on the table. ities with the Internal Revenue Service. bill S. 1348, supra; which was ordered to lie SA 1241. Mr. COCHRAN submitted an ‘‘(B) APPLICABLE FEDERAL TAX LIABILITY.— on the table. amendment intended to be proposed by him For purposes of clause (i), the term ‘applica- SA 1221. Mr. CARDIN submitted an amend- to the bill S. 1348, supra; which was ordered ble Federal tax liability’ means liability for ment intended to be proposed by him to the to lie on the table. Federal taxes, including penalties and inter- bill S. 1348, supra; which was ordered to lie SA 1242. Mr. LIEBERMAN (for himself, Mr. est, owed for any year during the period of on the table. HAGEL, Ms. CANTWELL, and Mr. SCHUMER) employment required by subparagraph (D)(i) SA 1222. Mr. CORNYN submitted an submitted an amendment intended to be pro- for which the statutory period for assess- amendment intended to be proposed by him posed by him to the bill S. 1348, supra; which ment of any deficiency for such taxes has not to the bill S. 1348, supra; which was ordered was ordered to lie on the table. expired. to lie on the table. SA 1243. Mr. OBAMA (for himself and Mr. ‘‘(C) IRS COOPERATION.—The Secretary of SA 1223. Mr. SANDERS proposed an MENENDEZ) submitted an amendment in- the Treasury shall establish rules and proce- amendment to amendment SA 1150 proposed tended to be proposed by him to the bill S. dures under which the Commissioner of In- by Mr. REID (for Mr. KENNEDY (for himself 1348, supra; which was ordered to lie on the ternal Revenue shall provide documentation and Mr. SPECTER)) to the bill S. 1348, supra. table. to an alien upon request to establish the SA 1224. Mr. COBURN submitted an SA 1244. Mr. CORNYN submitted an payment of all taxes required by this sub- amendment intended to be proposed by him amendment intended to be proposed by him paragraph. to the bill S. 1348, supra; which was ordered to the bill S. 1348, supra; which was ordered ‘‘(D) IN GENERAL.—The alien may satisfy to lie on the table. to lie on the table. SA 1225. Mr. LEVIN submitted an amend- SA 1245. Mr. CORNYN submitted an such requirement by establishing that— ment intended to be proposed by him to the amendment intended to be proposed by him ‘‘(i) no such tax liability exists; bill S. 1348, supra; which was ordered to lie to the bill S. 1348, supra; which was ordered ‘‘(ii) all outstanding liabilities have been on the table. to lie on the table. met; or SA 1226. Mr. LEVIN submitted an amend- SA 1246. Mr. CORNYN submitted an ‘‘(iii) the alien has entered into an agree- ment intended to be proposed by him to the amendment intended to be proposed by him ment for payment of all outstanding liabil- bill S. 1348, supra; which was ordered to lie to the bill S. 1348, supra; which was ordered ities with the Internal Revenue Service and on the table. to lie on the table. with the department of revenue of each SA 1227. Mr. LEVIN submitted an amend- SA 1247. Mr. CORNYN submitted an State to which taxes are owed. ment intended to be proposed by him to the amendment intended to be proposed by him bill S. 1348, supra; which was ordered to lie to the bill S. 1348, supra; which was ordered SA 1191. Mr. LIEBERMAN submitted on the table. to lie on the table. an amendment intended to be proposed SA 1228. Mr. LEVIN (for himself, Mr. SA 1248. Mr. ENSIGN submitted an amend- to amendment SA 1150 proposed by Mr. OBAMA, Mr. MENENDEZ, Mr. COLEMAN, Mr. ment intended to be proposed by him to the REID (for Mr. KENNEDY (for himself and REID, Mr. LEAHY, Mrs. FEINSTEIN, and Mr. bill S. 1348, supra; which was ordered to lie Mr. SPECTER)) to the bill S. 1348, to VOINOVICH) submitted an amendment in- on the table. tended to be proposed to amendment SA 1150 SA 1249. Ms. CANTWELL (for herself, Mr. provide for comprehensive immigration proposed by Mr. REID (for Mr. KENNEDY (for CORNYN, Mr. LEAHY, and Mr. HATCH) sub- reform and for other purposes; as fol- himself and Mr. SPECTER)) to the bill S. 1348, mitted an amendment intended to be pro- lows: supra; which was ordered to lie on the table. posed by her to the bill S. 1348, supra; which At the appropriate place, insert the fol- SA 1229. Mr. SUNUNU submitted an was ordered to lie on the table. lowing: amendment intended to be proposed by him SA 1250. Mr. CORNYN submitted an Subtitle ll—Asylum and Detention to the bill S. 1348, supra; which was ordered amendment intended to be proposed by him Safeguards to lie on the table. to the bill S. 1348, supra; which was ordered SEC. ll01. SHORT TITLE. SA 1230. Mr. CORNYN submitted an to lie on the table. amendment intended to be proposed by him SA 1251. Mr. CONRAD submitted an This subtitle may be cited as the ‘‘Secure to the bill S. 1348, supra; which was ordered amendment intended to be proposed by him and Safe Detention and Asylum Act’’. to lie on the table. to the bill S. 1348, supra; which was ordered SEC. ll02. DEFINITIONS. SA 1231. Mr. DURBIN (for himself and Mr. to lie on the table. In this subtitle: GRASSLEY) proposed an amendment to SA 1252. Mrs. FEINSTEIN submitted an (1) ASYLUM SEEKER.—The term ‘‘asylum amendment SA 1150 proposed by Mr. REID amendment intended to be proposed by her seeker’’ means an applicant for asylum (for Mr. KENNEDY (for himself and Mr. SPEC- to the bill S. 1348, supra; which was ordered under section 208 of the Immigration and Na- TER)) to the bill S. 1348, supra. to lie on the table. tionality Act (8 U.S.C. 1158) or for with- SA 1232. Mrs. HUTCHISON submitted an SA 1253. Mr. SESSIONS submitted an holding of removal under section 241(b)(3) of amendment intended to be proposed by her amendment intended to be proposed by him that Act (8 U.S.C. 1231(b)(3)) or an alien who

VerDate Aug 31 2005 09:31 May 25, 2007 Jkt 059060 PO 00000 Frm 00324 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.271 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6901 indicates an intention to apply for relief Immigration and Nationality Act (8 U.S.C. or, in the case of an alien subject to section under either such section and does not in- 1225(b)). 235 or 241(a)(5) who must establish a credible clude a person with respect to whom a final (b) FACTORS RELATING TO SWORN STATE- fear of persecution or a reasonable fear of adjudication denying an application made MENTS.—Any sworn or signed written state- persecution or torture in order to proceed in under either such section has been entered. ment taken of an alien as part of the record immigration court, within 72 hours of a posi- (2) CREDIBLE FEAR OF PERSECUTION.—The of a proceeding under section 235(b)(1)(A) of tive credible fear of persecution or reason- term ‘‘credible fear of persecution’’ has the the Immigration and Nationality Act (8 able fear of persecution or torture deter- meaning given that term in section U.S.C. 1225(b)(1)(A)) shall be accompanied by mination. 235(b)(1)(B)(v) of the Immigration and Na- a recording of the interview which served as ‘‘(2) CRITERIA TO BE CONSIDERED.—The cri- tionality Act (8 U.S.C. 1225(b)(1)(B)(v)). the basis for that sworn statement. teria to be considered by the Secretary and (c) RECORDINGS.— (3) DETAINEE.—The term ‘‘detainee’’ means the Attorney General in making a custody an alien in the Department’s custody held in (1) IN GENERAL.—The recording of the decision shall include— a detention facility. interview shall also include the written ‘‘(A) whether the alien poses a risk to pub- statement, in its entirety, being read back to (4) DETENTION FACILITY.—The term ‘‘deten- lic safety or national security; the alien in a language that the alien claims tion facility’’ means any Federal facility in ‘‘(B) whether the alien is likely to appear to understand, and the alien affirming the which an asylum seeker, an alien detained for immigration proceedings; and accuracy of the statement or making any pending the outcome of a removal pro- ‘‘(C) any other relevant factors. corrections thereto. ceeding, or an alien detained pending the ‘‘(3) CUSTODY REDETERMINATION.—An alien (2) FORMAT.—The recording shall be made execution of a final order of removal, is de- subject to this section may at any time after in video, audio, or other equally reliable for- tained for more than 72 hours, or any other being served with the Secretary’s decision mat. facility in which such detention services are under subsections (a) or (d) request a rede- (d) EXEMPTION AUTHORITY.— provided to the Federal Government by con- (1) Subsections (b) and (c) shall not apply termination of that decision by an immigra- tract, and does not include detention at any to interviews that occur at facilities exempt- tion judge. All decisions by the Secretary to port of entry in the United States. ed by the Secretary pursuant to this sub- detain without bond or parole shall be sub- (5) REASONABLE FEAR OF PERSECUTION OR section. ject to redetermination by an immigration TORTURE.—The term ‘‘reasonable fear of per- (2) The Secretary or the Secretary’s des- judge within 2 weeks from the time the alien secution or torture’’ has the meaning de- ignee may exempt any facility based on a de- was served with the decision, unless waived scribed in section 208.31 of title 8, Code of termination by the Secretary or the Sec- by the alien. The alien may request a further Federal Regulations. retary’s designee that compliance with sub- redetermination upon a showing of a mate- (6) STANDARD.—The term ‘‘standard’’ sections (b) and (c) at that facility would im- rial change in circumstances since the last means any policy, procedure, or other re- pair operations or impose undue burdens or redetermination hearing. quirement. costs. ‘‘(c) EXCEPTION FOR MANDATORY DETEN- (7) VULNERABLE POPULATIONS.—The term (3) The Secretary or the Secretary’s des- TION.—Subsection (b) shall not apply to any ‘‘vulnerable populations’’ means classes of ignee shall report annually to Congress on alien who is subject to mandatory detention aliens subject to the Immigration and Na- the facilities that have been exempted pursu- under section 235(b)(1)(B)(iii)(IV), 236(c), or tionality Act (8 U.S.C. 1101 et seq.) who have ant to this subsection. 236A or who has a final order of removal and special needs requiring special consideration (4) The exercise of the exemption authority has no proceedings pending before the Execu- and treatment by virtue of their vulnerable granted by this subsection shall not give rise tive Office for Immigration Review.’’; characteristics, including experiences of, or to a private cause of action. (4) in subsection (d), as redesignated— risk of, abuse, mistreatment, or other seri- (e) INTERPRETERS.—The Secretary shall en- (A) by striking ‘‘Attorney General’’ and in- ous harms threatening their health or safe- sure that a professional fluent interpreter is serting ‘‘Secretary’’; and ty. Vulnerable populations include the fol- used when the interviewing officer does not (B) by striking ‘‘or parole’’ and inserting ‘‘, lowing: speak a language understood by the alien parole, or decision to release;’’; (A) Asylum seekers. and there is no other Federal, State, or local (5) in subsection (e), as redesignated— (B) Refugees admitted under section 207 of government employee available who is able (A) by striking ‘‘Attorney General’’ and in- the Immigration and Nationality Act (8 to interpret effectively, accurately, and im- serting ‘‘Secretary’’ each place it appears; U.S.C. 1157) and individuals seeking such ad- partially. and mission. SEC. ll04. PROCEDURES GOVERNING DETEN- (B) in paragraph (2), by inserting ‘‘or for (C) Aliens whose deportation is being with- TION DECISIONS. humanitarian reasons,’’ after ‘‘such an inves- held under section 243(h) of the Immigration Section 236 (8 U.S.C. 1226) is amended— tigation,’’; and Nationality Act (as in effect imme- (1) in subsection (a)— (6) in subsection (f), as redesignated— diately before the effective date of section (A) in the matter preceding paragraph (1)— (A) in the matter preceding paragraph (1), 307 of the Illegal Immigration Reform and (i) in the first sentence by striking ‘‘Attor- by striking ‘‘Attorney General’’ and insert- Immigrant Responsibility Act of 1996 (Public ney General’’ and inserting ‘‘Secretary of ing ‘‘Secretary’’; Law 104–208; 110 Stat. 3009–612)) or section Homeland Security’’; (B) in paragraph (1), in subparagraphs (A) 241(b)(3) of the Immigration and Nationality (ii) by striking ‘‘(c)’’ and inserting ‘‘(d)’’; and (B), by striking ‘‘Service’’ and inserting Act (8 U.S.C. 1231(b)(3)). and ‘‘Department of Homeland Security’’; and (D) Aliens granted or seeking protection (iii) in the second sentence by striking (C) in paragraph (3), by striking ‘‘Service’’ under article 3 of the Convention Against ‘‘Attorney General’’ and inserting ‘‘Sec- and inserting ‘‘Secretary of Homeland Secu- Torture and other Cruel, Inhumane, or De- retary’’; rity’’; grading Treatment or Punishment, done at (B) in paragraph (2)— (7) by inserting after subsection (f), as re- New York, December 10, 1994. (i) in subparagraph (A)— designated, the following new subparagraph: (I) by striking ‘‘Attorney General’’ and in- (E) Applicants for relief and benefits under ‘‘(g) ADMINISTRATIVE REVIEW.—If an immi- the Immigration and Nationality Act pursu- serting ‘‘Secretary’’; and gration judge’s custody decision has been ant to the amendments made by the Traf- (II) by striking ‘‘or’’ at the end; stayed by the action of an officer or em- ficking Victims Protection Act of 2000 (divi- (ii) in subparagraph (B), by striking ‘‘but’’ ployee of the Department of Homeland Secu- sion A of Public Law 106–386; 114 Stat. 1464), at the end; and rity, the stay shall expire in 30 days, unless (iii) by inserting after subparagraph (B) including applicants for nonimmigrant sta- the Board of Immigration Appeals before the following: tus under subparagraph (T) or (U) of section that time, and upon motion, enters an order ‘‘(C) the alien’s own recognizance; or 101(a)(15) of the Immigration and Nationality continuing the stay.’’; and ‘‘(D) a secure alternatives program as pro- Act (8 U.S.C. 1101(a)(15)). (8) in subsection (h), as redesignated— vided for in this section; but’’; (F) Applicants for relief and benefits under (A) by striking ‘‘Attorney General’s’’ and (2) by redesignating subsections (b), (c), the Immigration and Nationality Act pursu- inserting ‘‘Secretary of Homeland Secu- (d), and (e) as subsections (d), (e), (f), and (h), ant to the amendments made by the Vio- rity’s’’; and respectively; lence Against Women Act of 2000 (division B (B) by striking ‘‘Attorney General’’ and in- (3) by inserting after subsection (a) the fol- of Public Law 106–386; 114 Stat. 1491). serting ‘‘Secretary’’. lowing new subsections: (G) Unaccompanied alien children (as de- ‘‘(b) CUSTODY DECISIONS.— SEC. ll05. LEGAL ORIENTATION PROGRAM. fined in 462(g) of the Homeland Security Act ‘‘(1) IN GENERAL.—In the case of a decision (a) IN GENERAL.—The Attorney General, in of 2002 (6 U.S.C. 279(g)). under subsection (a) or (d), the following consultation with the Secretary, shall en- SEC. ll03. RECORDING SECONDARY INSPEC- shall apply: sure that all detained aliens in immigration TION INTERVIEWS. ‘‘(A) The decision shall be made in writing and asylum proceedings receive legal ori- (a) IN GENERAL.—The Secretary shall es- and shall be served upon the alien. A deci- entation through a program administered tablish quality assurance procedures to en- sion to continue detention without bond or and implemented by the Executive Office for sure the accuracy and verifiability of signed parole shall specify in writing the reasons Immigration Review of the Department of or sworn statements taken by employees of for that decision. Justice. the Department exercising expedited re- ‘‘(B) The decision shall be served upon the (b) CONTENT OF PROGRAM.—The legal ori- moval authority under section 235(b) of the alien within 72 hours of the alien’s detention entation program developed pursuant to this

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section shall be based on the Legal Orienta- (9) RECREATIONAL PROGRAMS AND ACTIVI- (i) the Department of Justice; tion Program carried out by the Executive TIES.—Daily access to indoor and outdoor (ii) the Office of the Inspector General of Office for Immigration Review on the date of recreational programs and activities. the Department; the enactment of this Act. (c) SPECIAL STANDARDS FOR NONCRIMINAL (iii) the Office of Civil Rights and Civil (c) EXPANSION OF LEGAL ASSISTANCE.—The DETAINEES.—The Secretary shall promulgate Liberties of the Department; or Secretary shall ensure the expansion new standards, or modifications to existing (iv) any other relevant office or agency. through the United States Citizenship and standards, that— (3) REPORT TO CONGRESS.— Immigration Service of public-private part- (1) recognize the distinctions between per- (A) IN GENERAL.—The Administrator of the nerships that facilitate pro bono counseling sons with criminal convictions or a history Office shall submit to the Secretary, the and legal assistance for asylum seekers of violent behavior and all other detainees; Committee on the Judiciary and the Com- awaiting a credible fear of persecution inter- and mittee on Homeland Security and Govern- view, as a continuation of existing programs, (2) ensure that procedures and conditions mental Affairs of the Senate, and the Com- such as the pilot program developed in Ar- of detention are appropriate for a non- mittee on the Judiciary and the Committee lington, Virginia by the United States Citi- criminal, nonviolent population. on Homeland Security of the House of Rep- zenship and Immigration Service. (d) SPECIAL STANDARDS FOR VULNERABLE resentatives an annual report on the Admin- SEC. ll06. CONDITIONS OF DETENTION. POPULATIONS.—The Secretary shall promul- istrator’s findings on detention conditions (a) IN GENERAL.—The Secretary shall en- gate new standards, or modifications to ex- and the results of the investigations carried sure that standards governing conditions and isting standards, that— out by the Administrator. procedures at detention facilities are fully (1) recognize the unique needs of asylum (B) CONTENTS OF REPORT.—Each report re- implemented and enforced, and that all de- seekers, victims of torture and trafficking, quired by subparagraph (A) shall include— tention facilities comply with the standards. families with children, detainees who do not (i) a description of the actions to remedy (b) PROCEDURES AND STANDARDS.—The Sec- retary shall promulgate new standards, or speak English, detainees with special reli- findings of noncompliance or other problems modify existing detention standards, to im- gious, cultural or spiritual considerations, that are taken by the Secretary or the As- prove conditions in detention facilities. The and other vulnerable populations; and sistant Secretary of Homeland Security for improvements shall address at a minimum (2) ensure that procedures and conditions United States Immigration and Customs En- the following policies and procedures: of detention are appropriate for the popu- forcement, and each detention facility found (1) FAIR AND HUMANE TREATMENT.—Proce- lations listed in this subsection. to be in noncompliance; and dures to ensure that detainees are not sub- (e) TRAINING OF PERSONNEL.— (ii) information regarding whether such ac- ject to degrading or inhumane treatment (1) IN GENERAL.—The Secretary shall en- tions were successful and resulted in compli- such as physical abuse, sexual abuse or har- sure that personnel in detention facilities ance with detention standards. assment, or arbitrary punishment. are given specialized training to better un- (4) REVIEW OF COMPLAINTS BY DETAINEES.— (2) LIMITATIONS ON SOLITARY CONFINE- derstand and work with the population of de- The Administrator of the Office shall estab- MENT.—Procedures limiting the use of soli- tainees held at the facilities where such per- lish procedures to receive and review com- tary confinement, shackling, and strip sonnel work. The training should address the plaints of violations of the detention stand- searches of detainees to situations where the unique needs of— ards promulgated by the Secretary. The pro- use of such techniques is necessitated by se- (A) asylum seekers; cedures shall protect the anonymity of the curity interests or other extraordinary cir- (B) victims of torture or other trauma; and claimant, including detainees, employees, or cumstances. (C) other vulnerable populations. others, from retaliation. (2) SPECIALIZED TRAINING.—The training re- (3) INVESTIGATION OF GRIEVANCES.—Proce- (c) COOPERATION WITH OTHER OFFICES AND quired by this subsection shall be designed to dures for the prompt and effective investiga- AGENCIES.—Whenever appropriate, the Ad- better enable personnel to work with detain- tion of grievances raised by detainees. ministrator of the Office shall cooperate and ees from different countries, and detainees (4) ACCESS TO TELEPHONES.—Procedures coordinate its activities with— who cannot speak English. The training permitting detainees sufficient access to (1) the Office of the Inspector General of shall emphasize that many detainees have no telephones, and the ability to contact, free of the Department; criminal records and are being held for civil charge, legal representatives, the immigra- (2) the Office of Civil Rights and Civil Lib- violations. tion courts, the Board of Immigration Ap- erties of the Department; peals, and the Federal courts through con- SEC. ll07. OFFICE OF DETENTION OVERSIGHT. (3) the Privacy Officer of the Department; fidential toll-free numbers. (a) ESTABLISHMENT OF THE OFFICE.— (4) the Civil Rights Division of the Depart- (5) LOCATION OF FACILITIES.—Location of (1) IN GENERAL.—There shall be established ment of Justice; or detention facilities, to the extent prac- within the Department an Office of Deten- (5) any other relevant office or agency. ticable, near sources of free or low-cost legal tion Oversight (in this section referred to as representation with expertise in asylum or the ‘‘Office’’). SEC. ll08. SECURE ALTERNATIVES PROGRAM. immigration law. (2) HEAD OF THE OFFICE.—There shall be at (a) ESTABLISHMENT OF PROGRAM.—The Sec- (6) PROCEDURES GOVERNING TRANSFERS OF the head of the Office an Administrator who retary shall establish a secure alternatives DETAINEES.—Procedures governing the trans- shall be appointed by, and shall report to, program under which an alien who has been fer of a detainee that take into account— the Secretary. detained may be released under enhanced su- (A) the detainee’s access to legal rep- (3) SCHEDULE.—The Office shall be estab- pervision to prevent the alien from abscond- resentatives; and lished and the Administrator of the Office ing and to ensure that the alien makes ap- (B) the proximity of the facility to the appointed not later than 6 months after the venue of the asylum or removal proceeding. date of enactment of this Act. pearances related to such detention. (7) QUALITY OF MEDICAL CARE.— (b) RESPONSIBILITIES OF THE OFFICE.— (b) PROGRAM REQUIREMENTS.— (A) IN GENERAL.—Prompt and adequate (1) INSPECTIONS OF DETENTION CENTERS.— (1) NATIONWIDE IMPLEMENTATION.—The Sec- medical care provided at no cost to the de- The Administrator of the Office shall— retary shall facilitate the development of tainee, including dental care, eye care, men- (A) undertake frequent and unannounced the secure alternatives program on a nation- tal health care, and where appropriate, indi- inspections of all detention facilities; wide basis, as a continuation of existing vidual and group counseling, medical dietary (B) develop a procedure for any detainee or pilot programs such as the Intensive Super- needs, and other medically necessary spe- the detainee’s representative to file a writ- vision Appearance Program developed by the cialized care. Medical facilities in all deten- ten complaint directly with the Office; and Department. tion facilities used by the Department main- (C) report to the Secretary and to the As- (2) UTILIZATION OF ALTERNATIVES.—The se- tain current accreditation by the National sistant Secretary of Homeland Security for cure alternatives program shall utilize a Commission on Correctional Health Care United States Immigration and Customs En- continuum of alternatives based on the (NCCHC). Requirements that each medical forcement all findings of a detention facili- alien’s need for supervision, including place- facility that is not accredited by the Joint ty’s noncompliance with detention stand- ment of the alien with an individual or orga- Commission on the Accreditation of Health ards. nizational sponsor, or in a supervised group Care Organizations (JCAHO) will seek to ob- (2) INVESTIGATIONS.—The Administrator of home. tain such accreditation. Maintenance of the Office shall— (3) ALIENS ELIGIBLE FOR SECURE ALTER- complete medical records for every detainee (A) initiate investigations, as appropriate, NATIVES PROGRAM.— which shall be made available upon request into allegations of systemic problems at de- (A) IN GENERAL.—Aliens who would other- to a detainee, his legal representative, or tention facilities or incidents that constitute wise be subject to detention based on a con- other authorized individuals. serious violations of detention standards; sideration of the release criteria in section (8) TRANSLATION CAPABILITIES.—The em- (B) report to the Secretary and the Assist- 236(b)(2), or who are released pursuant to sec- ployment of detention facility staff that, to ant Secretary of Homeland Security for tion 236(e)(2), shall be considered for the se- the extent practicable, are qualified in the United States Immigration and Customs En- cure alternatives program. languages represented in the population of forcement the results of all investigations; (B) DESIGN OF PROGRAMS.—Secure alter- detainees at a detention facility, and the and natives programs shall be designed to ensure provision of alternative translation services (C) refer matters, where appropriate, for sufficient supervision of the population de- when necessary. further action to— scribed in subparagraph (A).

VerDate Aug 31 2005 09:31 May 25, 2007 Jkt 059060 PO 00000 Frm 00326 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.274 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6903 (4) CONTRACTS.—The Secretary shall enter and for other purposes; which was or- ‘‘(2) EXTENSION OF REPLACEMENT PERIOD into contracts with qualified nongovern- dered to lie on the table; as follows: FOR NONRECOGNITION OF GAIN.—Section mental entities to implement the secure al- At the end of title IV, insert the following: 1400L(g), by substituting ‘storms on May 4, ternatives program. 2007’ for ‘terrorist attacks on September 11, SEC. 427. ENHANCED ROLE FOR NON-GOVERN- (5) OTHER CONSIDERATIONS.—In designing MENTAL ENTITIES. 2001’. ‘‘(3) EMPLOYEE RETENTION CREDIT FOR EM- such program, the Secretary shall— (a) IN GENERAL.—In carrying out the provi- (A) consult with relevant experts; and sions of this title, or any of the amendments PLOYERS AFFECTED BY MAY 4 STORMS.—Sec- (B) consider programs that have proven made by this title, the Secretary of Home- tion 1400R(a)— ‘‘(A) by substituting ‘May 4, 2007’ for ‘Au- successful in the past, including the Appear- land Security, the Secretary of Labor, and gust 28, 2005’ each place it appears, ance Assistance Program developed by the the Secretary of State are authorized to ‘‘(B) by substituting ‘January 1, 2008’ for Vera Institute and the Intensive Supervision enter into contractual agreements with non- ‘January 1, 2006’ both places it appears, and Appearance Program. governmental entities— SEC. ll09. LESS RESTRICTIVE DETENTION FA- ‘‘(C) only with respect to eligible employ- (1) to assist with the implementation, ers who employed an average of not more CILITIES. processing, and operation of the temporary (a) CONSTRUCTION.—The Secretary shall fa- than 200 employees on business days during worker programs established under subtitles the taxable year before May 4, 2007. cilitate the construction or use of secure but A and B; less restrictive detention facilities. ‘‘(4) SPECIAL ALLOWANCE FOR CERTAIN PROP- (2) to maximize the effectiveness of such ERTY ACQUIRED ON OR AFTER MAY 5, 2007.—Sec- (b) CRITERIA.—In developing detention fa- operations; and cilities pursuant to this section, the Sec- tion 1400N(d)— (3) to reduce expenditures and increase ef- ‘‘(A) by substituting ‘qualified Recovery retary shall— ficiencies related to such operations. (1) consider the design, operation, and con- Assistance property’ for ‘qualified Gulf Op- (b) REQUIRED CONSIDERATIONS.—To the ex- portunity Zone property’ each place it ap- ditions of existing secure but less restrictive tent that any Secretary acts under the au- detention facilities, such as the Depart- pears, thority granted under subsection (a), that ‘‘(B) by substituting ‘May 5, 2007’ for ‘Au- ment’s detention facilities in Broward Coun- Secretary shall give priority consideration gust 28, 2005’ each place it appears, ty, Florida, and Berks County, Pennsyl- to non-governmental entities with— ‘‘(C) by substituting ‘December 31, 2008’ for vania; (1) experience or competence in the busi- ‘December 31, 2007’ in paragraph (2)(A)(v), (2) to the extent practicable, construct or ness of evaluation, recruitment, and place- ‘‘(D) by substituting ‘December 31, 2009’ for use detention facilities where— ment of employees with employers based in ‘December 31, 2008’ paragraph (2)(A)(v), (A) movement within and between indoor the United States; ‘‘(E) by substituting ‘May 4, 2007’ for ‘Au- and outdoor areas of the facility is subject to (2) the ability to ensure the security and gust 27, 2005’ in paragraph (3)(A), minimal restrictions; placement of its processes and operations; ‘‘(F) by substituting ‘January 1, 2009’ for (B) detainees have ready access to social, and ‘January 1, 2008’ in paragraph (3)(B), and psychological, and medical services; (3) the ability to meet other any other re- ‘‘(G) determined without regard to para- (C) detainees with special needs, including quirements determined to be appropriate by graph (6) thereof. those who have experienced trauma or tor- that Secretary. ‘‘(5) INCREASE IN EXPENSING UNDER SECTION ture, have ready access to services and treat- 179.—Section 1400N(e), by substituting ‘quali- ment addressing their needs; SA 1193. Mr. ROBERTS (for himself fied section 179 Recovery Assistance prop- (D) detainees have ready access to pro- and Mr. BROWNBACK) submitted an erty’ for ‘qualified section 179 Gulf Oppor- grams and recreation; amendment intended to be proposed by tunity Zone property’ each place it appears. (E) detainees are permitted contact visits him to the bill S. 1423, to extend tax re- ‘‘(6) EXPENSING FOR CERTAIN DEMOLITION with legal representatives and family mem- lief to the residents and businesses of AND CLEAN-UP COSTS.—Section 1400N(f)— bers; and ‘‘(A) by substituting ‘qualified Recovery (F) special facilities are provided to fami- an area with respect to which a major Assistance clean-up cost’ for ‘qualified Gulf lies with children. disaster has been declared by the Presi- Opportunity Zone clean-up cost’ each place (c) FACILITIES FOR FAMILIES WITH CHIL- dent under section 401 of the Robert T. it appears, and DREN.—For situations where release or se- Stafford Disaster Relief and Emer- ‘‘(B) by substituting ‘beginning on May 4, cure alternatives programs are not an op- gency Assistance Act (FEMA–1699–DR) 2007, and ending on December 31, 2009’ for ‘be- tion, the Secretary shall, to the extent prac- by reason of severe storms and tor- ginning on August 28, 2005, and ending on De- ticable, ensure that special detention facili- nados beginning on May 4, 2007, and de- cember 31, 2007’ in paragraph (2) thereof. ties are specifically designed to house par- ‘‘(7) TREATMENT OF PUBLIC UTILITY PROP- ents with their minor children, including en- termined by the President to warrant ERTY DISASTER LOSSES.—Section 1400N(o). suring that— individual or public assistance from ‘‘(8) TREATMENT OF NET OPERATING LOSSES (1) procedures and conditions of detention the Federal Government under such ATTRIBUTABLE TO STORM LOSSES.—Section are appropriate for families with minor chil- Act; which was referred to the Com- 1400N(k)— dren; and mittee on Finance; as follows: ‘‘(A) by substituting ‘qualified Recovery (2) living and sleeping quarters for children Strike all after the enacting clause and in- Assistance loss’ for ‘qualified Gulf Oppor- under 14 years of age are not physically sepa- sert the following: tunity Zone loss’ each place it appears, rated from at least 1 of the child’s parents. SECTION 1. SHORT TITLE. ‘‘(B) by substituting ‘after May 3, 2007, and (d) PLACEMENT IN NONPUNITIVE FACILI- This Act may be cited as ‘‘Kansas Disaster before on January 1, 2010’ for ‘after August TIES.—Among the factors to be considered Tax Relief Assistance Act’’. 27, 2005, and before January 1, 2008’ each with respect to placing a detainee in a less SEC. 2. TEMPORARY TAX RELIEF. place it appears, ‘‘(C) by substituting ‘May 4, 2007’ for ‘Au- restrictive facility is whether the detainee (a) IN GENERAL.—Subchapter Y of the In- is— ternal Revenue Code of 1986 (relating to gust 28, 2005’ in paragraph (2)(B)(ii)(I) there- (1) an asylum seeker; short-term regional benefits) is amended by of, ‘‘(D) by substituting ‘qualified Recovery (2) part of a family with minor children; adding at the end the following new part: (3) a member of a vulnerable population; or Assistance property’ for ’qualified Gulf Op- ‘‘PART III—TAX BENEFITS FOR OTHER portunity Zone property’ in paragraph (4) a nonviolent, noncriminal detainee. DISASTER AREAS (e) PROCEDURES AND STANDARDS.—Where (2)(B)(iv) thereof, and ‘‘Sec. l400U. Tax benefits for Kiowa County, necessary, the Secretary shall promulgate ‘‘(E) by substituting ‘qualified Recovery Kansas and surrounding area. new standards, or modify existing detention Assistance casualty loss’ for ‘qualified Gulf standards, to promote the development of ‘‘SEC. 1400U. TAX BENEFITS FOR KIOWA COUNTY, Opportunity Zone casualty loss’ each place it KANSAS AND SURROUNDING AREA. less restrictive detention facilities. appears. ‘‘The following provisions of this sub- ‘‘(9) TREATMENT OF REPRESENTATIONS RE- SEC. ll10. AUTHORIZATION OF APPROPRIA- chapter shall apply, in addition to the areas GARDING INCOME ELIGIBILITY FOR PURPOSES OF TIONS; EFFECTIVE DATE. described in such provisions, to an area with QUALIFIED RENTAL PROJECT REQUIREMENTS.— (a) AUTHORIZATION OF APPROPRIATIONS.— respect to which a major disaster has been There are authorized to be appropriated such Section 1400N(n). declared by the President under section 401 ‘‘(10) SPECIAL RULES FOR USE OF RETIRE- sums as are necessary to carry out this sub- of the Robert T. Stafford Disaster Relief and MENT FUNDS.—Section 1400Q— title. Emergency Assistance Act (FEMA–1699–DR) ‘‘(A) by substituting ‘qualified Recovery (b) EFFECTIVE DATE.—This subtitle and the by reason of severe storms and tornados be- Assistance distribution’ for ‘qualified hurri- amendments made by this subtitle shall take ginning on May 4, 2007, and determined by cane distribution’ each place it appears, effect on the date that is 6 months after the the President to warrant individual or public ‘‘(B) by substituting ‘on or after May 4, date of enactment of this Act. assistance from the Federal Government 2007, and before January 1, 2009’ for ‘on or under such Act: after August 25, 2005, and before January 1, SA 1192. Mrs. HUTCHISON submitted ‘‘(1) Suspension of certain limitations on 2007’ in subsection (a)(4)(A)(i), an amendment intended to proposed by personal casualty losses.—Section ‘‘(C) by substituting ‘qualified storm dis- her to the bill S. 1348, to provide for 1400S(b)(1), by substituting ‘May 4, 2007’ for tribution’ for ‘qualified Katrina distribution’ comprehensive immigration reform ’August 25, 2005’. each place it appears,

VerDate Aug 31 2005 09:31 May 25, 2007 Jkt 059060 PO 00000 Frm 00327 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.274 S24MYPT1 bajohnson on PRODPC74 with SENATE S6904 CONGRESSIONAL RECORD — SENATE May 24, 2007 ‘‘(D) by substituting ‘after November 4, prehensive immigration reform and for her to the bill S. 1348, to provide for 2006, and before May 5, 2007’ for ‘after Feb- other purposes; which was ordered to comprehensive immigration reform ruary 28, 2005, and before August 29, 2005’ in lie on the table; as follows: and for other purposes; which was or- subsection (b)(2)(B)(ii), dered to lie on the table; as follows: ‘‘(E) by substituting ‘beginning on May 4, Strike section 607 and insert the following: 2007, and ending on November 5, 2007’ for ‘be- SEC. 607. PRECLUSION OF SOCIAL SECURITY At the end of title IV, insert the following: ginning on August 25, 2005, and ending on CREDITS PRIOR TO ENUMERATION. SEC. 427. REPORT ON Y NONIMMIGRANT VISAS. February 28, 2006’ in subsection (b)(3)(A), (a) INSURED STATUS.—Section 214 of the So- (a) IN GENERAL.—The Secretary of Home- ‘‘(F) by substituting ‘qualified storm indi- cial Security Act (42 U.S.C. 414) is amended land Security shall annually report to Con- vidual’ for ‘qualified Hurricane Katrina indi- by adding at the end, the following new sub- gress on the number of Y nonimmigrant visa vidual’ each place it appears, section: holders that do not report at a port of depar- ture and return to their foreign residence, as ‘‘(G) by substituting ‘December 31, 2007’ for ‘‘(d)(1) Except as provided in paragraph (2), required under section 218A(j)(3) of the Im- ‘December 31, 2006’ in subsection (c)(2)(A), no quarter of coverage shall be credited for migration and Nationality Act, as added by ‘‘(H) by substituting ‘beginning on June 4, purposes of this section if, with respect to section 402 of this Act. 2007, and ending on December 31, 2007’ for ‘be- any individual who is assigned a social secu- (b) TIMING OF REPORTS.— ginning on September 24, 2005, and ending on rity account number on or after the date of enactment of the Secure Borders, Economic (1) INITIAL REPORT.—The initial report re- December 31, 2006’ in subsection (c)(4)(A)(i), quired under subsection (a) shall be sub- ‘‘(I) by substituting ‘May 4, 2007’ for ‘Au- Opportunity and Immigration Reform Act of 2007, such quarter of coverage is earned prior mitted to Congress not later than 2 years gust 25, 2005’ in subsection (c)(4)(A)(ii), and and 2 months after the date on which the ‘‘(J) by substituting ‘January 1, 2008’ for to the year in which such social security ac- count number is assigned. Secretary of Homeland Security makes the ‘January 1, 2007’ in subsection (d)(2)(A)(ii).’’. certification described in section 1(a) of this (b) CLERICAL AMENDMENT.—The table of ‘‘(2) Paragraph (1) shall not apply with re- spect to any quarter of coverage earned by Act. parts for subchapter Y of the Internal Rev- (2) SUBSEQUENT REPORTS.—Following the an individual who, at such time such quarter enue Code of 1986 is amended by adding at submission of the initial report under para- of coverage is earned, satisfies the criterion the end the following new item: graph (1), each subsequent report required specified in subsection (c)(2).’’. under subsection (a) shall be submitted to ‘‘Part III. Tax benefits for other disaster (b) BENEFIT COMPUTATION.—Section 215(e) Congress not later than 60 days after the end areas.’’. of such Act (42 U.S.C. 415(e)) is amended— of each calendar year. (1) by striking ‘‘and’’ at the end of para- SA 1194. Mr. MENENDEZ (for himself (c) REQUIRED ACTION.—Based upon the find- graph (1); ings in the reports required under subsection Mr. HAGEL, Mr. DURBIN, Mrs. CLINTON, (2) by striking the period at the end of (a), the Secretary, for the following calendar Mr. DODD, Mr. OBAMA, Mr. AKAKA, Mr. paragraph (2) and inserting ‘‘; and’’; and year, shall reduce the number of available Y LAUTENBERG, and Mr. INOUYE) sub- (3) by adding at the end the following new nonimmigrant visas by a number which is mitted an amendment intended to be paragraph: equal to the number of Y nonimmigrant visa proposed to amendment SA 1150 pro- ‘‘(3) in computing the average indexed holders who do not return to their foreign monthly earnings of an individual who is as- posed by Mr. REID (for Mr. KENNEDY residence, as required under section signed a social security account number on 218A(j)(3) of the Immigration and Nation- (for himself and Mr. SPECTER)) to the or after the date of enactment of the Secure ality Act, as added by section 402 of this Act. bill S. 1348, to provide for comprehen- Borders, Economic Opportunity and Immi- sive immigration reform and for other gration Reform Act of 2007, there shall not SA 1199. Mr. DODD (for himself and purposes; as follows: be counted any wages or self-employment in- Mr. MENENDEZ) proposed an amend- In paragraph (1) of subsection (c) of the come for which no quarter of coverage may ment SA 1150 proposed by Mr. REID (for quoted matter under section 501(a), strike be credited to such individual as a result of himself and Mr. SPECTER) to the bill S. ‘‘567,000’’ and insert ‘‘677,000’’. the application of section 214(d).’’. 1348, to provide for comprehensive im- In the fourth item contained in the second migration reform and for other pur- column of the row relating to extended fam- SA 1196. Mr. DEMINT submitted an poses; as follows: ily of the table contained in subparagraph amendment intended to be proposed by Beginning on page 270, line 15, strike ‘‘not (A) of paragraph (1) of the quoted matter him to the bill S. 1348, to provide for to exceed 40,000’’ and all that follows through under section 502(b)(1), strike ‘‘May 1, 2005’’ comprehensive immigration reform ‘‘Y-1 nonimmigrant status terminated.’’ on and insert ‘‘January 1, 2007’’. page 280, line 2, and insert the following: In paragraph (3) of the quoted matter and for other purposes; which was or- ‘‘not to exceed 90,000, plus any visas not re- under section 503(c)(3), strike ‘‘May 1, 2005’’ dered to lie on the table; as follows: quired for the classes specified in paragraph At the appropriate place, insert the fol- and insert ‘‘January 1, 2007’’. (3), or’’. lowing: In paragraph (3) of the quoted matter (2) By striking paragraph (2) and inserting under section 503(c)(3), strike ‘‘440,000’’ and SEC. lll. CUSTOMS AND BORDER PATROL MAN- the following: insert ‘‘550,000’’. AGEMENT FLEXIBILITY. ‘‘(2) Spouses or children of an alien law- In subparagraph (A) of paragraph (3) of the Notwithstanding any other provision of fully admitted for permanent residence or a quoted matter under section 503(c)(3), strike law, the Commissioner of U.S. Customs and national. Qualified immigrants who are the ‘‘70,400’’ and insert ‘‘88,000’’. Border Patrol may employ, appoint, dis- spouses or children of an alien lawfully ad- In subparagraph (B) of paragraph (3) of the cipline, terminate, and fix the compensation, mitted for permanent residence or a noncit- quoted matter under section 503(c)(3), strike terms, and conditions of employment of Fed- izen national of the United States as defined ‘‘110,000’’ and insert ‘‘137,500’’. eral service for such a number of individuals in section 101(a)(22)(B) of this Act who is In subparagraph (C) of paragraph (3) of the as the Commissioner determines to be nec- resident in the United States shall be allo- quoted matter under section 503(c)(3), strike essary to carry out the functions of the U.S. cated visas in a number not to exceed 87,000, ‘‘70,400’’ and insert ‘‘88,000’’. Customs and Border Patrol. The Commis- plus any visas not required for the class In subparagraph (D) of paragraph (3) of the sioner shall establish levels of compensation specified in paragraph (1).’’. quoted matter under section 503(c)(3), strike and other benefits for individuals so em- (3) By striking paragraph (3) and inserting ‘‘189,200’’ and insert ‘‘236,500’’. ployed. the following: In paragraph (2) of section 503(e), strike ‘‘(3) Family-sponsored immigrants who are ‘‘May 1, 2005’’ each place it appears and in- SA 1197. Mr. DEMINT submitted an beneficiaries of family-based visa petitions sert ‘‘January 1, 2007’’. amendment intended to be proposed by filed before May 1, 2005. Immigrant visas to- In paragraph (1) of section 503(f), strike him to the bill S. 1348, to provide for taling 440,000 shall be allotted visas as fol- ‘‘May 1, 2005’’ and insert ‘‘January 1, 2007,’’. lows: In paragraph (6) of the quoted matter comprehensive immigration reform and for other purposes; which was or- ‘‘(A) Qualified immigrants who are the un- under section 508(b), strike ‘‘May 1, 2005’’ and married sons or daughters of citizens of the insert ‘‘January 1, 2007’’. dered to lie on the table; as follows: United States shall be allocated visas total- In paragraph (5) of section 602(a), strike At the end of subsection (e) of section 601, ing 70,400 immigrant visas, plus any visas ‘‘May 1, 2005’’ and insert ‘‘January 1, 2007’’. add the following: not required for the class specified in (D). In subparagraph (A) of section 214A(j)(7) of (9) HEALTH COVERAGE.—The alien shall es- ‘‘(B) Qualified immigrants who are the un- the quoted matter under section 622(b), tablish that the alien will maintain a min- married sons or unmarried daughters of an strike ‘‘May 1, 2005’’ and insert ‘‘January 1, imum level of health coverage through a alien lawfully admitted for permanent resi- 2007’’. qualified health care plan (within the mean- dence, shall be allocated visas totaling ing of section 223(c) of the Internal Revenue 110,000 immigrant visas, plus any visas not SA 1195. Mr. ENSIGN (for himself Code of 1986). required for the class specified in (A). and Mr. THOMAS) submitted an amend- ‘‘(C) Qualified immigrants who are the ment intended to be proposed by him SA 1198. Mrs. BOXER submitted an married sons or married daughters of citi- to the bill S. 1348, to provide for com- amendment intended to be proposed by zens of the United States shall be allocated

VerDate Aug 31 2005 10:50 May 25, 2007 Jkt 059060 PO 00000 Frm 00328 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.274 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6905 visas totaling 70,400 immigrant visas, plus set forth in this section. The number cal- minate if not granted within the fiscal year any visas not required for the class specified culated pursuant to this paragraph shall be in which they were filed. The Secretary may in (A) and (B). the lesser of: in his discretion establish such reasonable ‘‘(D) Qualified immigrants who are the (A) the number of qualified applicants, as application period or other procedures for brothers or sisters of citizens of the United determined by the Secretary pursuant to filing petitions as he may deem necessary in States, if such citizens are at least 21 years this paragraph; and order to ensure their orderly processing of age, shall be allocated visas totaling (B) the number calculated pursuant to within the fiscal year of filing. 189,200 immigrant visas, plus any visas not paragraph (2). ‘‘(3) The Secretary may reserve up to 2,500 required for the class specified in (A), (B), (g) CONFORMING AMENDMENTS.— of the immigrant visas under this section for and (C).’’. (1) Section 212(d)(12)(B) of the Immigration approval in the period between March 31 and (4) By striking paragraph (4). and Nationality Act (8 U.S.C. 1182(d)(12)(B)) September 30 of a fiscal year. (d) PETITION.—Section 204(a)(1)(A)(i) of the is amended by striking ‘‘201(b)(2)(A)’’ and in- ‘‘(d) Decisions whether an alien qualifies Immigration and Nationality Act (8 U.S.C. serting ‘‘201(b)(2)’’. for an immigrant visa under this section are 1154(a)(1)(A)(i)) is amended by striking ‘‘, (3), (2) Section 101(a)(15)(K) of the Immigration in the unreviewable discretion of the Sec- or (4)’’ after ‘‘paragraph (1)’’. and Nationality Act (8 U.S.C. 1101(a)(15)(K)) retary.’’. (e) EFFECTIVE DATE.— is amended by striking ‘‘201(b)(2)(A)(i)’’ and SEC. 505. ELIMINATION OF DIVERSITY VISA PRO- (1) IN GENERAL.—The amendments made by inserting ‘‘201(b)(2)’’. GRAM. this section shall take effect on the first day (3) Section 204(a) of the Immigration and (a) Section 201 of the Immigration and Na- of the fiscal year subsequent to the fiscal Nationality Act (8 U.S.C. 1154(a)) is amended tionality Act (8 U.S.C. 1151) is amended— year of enactment. by striking ‘‘201(b)(2)(A)(i)’’ each place it ap- (1) in subsection (a)— (2) PENDING AND APPROVED PETITIONS.—Pe- pears and inserting ‘‘201(b)(2)’’. titions for a family-sponsored visa filed for (A) by inserting ‘‘and’’ at the end of para- (4) Section 214(r)(3)(A) of the Immigration graph (1); classification under section 203(a)(1), (2)(B), and Nationality Act (8 U.S.C. 1184(r)(3)(A)) is (3), or (4) of the Immigration and Nationality (B) by striking ‘‘; and’’ at the end of para- amended by striking ‘‘201(b)(2)(A)(i)’’ and in- graph (2) and inserting a period; and Act (as such provisions existed prior to the serting ‘‘201(b)(2)’’. enactment of this section) which were filed (C) by striking paragraph (3); and SEC. 504. CREATION OF PROCESS FOR IMMIGRA- (2) by striking subsection (e). before May 1, 2005, regardless of whether the TION OF FAMILY MEMBERS IN petitions have been approved before May 1, (b) Section 203 of the Immigration and Na- HARDSHIP CASES. tionality Act (8 U.S.C. 1153) is amended— 2005, shall be treated as if such provision re- (a) IN GENERAL.—The Immigration and Na- mained in effect, and an approved petition (1) by striking subsection (c); tionality Act (8 U.S.C. 1101 et seq.) is amend- (2) in subsection (d), by striking ‘‘(a), (b), may be the basis of an immigrant visa pursu- ed by adding a new section 203A reading: ant to section 203(a)(3). or (c),’’ and inserting ‘‘(a) or (b),’’; ‘‘SEC. 203A. IMMIGRANT VISAS FOR HARDSHIP (3) in subsection (e), by striking paragraph (f) DETERMINATIONS OF NUMBER OF INTEND- CASES. (2) and redesignating paragraph (3) as para- ING LAWFUL PERMANENT RESIDENTS.— ‘‘(a) IN GENERAL.—Immigrant visas under graph (2); (1) SURVEY OF PENDING AND APPROVED FAM- this section may not exceed 5,000 per fiscal (4) in subsection (f), by striking ‘‘(a), (b), or ILY-BASED PETITIONS.—The Secretary of year. Homeland Security may require a submis- ‘‘(b) DETERMINATION OF ELIGIBILITY.—The (c)’’ and inserting ‘‘(a) or (b)’’; and sion from petitioners with approved or pend- Secretary of Homeland Security may grant (5) in subsection (g), by striking ‘‘(a), (b), ing family-based petitions filed for classi- an immigrant visa to an applicant who satis- and (c)’’ and inserting ‘‘(a) and (b)’’. fication under section 203(a)(1), (2)(B), (3), or fies the following qualifications: (c) Section 204 of the Immigration and Na- (4) of the Immigration and Nationality Act ‘‘(1) FAMILY RELATIONSHIP.—Visas under tionality Act (8 U.S.C. 1154) is amended— (as such provisions existed prior to the en- this section will be given to aliens who are: (1) by striking subsection (a)(1)(I); actment of this section) filed on or before ‘‘(A) the unmarried sons or daughters of (2) by redesignating subparagraphs (J), (K), May 1, 2005 to determine that the petitioner citizens of the United States; and (L) of subsection (a)(1) as subparagraphs and the beneficiary have a continuing com- ‘‘(B) the unmarried sons or the unmarried (I), (J), and (K), respectively; and mitment to the petition for the alien rel- daughters of aliens lawfully admitted for (3) in subsection (e), by striking ‘‘(a), (b), ative under the classification. In the event permanent residence; or (c)’’ and inserting ‘‘(a) or (b)’’. the Secretary requires a submission pursu- ‘‘(C) the married sons or married daughters (d) REPEAL OF TEMPORARY REDUCTION IN ant to this section, the Secretary shall take of citizens of the United States; or VISAS FOR OTHER WORKERS.—Section 203(e) reasonable steps to provide notice of such a ‘‘(D) the brothers or sisters of citizens of of the Nicaraguan Adjustment and Central requirement. In the event that the petitioner the United States, if such citizens are at American Relief Act, as amended (Public or beneficiary is no longer committed to the least 21 years of age. Law 105–100; 8 U.S.C. 1153 note), is repealed. beneficiary obtaining an immigrant visa ‘‘(2) NECESSARY HARDSHIP.—The petitioner (e) EFFECTIVE DATE.— under this classification or if the petitioner must demonstrate to the satisfaction of the (1) The amendments made by this section does not respond to the request for a submis- Secretary of Homeland Security that the shall take effect on October 1, 2008. sion, the Secretary of Homeland Security lack of an immigrant visa under this clause (2) No alien may receive lawful permanent may deny the petition if the petition has not would result in extreme hardship to the peti- resident status based on the diversity visa been adjudicated or revoke the petition tioner or the beneficiary that cannot be re- program on or after the effective date of this without additional notice pursuant to sec- lieved by temporary visits as a non- section. tion 205 if it has been approved. immigrant. (f) CONFORMING AMENDMENTS.—Section 203 (2) FIRST SURVEY OF Z NONIMMIGRANTS IN- ‘‘(3) INELIGIBILITY TO IMMIGRATE THROUGH of the Immigration and Nationality Act (8 TENDING TO ADJUST STATUS.—The Secretary OTHER MEANS.—The alien described in clause U.S.C. 1153(a)) is amended by redesignating shall establish procedures by which non- (1) must be ineligible to immigrate or adjust paragraphs (d), (e), (f), (g), and (h) as para- immigrants described in section 101(a)(15)(Z) status through other means, including but graphs (c), (d), (e), (f), and (g), respectively. who seek to become aliens lawfully admitted not limited to obtaining an immigrant visa SEC. 506. FAMILY VISITOR VISAS. for permanent residence under the merit- filed for classification under section (a) Section 101(a)(15)(B) of the Immigration based immigrant system shall establish their 201(b)(2)(A) or section 203(a) or (b) of this and Nationality Act (8 U.S.C. 1101(a)(15)(B)) eligibility, pay any applicable fees and pen- Act, and obtaining cancellation of removal is amended to read as follows: alties, and file their petitions. No later than under section 240A(b) of this Act. A deter- ‘‘(B) an alien (other than one coming for the conclusion of the eighth fiscal year after mination under this section that an alien is the purpose of study or of performing skilled the effective date of section 218D of the Im- eligible to immigrate through other means or unskilled labor or as a representative of migration and Nationality Act, the Sec- does not foreclose or restrict any later deter- foreign press, radio, film, or other foreign in- retary will determine the total number of mination on the question of eligibility by formation media coming to engage in such qualified applicants who have followed the the Secretary of Homeland Security or the vocation) having a residence in a foreign procedures set forth in this section. The Attorney General. country which he or she has no intention of number calculated pursuant to this para- ‘‘(c) PROCESSING OF APPLICATIONS.— abandoning and who is visiting the United graph shall be 20 percent of the total number ‘‘(1) An alien selected for an immigrant States temporarily for business or tempo- of qualified applicants. The Secretary will visa pursuant to this section shall remain el- rarily for pleasure. The requirement that the calculate the number of visas needed per igible to receive such visa only if the alien alien have a residence in a foreign country year. files an application for an immigrant visa or which the alien has no intention of aban- (3) SECOND SURVEY OF Z NONIMMIGRANTS IN- an application for adjustment of status with- doning shall not apply to an alien described TENDING TO ADJUST STATUS.—No later than in the fiscal year in which the visa becomes in section 214(s) who is seeking to enter as a the conclusion of the thirteenth fiscal year available, or at such reasonable time as the temporary visitor for pleasure;’’. after the effective date of section 218D of the Secretary may specify after the end of the (b) Section 214 of the Immigration and Na- Immigration and Nationality Act, the Sec- fiscal year for petitions approved in the last tionality Act (8 U.S.C. 1184) is amended by retary will determine the total number of quarter of the fiscal year. adding at the end the following new sub- qualified applicants not described in para- ‘‘(2) All petitions for an immigrant visa section: graph (2) who have followed the procedures under this section shall automatically ter- ‘‘(s) PARENT VISITOR VISAS.—

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‘‘(1) IN GENERAL.—The parent of a United sion, shall be permanently barred from spon- (except for a nonimmigrant who has filed a States citizen at least 21 years of age, or the soring that alien for admission as a visitor petition for an immigrant visa under section spouse or child of an alien in nonimmigrant for pleasure under the terms and conditions 203(b)(1), if 365 days or more have elapsed status under 101(a)(15)(Y)(i), demonstrating of this subsection, and, in the case of a Y–1 since filing and it has not been denied, in satisfaction of the requirements of this sub- nonimmigrant sponsor, shall have his Y–1 which case the Secretary of Homeland Secu- section may be granted a renewable non- nonimmigrant status terminated. rity may extend the stay of an alien in 1- immigrant visa valid for 3 years for a visit or year increments until such time as a final visits for an aggregate period not in excess of SA 1200. Mr. GREGG submitted an decision is made on the alien’s lawful perma- 180 days in any one year period under section amendment intended to be proposed by nent residence); 101(a)(15)(B) as a temporary visitor for pleas- him to the bill S. 1348, to provide for ‘‘(B) if the alien is granted an initial period ure. comprehensive immigration reform of admission less than 6 years, any subse- ‘‘(2) REQUIREMENTS.—An alien seeking a and for other purposes; which was or- quent application for an extension of stay for nonimmigrant visa under this subsection dered to lie on the table; as follows: such alien shall include the Form W-2 Wage must demonstrate through presentation of and Tax Statement filed by the employer for such documentation as the Secretary may by Strike subsection (c) of section 418 and all that follows through subsection (d) of sec- such employee, and such other form or infor- regulations prescribe, that— mation relating to such employment as the ‘‘(A) the alien’s United States citizen son tion 420, and insert the following: (c) GRANTING DUAL INTENT TO CERTAIN Secretary of Homeland Security, in the dis- or daughter who is at least 21 years of age or NONIMMIGRANT STUDENTS.—Subsection (h) of cretion of the Secretary, may specify, with the alien’s spouse or parent in nonimmigrant section 214 of the Immigration and Nation- respect to such nonimmigrant alien em- status under 101(a)(15)(Y)(i), is sponsoring ality Act (8 U.S.C. 1184(h)) is amended— ployee for the period of admission granted to the alien’s visit to the United States; (1) by striking ‘‘(H)(i)(b) or (c),’’ and insert- the alien; and ‘‘(B) the sponsoring United States citizen, ing ‘‘(F)(iv), (H)(i)(b), (H)(i)(c),’’; and ‘‘(C) notwithstanding section 6103 of the In- or spouse or parent in nonimmigrant status (2) by striking ‘‘if the alien had obtained a ternal Revenue Code of 1986, or any other under 101(a)(15)(Y)(i), has, according to such change of status’’ and inserting ‘‘if the alien procedures as the Secretary may by regula- law, the Commissioner of Internal Revenue had been admitted as, provided status as, or tions prescribe, posted on behalf of the alien or the Commissioner of the Social Security obtained a change of status’’. a bond in the amount of $1,000, which shall be Administration shall upon request of the forfeited if the alien overstays the author- SEC. 419. H–1B STREAMLINING AND SIMPLIFICA- Secretary confirm whether the Form W-2 TION. ized period of admission (except as provided Wage and Tax Statement filed by the em- (a) H–1B AMENDMENTS.— in subparagraph (5)(B)) or otherwise violates ployer under subparagraph (B) matches a (1) IN GENERAL.—Section 214(g) of the Im- the terms and conditions of his or her non- Form W-2 Wage and Tax Statement filed migration and Nationality Act (8 U.S.C. with the Internal Revenue Service or the So- immigrant status; and 1184(g)) is amended— ‘‘(C) the alien, the sponsoring United cial Security Administration, as the case (A) in paragraph (1)(A), by striking clauses may be.’’. States citizen son or daughter, or the spouse (i) through (vii) and inserting the following: or parent in nonimmigrant status under ‘‘(i) 150,000 in fiscal year 2008; (d) EXTENSION OF H–1B STATUS FOR MERIT– 101(a)(15)(Y)(i), possesses the ability and fi- ‘‘(ii) in any subsequent fiscal year, subject BASED ADJUSTMENT APPLICANTS.— nancial means to return the alien to his or to clause (iii), the number for the previous (1) IN GENERAL.—Section 214(g)(4), as redes- her country of residence. fiscal year as adjusted in accordance with ignated by section 409, is amended— ‘‘(3) TERMS AND CONDITIONS.—An alien ad- the method set forth in paragraph (2); and (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; mitted as a visitor for pleasure under the ‘‘(iii) 215,000 for any fiscal year; or’’; (B) by striking ‘‘If an alien’’ and inserting provisions of this subsection— (B) in paragraph (6), as redesignated by the following: ‘‘(A) may not stay in the United States for section 409— an aggregate period in excess of 180 days ‘‘(B) If an alien’’; and (i) in subparagraph (B), by striking ‘‘; or’’ (C) by adding at the end the following: within any calendar year unless an extension and inserting a semicolon; of stay is granted upon the specific approval (ii) in subparagraph (C), by striking ‘‘until ‘‘(C) Subparagraph (B) shall not apply to of the district director for good cause; the number of aliens who are exempted from such a nonimmigrant who has filed a peti- ‘‘(B) must, according to such procedures as such numerical limitation during such fiscal tion for an immigrant visa accompanied by a the Secretary may by regulations prescribe, year exceeds 20,000.’’ and inserting ‘‘; or’’; qualifying employer recommendation under register with the Secretary upon departure and from the United States; and section 203(b)(1), if 365 days or more have (iii) by adding at the end the following: elapsed since filing and it has not been de- ‘‘(C) may not be issued employment au- ‘‘(D) has earned a master’s or higher degree nied, in which case the Secretary of Home- thorization by the Secretary or be employed. in science, technology, engineering, or math- ‘‘(4) PERMANENT BARS FOR OVERSTAYS.— ematics from an institution of higher edu- land Security may extend the stay of an ‘‘(A) IN GENERAL.—Any alien admitted as a cation outside of the United States.’’; and alien in 1-year increments until such time as visitor for pleasure under the terms and con- (C) in paragraph (9), as redesignated by sec- a final decision is made on the alien’s lawful ditions of this subsection who remains in the tion 409— permanent residence.’’. United States beyond his or her authorized (i) in subparagraph (B)— (2) REPEAL.—Section 106 of the American period of admission is permanently barred (I) in clause (iii), by striking ‘‘The annual Competitiveness in the Twenty-first Century from any future immigration benefits under numerical limitations described in clause (i) Act of 2000 (8 U.S.C. 1184 note) is amended by the immigration laws, except— shall not exceed’’ and inserting ‘‘Without re- striking subsections (a) and (b). ‘‘(i) asylum under section 208(a); spect to the annual numerical limitations ‘‘(ii) withholding of removal under section described in clause (i), the Secretary may SEC. 420. H–1B EMPLOYER REQUIREMENTS. 241(b)(3); or issue a visa or otherwise grant non- (a) NONDISPLACEMENT REQUIREMENT.— ‘‘(iii) protection under the Convention immigrant status pursuant to section (1) EXTENDING TIME PERIOD FOR NON- Against Torture and Other Cruel, Inhuman 1101(a)(15)(H)(i)(b) in the following quan- DISPLACEMENT.—Section 212(n) of the Immi- or Degrading Treatment or Punishment, tities:’’; and gration and Nationality Act (8 U.S.C. 1182(n)) done at New York December 10, 1984. (ii) by striking clause (iv); and is amended— ‘‘(B) EXCEPTION.—Overstay of the author- (iii) by striking subparagraph (D). (A) in paragraph (1)— ized period of admission granted to aliens ad- (2) APPLICABILITY.—The amendments made (i) in subparagraph (E), by striking ‘‘90 mitted as visitors for pleasure under the by paragraph (1)(B) shall apply with respect days’’ each place it appears and inserting terms and conditions of this subsection may to any petition or visa application pending ‘‘180 days’’; and be excused in the discretion of the Secretary on the date of the enactment of this Act and (ii) in subparagraph (F)(ii), by striking ‘‘90 where it is demonstrated that: to any petition or visa application filed on or days’’ each place it appears and inserting ‘‘(i) the period of overstay was due to ex- after such date of enactment. ‘‘180 days’’; and traordinary circumstances beyond the con- (b) REQUIRING A DEGREE.—Paragraph (2) of (B) in paragraph (2)(C)(iii), by striking ‘‘90 trol of the applicant, and the Secretary finds section 214(i) (8 U.S.C. 1184(i)) is amended— days’’ each place it appears and inserting the period commensurate with the cir- (1) in subparagraph (A), by striking the ‘‘180 days’’. cumstances; and comma at the end and inserting ‘‘; and’’; (2) EFFECTIVE DATE.—The amendments ‘‘(ii) the alien has not otherwise violated (2) in subparagraph (B), by striking ‘‘, or’’ made by paragraph (1)— his or her nonimmigrant status. and inserting a period; and (A) shall apply to applications filed on or ‘‘(5) BAR ON SPONSOR OF OVERSTAY.—The (3) by striking subparagraph (C). after the date of the enactment of this Act; United States citizen or Y-1 nonimmigrant (c) PROVISION OF W-2 FORMS.—Section and sponsor of an alien— 214(g)(5), as redesignated by section 409, is (B) shall not apply to displacements for pe- ‘‘(A) admitted as a visitor for pleasure amended to read as follows: riods occurring more than 90 days before under the terms and conditions of this sub- ‘‘(5) In the case of a nonimmigrant de- such date. section, and scribed in section 101(a)(15)(H)(i)(b)— ‘‘(B) who remains in the United States be- ‘‘(A) the period of authorized admission as (b) H–1B NONIMMIGRANTS NOT ADMITTED yond his or her authorized period of admis- such a nonimmigrant may not exceed 6 years FOR JOBS ADVERTISED OR OFFERED ONLY TO

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TERMINATION. danger to the security of the United States; tion in an advertisement that states or indi- (a) IN GENERAL.—The amendments de- or’’. cates that— scribed in subsection (b) shall be effective (b) CONFORMING AMENDMENT.—Section ‘‘(I) the job or jobs are only available to during the 5-year period ending on Sep- 212(a)(3)(B)(ii) (8 U.S.C. 1182(a)(3)(B)(ii)) is tember 30 of the fifth fiscal year following persons who are or who may become H–1B amended by striking ‘‘(VII)’’ and inserting the fiscal year in which this Act is enacted. nonimmigrants; or ‘‘(IX)’’. (b) PROVISIONS.—The amendments de- ‘‘(II) persons who are or who may become (c) CANCELLATION OF REMOVAL.—Section scribed in this subsection are the following: 240A(c)(4) (8 U.S.C. 1229b(c)(4)) is amended H–1B nonimmigrants shall receive priority (1) The amendments made by subsections or a preference in the hiring process. by— (a) and (b) of section 501. (1) by striking ‘‘inadmissible under’’ and ‘‘(ii) The employer has not only recruited (2) The amendments made by subsections persons who are, or who may become, H–1B inserting ‘‘described in’’; and (b), (c), and (e) of section 502. (2) by striking ‘‘deportable under’’ and in- nonimmigrants to fill the job or jobs.’’; and (3) The amendments made by subsections (2) in the flush text at the end, by striking serting ‘‘described in’’. (a), (b), (c), (d), and (g) of section 503. (d) VOLUNTARY DEPARTURE.—Section ‘‘The employer’’ and inserting the following: (4) The amendments made by subsection 240B(b)(1)(C) (8 U.S.C. 1229c(b)(1)(C)) is ‘‘(K) The employer’’. (a) of section 504. amended by striking ‘‘deportable under sec- (c) LIMIT ON PERCENTAGE OF H–1B EMPLOY- (c) WORLDWIDE LEVEL OF EMPLOYMENT- tion 237(a)(2)(A)(iii) or section 237(a)(4)’’ and EES.—Section 212(n)(1) of such Act, as BASED IMMIGRANTS.— inserting ‘‘described in paragraph (2)(A)(iii) amended by this section, is further amended (1) TEMPORARY SUPPLEMENTAL ALLOCA- or (4) of section 237(a)’’. by inserting after subparagraph (H), as added TION.—Section 201(d) (8 U.S.C. 1151(d)) is (e) RESTRICTION ON REMOVAL.—Section by subsection (b)(1), the following: amended by adding at the end the follows 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amend- ‘‘(I) If the employer employs not less than new paragraphs: ed— 50 employees in the United States, not more ‘‘(3) TEMPORARY SUPPLEMENTAL ALLOCA- (1) by inserting ‘‘or the Secretary of Home- than 50 percent of such employees are H–1B TION.—Notwithstanding paragraphs (1) and land Security’’ after ‘‘Attorney General’’ nonimmigrants.’’. (2), there shall be a temporary supplemental each place such term appears; allocation of visas as follows: Mr. ALLARD submitted an (2) in clause (iii), by striking ‘‘or’’ at the SA 1201. ‘‘(A) For the first 5 fiscal years in which end; amendment intended to be proposed by aliens described in section 101(a)(15)(Z) are (3) in clause (iv), by striking the period at him to the bill S. 1348, to provide for eligible for an immigrant visa, the number the end and inserting ‘‘; or’’; comprehensive immigration reform calculated pursuant to section 503(f)(2) of the (4) by inserting after clause (iv) the fol- and for other purposes; as follows: Secure Borders, Economic Opportunity, and lowing: At the end of subtitle A of title VII, insert Immigration Reform Act of 2007. ‘‘(v) the alien is described in section the following: ‘‘(B) In the sixth fiscal year in which aliens 212(a)(3)(B)(i) or section 212(a)(3)(F), unless, described in section 101(a)(15)(Z) are eligible SEC. 704. LOSS OF NATIONALITY. in the case of an alien described in subclause for an immigrant visa, the number cal- (a) IN GENERAL.—Section 349(a)(3) (8 U.S.C. (IX) of section 212(a)(3)(B)(i), the Secretary culated pursuant to section 503(f)(3) of Se- 1481(a)(3)) is amended to read as follows: of Homeland Security or the Attorney Gen- cure Borders, Economic Opportunity, and ‘‘(3) entering, or serving in, the armed eral determines, in his discretion, that there Immigration Reform Act of 2007. forces of a foreign state if— are not reasonable grounds for regarding the ‘‘(C) Starting in the seventh fiscal year in ‘‘(A) such armed forces are engaged in, or alien as a danger to the security of the which aliens described in section 101(a)(15)(Z) attempt to engage in, hostilities or acts of United States.’’; and are eligible for an immigrant visa, the num- terrorism against the United States; or (5) in the undesignated matter at the end, ber equal to the number of aliens described by striking ‘‘For purposes of clause (iv), an ‘‘(B) such person is serving or has served as in section 101(a)(15)(Z) who became aliens ad- a general officer in the armed forces of a for- alien who is described in section 237(a)(4)(B) mitted for permanent residence based on the shall be considered to be an alien with re- eign state; or’’. merit-based evaluation system in the prior (b) SPECIAL RULE AND DEFINITIONS.—Such spect to whom there are reasonable grounds fiscal year until no further aliens described section 349 is amended by adding at the end for regarding as a danger to the security of in section 101(a)(15)(Z) adjust status. the following new subsections: the United States.’’. ‘‘(4) TERMINATION OF TEMPORARY SUPPLE- ‘‘(c) SPECIAL RULE.—Any person described (f) RECORD OF ADMISSION.—Section 249 (8 in subsection (a), who commits an act de- MENTAL ALLOCATION.—The temporary supple- U.S.C. 1259) is amended to read as follows: scribed in such subsection, shall be presumed mental allocation of visas described in para- ‘‘SEC. 249. RECORD OF ADMISSION FOR PERMA- to have committed such act with the inten- graph (3) shall terminate when the number of NENT RESIDENCE FOR CERTAIN tion of relinquishing United States nation- visas calculated pursuant to paragraph (3)(C) ALIENS WHO ENTERED THE UNITED ality, unless such presumption is overcome is zero. STATES BEFORE JULY 1, 1924 OR JANUARY 1, 1972. by a preponderance of evidence. ‘‘(5) LIMITATION.—The temporary supple- ‘‘(a) IN GENERAL.—The Secretary of Home- ‘‘(d) DEFINITIONS.—In this section: mental visas described in paragraph (3) shall land Security, in the discretion of the Sec- ‘‘(1) ARMED FORCES OF A FOREIGN STATE.— not be awarded to any individual other than retary and under such regulations as the The term ‘armed forces of a foreign state’ in- an individual described in section 101(a)(15)(Z).’’. Secretary may prescribe, may enter a record cludes any armed band, militia, organized of lawful admission for permanent residence force, or other group that is engaged in, or (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall be effective on in the case of any alien, if no such record is attempts to engage in, hostilities against the otherwise available and the alien— United States or terrorism. October 1 of the sixth fiscal year following the fiscal year in which this Act is enacted. ‘‘(1) entered the United States before Janu- ‘‘(2) FOREIGN STATE.—The term ‘foreign ary 1, 1972; state’ includes any group or organization (in- ‘‘(2) has continuously resided in the United cluding any recognized or unrecognized SA 1203. Mr. COCHRAN submitted an amendment intended to be proposed by States since such entry; quasi-government entity) that is engaged in, ‘‘(3) has been a person of good moral char- or attempts to engage in, hostilities against him to the bill S. 1348, to provide for comprehensive immigration reform acter since such entry; the United States or terrorism. ‘‘(4) is not ineligible for citizenship; ‘‘(3) HOSTILITIES AGAINST THE UNITED and for othr purposes; which was or- ‘‘(5) is not described in section STATES.—The term ‘hostilities against the dered to lie on the table as follows; 212(a)(1)(A)(iv), 212(a)(2), 212(a)(3), United States’ means the enticing, prepara- At the appropriate place in title II, insert 212(a)(6)(C), 212(a)(6)(E), or 212(a)(8); and tion, or encouragement of armed conflict the following: ‘‘(6) did not, at any time, without reason- against United States citizens or businesses SEC. 2ll. REMOVAL AND DENIAL OF BENEFITS able cause fail or refuse to attend or remain or a facility of the United States Govern- TO TERRORIST ALIENS. in attendance at a proceeding to determine ment. (a) ASYLUM.—Section 208(b)(2)(A) (8 U.S.C. the alien’s inadmissibility or deportability. ‘‘(4) TERRORISM.—The term ‘terrorism’ has 1158(b)(2)(A)) is amended— ‘‘(b) EFFECTIVE DATE.—A recordation under the meaning given that term in section 2(15) (1) by inserting ‘‘or the Secretary of Home- subsection (a) shall be effective— of the Homeland Security Act of 2002 (6 land Security’’ after ‘‘if the Attorney Gen- ‘‘(1) as of the date of approval of the appli- U.S.C. 101(15))’’. eral’’; and cation; or (2) by amending clause (v) to read as fol- ‘‘(2) if such entry occurred before July 1, SA 1202. Mr. OBAMA (for himself and lows: 1924, as of the date of such entry.’’. Mr. MENENDEZ) submitted an amend- ‘‘(v) the alien is described in section (g) EFFECTIVE DATE.—The amendments ment intended to be proposed by him 212(a)(3)(B)(i) or section 212(a)(3)(F), unless, made by this section shall take effect on the

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date of the enactment of this Act. Sections tion consequences of a guilty plea or a deter- (d) EFFECTIVE DATE.—The amendments 208(b)(2)(A), 212(a), 240A, 240B, 241(b)(3), and mination of guilt.’’. made by subsections (a) and (b) shall take ef- 249 of the Immigration and Nationality Act, (c) EFFECTIVE DATE.—The amendments fect on the date of the enactment of this Act, as amended by this section, shall apply to— made by this section shall— shall apply to any act that occurred before, (1) all aliens in removal, deportation, or (1) take effect on the date of the enactment on, or after the date of enactment, and shall exclusion proceedings; of this Act; and apply to any application for naturalization (2) all applications pending on, or filed (2) apply to any act that occurred before, or any other benefit or relief, or any other on, or after such date of enactment. after, the date of the enactment of this Act; case or matter under the immigration laws and SA 1205. Mr. CORNYN submitted an pending on or filed after the date of enact- (3) with respect to aliens and applications ment of this Act. The amendments made by described in paragraph (1) or (2), acts and amendment intended to be proposed by subsection (c) shall take effect as if included conditions constituting a ground for inad- him to the bill S. 1348, to provide for in the Intelligence Reform and Terrorism missibility, excludability, deportation, or re- the comprehensive immigration reform Prevention Act of 2004 (Public Law 108–458). moval occurring or existing before, on, or and for other purposes; which was or- after the date of the enactment of this Act. dered to lie on the table; as follows: (e) NATURALIZATION OF PERSONS ENDAN- GERING NATIONAL SECURITY.— SA 1204. Mr. CORNYN submitted an In title II, insert after section 203 the fol- lowing: (1) IN GENERAL.—Section 316 (8 U.S.C. 1427) amendment intended to be proposed by is amended by adding at the end the fol- SEC. 204. TERRORIST BAR TO GOOD MORAL him to the bill S. 1348, to provide for CHARACTER. lowing: comprehensive immigration reform (a) DEFINITION OF GOOD MORAL CHAR- ‘‘(g) PERSONS ENDANGERING NATIONAL SE- and for other purposes; which was or- ACTER.—Section 101(f) (8 U.S.C. 1101(f)) is CURITY.—No person may be naturalized if the dered to lie on th table; as follows: amended— Secretary of Homeland Security determines, Strike section 203 and insert the following: (1) by inserting after paragraph (1) the fol- in the discretion of the Secretary, to have SEC. 203. AGGRAVATED FELONY. lowing: been at any time an alien described in sec- (a) DEFINITION OF AGGRAVATED FELONY.— ‘‘(2) one who the Secretary of Homeland tion 212(a)(3) or 237(a)(4). Such determination Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is Security or the Attorney General deter- may be based upon any relevant information amended— mines, in the unreviewable discretion of the or evidence, including classified, sensitive, (1) by striking ‘‘The term ‘aggravated fel- Secretary or the Attorney General, to have or national security information, and shall ony’ means—’’ and inserting ‘‘Notwith- been at any time an alien described in sec- be binding upon, and unreviewable by, any tion 212(a)(3) or 237(a)(4), which determina- standing any other provision of law, the court exercising jurisdiction, under the im- tion— term ‘aggravated felony’ applies to an of- migration laws of the United States, over ‘‘(A) may be based upon any relevant infor- fense described in this paragraph, whether in any application for naturalization, regard- mation or evidence, including classified, sen- violation of Federal or State law, or in viola- less of the applicable standard of review.’’. tion of the law of a foreign country for which sitive, or national security information; and ‘‘(B) shall be binding upon any court re- (2) CONCURRENT NATURALIZATION AND RE- the term of imprisonment was completed MOVAL PROCEEDINGS.—Section 318 (8 U.S.C. within the previous 15 years, even if the gardless of the applicable standard of re- view;’’; 1429) is amended by striking ‘‘: and no appli- length of the term of imprisonment for the cation’’ and all that follows and inserting offense is based on recidivist or other en- (2) in paragraph (8), by inserting ‘‘, regard- less whether the crime was classified as an the following: ‘‘. No application for natu- hancements, and regardless of whether the ralization shall be considered by the Sec- conviction was entered before, on, or after aggravated felony at the time of conviction, provided that, the Secretary of Homeland retary of Homeland Security or by any court September 30, 1996, and means—’’; if there is pending against the applicant any (2) in subparagraph (A), by striking ‘‘mur- Security or Attorney General may in the unreviewable discretion of the Secretary or removal proceeding or other proceeding to der, rape, or sexual abuse of a minor;’’ and determine the applicant’s inadmissibility or inserting ‘‘murder, rape, or sexual abuse of a the Attorney General, determine that this paragraph shall not apply in the case of a deportability, or to determine whether the minor, whether or not the minority of the applicant’s lawful permanent resident status victim is established by evidence contained single aggravated felony conviction (other than murder, manslaughter, homicide, rape, should be rescinded, regardless of when such in the record of conviction or by evidence ex- proceeding was commenced. The findings of trinsic to the record of conviction;’’; or any sex offense when the victim of such sex offense was a minor) for which comple- the Attorney General in terminating re- (3) in subparagraph (N), by striking ‘‘para- moval proceedings or in canceling the re- graph (1)(A) or (2) of’’; tion of the term of imprisonment or the sen- tence (whichever is later) occurred 10 or moval of an alien under this Act shall not be (4) in subparagraph (O), by striking ‘‘sec- binding in any way upon the Secretary of tion 275(a) or 276 committed by an alien who more years before the date of application;’’ after ‘‘(as defined in subsection (a)(43))’’; Homeland Security with respect to the ques- was previously deported on the basis of a tion of whether such person has established conviction for an offense described in an- (3) by striking the first sentence of the flush language after paragraph (9) and insert- his eligibility for naturalization under this other subparagraph of this paragraph’’ and title.’’. inserting ‘‘section 275 or 276 for which the ing following: ‘‘ ‘‘The fact that any person is not within any (3) PENDING DENATURALIZATION OR REMOVAL term of imprisonment is at least 1 year’’; of the foregoing classes shall not preclude a PROCEEDINGS.—Section 204(b) (8 U.S.C. (5) in subparagraph (U), by striking ‘‘an at- discretionary finding for other reasons that 1154(b)) is amended by adding at the end the tempt or conspiracy to commit an offense such a person is or was not of good char- following: ‘‘No petition shall be approved described in this paragraph’’ and inserting acter. The Secretary or the Attorney Gen- pursuant to this section if there is any ad- ‘‘attempting or conspiring to commit an of- eral shall not be limited to the applicant’s ministrative or judicial proceeding (whether fense described in this paragraph, or aiding, conduct during the period for which good civil or criminal) pending against the peti- abetting, counseling, procuring, com- moral character is required, but may take tioner that could directly or indirectly re- manding, inducing, or soliciting the commis- into consideration as a basis for determina- sult in the petitioner’s denaturalization or sion of such an offense.’’; and tion the applicant’s conduct and acts at any the loss of the petitioner’s lawful permanent (6) by striking the undesignated matter time.’’. resident status.’’. following subparagraph (U). (b) AGGRAVATED FELONS.—Section 509(b) of (4) CONDITIONAL PERMANENT RESIDENTS.— (b) DEFINITION OF CONVICTION.—Section the Immigration Act of 1990 (8 U.S.C. 1101 Section 216(e) and 216A(e) (8 U.S.C. 1186a(e) 101(a)(48) (8 U.S.C. 1101(a)(48)) is amended by note) is amended by striking ‘‘convictions’’ and 1186b(e)) are amended by inserting ‘‘, if adding at the end the following: and all that follows and inserting ‘‘convic- the alien has had the conditional basis re- ‘‘(C) Any reversal, vacatur, expungement, tions occurring before, on or after such moved pursuant to this section.’’ before the or modification of a conviction, sentence, or date.’’. period at the end of each subsection. conviction record that was granted to ame- (c) TECHNICAL CORRECTION TO THE INTEL- (5) DISTRICT COURT JURISDICTION.—Section liorate the consequences of the conviction, LIGENCE REFORM AND TERRORISM PREVENTION 336(b) (8 U.S.C. 1447(b)) is amended to read as sentence, or conviction record, or was grant- ACT OF 2004.—Section 5504 of the Intelligence follows: ed for rehabilitative purposes, or for failure Reform and Terrorism Prevention Act of 2004 to advise the alien of the immigration con- (Public Law 108–458) is amended— ‘‘(b) REQUEST FOR HEARING BEFORE DIS- sequences of a guilty plea or a determination (1) in paragraph (1), by inserting ‘‘imme- TRICT COURT.—If there is a failure to render of guilt, shall have no effect on the immigra- diately preceding the flush language begin- a final administrative decision under section tion consequences resulting from the origi- ning ‘The fact that’’’ after ‘‘the period at the 335 before the end of the 180-day period be- nal conviction. The alien shall have the bur- end of paragraph (8)’’; and ginning on the date on which the Secretary den of demonstrating that any reversal, (2) in paragraph (2), by striking ‘‘adding at of Homeland Security completes all exami- vacatur, expungement, or modification was the end’’ and inserting ‘‘inserting imme- nations and interviews conducted under such not granted to ameliorate the consequences diately following paragraph (8) as amended section (as such terms are defined by the of the conviction, sentence, or conviction by this section and immediately preceding Secretary in regulation), the applicant may record, for rehabilitative purposes, or for the flush language beginning ‘‘The fact apply to the district court for the district in failure to advise the alien of the immigra- that’’’. which the applicant resides for a hearing on

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the matter. Such court shall only have juris- (b) ADJUSTMENT OF STATUS UNDER THE IM- ‘‘(2) the Secretary of Homeland Security diction to review the basis for delay and re- MIGRATION REFORM AND CONTROL ACT OF may deny admission to any citizens, sub- mand the matter to the Secretary of Home- 1986.—Section 245A(c)(5) (8 U.S.C. 1255a(c)(5)) jects, nationals, and residents from that land Security for the Secretary’s determina- is amended— country; and tion on the application.’’. (1) by striking ‘‘Attorney General’’ each ‘‘(3) the Secretary of Homeland Security (6) CONFORMING AMENDMENT.—Section place such term appears and inserting ‘‘Sec- may impose limitations, conditions, or addi- 310(c) (8 U.S.C. 1421(c)) is amended— retary of Homeland Security’’; tional fees on the issuance of visas or travel (A) by inserting ‘‘, not later than 120 days (2) in subparagraph (A), by striking ‘‘Jus- from that country and any other sanctions after the Secretary of Homeland Security’s tice’’ and inserting ‘‘Homeland Security’’; authorized by law.’’. final determination,’’ before ‘‘seek’’; and (3) by amending subparagraph (C) to read (B) by striking the second sentence and in- as follows: SA 1209. Mr. CORNYN submitted an serting the following: ‘‘The burden shall be ‘‘(C) AUTHORIZED DISCLOSURES.— amendment intended to be proposed by upon the petitioner to show that the Sec- ‘‘(i) CENSUS PURPOSE.—The Secretary of him to the bill S. 1348, to provide for retary’s denial of the application was not Homeland Security may provide, in the dis- comprehensive immigration reform supported by facially legitimate and bona cretion of the Secretary, information fur- and for other purposes; which was or- fide reasons. Except in a proceeding under nished under this section in the same man- dered to lie on the table; as follows: section 340, and notwithstanding any other ner and circumstances as census information At the appropriate place, insert the fol- provision of law, including section 2241 of may be disclosed under section 8 of title 13, lowing: title 28, United States Code, any other ha- United States Code. SEC. ll. APPROPRIATE REMEDIES FOR IMMI- beas corpus provision, and sections 1361 and ‘‘(ii) NATIONAL SECURITY PURPOSE.—The GRATION LEGISLATION. 1651 of such title, no court shall have juris- Secretary of Homeland Security may, in the (a) LIMITATION ON CIVIL ACTIONS.—No court diction to determine, or to review a deter- discretion of the Secretary, use, publish, or may certify a class under Rule 23 of the Fed- mination of the Secretary made at any time release information furnished under this sec- eral Rules of Civil Procedure in any civil ac- regarding, whether, for purposes of an appli- tion to support any investigation, case, or tion filed after the date of the enactment of cation for naturalization, an alien— matter, or for any purpose, relating to ter- this Act pertaining to the administration or ‘‘(1) is a person of good moral character; rorism, national intelligence, or the national enforcement of the immigration laws of the ‘‘(2) understands and is attached to the security.’’; and United States. principles of the Constitution of the United (4) in subparagraph (D), by striking ‘‘Serv- (b) REQUIREMENTS FOR AN ORDER GRANTING States; or ice’’ and inserting ‘‘Department of Homeland PROSPECTIVE RELIEF AGAINST THE GOVERN- ‘‘(3) is well disposed to the good order and Security’’. MENT.— happiness of the United States.’’. (1) IN GENERAL.—If a court determines that (7) EFFECTIVE DATE.—The amendments SA 1207. Mr. CORNYN submitted an prospective relief should be ordered against made by this subsection— amendment intended to be proposed by the Government in any civil action per- (A) shall take effect on the date of the en- him to the bill S. 1348, to provide for taining to the administration or enforce- actment of this Act; comprehensive immigration reform ment of the immigration laws of the United (B) shall apply to any act that occurred be- and for other purposes; which was or- States, the court shall— fore, on, or after such date of enactment; and (A) limit the relief to the minimum nec- (C) shall apply to any application for natu- dered to lie on the table; as follows: essary to correct the violation of law; ralization or any other case or matter under At the appropriate place, insert the fol- (B) adopt the least intrusive means to cor- the immigration laws of the United States lowing: rect the violation of law; that is pending on, or filed after, such date of SEC. ll. DEFINITION OF RACKETEERING ACTIV- (C) minimize, to the greatest extent prac- enactment. ITY. ticable, the adverse impact on national secu- Section 1961(1) of title 18, United States rity, border security, immigration adminis- SA 1206. Mr. CORNYN submitted an Code, is amended by striking ‘‘section 1542’’ tration and enforcement, and public safety; amendment intended to be proposed by and all that follows through ‘‘section 1546 and him to the bill S. 1348, to provide for (relating to fraud and misuse of visas, per- (D) provide for the expiration of the relief comprehensive immigration reform mits, and other documents)’’ and inserting on a specific date, which allows for the min- and for other purposes; which was or- ‘‘sections 1541 through 1548 (relating to pass- imum practical time needed to remedy the port, visa, and immigration fraud)’’. violation. dered to lie on the table; as follows: (2) WRITTEN EXPLANATION.—The require- At the appropriate place, insert the fol- SA 1208. Mr. CORNYN submitted an ments described in subsection (1) shall be— lowing: amendment intended to be proposed by (A) discussed and explained in writing in SEC. ll. USE OF 1986 IRCA LEGALIZATION IN- him to the bill S. 1348, to provide for the order granting prospective relief; and FORMATION FOR NATIONAL SECU- comprehensive immigration reform (B) sufficiently detailed to allow review by RITY PURPOSES. another court. (a) SPECIAL AGRICULTURAL WORKERS.—Sec- and for other purposes; which was or- (3) EXPIRATION OF PRELIMINARY INJUNCTIVE tion 210(b)(6) (8 U.S.C. 1160(b)(6)) is amend- dered to lie on the table; as follows: RELIEF.—Preliminary injunctive relief shall ed— At the appropriate place, insert the fol- automatically expire on the date that is 90 (1) by striking ‘‘Attorney General’’ each lowing: days after the date on which such relief is place such term appears and inserting ‘‘Sec- SEC. ll SANCTIONS FOR COUNTRIES THAT entered, unless the court— retary of Homeland Security’’; DELAY OR PREVENT REPATRIATION (A) makes the findings required under (2) in subparagraph (A), by striking ‘‘Jus- OF THEIR NATIONALS. paragraph (1) for the entry of permanent pro- tice’’ and inserting ‘‘Homeland Security’’; Sec. 243(d) (8 U.S.C. 1253(d)) is amended to spective relief; and (3) by redesignating subparagraphs (C) and read as follows: (B) makes the order final before expiration (D) as subparagraphs (D) and (E), respec- ‘‘(d) DISCONTINUING GRANTING VISAS TO NA- of such 90-day period. tively; TIONALS OF COUNTRIES THAT DENY OR DELAY (c) PROCEDURE FOR MOTION AFFECTING (4) by inserting after subparagraph (B) the ACCEPTING ALIENS.—Notwithstanding section ORDER GRANTING PROSPECTIVE RELIEF following: 221(c), if the Secretary of Homeland Security AGAINST THE GOVERNMENT.— ‘‘(C) AUTHORIZED DISCLOSURES.— determines that the government of a foreign (1) IN GENERAL.—A court shall promptly ‘‘(i) CENSUS PURPOSE.—The Secretary of country denies or unreasonably delays ac- rule on the Government’s motion to vacate, Homeland Security may provide, in the dis- cepting aliens who are citizens, subjects, na- modify, dissolve, or otherwise terminate an cretion of the Secretary, or at the request of tionals, or residents of that country after order granting prospective relief in any civil the Attorney General, information furnished the Secretary asks whether the government action pertaining to the administration or under this section in the same manner and will accept an alien under this section, or enforcement of the immigration laws of the circumstances as census information may be after a determination that the alien is inad- United States. disclosed under section 8 of title 13, United missible under paragraph (6) or (7) of section (2) AUTOMATIC STAYS.— States Code. 212(a)— (A) IN GENERAL.—The Government’s mo- ‘‘(ii) NATIONAL SECURITY PURPOSE.—The ‘‘(1) the Secretary of State, upon notifica- tion to vacate, modify, dissolve, or otherwise Secretary of Homeland Security may, in the tion from the Secretary of Homeland Secu- terminate an order granting prospective re- discretion of the Secretary, use, publish, or rity of such denial or delay to accept aliens lief made in any civil action pertaining to release information furnished under this sec- under circumstances described in this sec- the administration or enforcement of the im- tion to support any investigation, case, or tion, shall order consular officers in that for- migration laws of the United States shall matter, or for any purpose, relating to ter- eign country to discontinue granting immi- automatically, and without further order of rorism, national intelligence, or the national grant visas, nonimmigrant visas, or both, to the court, stay the order granting prospec- security.’’; and citizens, subjects, nationals, and residents of tive relief on the date that is 15 days after (5) in subparagraph (D), as redesignated, by that country until the Secretary of Home- the date on which such motion is filed unless striking ‘‘Service’’ and inserting ‘‘Depart- land Security notifies the Secretary of State the court previously has granted or denied ment of Homeland Security’’. that the country has accepted the aliens; the Government’s motion.

VerDate Aug 31 2005 09:31 May 25, 2007 Jkt 059060 PO 00000 Frm 00333 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.278 S24MYPT1 bajohnson on PRODPC74 with SENATE S6910 CONGRESSIONAL RECORD — SENATE May 24, 2007 (B) DURATION OF AUTOMATIC STAY.—An (B) vacate any order or part of an order comprehensive immigration reform automatic stay under subparagraph (A) shall granting prospective relief that is not within and for other purposes; which was or- continue until the court enters an order the jurisdiction of the court. dered to lie on the table; as follows: granting or denying the Government’s mo- (3) APPLICABILITY.—Paragraphs (1) and (2) At the appropriate place, insert the fol- tion. shall not apply to the extent that an order lowing: (C) POSTPONEMENT.—The court, for good granting prospective relief was entered be- cause, may postpone an automatic stay fore the date of the enactment of this Act SEC. ll. PRECLUDING ADMISSIBILITY OF under subparagraph (A) for not longer than ALIENS CONVICTED OF AGGRA- and such prospective relief is necessary to VATED FELONIES OR OTHER SERI- 15 days. remedy the violation of a right guaranteed OUS OFFENSES. UTOMATIC STAYS DURING REMANDS (D) A by the United States Constitution. (a) INADMISSIBILITY ON CRIMINAL AND RE- FROM HIGHER COURTS.—If a higher court re- (e) SETTLEMENTS.— LATED GROUNDS; WAIVERS.—Section 212 (8 mands a decision on a motion subject to this (1) CONSENT DECREES.—In any civil action U.S.C. 1182) is amended— section to a lower court, the order granting pertaining to the administration or enforce- (1) in subsection (a)(2)— prospective relief which is the subject of the ment of the immigration laws of the United (A) in subparagraph (A)(i)— motion shall be automatically stayed until States, the court may not enter, approve, or (i) in subclause (I), by striking ‘‘, or’’ and the district court enters an order granting or continue a consent decree that does not com- inserting a semicolon; denying the Government’s motion. ply with subsection (b). (ii) in subclause (II), by striking the (E) ORDERS BLOCKING AUTOMATIC STAYS.— (2) PRIVATE SETTLEMENT AGREEMENTS.— comma at the end and inserting ‘‘; or’’; and Any order staying, suspending, delaying, or Nothing in this section shall preclude parties (iii) by inserting after subclause (II) the otherwise barring the effective date of the from entering into a private settlement following: automatic stay described in subparagraph agreement that does not comply with sub- ‘‘(III) a violation of (or a conspiracy or at- (A), other than an order to postpone the ef- section (b) if the terms of that agreement are tempt to violate) an offense described in sec- fective date of the automatic stay for not not subject to court enforcement other than tion 208 of the Social Security Act (42 U.S.C. longer than 15 days under subparagraph (C), reinstatement of the civil proceedings that 408) (relating to social security account num- shall be— the agreement settled. bers or social security cards) or section 1028 (i) treated as an order refusing to vacate, (f) DEFINITIONS.—In this section: of title 18, United States Code (relating to modify, dissolve or otherwise terminate an (1) CONSENT DECREE.—The term ‘‘consent fraud and related activity in connection with injunction; and decree’’— identification documents, authentication (ii) immediately appealable under section (A) means any relief entered by the court features, and information),’’; and 1292(a)(1) of title 28, United States Code. that is based in whole or in part on the con- (B) by inserting after subparagraph (J), as (3) PENDING MOTIONS.— sent or acquiescence of the parties; and redesignated by section 205(b)(A), the fol- (A) 45 DAYS OR LESS.—Any motion pending (B) does not include private settlements. lowing: for 45 days or less on the date of the enact- (2) GOOD CAUSE.—The term ‘‘good cause’’ ‘‘(K) CITIZENSHIP FRAUD.—Any alien con- ment of this Act shall be treated as if it had does not include discovery or congestion of victed of, or who admits having committed, been filed on the date of the enactment of the court’s calendar. or who admits committing acts which con- this Act for purposes of this subsection. (3) GOVERNMENT.—The term ‘‘Government’’ stitute the essential elements of, a violation (B) MORE THAN 45 DAYS.—Every motion to means the United States, any Federal de- of, or an attempt or a conspiracy to violate, vacate, modify, dissolve or otherwise termi- partment or agency, or any Federal agent or section 1425(a) or (b) of title 18 (relating to nate an order granting prospective relief in official acting within the scope of official du- the procurement of citizenship or naturaliza- any civil action pertaining to the adminis- ties. tion unlawfully), is inadmissible. tration or enforcement of the immigration (4) PERMANENT RELIEF.—The term ‘‘perma- ‘‘(L) CERTAIN FIREARM OFFENSES.—Any laws of the United States, which has been nent relief’’ means relief issued in connec- alien who at any time has been convicted pending for more than 45 days on the date of tion with a final decision of a court. under any law of, or who admits having com- enactment of this Act, and remains pending (5) PRIVATE SETTLEMENT AGREEMENT.—The mitted or admits committing acts which on the 10th day after such date of enactment, term ‘‘private settlement agreement’’ means constitute the essential elements of, pur- shall result in an automatic stay, without an agreement entered into among the parties chasing, selling, offering for sale, exchang- further order of the court, of the prospective that is not subject to judicial enforcement ing, using, owning, possessing, or carrying, relief that is the subject of any such motion. other than the reinstatement of the civil ac- or of attempting or conspiring to purchase, An automatic stay pursuant to this sub- tion that the agreement settled. section shall continue until the court enters sell, offer for sale, exchange, use, own, pos- (6) PROSPECTIVE RELIEF.—The term ‘‘pro- sess, or carry, any weapon, part, or accessory an order granting or denying the Govern- spective relief’’ means temporary, prelimi- which is a firearm or destructive device (as ment’s motion. No further postponement of nary, or permanent relief other than com- defined in section 921(a) of title 18, United any such automatic stay pursuant to this pensatory monetary damages. States Code) in violation of any law is inad- subsection shall be available under sub- (g) EXPEDITED PROCEEDINGS.—It shall be missible. section (2)(C). the duty of every court to advance on the ‘‘(M) AGGRAVATED FELONS.—Any alien who (4) REQUIREMENTS FOR ORDER DENYING MO- docket and to expedite the disposition of any has been convicted of an aggravated felony TION.—Subsection (b) shall apply to any civil action or motion considered under this at any time is inadmissible. order denying the Government’s motion to section. vacate, modify, dissolve or otherwise termi- (h) APPLICATION OF AMENDMENT.—This Act ‘‘(N) CRIMES OF DOMESTIC VIOLENCE, STALK- nate an order granting prospective relief in shall apply with respect to all orders grant- ING, OR VIOLATION OF PROTECTION ORDERS; any civil action pertaining to the adminis- ing prospective relief in any civil action per- CRIMES AGAINST CHILDREN.— tration or enforcement of the immigration taining to the administration or enforce- ‘‘(i) DOMESTIC VIOLENCE, STALKING, AND laws of the United States. ment of the immigration laws of the United CHILD ABUSE.—Any alien who at any time is (d) ADDITIONAL RULES CONCERNING PRO- States, whether such relief was ordered be- convicted of, or who admits having com- SPECTIVE RELIEF AFFECTING EXPEDITED RE- fore, on, or after the date of the enactment mitted or admits committing acts which MOVAL.— of this Act. constitute the essential elements of, a crime (1) JUDICIAL REVIEW.—Except as expressly (i) SEVERABILITY.—If any provision of this of domestic violence, a crime of stalking, or provided under section 242(e) of the Immigra- title or the application of such provision to a crime of child abuse, child neglect, or child tion and Nationality Act (8 U.S.C. 1252(e)) any person or circumstance is found to be abandonment is inadmissible. In this clause, and notwithstanding any other provision of unconstitutional, the remainder of this title the term ‘crime of domestic violence’ means law, including section 2241 of title 28, United and the application of the provisions of such any crime of violence (as defined in section States Code, any other habeas provision, and to any person or circumstance shall not be 16 of title 18, United States Code) against a sections 1361 and 1651 of such title, no court affected by such finding. person committed by a current or former has jurisdiction to grant or continue an spouse of the person, by an individual with order or part of an order granting prospec- SA 1210. Mr. CORNYN submitted an whom the person shares a child in common, tive relief if the order or part of the order amendment intended to be proposed by by an individual who is cohabiting with or interferes with, affects, or impacts any de- him to the bill S. 1348, to provide for has cohabited with the person as a spouse, by termination pursuant to, or implementation comprehensive immigration reform an individual similarly situated to a spouse of, section 235(b)(1) of such Act (8 U.S.C. of the person under the domestic or family 1225(b)(1)). and for other purposes; which was or- violence laws of the jurisdiction where the (2) GOVERNMENT MOTION.—Upon the Gov- dered to lie on the table; as follows: offense occurs, or by any other individual ernment’s filing of a motion to vacate, mod- On page 49, lines 3 and 4, strike ‘‘, which is against a person who is protected from that ify, dissolve or otherwise terminate an order punishable by a sentence of imprisonment of individual’s acts under the domestic or fam- granting prospective relief in a civil action five years or more’’. ily violence laws of the United States or any identified in subsection (b), the court shall State, Indian tribal government, or unit of promptly— SA 1211. Mr. CORNYN submitted an local or foreign government. (A) decide whether the court continues to amendment intended to be proposed by ‘‘(ii) VIOLATORS OF PROTECTION ORDERS.— have jurisdiction over the matter; and him to the bill S. 1348, to provide for Any alien who at any time is enjoined under

VerDate Aug 31 2005 09:31 May 25, 2007 Jkt 059060 PO 00000 Frm 00334 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.281 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6911 a protection order issued by a court and him to the bill S. 1348, to provide for ‘‘(2) The Secretary may rely on the most whom the court determines has engaged in comprehensive immigration reform recent address provided by the alien under conduct that violates the portion of a protec- and for other purposes; which was or- this section or section 264 to send to the tion order that involves protection against dered to lie on the table; as follows: alien any notice, form, document, or other credible threats of violence, repeated harass- matter pertaining to Federal immigration ment, or bodily injury to the person or per- At the appropriate place, insert the fol- laws, including service of a notice to appear. sons for whom the protection order was lowing: The Attorney General and the Secretary issued is inadmissible. In this clause, the SEC. ll. REPORTING REQUIREMENTS. may rely on the most recent address pro- term ‘protection order’ means any injunc- (a) CLARIFYING ADDRESS REPORTING RE- vided by the alien under section 239(a)(1)(F) tion issued for the purpose of preventing vio- QUIREMENTS.—Section 265 (8 U.S.C. 1305) is to contact the alien about pending removal lent or threatening acts of domestic vio- amended— proceedings. lence, including temporary or final orders (1) in subsection (a)— ‘‘(3) The alien’s provision of an address for issued by civil or criminal courts (other than (A) by striking ‘‘notify the Attorney Gen- any other purpose under the Federal immi- support or child custody orders or provi- eral in writing’’ and inserting ‘‘submit writ- gration laws does not excuse the alien’s obli- sions) whether obtained by filing an inde- ten or electronic notification to the Sec- gation to submit timely notice of the alien’s pendent action or as a independent order in retary of Homeland Security, in a manner address to the Secretary under this section (or to the Attorney General under section another proceeding.’’; and approved by the Secretary,’’; 239(a)(1)(F) with respect to an alien in a pro- (2) in subsection (h)— (B) by striking ‘‘the Attorney General may ceeding before an immigration judge or an (A) by inserting ‘‘or the Secretary of require by regulation’’ and inserting ‘‘the administrative appeal of such proceeding).’’. Homeland Security’’ after ‘‘the Attorney Secretary may require’’; and (b) CONFORMING CHANGES WITH RESPECT TO General’’ each place such term appears; (C) by adding at the end the following: ‘‘If the alien is involved in a proceeding before REGISTRATION REQUIREMENTS.—Chapter 7 of (B) in the matter preceding paragraph (1), title II (8 U.S.C. 1301 et seq.) is amended— by striking ‘‘The Attorney General may, in an immigration judge or in an administra- tive appeal of such proceeding, the alien (1) in section 262(c), by striking ‘‘Attorney his discretion, waive the application of sub- General’’ and inserting ‘‘Secretary of Home- paragraphs (A)(i)(I), (B), (D), and (E) of sub- shall submit to the Attorney General the alien’s current address and a telephone num- land Security’’; section (a)(2)’’ and inserting ‘‘The Attorney (2) in section 263(a), by striking ‘‘Attorney General or the Secretary of Homeland Secu- ber, if any, at which the alien may be con- tacted.’’; General’’ and inserting ‘‘Secretary of Home- rity may waive the application of subpara- land Security’’; and graphs (A)(i)(I), (A)(i)(III), (B), (D), (E), (K), (2) in subsection (b), by striking ‘‘Attorney General’’ each place such term appears and (3) in section 264— and (M) of subsection (a)(2)’’; (A) in subsections (a), (b), (c), and (d), by (C) in the matter following paragraph (2)— inserting ‘‘Secretary of Homeland Security’’; (3) in subsection (c), by striking ‘‘given to striking ‘‘Attorney General’’ each place it (i) by striking ‘‘torture.’’ and inserting appears and inserting ‘‘Secretary of Home- ‘‘torture, or has been convicted of an aggra- such parent’’ and inserting ‘‘given by such parent’’; and land Security’’; and vated felony.’’; and (B) in subsection (f)— (ii) by striking ‘‘if either since the date of (4) by adding at the end the following: ‘‘(d)(1) Except as otherwise provided by the (i) by striking ‘‘Attorney General is au- such admission the alien has been convicted thorized’’ and inserting ‘‘Secretary of Home- of an aggravated felony or the alien’’ and in- Secretary under paragraph (2), an address provided by an alien under this section— land Security and Attorney General are au- serting ‘‘if since the date of such admission thorized’’; and the alien’’. ‘‘(A) shall be the alien’s current residential mailing address; and (ii) by striking ‘‘Attorney General or the (b) DEPORTABILITY; CRIMINAL OFFENSES.— Service’’ and inserting ‘‘Secretary or the At- Section 237(a)(3)(B) (8 U.S.C. 1227(a)(3)(B)) is ‘‘(B) may not be a post office box, another torney General’’. amended— nonresidential mailing address, or the ad- dress of an attorney, representative, labor (c) PENALTIES.—Section 266 (8 U.S.C. 1306) (1) in clause (i), by striking the comma at is amended— the end and inserting a semicolon; organization, or employer. ‘‘(2) The Secretary may provide specific re- (1) by amending subsection (b) to read as (2) in clause (ii), by striking ‘‘, or’’ at the follows: end and inserting a semicolon; quirements with respect to— ‘‘(A) designated classes of aliens and spe- ‘‘(b)(1) Any alien or any parent or legal (3) in clause (iii), by striking the comma at guardian in the United States of a minor the end and inserting ‘‘; or’’; and cial circumstances, including aliens who are employed at a remote location; and alien who fails to notify the Secretary of (4) by inserting after clause (iii) the fol- Homeland Security of the alien’s current ad- ‘‘(B) the reporting of address information lowing: dress in accordance with section 265 shall be by aliens who are incarcerated in a Federal, ‘‘(iv) of a violation of, or an attempt or a fined under title 18, United States Code, im- conspiracy to violate, subsection (a) or (b) of State, or local correctional facility. ‘‘(3) An alien who is being detained by the prisoned for not more than 6 months, or section 1425 of title 18 (relating to the pro- both. Secretary under this Act— curement of citizenship or naturalization un- ‘‘(2) Any alien who violates section 265 (re- ‘‘(A) is not required to report the alien’s lawfully),’’. gardless of whether the alien is punished current address under this section while the (c) DEPORTABILITY; CRIMINAL OFFENSES.— under paragraph (1)) and does not establish Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is alien remains in detention; and to the satisfaction of the Secretary that amended by adding at the end the following: ‘‘(B) shall notify the Secretary of the such failure was reasonably excusable or was ‘‘(F) IDENTIFICATION FRAUD.—Any alien who alien’s address under this section at the time not willful shall be taken into custody in is convicted of a violation of (or a conspiracy of the alien’s release from detention. connection with removal of the alien. If the or attempt to violate) an offense described in ‘‘(e)(1) Notwithstanding any other provi- alien has not been inspected or admitted, or section 208 of the Social Security Act (42 sion of law, the Secretary may provide for if the alien has failed on more than 1 occa- U.S.C. 408) (relating to social security ac- the appropriate coordination and cross ref- sion to submit notice of the alien’s current count numbers or social security cards) or erencing of address information provided by address as required under section 265, the section 1028 of title 18, United States Code an alien under this section with other infor- alien may be presumed to be a flight risk. (relating to fraud and related activity in mation relating to the alien’s address under ‘‘(3) The Secretary or the Attorney Gen- connection with identification), is deport- other Federal programs, including— eral, in considering any form of relief from able.’’. ‘‘(A) any information pertaining to the removal which may be granted in the discre- (d) EFFECTIVE DATE.—The amendments alien, which is submitted in any application, tion of the Secretary or the Attorney Gen- made by this section shall apply to— petition, or motion filed under this Act with eral, may take into consideration the alien’s (1) any act that occurred before, on, or the Secretary of Homeland Security, the failure to comply with section 265 as a sepa- after the date of the enactment of this Act; Secretary of State, or the Secretary of rate negative factor. If the alien failed to (2) all aliens who are required to establish Labor; comply with the requirements of section 265 admissibility on or after such date of enact- ‘‘(B) any information available to the At- after becoming subject to a final order of re- ment; and torney General with respect to an alien in a moval, deportation, or exclusion, the alien’s (3) all removal, deportation, or exclusion proceeding before an immigration judge or failure shall be considered as a strongly neg- proceedings that are filed, pending, or re- an administrative appeal or judicial review ative factor with respect to any discre- opened, on or after such date of enactment. of such proceeding; tionary motion for reopening or reconsider- (e) CONSTRUCTION.—The amendments made ‘‘(C) any information collected with re- ation filed by the alien.’’; by subsection (a) may not be construed to spect to nonimmigrant foreign students or (2) in subsection (c), by inserting ‘‘or a no- create eligibility for relief from removal exchange program participants under section tice of current address’’ before ‘‘containing under former section 212(c) of the Immigra- 641 of the Illegal Immigration Reform and statements’’; and tion and Nationality Act if such eligibility Immigrant Responsibility Act of 1996 (8 (3) in subsections (c) and (d), by striking did not exist before such amendments be- U.S.C. 1372); and ‘‘Attorney General’’ each place it appears came effective. ‘‘(D) any information collected from State and inserting ‘‘Secretary’’. or local correctional agencies pursuant to (d) EFFECTIVE DATES.— SA 1212. Mr. CORNYN submitted an the State Criminal Alien Assistance Pro- (1) IN GENERAL.—Except as provided under amendment intended to be proposed by gram. paragraph (2), the amendments made by this

VerDate Aug 31 2005 09:31 May 25, 2007 Jkt 059060 PO 00000 Frm 00335 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.281 S24MYPT1 bajohnson on PRODPC74 with SENATE S6912 CONGRESSIONAL RECORD — SENATE May 24, 2007 section shall apply to proceedings initiated (2) in paragraph (8)— (1) in subparagraph (A), by adding at the on or after the date of the enactment of this (A) by inserting ‘‘knowingly’’ before ‘‘dis- end the following: ‘‘The alien has the burden Act. closes’’; of proof to establish that the alien’s life or (2) CONFORMING AND TECHNICAL AMEND- (B) by inserting ‘‘account’’ after ‘‘secu- freedom would be threatened in such coun- MENTS.—The amendments made by para- rity’’; and try, and that race, religion, nationality, graphs (1)(A), (1)(B), (2) and (3) of subsection (C) by striking the semicolon and inserting membership in a particular social group, or (a) are effective as if enacted on March 1, ‘‘; or’’; political opinion would be at least 1 central 2003. (3) by inserting after paragraph (8) the fol- reason for such threat.’’; and lowing: (2) in subparagraph (C), by striking ‘‘In de- SA 1213. Mr. CORNYN submitted an ‘‘(9) without lawful authority, knowingly termining whether an alien has dem- amendment intended to be proposed by produces or acquires for any person a social onstrated that the alien’s life or freedom him to the bill S. 1348, to provide for security account number, a social security would be threatened for a reason described in comprehensive immigration reform card, or a number or card that purports to be subparagraph (A)’’ and inserting ‘‘For pur- and for other purposes; which was or- a social security account number or social poses of this paragraph’’. dered to lie on the table; as follows: security card;’’; and (b) EFFECTIVE DATE.—The amendments (4) in the flush text, by striking ‘‘five’’ and made by subsection (a) shall take effect as if After section 203, insert the following: inserting ‘‘10’’. enacted on May 11, 2005, and shall apply to SEC. 203A. PRECLUDING REFUGEES AND (b) CONSPIRACY AND DISCLOSURE.—Section applications for withholding of removal ASYLEES WHO HAVE BEEN CON- 208 of the Social Security Act (42 U.S.C. 408) made on or after such date. VICTED OF AGGRAVATED FELONIES FROM ADJUSTMENT TO LEGAL PER- is further amended by adding at the end the MANENT RESIDENT STATUS. following: SA 1217. Mr. CORNYN submitted an (a) IN GENERAL.—Section 209(c) (8 U.S.C. ‘‘(f) Whoever attempts or conspires to vio- amendment intended to be proposed by 1159(c)) is amended— late any criminal provision under this sec- him to the bill S. 1348, to provide for (1) by inserting ‘‘(1)’’ before ‘‘The provi- tion shall be punished in the same manner as comprehensive immigration reform sions’’; and a person who completes a violation of such provision. and for other purposes; which was or- (2) by adding at the end the following: dered to lie on the table; as follows: ‘‘(2) An alien who is convicted of an aggra- ‘‘(g)(1) Notwithstanding any other provi- vated felony, as defined in section 101(a)(43), sion of law and subject to paragraph (3), the At the appropriate place, insert the fol- is not eligible for a waiver under paragraph Commissioner of Social Security shall dis- lowing: (1) or for adjustment of status under this sec- close to any Federal law enforcement agency SEC. ll. JUDICIAL REVIEW OF DISCRETIONARY tion.’’. the records described in paragraph (2) if such DETERMINATIONS AND REMOVAL (b) APPLICABILITY.—The amendment made law enforcement agency requests such ORDERS RELATING TO CRIMINAL by subsection (a) shall apply with respect records for the purpose of investigating a ALIENS. to— violation of this section or any other felony (a) DENIAL OF RELIEF.—Section 242(a)(2)(B) (1) any act that occurred before, on, or offense. (8 U.S.C. 1252(a)(2)(B)) is amended to read as after the date of the enactment of this Act; ‘‘(2) The records described in this para- follows: (2) all aliens who are required to establish graph are records of the Social Security Ad- ‘‘(B) DENIAL OF DISCRETIONARY RELIEF AND admissibility on or after such date of enact- ministration concerning— CERTAIN OTHER RELIEF.—Except as provided ment; and ‘‘(A) the identity, address, location, or fi- under subparagraph (D), and notwith- (3) all removal, deportation, or exclusion nancial institution accounts of the holder of standing any other provision of law, includ- proceedings that are filed, pending, or re- a social security account number or social ing section 2241 of title 28, any other habeas opened, on or after such date of enactment. security card; corpus provision, and sections 1361 and 1651 ‘‘(B) the application for and issuance of a of such title, and regardless of whether the SA 1214. Mr. CORNYN submitted an social security account number or social se- individual determination, decision, or action amendment intended to be proposed by curity card; and is made in removal proceedings, no court him to the bill S. 1348, to provide for ‘‘(C) the existence or nonexistence of a so- shall have jurisdiction to review— cial security account number or social secu- ‘‘(i) any individual determination regard- comprehensive immigration reform rity card. ing the granting of status or relief under sec- and for other purposes; which was or- ‘‘(3) The Commissioner of Social Security tion 212(h), 212(i), 240A, 240B, or 245; or dered to lie on the table; as follows: may not disclose any tax return or tax re- ‘‘(ii) any discretionary decision or action After section 305, insert the following: turn information pursuant to this subsection of the Attorney General or the Secretary of SEC. 305A. ADDITIONAL CRIMINAL PENALTIES except as authorized by section 6103 of the Homeland Security under this Act or the FOR MISUSE OF SOCIAL SECURITY Internal Revenue Code of 1986.’’. regulations promulgated under this Act, ACCOUNT NUMBERS. other than the granting of relief under sec- (a) IN GENERAL.—Section 208(a) of the So- SA 1215. Mr. CORNYN submitted an tion 208(a), regardless of whether such deci- cial Security Act (42 U.S.C. 408(a)) is amend- amendment intended to be proposed by sion or action is guided or informed by ed— him to the bill S. 1348, to provide for standards or guidelines, regulatory, statu- (1) by amending paragraph (7) to read as comprehensive immigration reform tory, or otherwise.’’. follows: and for other purposes; which was or- (b) FINAL ORDER OF REMOVAL.—Section ‘‘(7) for any purpose— dered to lie on the table; as follows: 242(a)(2)(C) (8 U.S.C. 1252(a)(2)(C)) is amended ‘‘(A) knowingly possesses or uses a social At the appropriate place, insert the fol- to read as follows: security account number or social security lowing: ‘‘(C) Except as provided under subpara- card knowing that such number or card was graph (D), and notwithstanding any other obtained from the Commissioner of Social SEC. ll. JUDICIAL REVIEW OF VISA REVOCA- TION. provision of law, including section 2241 of Security by means of fraud or false state- Section 221(i) (8 U.S.C. 1201) is amended by title 28, any other habeas corpus provision, ment; striking the last sentence and inserting the and sections 1361 and 1651 of such title, no ‘‘(B) knowingly and falsely represents a following: ‘‘Notwithstanding any other pro- court shall have jurisdiction to review any number to be the social security account vision of law, including section 2241 of title final order of removal (regardless of whether number assigned by the Commissioner of So- 28, United States Code, or any other habeas relief or protection was denied on the basis cial Security to the person or to another per- corpus provision, and sections 1361 and 1651 of the alien’s having committed a criminal son, when in fact such number is not the so- of such title, a revocation under this sub- offense) against an alien who is removable cial security account number assigned by the section may not be reviewed by any court, for committing a criminal offense under sec- Commissioner of Social Security to such per- and no court shall have jurisdiction to hear tion 208(a)(2) or subparagraph (A)(iii), (B), son or to such other person; any claim arising from, or any challenge to, (C), or (D) of section 237(a)(2), or any offense ‘‘(C) knowingly buys, sells, or possesses such a revocation.’’. under section 237(a)(2)(A)(ii) for which both with intent to buy or sell a social security predicate offenses are, without regard to account number or a social security card SA 1216. Mr. CORNYN submitted an their date of commission, described in sec- that is or purports to be a number or card amendment intended to be proposed by tion 237(a)(2)(A)(i).’’. issued by the Commissioner of Social Secu- him to the bill S. 1348, to provide for rity; comprehensive immigration reform SA 1218. Mr. CORNYN submitted an ‘‘(D) knowingly alters, counterfeits, forges, amendment intended to be proposed by or falsely makes a social security account and for other purposes; which was or- dered to lie on the table; as follows: him to the bill S. 1348, to provide for number or a social security card; or comprehensive immigration reform ‘‘(E) knowingly possesses, uses, distributes, At the appropriate place, insert the fol- or transfers a social security account num- lowing: and for other purposes; which was or- ber or a social security card knowing the SEC. ll. WITHHOLDING OF REMOVAL. dered to lie on the table; as follows: number or card to be altered, counterfeited, (a) IN GENERAL.—Section 241(b)(3) (8 U.S.C. At the appropriate place, insert the fol- forged, falsely made, or stolen; or’’; 1231(b)(3)) is amended— lowing:

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ACCESS TO NATIONAL CRIME INFOR- Strike subsection (c) of section 418 and all and Tax Statement filed by the employer for MATION CENTER’S INTERSTATE that follows through subsection (d) of sec- such employee, and such other form or infor- IDENTIFICATION INDEX. tion 420, and insert the following: mation relating to such employment as the (a) CRIMINAL JUSTICE ACTIVITIES.—Section (c) GRANTING DUAL INTENT TO CERTAIN Secretary of Homeland Security, in the dis- 104 of the Immigration and Nationality Act NONIMMIGRANT STUDENTS.—Subsection (h) of cretion of the Secretary, may specify, with (8 U.S.C. 1104) is amended by adding at the section 214 of the Immigration and Nation- respect to such nonimmigrant alien em- end the following: ality Act (8 U.S.C. 1184(h)) is amended— ployee for the period of admission granted to ‘‘(f) CRIMINAL JUSTICE ACTIVITIES.—Not- (1) by striking ‘‘(H)(i)(b) or (c),’’ and insert- the alien; and withstanding any other provision of law, any ing ‘‘(F)(iv), (H)(i)(b), (H)(i)(c),’’; and ‘‘(C) notwithstanding section 6103 of the In- Department of State personnel with author- (2) by striking ‘‘if the alien had obtained a ternal Revenue Code of 1986, or any other ity to grant or refuse visas or passports may change of status’’ and inserting ‘‘if the alien law, the Commissioner of Internal Revenue carry out activities that have a criminal jus- had been admitted as, provided status as, or or the Commissioner of the Social Security tice purpose.’’. obtained a change of status’’. Administration shall upon request of the (b) LIAISON WITH INTERNAL SECURITY OFFI- SEC. 419. H–1B STREAMLINING AND SIMPLIFICA- Secretary confirm whether the Form W-2 CERS; DATA EXCHANGE.—Section 105 of the TION. Wage and Tax Statement filed by the em- Immigration and Nationality Act (8 U.S.C. (a) H–1B AMENDMENTS.— ployer under subparagraph (B) matches a 1105) is amended by striking subsections (b) (1) IN GENERAL.—Section 214(g) of the Im- Form W-2 Wage and Tax Statement filed and (c) and inserting the following: migration and Nationality Act (8 U.S.C. with the Internal Revenue Service or the So- ‘‘(b) ACCESS TO NCIC-IIII.— 1184(g)) is amended— cial Security Administration, as the case ‘‘(1) IN GENERAL.—Notwithstanding any (A) in paragraph (1)(A), by striking clauses may be.’’. other provision of law, the Attorney General (i) through (vii) and inserting the following: (d) EXTENSION OF H–1B STATUS FOR MERIT– and the Director of the Federal Bureau of In- ‘‘(i) 150,000 in fiscal year 2008; BASED ADJUSTMENT APPLICANTS.— vestigation shall provide to the Department ‘‘(ii) in any subsequent fiscal year, subject (1) IN GENERAL.—Section 214(g)(4), as redes- of Homeland Security and the Department of to clause (iii), the number for the previous ignated by section 409, is amended— State access to the criminal history record fiscal year as adjusted in accordance with (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; information contained in the National Crime the method set forth in paragraph (2); and (B) by striking ‘‘If an alien’’ and inserting Information Center’s Interstate Identifica- ‘‘(iii) 215,000 for any fiscal year; or’’; the following: tion Index (NCIC-III) and the Wanted Per- (B) in paragraph (6), as redesignated by ‘‘(B) If an alien’’; and sons File and to any other files maintained section 409— (C) by adding at the end the following: by the National Crime Information Center (i) in subparagraph (B), by striking ‘‘; or’’ ‘‘(C) Subparagraph (B) shall not apply to for the purpose of determining whether an and inserting a semicolon; such a nonimmigrant who has filed a peti- applicant or petitioner for a visa, admission, (ii) in subparagraph (C), by striking ‘‘until tion for an immigrant visa accompanied by a or any benefit, relief, or status under the im- the number of aliens who are exempted from qualifying employer recommendation under migration laws, or any beneficiary of an ap- such numerical limitation during such fiscal section 203(b)(1), if 365 days or more have plication or petition under the immigration year exceeds 20,000.’’ and inserting ‘‘; or’’; elapsed since filing and it has not been de- laws, has a criminal history record indexed and nied, in which case the Secretary of Home- in the file. (iii) by adding at the end the following: land Security may extend the stay of an ‘‘(2) AUTHORIZED ACTIVITIES.— ‘‘(D) has earned a master’s or higher degree alien in 1-year increments until such time as ‘‘(A) IN GENERAL.—The Secretary of Home- in science, technology, engineering, or math- a final decision is made on the alien’s lawful land Security and the Secretary of State— ematics from an institution of higher edu- permanent residence.’’. ‘‘(i) shall have direct access, without any cation outside of the United States.’’; and (2) REPEAL.—Section 106 of the American fee or charge, to the information described in (C) in paragraph (9), as redesignated by sec- Competitiveness in the Twenty-first Century paragraph (1) to conduct name-based tion 409— Act of 2000 (8 U.S.C. 1184 note) is amended by searches, file number searches, and any (i) in subparagraph (B)— striking subsections (a) and (b). other searches that any criminal justice or (I) in clause (iii), by striking ‘‘The annual SEC. 420. H–1B EMPLOYER REQUIREMENTS. other law enforcement officials are entitled numerical limitations described in clause (i) (a) NONDISPLACEMENT REQUIREMENT.— to conduct; and shall not exceed’’ and inserting ‘‘Without re- (1) EXTENDING TIME PERIOD FOR NON- ‘‘(ii) may contribute to the records main- spect to the annual numerical limitations DISPLACEMENT.—Section 212(n) of the Immi- tained by the National Crime Information described in clause (i), the Secretary may gration and Nationality Act (8 U.S.C. 1182(n)) Center. issue a visa or otherwise grant non- is amended— ‘‘(B) SECRETARY OF HOMELAND SECURITY.— immigrant status pursuant to section (A) in paragraph (1)— The Secretary of Homeland Security shall 1101(a)(15)(H)(i)(b) in the following quan- (i) in subparagraph (E), by striking ‘‘90 receive, on request by the Secretary of tities:’’; and days’’ each place it appears and inserting Homeland Security, access to the informa- (ii) by striking clause (iv); and ‘‘180 days’’; and tion described in paragraph (1) by means of (iii) by striking subparagraph (D). (ii) in subparagraph (F)(ii), by striking ‘‘90 extracts of the records for placement in the (2) APPLICABILITY.—The amendments made days’’ each place it appears and inserting appropriate database without any fee or by paragraph (1)(B) shall apply with respect ‘‘180 days’’; and charge. to any petition or visa application pending (B) in paragraph (2)(C)(iii), by striking ‘‘90 ‘‘(c) CRIMINAL JUSTICE AND LAW ENFORCE- on the date of the enactment of this Act and days’’ each place it appears and inserting MENT PURPOSES.—Notwithstanding any other to any petition or visa application filed on or ‘‘180 days’’. provision of law, adjudication of eligibility after such date of enactment. (2) EFFECTIVE DATE.—The amendments for benefits under the immigration laws and (b) REQUIRING A DEGREE.—Paragraph (2) of made by paragraph (1)— other purposes relating to citizenship and section 214(i) (8 U.S.C. 1184(i)) is amended— (A) shall apply to applications filed on or immigration services, shall be considered to (1) in subparagraph (A), by striking the after the date of the enactment of this Act; be criminal justice or law enforcement pur- comma at the end and inserting ‘‘; or’’; and poses with respect to access to or use of any (2) in subparagraph (B), by striking ‘‘, or’’ (B) shall not apply to displacements for pe- information maintained by the National and inserting a period; and riods occurring more than 90 days before Crime Information Center or other criminal (3) by striking subparagraph (C). such date. history information or records.’’. (c) PROVISION OF W-2 FORMS.—Section (b) H–1B NONIMMIGRANTS NOT ADMITTED 214(g)(5), as redesignated by section 409, is FOR JOBS ADVERTISED OR OFFERED ONLY TO SA 1219. Mr. CORNYN submitted an amended to read as follows: H–1B NONIMMIGRANTS.—Section 212(n)(1) of amendment intended to be proposed by ‘‘(5) In the case of a nonimmigrant de- such Act, as amended by this section, is fur- scribed in section 101(a)(15)(H)(i)(b)— ther amended— him to the bill S. 1348, to provide for ‘‘(A) the period of authorized admission as (1) by inserting after subparagraph (G) the comprehensive immigration reform such a nonimmigrant may not exceed 6 years following: and for other purposes; which was or- (except for a nonimmigrant who has filed a ‘‘(H)(i) The employer has not advertised dered to lie on the table; as follows: petition for an immigrant visa under section the available jobs specified in the applica- In subsections (e)(2) and (f)(1) of section 203(b)(1), if 365 days or more have elapsed tion in an advertisement that states or indi- 503, strike ‘‘May 1, 2005’’ each place it ap- since filing and it has not been denied, in cates that— pears and insert ‘‘January 1, 2007’’. which case the Secretary of Homeland Secu- ‘‘(I) the job or jobs are only available to rity may extend the stay of an alien in 1- persons who are or who may become H–1B SA 1220. Mr. GREGG submitted an year increments until such time as a final nonimmigrants; or amendment intended to be proposed by decision is made on the alien’s lawful perma- ‘‘(II) persons who are or who may become nent residence); H–1B nonimmigrants shall receive priority him to the bill S. 1348, to provide for ‘‘(B) if the alien is granted an initial period or a preference in the hiring process. comprehensive immigration reform of admission less than 6 years, any subse- ‘‘(ii) The employer has not only recruited and for other purposes; which was or- quent application for an extension of stay for persons who are, or who may become, H–1B dered to lie on the table; as follows: such alien shall include the Form W-2 Wage nonimmigrants to fill the job or jobs.’’; and

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(2) in the flush text at the end, by striking (b) REQUIRED DISCLOSURES.—The Secretary (i) REFERENCES.—References in this section ‘‘The employer’’ and inserting the following: of Homeland Security and the Secretary of to section 601 or 602 are references to sec- ‘‘(K) The employer’’. State shall provide the information fur- tions 601 and 602 of this Act and the amend- (c) LIMIT ON PERCENTAGE OF H-1B EMPLOY- nished pursuant to an application filed under ments made by those sections. EES.—Section 212(n)(1) of such Act, as section 601 and 602, and any other informa- amended by this section, is further amended tion derived from such furnished informa- SA 1223. Mr. SANDERS proposed an by inserting after subparagraph (H), as added tion, to— amendment to amendment SA 1150 pro- by subsection (b)(1), the following: (1) a law enforcement entity, intelligence ‘‘(I) If the employer employs not less than agency, national security agency, component posed by Mr. REID (for Mr. KENNEDY 50 employees in the United States, not more of the Department of Homeland Security, (for himself and Mr. SPECTER)) to the than 50 percent of such employees are H–1B court, or grand jury in connection with a bill S. 1348, to provide for comprehen- nonimmigrants.’’. criminal investigation or prosecution or a sive immigration reform and for other national security investigation or prosecu- purposes; as follows: SA 1221. Mr. CARDIN submitted an tion, in each instance about an individual At the end of title VII, insert the fol- amendment intended to be proposed by suspect or group of suspects, when such in- lowing: formation is requested by such entity; him to the bill S. 1348, to provide for Subtitle C—American Competitiveness (2) a law enforcement entity, intelligence comprehensive immigration reform Scholarship Program agency, national security agency, or compo- and for other purposes; which was or- nent of the Department of Homeland Secu- SEC. 711. AMERICAN COMPETITIVENESS SCHOL- dered to lie on the table; as follows: rity in connection with a duly authorized in- ARSHIP PROGRAM. At the appropriate place insert the fol- vestigation of a civil violation, in each in- (a) ESTABLISHMENT.—The Director of the lowing: stance about an individual suspect or group National Science Foundation (referred to in SEC. ll. SSI EXTENSION FOR HUMANITARIAN of suspects, when such information is re- this section as the ‘‘Director’’) shall award IMMIGRANTS. quested by such entity; or scholarships to eligible individuals to enable Section 402(a)(2) of the Personal Responsi- (3) an official coroner for purposes of af- such individuals to pursue associate, under- bility and Work Opportunity Reconciliation firmatively identifying a deceased indi- graduate, or graduate level degrees in math- Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by vidual, whether or not the death of such in- ematics, engineering, health care, or com- adding at the end the following: dividual resulted from a crime. puter science. ‘‘(M) SSI EXTENSION THROUGH FISCAL YEAR (c) INAPPLICABILITY AFTER DENIAL.—The (b) ELIGIBILITY.— 2010.— limitations under subsection (a)— (1) IN GENERAL.—To be eligible to receive a ‘‘(i) IN GENERAL.—With respect to eligi- (1) shall apply only until an application scholarship under this section, an individual bility for benefits for the specified Federal filed under section 601 and 602 is denied and shall— program described in paragraph (3)(A), the 7- all opportunities for administrative appeal (A) be a citizen of the United States, a na- year period described in subparagraph (A) of the denial have been exhausted; and tional of the United States (as defined in sec- shall be deemed to be a 9-year period during (2) shall not apply to the use of the infor- tion 101(a) of the Immigration and Nation- the period that begins on the date of enact- mation furnished pursuant to such applica- ality Act (8 U.S.C. 1101(a)), an alien admitted ment of this subparagraph and ends on Sep- tion in any removal proceeding or other as a refugee under section 207 of such Act (8 tember 30, 2010. criminal or civil case or action relating to U.S.C. 1157), or an alien lawfully admitted to ‘‘(ii) ALIENS WHOSE BENEFITS CEASED IN an alien whose application has been granted the United States for permanent residence; PRIOR FISCAL YEARS.— that is based upon any violation of law com- (B) prepare and submit to the Director an ‘‘(I) IN GENERAL.—Beginning on the date of mitted or discovered after such grant. application at such time, in such manner, enactment of this subparagraph, any quali- (d) CRIMINAL CONVICTIONS.—Notwith- and containing such information as the Di- fied alien rendered ineligible for the speci- standing any other provision of this section, rector may require; and fied Federal program described in paragraph information concerning whether the appli- (C) certify to the Director that the indi- (3)(A) during fiscal years prior to the fiscal cant has at any time been convicted of a vidual intends to use amounts received under year in which such subparagraph is enacted crime may be used or released for immigra- the scholarship to enroll or continue enroll- solely by reason of the termination of the 7- tion enforcement and law enforcement pur- ment at an institution of higher education year period described in subparagraph (A) poses. (as defined in section 101(a) of the Higher shall be eligible for such program for an ad- (e) AUDITING AND EVALUATION OF INFORMA- Education Act of 1965 (20 U.S.C. 1001(a)) in ditional 2-year period in accordance with TION.—The Secretary may audit and evaluate order to pursue an associate, undergraduate, this subparagraph, if such alien meets all information furnished as part of any applica- or graduate level degree in mathematics, en- other eligibility factors under title XVI of tion filed under sections 601 and 602, any ap- gineering, computer science, nursing, medi- the Social Security Act. plication to extend such status under section cine, or other clinical medical program, or ‘‘(II) PAYMENT OF BENEFITS.—Benefits paid 601(k), or any application to adjust status to technology, or science program designated under subclause (I) shall be paid prospec- that of an alien lawfully admitted for perma- by the Director. tively over the duration of the qualified nent residence under section 602, for pur- (2) ABILITY.—Awards of scholarships under alien’s renewed eligibility.’’. poses of identifying fraud or fraud schemes, this section shall be made by the Director and may use any evidence detected by means solely on the basis of the ability of the appli- of audits and evaluations for purposes of in- SA 1222. Mr. CORNYN submitted an cant, except that in any case in which 2 or vestigating, prosecuting or referring for more applicants for scholarships are deemed amendment intended to be proposed by prosecution, denying, or terminating immi- him to the bill S. 1348, to provide for by the Director to be possessed of substan- gration benefits. tially equal ability, and there are not suffi- (f) USE OF INFORMATION IN PETITIONS AND comprehensive immigration reform cient scholarships available to grant one to APPLICATIONS SUBSEQUENT TO ADJUSTMENT and for other purposes; which was or- each of such applicants, the available schol- OF STATUS.—If the Secretary has adjusted an dered to lie on the table; as follows: arship or scholarships shall be awarded to alien’s status to that of an alien lawfully ad- Strike section 604 (relating to mandatory the applicants in a manner that will tend to mitted for permanent residence pursuant to disclosure of information) and insert the fol- section 602, then at any time thereafter the result in a geographically wide distribution lowing: Secretary may use the information furnished throughout the United States of recipients’ SEC. 604. MANDATORY DISCLOSURE OF INFOR- by the alien in the application for adjust- places of permanent residence. MATION. ment of status or in the applications for sta- (c) AMOUNT OF SCHOLARSHIP; RENEWAL.— (a) IN GENERAL.—Except as otherwise pro- tus pursuant to sections 601 or 602 to make a (1) AMOUNT OF SCHOLARSHIP.—The amount vided in this section, no Federal agency or determination on any petition or applica- of a scholarship awarded under this section bureau, or any officer or employee of such tion. shall be $15,000 per year, except that no agency or bureau, may— (g) CRIMINAL PENALTY.—Whoever know- scholarship shall be greater than the annual (1) use the information furnished by the ingly uses, publishes, or permits information cost of tuition and fees at the institution of applicant pursuant to an application filed to be examined in violation of this section higher education in which the scholarship re- under section 601 and 602, for any purpose, shall be fined not more than $10,000. cipient is enrolled or will enroll. other than to make a determination on the (h) CONSTRUCTION.—Nothing in this section (2) RENEWAL.—The Director may renew a application; shall be construed to limit the use, or re- scholarship under this section for an eligible (2) make any publication through which lease, for immigration enforcement purposes individual for not more than 4 years. the information furnished by any particular of information contained in files or records (d) FUNDING.—The Director shall carry out applicant can be identified; or of the Secretary or Attorney General per- this section only with funds made available (3) permit anyone other than the sworn of- taining to an applications filed under sec- under section 286(x) of the Immigration and ficers, employees or contractors of such tions 601 or 602, other than information fur- Nationality Act (as added by section 712) (8 agency, bureau, or approved entity, as ap- nished by an applicant pursuant to the appli- U.S.C. 1356). proved by the Secretary of Homeland Secu- cation, or any other information derived (e) FEDERAL REGISTER.—Not later than 60 rity, to examine individual applications that from the application, that is not available days after the date of enactment of this Act, have been filed. from any other source. the Director shall publish in the Federal

VerDate Aug 31 2005 09:31 May 25, 2007 Jkt 059060 PO 00000 Frm 00338 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.283 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6915 Register a list of eligible programs of study (I) The Secretary, in the discretion of the SEC. lll. ADJUSTMENT OF STATUS FOR for a scholarship under this section. Secretary— ASYLEES. SEC. 712. SUPPLEMENTAL H-1B NONIMMIGRANT (i) may waive ineligibility under subpara- Section 245 of the Act (8 U.S.C. 1255) is PETITIONER ACCOUNT. graph (B) or (C) if the alien— amended by adding at the end the following: Section 286 of the Immigration and Nation- (I) has not been physically removed from ‘‘(n) ADJUSTMENT OF STATUS FOR ality Act (8 U.S.C. 1356) (as amended by this the United States; and ASYLEES.— Act) is further amended by inserting after (II) demonstrates that the departure of the ‘‘(1) IN GENERAL.—The Secretary of Home- subsection (w) the following: alien from the United States would result in land Security (in this subsection referred to ‘‘(x) SUPPLEMENTAL H–1B NONIMMIGRANT extreme hardship to the alien or the spouse, as the ‘Secretary’) shall adjust the status of PETITIONER ACCOUNT.— parent, or child of the alien; and an alien to that of an alien lawfully admit- ‘‘(1) IN GENERAL.—There is established in (ii) shall, unless the Secretary or the At- ted for permanent residence if the alien— the general fund of the Treasury a separate torney General determines that a waiver is ‘‘(A) is admissible to the United States as account, which shall be known as the ‘Sup- not in the public interest based on the par- an immigrant, except as provided under plemental H–1B Nonimmigrant Petitioner ticular facts of the application for asylum of paragraph (2); Account’. Notwithstanding any other section the alien, waive ineligibility under subpara- ‘‘(B) filed an application for asylum before of this Act, there shall be deposited as offset- graph (B) if— December 31, 2004, which was not found to be ting receipts into the account all fees col- (I) notwithstanding subparagraph (B), the frivolous by the Attorney General under sec- lected under section 214(c)(15). alien is admissible to the United States as an tion 208(d)(6); ‘‘(2) USE OF FEES FOR AMERICAN COMPETI- immigrant; ‘‘(C) changed country conditions were spe- TIVENESS SCHOLARSHIP PROGRAM.—The (II) the alien filed an application for asy- cifically cited by an immigration judge as amounts deposited into the Supplemental H- lum before December 31, 2004, which was not the basis, in whole or in part, for denying the 1B Nonimmigrant Petitioner Account shall found to be frivolous by the Attorney Gen- application for asylum; remain available to the Director of the Na- eral under section 208(d)(6) of the Immigra- ‘‘(D) applies for such adjustment of status; tional Science Foundation until expended for tion and Nationality Act (11 U.S.C. ‘‘(E) has been physically present in the scholarships described in section 711 of the 1158(d)(6)); United States for at least 3 years and was Secure Borders, Economic Opportunity and (III) an immigration judge specifically physically present in the United States on Immigration Reform Act of 2007 for students cited changed country conditions as the the date on which the application for such enrolled in a program of study leading to a basis, in whole or in part, for denying the ap- adjustment was filed; degree in mathematics, engineering, health plication of the alien for asylum; ‘‘(F) has not returned to his or her country care, or computer science.’’. (IV) the alien applies for the adjustment of of nationality or last habitual residence SEC. 713. SUPPLEMENTAL FEES. status; since the date of filing of the application for Section 214(c) of the Immigration and Na- (V) the alien— asylum; and tionality Act (8 U.S.C. 1184(c)) is amended by (aa) has been physically present in the ‘‘(G) pays a fee, in an amount determined adding at the end the following: United States for at least 3 years; and by the Secretary, for the processing of such ‘‘(15)(A) In each instance where the Attor- (bb) was physically present in the United application. ney General, the Secretary of Homeland Se- States on the date the application for the ad- ‘‘(2) APPLICABILITY OF OTHER FEDERAL curity, or the Secretary of State is required justment of status was filed; STATUTORY REQUIREMENTS.—The provisions to impose a fee pursuant to paragraph (9) or (VI) the alien has not returned to the coun- of paragraphs (4), (5), and (7)(A) of section (11), the Attorney General, the Secretary of try of nationality or last habitual residence 212(a) shall not be applicable to any alien Homeland Security, or the Secretary of of the alien since the filing of the applica- seeking adjustment of status under this sub- State, as appropriate, shall impose a supple- tion for asylum; and section, and the Secretary or the Attorney mental fee on the employer in addition to (VII) the alien pays a fee, in an amount de- General may waive any other provision of any other fee required by such paragraph or termined by the Secretary, for the proc- such section 212(a) (other than paragraph any other provision of law, in the amount de- essing of the application. (2)(C) or subparagraph (A), (B), (C), or (F) of termined under subparagraph (B). paragraph (3) of that section) with respect to ‘‘(B) The amount of the supplemental fee SA 1226. Mr. LEVIN submitted an such an alien for humanitarian purposes, to shall be $8,500, except that the fee shall be 1⁄2 amendment intended to be proposed by assure family unity, or when it is otherwise that amount for any employer with not more him to the bill S. 1348, to provide for in the public interest. than 25 full-time equivalent employees who comprehensive immigration reform ‘‘(3) ADJUSTMENT OF STATUS FOR SPOUSES are employed in the United States (deter- AND CHILDREN.—The Secretary shall adjust and for other purposes; which was or- the status of an alien to that of an alien law- mined by including any affiliate or sub- dered to lie on the table; as follows: sidiary of such employer). fully admitted for permanent residence if the ‘‘(C) Fees collected under this paragraph On page 264, line 15, strike the end quote alien is the spouse, child, or unmarried son shall be deposited in the Treasury in accord- and final period and insert the following: or unmarried daughter, of an alien whose ance with section 286(x).’’. ‘‘(G) In addition to any merit points status is adjusted to that of an alien lawfully awarded pursuant to the evaluation system admitted for permanent residence under SA 1224. Mr. COBURN submitted an described in subparagraph (A), an alien shall paragraph (1). amendment intended to be proposed by receive 20 points if the alien— ‘‘(4) RELATIONSHIP OF APPLICATION TO CER- him to the bill S. 1348, to provide for ‘‘(i) is admissible to the United States as TAIN ORDERS.—An alien present in the United an immigrant (except for any provision comprehensive immigration reform States who has been ordered excluded, de- under paragraphs (4), (5), and (7)(A) of sec- ported, removed, or ordered to depart volun- and for other purposes; which was or- tion 212(a) or any other provision of such sec- tarily from the United States under any pro- dered to lie on the table; as follows: tion waived by the Secretary of Homeland vision of this Act may, notwithstanding such Purpose: To prohibit illegal immigrants Security or the Attorney General (other order, apply for adjustment of status under from receiving welfare. than paragraph (2)(C) or subparagraph (A), paragraph (1). Such an alien may not be re- Section 602(a)(6) is amended by adding at (B), (C), or (F) of paragraph (3)) with respect quired, as a condition of submitting or the end the following: ‘‘In no event shall a Z to such alien for humanitarian purposes, to granting such application, to file a motion to nonimmigrant or an alien granted proba- assure family unity, or if otherwise in the reopen, reconsider, or vacate such order. If tionary benefits under section 601(h) be eligi- public interest); the Secretary or the Attorney General ble for assistance under the designated Fed- ‘‘(ii) filed an application for asylum before grants the application, the Attorney General eral program described in section 402(b)(3)(A) December 31, 2004, which was credible, based shall cancel the order of removal. If the Sec- of the Personal Responsibility and Work Op- on the country conditions that existed at the retary or the Attorney General renders a portunity Reconciliation Act of 1996 (8 U.S.C. time the application was file; final administrative decision to deny the ap- 1612(b)(3)(A)) before the date that is 5 years ‘‘(iii) has been physically present in the plication, the order shall be effective and en- after the date on which the alien’s status is United States for not less than 3 years; and forceable, to the same extent as if the appli- adjusted under this section to that of an ‘‘(iv) was physically present in the United cation had not been made. alien lawfully admitted for permanent resi- States on the date on which the application ‘‘(5) STAY OF FINAL ORDER OF EXCLUSION, dence.’’. described in clause (ii) was filed.’’. DEPORTATION, OR REMOVAL.—Filing for ad- justment of status, as described in this sub- SA 1225. Mr. LEVIN submitted an SA 1227. Mr. LEVIN submitted an section, shall result in a stay of a final order amendment intended to be proposed by amendment intended to be proposed by of exclusion, deportation, or removal.’’. him to the bill S. 1348, to provide for him to the bill S. 1348, to provide for comprehensive immigration reform comprehensive immigration reform SA 1228. Mr. LEVIN (for himself, Mr. and for other purposes; which was or- and for other purposes; which was or- OBAMA, Mr. MENENDEZ, Mr. COLEMAN, dered to lie on the table; as follows: dered to lie on the table; as follows: Mr. REID, Mr. LEAHY, Mrs. FEINSTEIN, In section 601(d)(1), strike subparagraph (I) At the appropriate place, insert the fol- and Mr. VOINOVICH) submitted an and insert the following: lowing: amendment intended to be proposed to

VerDate Aug 31 2005 10:50 May 25, 2007 Jkt 059060 PO 00000 Frm 00339 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.284 S24MYPT1 bajohnson on PRODPC74 with SENATE S6916 CONGRESSIONAL RECORD — SENATE May 24, 2007 amendment SA 1150 proposed by Mr. sums as are necessary to carry out this sub- 1348, to provide for comprehensive im- REID, (for Mr. KENNEDY (for himself section. migration reform and for other pur- and Mr. SPECTER)) to the bill S. 1348, to (d) ENHANCED SECURITY THROUGH AN EFFEC- poses; as follows: TIVE NATIONAL NAME CHECK PROGRAM.— provide for comprehensive immigration In section 218B(b) of the Immigration and (1) IN GENERAL.—Not later than 2 years reform and for other purposes; which after the date of enactment of this Act, sub- Nationality Act, as added by section 403(a), was ordered to lie on the table; as fol- ject to paragraph (3), the Director of the strike ‘‘Except where the Secretary of Labor lows: Federal Bureau of Investigation shall ensure has determined that there is a shortage of that all name checks are completed by not United States workers in the occupation and Strike subsection (c) of section 215 of the area of intended employment to which the Y amendment and insert the following: later than 180 days after the date of submis- sion. nonimmigrant is sought, each’’ and insert (c) REPORTS ON BACKGROUND AND SECURITY ‘‘Each’’. (2) REPORT.—Not later than 180 days after CHECKS.— In section 218B(c)(1)(G) of the Immigration the date of the enactment of this Act, the (1) IN GENERAL.—Not later than 180 days and Nationality Act, as added by section Director of the Federal Bureau of Investiga- after the date of enactment of this Act, the 403(a), strike ‘‘Except where the Secretary of tion shall submit to the appropriate congres- Comptroller General of the United States, in Labor has determined that there is a short- sional committees a report that includes a conjunction with the Director of the Federal age of United States workers in the occupa- comprehensive plan to meet the require- Bureau of Investigation, shall submit to the tion and area of intended employment for ments of paragraph (1). appropriate congressional committees a re- which the Y nonimmigrant is sought—’’ and (3) EXCEPTIONAL CIRCUMSTANCES.—Notwith- port on the background and security checks insert ‘‘That—’’. conducted by the Federal Bureau of Inves- standing paragraph (1), the Director of the Federal Bureau of Investigation may— tigation. SA 1232. Mrs. HUTCHISON submitted (2) CONTENT.—The report submitted under (A) extend the timeframe for completion of a name check for not more than 2 additional an amendment intended to be proposed paragraph (1) shall include— by her to the bill S. 1348, to provide for (A) a description of the background and se- 180-day periods, if the Director determines curity check program; that such an extension is necessary to re- comprehensive immigration reform (B) an analysis of resources devoted to the solve the name check because the check and for other purposes; which was or- name check program, including personnel could not reasonably have been completed in dered to lie on the table; as follows: and support; the allotted time through due diligence; or At the end of section 218A of the Immigra- (C) a statistical analysis of the background (B) extend the timeframe as the Director tion and Nationality Act, as added by sec- and security check delays associated with determines to be necessary in any case in tion 402(a), add the following new subsection: different types of name check requests, such which the individual who is the subject of ‘‘(y) SOCIAL SECURITY AND MEDICARE.— as those requested by the U.S. Citizenship the name check is the subject of an ongoing ‘‘(1) SOCIAL SECURITY PAYROLL TAX.— and Immigration Services or the Office of investigation, the completion of which is ‘‘(A) IN GENERAL.—Notwithstanding wheth- Personnel Management, including— necessary for a response to the agency at er an agreement under section 233 of the So- (i) the number of background checks con- which the name check request originated. cial Security Act is in effect between the ducted on behalf of requesting agencies, by (4) AUTHORIZATION OF APPROPRIATIONS.— United States and the home country of Y agency and type of requests (such as natu- There are authorized to be appropriated such nonimmigrant, upon submission of a request ralization or adjustment of status); and sums as are necessary to carry out this sub- at a United States Consulate in the home (ii) the average time spent on each type of section. country of an alien who has ceased to be a Y background check described under subpara- (e) APPROPRIATE CONGRESSIONAL COMMIT- nonimmigrant as result of termination of graph (A), including the time from the sub- TEES DEFINED.—In this section, the term employment in the United States, the Sec- mission of the request to completion of the ‘‘appropriate congressional committees’’ retary of the Treasury shall pay the alien an check and the time from the initiation of means the following: amount equal to the total tax imposed under check processing to the completion of the (1) The Committee on the Judiciary of the section 3101(a) of the Internal Revenue Code check; Senate. of 1986 on the wages received by the alien (D) a statistical analysis of the background (2) The Committee on Homeland Security and 50 percent of the tax imposed under sec- and security check delays by the country of and Governmental Affairs of the Senate. tion 1401(a) of such Code on the self-employ- origin of the applicant; (3) The Committee on the Judiciary of the ment income of such alien while the alien (E) a description of the obstacles that im- House of Representatives. was in such nonimmigrant status (without pede the timely completion of such back- (4) The Committee on Homeland Security interest). An alien receiving such a payment ground checks; of the House of Representatives. shall be— (F) a discussion of the steps that the Direc- ‘‘(i) ineligible for any future admission to tor of the Federal Bureau of Investigation is SA 1229. Mr. SUNUNU submitted an the United States under a Y nonimmigrant taking to expedite background and security amendment intended to be proposed by status; and checks that have been pending for more than him to the bill S. 1348, to provide for ‘‘(ii) prohibited from being credited under 60 days; and comprehensive immigration reform title II of the Social Security Act for any (G) a plan for the automation of all inves- and for other purposes; which was or- quarter of coverage on which such payment tigative records related to the name check dered to lie on the table; as follows: is based. process. ‘‘(B) ADMINISTRATION.—Not later than 1 On page 290, line 18, strike ‘‘by the end of (3) ANNUAL REPORT ON DELAYED BACK- year after the date of the enactment of the the next business day’’ and insert ‘‘, by the GROUND CHECKS.—Not later than the end of Secure Borders, Economic Opportunity and each fiscal year, the Attorney General shall end of the 72-hour period following the com- Immigration Reform Act of 2007, the Sec- submit to the appropriate congressional pletion of those background checks,’’. retary of the Treasury and the Commissioner committees a report containing, with respect On page 291, line 1, strike ‘‘next business of Social Security shall each issue regula- to that fiscal year— day’’ and insert ‘‘72-hour period described in tions establishing procedures for carrying (A) a statistical analysis of the number of paragraph (1)’’. out this paragraph, without regard to the re- background checks processed and pending, quirements of chapter 5 of title 5, United including check requests in process at the SA 1230. Mr. CORNYN submitted an States Code (commonly referred to as the time of the report and check requests re- amendment intended to be proposed by Administrative Procedure Act). ceived but not yet in process; him to the bill S. 1348, to provide for ‘‘(2) MEDICARE PAYROLL TAX.—Not later (B) the average time taken to complete comprehensive immigration reform than 1 year after such date of enactment, the each type of background check; and for other purposes; which was or- Secretary of the Treasury, in consultation (C) a description of efforts made and dered to lie on the table; as follows: with the Secretary of Health and Human progress by the Attorney General in address- Services, shall issue regulations establishing In section 601(i)(2)(C) (relating to other ing any delays in completing such back- procedures for transferring amounts col- documents)— ground checks; lected from the tax imposed under section (1) strike clause (VI) (relating to sworn af- (D) a description of progress made in car- 3101(b) of the Internal Revenue Code of 1986 fidavits); rying out subsection (d); on the wages received by Y nonimmigrant (2) in clause (V), strike the semicolon at (E) a report on the number of name checks and 50 percent of the tax imposed under sec- the end and insert a period; and extended during the preceding year under tion 1401(b) of such Code on the self-employ- (3) in clause (IV), add ‘‘and’’ at the end. subsection (d)(3); and ment income of such alien while working in (F) a description of progress made in auto- Mr. DURBIN (for himself the United States to the Secretary of Health mating files used in the name check process, SA 1231. and Human Services for the purpose of mak- including investigative files of the Federal and Mr. GRASSLEY) proposed an amend- ing payments to eligible providers for the Bureau of Investigation. ment to amendment SA 1150 proposed provision of eligible services to aliens in the (4) AUTHORIZATION OF APPROPRIATIONS.— by Mr. REID (for Mr. KENNEDY (for him- same manner as payments are made to such There are authorized to be appropriated such self and Mr. SPECTER)) to the bill S. providers in accordance with section 1011 of

VerDate Aug 31 2005 09:31 May 25, 2007 Jkt 059060 PO 00000 Frm 00340 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.289 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6917 the Medicare Prescription Drug, Improve- enters the United States to work on a Y visa him to the bill S. 1348, to provide for ment, and Modernization Act of 2003 (42 under section 402 of this Act, shall not be eli- comprehensive immigration reform U.S.C. 1395dd note). gible for the tax credit provided under sec- and for other purposes; which was or- ‘‘(3) APPLICATION OF PROHIBITION ON ELIGI- tion 32 of the Internal Revenue Code (relat- dered to lie on the table; as follows: BILITY FOR FEDERAL PUBLIC BENEFITS.—Noth- ing to earned income) until such alien has ing in this section shall be construed as af- his or her status adjusted to legal permanent Strike section 104. fecting the application of title IV of the Per- resident status. sonal Responsibility and Work Opportunity SA 1241. Mr. COCHRAN submitted an Reconciliation Act of 1996 (8 U.S.C. 1601 et SA 1235. Mr. SESSIONS proposed an amendment intended to be proposed by seq.) to a Y nonimmigrant and in no event amendment to amendment SA 1150 pro- him to the bill S. 1348, to provide for shall an alien be considered a qualified alien posed by Mr. REID, (for Mr. KENNEDY comprehensive immigration reform under such title while granted such status.’’. (for himself and Mr. SPECTER)) to the and for other purposes; which was or- dered to lie on the table; as follows: Mrs. HUTCHISON submitted bill S. 1348, to provide for comprehen- SA 1233. In section 123, in the matter preceding an amendment intended to be proposed sive immigration reform and for other purposes; as follows: paragraph (1), insert ‘‘subject to the avail- by her to the bill S. 1348, to provide for ability of appropriations,’’ after ‘‘shall,’’. comprehensive immigration reform At the appropriate place, insert the fol- lowing: and for other purposes; which was or- SA 1242. Mr. LIEBERMAN (for him- SEC. llll. 5-YEAR LIMITATION ON CLAIMING dered to lie on the table; as follows: EARNED INCOME TAX CREDIT. self, Mr. HAGEL, Ms. CANTWELL, and Strike paragraph (2) of section 607(a) and Section 403(a) of the Personal Responsi- Mr. SCHUMER) submitted an amend- insert the following: bility and Work Opportunity Reconciliation ment intended to be proposed by him (2) adding at the end the following new Act of 1996 (8 U.S.C. 1613) is amended by in- to the bill S. 1348, to provide for com- subsections: serting ‘‘, including the tax credit provided prehensive immigration reform and for ‘‘(d)(1) Except as provided in paragraphs (2) under section 32 of the Internal Revenue other purposes; which was ordered to and (3) and subsection (e), for purposes of Code (relating to earned income),’’ after lie on the table; as follows: this section and for purposes of determining ‘‘means-tested public benefit’’. a qualifying quarter of coverage under sec- On page 265, beginning on line 27, strike all tion 402(b)(2)(B) of the Personal Responsi- SA 1236. Mr. BAUCUS (for himself through page 266, line 8, and insert the fol- lowing: bility and Work Opportunity Reconciliation and Mr. TESTER) submitted an amend- Act of 1996 (8 U.S.C. 1612(b)(2)(B))— (c) PROCEDURE FOR GRANTING IMMIGRANT ment intended to be proposed by him STATUS.— ‘‘(A) no quarter of coverage shall be cred- to the bill S. 1348, to provide for com- ited if, with respect to any individual who is (1) IN GENERAL.—Section 204(a)(1) of the assigned a social security account number prehensive immigration reform and for Immigration and Nationality Act (8 U.S.C. after 2007, such quarter of coverage is earned other purposes; which was ordered to 1154(a)(1)) is amended by striking subpara- prior to the year in which such social secu- lie on the table; as follows: graphs (E) and (F). rity account number is assigned; and On page 3, lines 7 through 9, strike ‘‘, bio- (2) HIGHLY SKILLED WORKERS.—Paragraph ‘‘(B) there shall be a rebuttable presump- metrics, and/or complies with the require- (6) of section 214(g) of the Immigration and tion that an alien who is granted non- ments for such documentation under the Nationality Act (8 U.S.C. 1184(g)(6)), as redes- immigrant status under section 101(a)(15)(Z) REAL ID Act’’ and insert ‘‘and biometrics’’. ignated by section 409, is amended— of the Immigration and Nationality Act (8 On page 90, strike lines 22 through 38 and (A) in subparagraph (C), by striking ‘‘until U.S.C. 1101(a)(15)(Z)) and who was granted a insert the following: the number of aliens who are exempted from social security account number prior to 2007, ‘‘(i) an individual’s driver’s license or iden- such numerical limitation during such year has no qualifying quarters of coverage tity card issued by a State, the Common- exceeds 20,000.’’ and inserting ‘‘or has been earned prior to the date that the alien is wealth of the Northern Mariana Islands, or awarded a medical specialty certification granted such status. an outlying possession of the United States based on post-doctoral training and experi- ‘‘(2) Paragraph (1) shall not apply with re- if— ence in the United States; or’’; and spect to any quarter of coverage earned by On page 92, strike lines 22 through 26. (B) by adding at the end the following: an individual who satisfies the criterion On page 130, strike line 28 and all that fol- ‘‘(D) has earned a master’s or higher degree specified in subsection (c)(2). lows through page 133, line 29. in science, technology, engineering, or math- ‘‘(3) The rebuttable presumption described ematics from an institution of higher edu- in paragraph (1)(B) may be overcome with SA 1237. Mr. BINGAMAN submitted cation outside of the United States.’’. appropriate, verifiable documents proving an amendment intended to be proposed (d) EFFECTIVE DATE.— creditable quarters of coverage during a pe- to amendment SA 1150 proposed by Mr. (1) IN GENERAL.—Subject to paragraph (2), the amendments made by this section shall riod— REID, (for Mr. KENNEDY (for himself ‘‘(A) prior to the date that the alien is take effect on the first day of the fiscal year and Mr. SPECTER)) to the bill S. 1348, to subsequent to the fiscal year of enactment, granted nonimmigrant status under section provide for comprehensive immigration 101(a)(15)(Z); and unless such date is less than 270 days after ‘‘(B) that the alien was present in the reform and for other purposes; which the date of enactment, in which case the United States pursuant to a grant of status was ordered to lie on the table; as fol- amendments shall take effect on the first under a provision of the Immigration and lows: day of the following fiscal year. Nationality Act (8 U.S.C. 1101 et seq.). In section 601(f)(2), strike ‘‘12 months’’ and (2) PENDING AND APPROVED PETITIONS AND ‘‘(e) Subsection (d) shall not apply with re- insert ‘‘2 years’’. APPLICATIONS.— spect to a determination under subsection (A) IN GENERAL.—Petitions for an employ- (a) or (b) for a deceased individual in the SA 1238. Mr. CORNYN submitted an ment-based visa filed for classification under case of a child who is a United States citizen amendment intended to be proposed by paragraph (1), (2), or (3) of section 203(b) of and who is applying for child’s insurance him to the bill S. 1348, to provide for the Immigration and Nationality Act (8 benefits under section 202(d) based on the comprehensive immigration reform U.S.C. 1153(b)) (as such provisions existed prior to the enactment of this section) that wages and self-employment income of such and for other purposes; which was or- deceased individual.’’. were filed prior to the date of the introduc- dered to lie on the table; as follows: tion of the Secure Borders, Economic Oppor- SA 1234. Mr. SESSIONS submitted an On page 26, line 27, strike ‘‘$50,000,000’’ and tunity, and Immigration Reform Act of 2007 amendment to amendment SA 1150 pro- insert ‘‘$100,000,000’’. and were pending or approved at the time of posed by Mr. REID, (for Mr. KENNEDY the effective date of this section, shall be treated as if such provisions remained effec- (for himself and Mr. SPECTER)) to the SA 1239. Mr. ENSIGN submitted an amendment intended to be proposed by tive and an approved petition may serve as bill S. 1348, to provide for comprehen- the basis for issuance of an immigrant visa. sive immigration reform and for other him to the bill S. 1348, to provide for comprehensive immigration reform (B) ADJUSTMENT OF STATUS.—The alien purposes; as follows: with respect to whom a petition was pending At the appropriate place, insert the fol- and for other purposes; which was or- or approved as described in subparagraph lowing: dered to lie on the table; as follows: (A), and any dependent accompanying or fol- SEC. llll. LIMITATION ON CLAIMING EARNED At the appropriate place in title VII, strike lowing to join such alien, may file an appli- INCOME TAX CREDIT. the section that requires the Secretary of cation for adjustment of status under section Any alien who is unlawfully present in the Education to develop an Internet-based 245(a) of the Immigration and Nationality United States, receives adjustment of status English Learning Program. Act (8 U.S.C. 1255(a)) regardless of whether under section 601 of this Act (relating to an immigrant visa is immediately available aliens who were illegally present in the SA 1240. Mr. COCHRAN submitted an at the time the application is filed. Such ap- United States prior to January 1, 2007), or amendment intended to be proposed by plication for adjustment of status shall not

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Mr. CORNYN submitted an this paragraph to a worldwide level of visas comes available. amendment intended to be proposed by refers to the worldwide level specified in sec- (C) LABOR CERTIFICATION.—Aliens with ap- him to the bill S. 1348, to provide for tion 201(d)(1).’’; plications for a labor certification pursuant comprehensive immigration reform (3) by redesignating paragraphs (4) through to section 212(a)(5)(A) of the Immigration (6) as paragraphs (2) through (4), respec- and Nationality Act (8 U.S.C. 1182(a)(5)(A)) and for other purposes; which was or- tively; shall preserve the immigrant visa priority dered to lie on the table; as follows: (4) in paragraph (2) (as redesignated by date accorded by the date of filing of such On page 148, strike lines 3 through 7, and paragraph (3))— labor certification application. insert the following: (A) by striking ‘‘7.1 percent of such world- ‘‘(B) STATE IMPACT ASSISTANCE FEE.—An wide level’’ and inserting ‘‘4,200 of the world- SA 1243. Mr. OBAMA (for himself and alien making an application for a Y–1 non- wide level specified in section 201(d)(1)’’; and Mr. MENENDEZ) submitted an amend- immigrant visa shall pay a State impact as- (B) by striking ‘‘5,000’’ and inserting ment intended to be proposed by him sistance fee of $750 and an additional $100 fee ‘‘2,500’’; to the bill S. 1348, to provide for com- for each dependent accompanying or fol- (5) in paragraph (3) (as redesignated by lowing to join the alien.’’. paragraph (3))— prehensive immigration reform and for (A) in subparagraph (A), by striking ‘‘7.1 other purposes; which was ordered to On page 288, strike lines 4 through 9, and insert the following: percent of such worldwide level’’ and insert- lie on the table; as follows: ing ‘‘2,800 of the worldwide level specified in (C) STATE IMPACT ASSISTANCE FEE.—In addi- At the end of title V, add the following: tion to any other amounts required to be section 201(d)(1)’’; and SEC. 509. EXPIRATION OF PROVISIONS. paid under this subsection, an alien making (B) in subparagraph (B)(i), by striking ‘‘3,000’’ and inserting ‘‘1,500’’; and On September 30 of the fifth fiscal year fol- an initial application for Z–1 nonimmigrant (6) by adding at the end the following lowing the fiscal year in which this Act is status shall be required to pay a State im- ‘‘(5) MERIT-BASED EMPLOYER-SPONSORED IM- enacted, the following provisions of this Act pact assistance fee equal to $750 and an addi- MIGRANTS.— (and the amendments made by such provi- tional $100 fee for each dependent accom- ‘‘(A) PRIORITY WORKERS.—Visas shall first sions) shall be repealed and the Immigration panying or following to join the alien. and Nationality Act shall be applied as if be made available in a number not to exceed On page 288, strike lines 22 through 24, and such provisions had not been enacted: 33.3 percent of the worldwide level specified insert the following: (1) Section 501, except that this paragraph in section 201(d)(5), to qualified immigrants (ii) DEPOSIT OF STATE IMPACT ASSISTANCE shall not apply to paragraphs (2) through (4) who are aliens described in any of clauses (i) FUNDS.—The fees collected under subpara- of section 201(d) of the Immigration and Na- through (iii): graph (C) shall be deposited in the State Im- ‘‘(i) ALIENS WITH EXTRAORDINARY ABILITY.— tionality Act (as added by section 501(b)). pact Assistance Account established under (2) Subsections (a) through (e) of section An alien is described in this clause if— section 286(x) of the Immigration and Na- ‘‘(I) the alien has extraordinary ability in 502. tionality Act, as added by section 402, and (3) Subsections (a), (b), (c), (d), and (e)(1) of the sciences, arts, education, business, or used for the purposes described in such sec- athletics which has been demonstrated by section 503. tion 286(x). (4) Section 504. sustained national or international acclaim and whose achievements have been recog- Mr. ENSIGN submitted an SA 1244. Mr. CORNYN submitted an SA 1248. nized in the field through extensive docu- amendment intended to be proposed by amendment intended to be proposed by mentation; him to the bill S. 1348, to provide for ‘‘(II) the alien seeks to enter the United him to the bill S. 1348, to provide for States to continue work in the area of ex- comprehensive immigration reform comprehensive immigration reform and for other purposes; which was or- traordinary ability; and and for other purposes; which was or- ‘‘(III) the alien’s entry into the United dered to lie on the table; as follows: dered to lie on the table; as follows: States will substantially benefit prospec- On page 292, between lines 33 and 34, strike: Strike 601(e)(6)(E)(ii) and insert the fol- tively the United States. ‘‘(D) IN GENERAL.—The alien’’ through lowing: ‘‘(ii) OUTSTANDING PROFESSORS AND RE- ‘‘which taxes are owed.’’, and insert the fol- (ii) DEPOSIT OF STATE IMPACT ASSISTANCE SEARCHERS.—An alien is described in this lowing: FUNDS.—The fees collected under subpara- clause if— ‘‘(i) IN GENERAL.—The alien may satisfy graph (C) shall be deposited in the State Im- ‘‘(I) the alien is recognized internationally such requirement by establishing that— pact Assistance Account established under as outstanding in a specific academic area; ‘‘(I) no such tax liability exists; section 286(x) of the Immigration and Na- ‘‘(II) the alien has at least 3 years of expe- ‘‘(II) all outstanding liabilities have been tionality Act, as added by section 402, and rience in teaching or research in the aca- met; or used for the purposes described in such sec- demic area; and ‘‘(III) the alien has entered into an agree- tion 286(x). ‘‘(III) the alien seeks to enter the United ment for payment of all outstanding liabil- States— SA 1245. Mr. CORNYN submitted an ities with the Internal Revenue Service and ‘‘(aa) for a tenured position (or tenure- with the department of revenue of each amendment intended to be proposed by track position) within an institution of high- State to which taxes are owed. er education (as such term is defined in sec- him to the bill S. 1348, to provide for ‘‘(ii) LIMITATION.—Provided further that an tion 101(a) of the Higher Education Act of comprehensive immigration reform alien required to pay taxes under this sub- 1965 (20 U.S.C. 1001(a)) to teach in the aca- and for other purposes; which was or- paragraph, or who otherwise satisfies the re- demic area; dered to lie on the table; as follows: quirements of clause (i), shall not be allowed ‘‘(bb) for a comparable position with an in- On page 148, strike lines 3 through 7, and to collect any tax refund for any taxable stitution of higher education to conduct re- insert the following: year prior to 2006, or to file any claim for the search in the area, or ‘‘(B) STATE IMPACT ASSISTANCE FEE.—An Earned Income Tax Credit, or any other tax ‘‘(cc) for a comparable position to conduct alien making an application for a Y–1 non- credit otherwise allowable under the tax research in the area with a department, divi- immigrant visa shall pay a State impact as- code, prior to such taxable year.’’. sion, or institute of a private employer, if sistance fee of $750 and an additional $100 fee the department, division, or institute em- for each dependent accompanying or fol- SA 1249. Ms. CANTWELL (for herself, ploys at least 3 individuals full-time in re- lowing to join the alien.’’. Mr. CORNYN, Mr. LEAHY, and Mr. search activities and has achieved docu- HATCH) submitted an amendment in- mented accomplishments in an academic SA 1246. Mr. CORNYN submitted an tended to be proposed by her to the bill field. amendment intended to be proposed by S. 1348, to provide for comprehensive ‘‘(iii) CERTAIN MULTINATIONAL EXECUTIVES him to the bill S. 1348, to provide for immigration reform and for other pur- AND MANAGERS.—An alien is described in this clause if the alien, in the 3 years preceding comprehensive immigration reform poses; which was ordered to lie on the the time of the alien’s application for classi- and for other purposes; which was or- table; as follows: fication and admission into the United dered to lie on the table; as follows: Strike lines 15 through 25 on page 265 and States under this paragraph, has been em- On page 288, strike lines 4 through 9, and insert the following: ployed for at least 1 year by a firm or cor- insert the following: ‘‘section 204(c). poration or other legal entity or an affiliate (C) STATE IMPACT ASSISTANCE FEE.—In addi- ‘‘(G) Notwithstanding any conflicting pro- or subsidiary thereof and the alien seeks to tion to any other amounts required to be visions of this paragraph, the requirements enter the United States in order to continue paid under this subsection, an alien making of this paragraph shall apply only to merit- to render services to the same employer or an initial application for Z–1 nonimmigrant based, self-sponsored immigrants and not to to a subsidiary or affiliate thereof in a ca- status shall be required to pay a State im- merit-based, employer-sponsored immigrants pacity that is managerial or executive. pact assistance fee equal to $750 and an addi- described in paragraph (5). ‘‘(B) ALIENS WHO ARE MEMBERS OF THE PRO- tional $100 fee for each dependent accom- ‘‘(H) Notwithstanding any conflicting pro- FESSIONS HOLDING ADVANCED DEGREES OR panying or following to join the alien. visions of this paragraph, any reference in ALIENS OF EXCEPTIONAL ABILITY.—

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‘‘(i) IN GENERAL.—Visas shall be made amended by inserting after subparagraph (G) Strike section 420(a). available, in a number not to exceed 33.3 per- the following: cent of the worldwide level specified in sec- ‘‘(H) Aliens who have earned a master’s or SA 1250. Mr. CORNYN submitted an tion 201(d)(5), plus any visas not required for higher degree from a United States institu- amendment intended to be proposed by the classes specified in subparagraph (A), to tion of higher education, as such term is de- him to the bill S. 1348, to provide for qualified immigrants who are members of fined in section 101(a) of the Higher Edu- comprehensive immigration reform the professions holding advanced degrees or cation Act of 1965 (20 U.S.C. 1001(a)). and for other purposes; which was or- their equivalent or who because of their ex- ‘‘(I) Aliens who have earned a master’s de- dered to lie on the table; as follows: ceptional ability in the sciences, arts, or gree or higher degree in science, technology, business, will substantially benefit prospec- engineering, or mathematics and have been In section 601(i)(2)(C) (relating to other tively the national economy, cultural or edu- working in a related field in the United documents)— cational interests, or welfare of the United States in a nonimmigrant status during the (1) strike clause (VI) (relating to sworn af- States, and whose services in the sciences, 3-year period preceding their application for fidavits); arts, professions, or business are sought by an immigrant visa under section 203(b). (2) in clause (V), strike the semicolon at an employer in the United States. ‘‘(J) Aliens who— the end and insert a period; and (3) in clause (IV), add ‘‘and’’ at the end. ‘‘(ii) DETERMINATION OF EXCEPTIONAL ABIL- ‘‘(i) have extraordinary ability in the Strike section 604 (relating to mandatory ITY.—In determining under clause (i) wheth- sciences, arts, education, business, or ath- disclosure of information) and insert the fol- er an immigrant has exceptional ability, the letics which has been demonstrated by sus- lowing: possession of a degree, diploma, certificate, tained national or international acclaim and whose achievements have been recognized in SEC. 604. MANDATORY DISCLOSURE OF INFOR- or similar award from a college, university, MATION. school, or other institution of learning or a the field through extensive documentation; (a) IN GENERAL.—Except as otherwise pro- license to practice or certification for a par- and vided in this section, no Federal agency or ticular profession or occupation shall not by ‘‘(ii) seek to enter the United States to bureau, or any officer or employee of such itself be considered sufficient evidence of continue work in the area of extraordinary agency or bureau, may— such exceptional ability. ability. (1) use the information furnished by the ‘‘(C) PROFESSIONALS.— ‘‘(K) Aliens who— applicant pursuant to an application filed ‘‘(i) Visas shall be made available, in a ‘‘(i) are recognized internationally as out- under section 601 and 602, for any purpose, number not to exceed 33.3 percent of the standing in a specific academic area; other than to make a determination on the worldwide level specified in section 201(d)(5), ‘‘(ii) have at least 3 years of experience in application; plus any visas not required for the classes teaching or research in the academic area; (2) make any publication through which specified in subparagraphs (A) and (B), to and the information furnished by any particular qualified immigrants who hold baccalaureate ‘‘(iii) who seek to enter the United States applicant can be identified; or degrees and who are members of the profes- for— (3) permit anyone other than the sworn of- sions and who are not described in subpara- ‘‘(I) a tenured position (or tenure-track po- ficers, employees or contractors of such graph (B). sition) within an institution of higher edu- agency, bureau, or approved entity, as ap- ‘‘(D) LABOR CERTIFICATION REQUIRED.—An cation to teach in the academic area; proved by the Secretary of Homeland Secu- immigrant visa may not be issued to an im- ‘‘(II) a comparable position with an insti- rity, to examine individual applications that migrant under subparagraph (B) or (C) until tution of higher education to conduct re- have been filed. there has been a determination made by the search in the area; or (b) REQUIRED DISCLOSURES.—The Secretary Secretary of Labor that— ‘‘(III) a comparable position to conduct re- of Homeland Security and the Secretary of ‘‘(i) there are not sufficient workers who search in the area with a department, divi- State shall provide the information fur- are able, willing, qualified and available at sion, or institute of a private employer, if nished pursuant to an application filed under the time such determination is made and at the department, division, or institute em- section 601 and 602, and any other informa- the place where the alien, or a substitute is ploys at least 3 persons full-time in research tion derived from such furnished informa- to perform such skilled or unskilled labor; activities and has achieved documented ac- tion, to— and complishments in an academic field. (1) a law enforcement entity, intelligence ‘‘(ii) the employment of such alien will not ‘‘(L) Aliens who— agency, national security agency, component adversely affect the wages and working con- ‘‘(i) in the 3-year period preceding their ap- of the Department of Homeland Security, ditions of workers in the United States simi- plication for an immigrant visa under sec- court, or grand jury in connection with a larly employed. tion 203(b), have been employed for at least 1 criminal investigation or prosecution or a An employer may not substitute another year by a firm or corporation or other legal national security investigation or prosecu- qualified alien for the beneficiary of such de- entity or an affiliate or subsidiary thereof; tion, in each instance about an individual termination unless an application to do so is and suspect or group of suspects, when such in- made to and approved by the Secretary of ‘‘(ii) who seek to enter the United States formation is requested by such entity; Homeland Security.’’. in order to continue to render services to the (2) a law enforcement entity, intelligence (c) WORLDWIDE LEVEL OF MERIT-BASED EM- same employer or to a subsidiary or affiliate agency, national security agency, or compo- PLOYER-SPONSORED IMMIGRANTS.—Section thereof in a capacity that is managerial or nent of the Department of Homeland Secu- 201(d) of the Immigration and Nationality executive. rity in connection with a duly authorized in- Act (8 U.S.C. 1151(d)), as amended by section ‘‘(M) The immediate relatives of an alien vestigation of a civil violation, in each in- 501(b), is further amended by adding at the who is admitted as a merit-based employer- stance about an individual suspect or group end the following: sponsored immigrant under subsection of suspects, when such information is re- ‘‘(5) WORLDWIDE LEVEL FOR MERIT-BASED 203(b)(2).’’. quested by such entity; or EMPLOYER-SPONSORED IMMIGRANTS.— Strike section 418(c)(1). (3) an official coroner for purposes of af- ‘‘(A) IN GENERAL.—The worldwide level of Strike section 419(a) and insert the fol- firmatively identifying a deceased indi- merit-based employer-sponsored immigrants lowing: vidual, whether or not the death of such in- under this paragraph for a fiscal year is (a) ENSURING ACCESS TO SKILLED WORKERS dividual resulted from a crime. equal to— IN SPECIALTY OCCUPATIONS.— (c) INAPPLICABILITY AFTER DENIAL.—The ‘‘(i) 140,000, plus (1) IN GENERAL.—Section 214(g)(6) (as re- limitations under subsection (a)— ‘‘(ii) the number computed under subpara- numbered by section 409) (8 U.S.C. 21184(g)(6)) (1) shall apply only until an application graph (B). is amended— filed under section 601 and 602 is denied and ‘‘(B) ADDITIONAL NUMBER.— (A) in subparagraph (B), by striking ‘‘or’’ all opportunities for administrative appeal ‘‘(i) FISCAL YEAR 2007.—The number com- after the semicolon; of the denial have been exhausted; and puted under this subparagraph for fiscal year (B) in subparagraph (C), by striking ‘‘, (2) shall not apply to the use of the infor- 2007 is zero. until the number of aliens who are exempted mation furnished pursuant to such applica- ‘‘(ii) FISCAL YEAR 2008.—The number com- from such numerical limitation during such tion in any removal proceeding or other puted under this subparagraph for fiscal year year exceeds 20,000.’’ and inserting ‘‘; or’’; criminal or civil case or action relating to 2008 is the difference (if any) between the and an alien whose application has been granted worldwide level established under subpara- (C) by adding at the end the following: that is based upon any violation of law com- graph (A) for the previous fiscal year and the ‘‘(D) has earned a master’s or higher degree mitted or discovered after such grant. number of visas issued under section 203(b)(2) in science, technology, engineering, or math- (d) CRIMINAL CONVICTIONS.—Notwith- during that fiscal year.’’. ematics from an institution of higher edu- standing any other provision of this section, In section 501, insert after subsection (b) cation outside of the United States.’’. information concerning whether the appli- the following: (2) APPLICABILITY.—The amendments made cant has at any time been convicted of a (c) PROVIDING EXEMPTIONS FROM MERIT- by paragraph (1) shall apply to any petition crime may be used or released for immigra- BASED LEVELS FOR VERY HIGHLY SKILLED IM- or visa application pending on the date of en- tion enforcement and law enforcement pur- MIGRANTS.—Section 201(b)(1) of the Immigra- actment of this Act and any petition or visa poses. tion and Nationality Act (as amended by sec- application filed on or after such date. (e) AUDITING AND EVALUATION OF INFORMA- tion 503(a)) (8 U.S.C. 1151(b)(1)) is further Strike section 419(b). TION.—The Secretary may audit and evaluate

VerDate Aug 31 2005 09:31 May 25, 2007 Jkt 059060 PO 00000 Frm 00343 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.294 S24MYPT1 bajohnson on PRODPC74 with SENATE S6920 CONGRESSIONAL RECORD — SENATE May 24, 2007 information furnished as part of any applica- (2) ensure that cards are only issued to— management agencies for the 2007 wild- tion filed under sections 601 and 602, any ap- (A) individuals providing the identification fire season and to consider recent re- plication to extend such status under section required under paragraph (1); or ports on the agencies’ efforts to con- 601(k), or any application to adjust status to (B) individuals under 18 years of age who tain the costs of wildfire management that of an alien lawfully admitted for perma- are accompanied by an individual described nent residence under section 602, for pur- in subparagraph (A). activities. poses of identifying fraud or fraud schemes, (d) LIMITATION.—The Peace Garden Pass Because of the limited time available and may use any evidence detected by means shall not grant entry into Canada. for the hearing, witnesses may testify of audits and evaluations for purposes of in- (e) DURATION.—Each Peace Garden Pass by invitation only. However, those vestigating, prosecuting or referring for shall be valid for a period not to exceed 14 wishing to submit written testimony prosecution, denying, or terminating immi- days. The actual period of validity shall be for the hearing record should send it to gration benefits. determined by the issuer depending on the the Committee on Energy and Natural (f) USE OF INFORMATION IN PETITIONS AND individual circumstances of the applicant Resources, United States Senate, APPLICATIONS SUBSEQUENT TO ADJUSTMENT and shall be clearly indicated on the pass. Washington, DC 20510–6150, or by e-mail OF STATUS.—If the Secretary has adjusted an (f) COST.—The Secretary may not charge a _ alien’s status to that of an alien lawfully ad- fee for the issuance of a Peace Garden Pass. to rachel [email protected] mitted for permanent residence pursuant to .gov. section 602, then at any time thereafter the SA 1252. Mrs. FEINSTEIN submitted For further information, please con- Secretary may use the information furnished an amendment intended to be proposed tact Scott Miller at 202–224–5488 or Ra- by the alien in the application for adjust- by her to the bill S. 1348, to provide for chel Pasternack at (202) 224–0883. ment of status or in the applications for sta- comprehensive immigration reform COMMITTEE ON ENERGY AND NATURAL tus pursuant to sections 601 or 602 to make a and for other purposes; which was or- RESOURCES determination on any petition or applica- dered to lie on the table; as follows: Mr. BINGAMAN. Mr. President, I tion. would like to announce for the infor- (g) CRIMINAL PENALTY.—Whoever know- At the end of section 601, add the fol- ingly uses, publishes, or permits information lowing: mation of the Senate and the public to be examined in violation of this section (s) PERJURY AND FALSE STATEMENTS.—Any that an oversight hearing has been shall be fined not more than $10,000. person who willfully submits any materially scheduled before the Committee on En- (h) CONSTRUCTION.—Nothing in this section false, fictitious, or fraudulent statement or ergy and Natural Resources. shall be construed to limit the use, or re- representation (including any document, at- The hearing will be held on Thurs- lease, for immigration enforcement purposes testation, or sworn affidavit for that person day, June 7, 2007, at 9:30 a.m. in room of information contained in files or records or another person) relating to an application SD–366 of the Dirksen Senate Office of the Secretary or Attorney General per- for any benefit under the immigration laws Building. taining to an applications filed under sec- (including for Z nonimmigrant status) will The purpose of this hearing is to re- tions 601 or 602, other than information fur- be subject to prosecution for perjury under ceive testimony on Alternate Energy- nished by an applicant pursuant to the appli- section 1621 of title 18, United States Code, cation, or any other information derived or for making such a statement or represen- Related Uses on the Outer Continental from the application, that is not available tation under section 1001 of that title. Shelf: Opportunities, Issues and Imple- from any other source. mentation of Section 388 of the Energy (i) REFERENCES.—References in this section SA 1253. Mr. SESSIONS submitted an Policy Act of 2005. to section 601 or 602 are references to sec- amendment intended to be proposed by Because of the limited time available tions 601 and 602 of this Act and the amend- him to the bill S. 1348, to provide for for the hearing, witnesses may testify ments made by those sections. comprehensive immigration reform by invitation only. However, those wishing to submit written testimony SA 1251. Mr. CONRAD submitted an and for other purposes; which was or- amendment intended to be proposed by dered to lie on the table; as follows: for the hearing record should send it to the Committee on Energy and Natural him to the bill S. 1348, to provide for On page 281, line 20, strike ‘‘January 1, Resources, United States Senate, comprehensive immigration reform 2007’’ and insert ‘‘May 1, 2005’’. Washington, DC 20510–6150, or by e-mail and for other purposes; which was or- On page 281, line 24, strike ‘‘January 1, 2007’’ and insert ‘‘May 1, 2005’’. to [email protected]. dered to lie on the table; as follows: For further information, please con- At the appropriate place, insert the fol- SA 1254. Mr. SESSIONS submitted an tact Patty Beneke at 202–224–5451 or lowing: amendment intended to be proposed by Gina Weinstock at (202) 224–5684. SEC. lll. PEACE GARDEN PASS. him to the bill S. 1348, to provide for SUBCOMMITTEE ON WATER AND POWER (a) AUTHORIZATION.—Notwithstanding sec- tion 7209(b) of the Intelligence Reform and comprehensive immigration reform Mr. BINGAMAN. Mr. President, I Terrorism Prevention Act of 2004 (Public and for other purposes; which was or- would like to announce for the infor- Law 108–458), the Secretary, in consultation dered to lie on the table; as follows: mation of the Senate and the public with the Director of the Bureau of Citizen- Strike section 602 and insert the following: that a hearing has been scheduled be- ship and Immigration Services, shall develop SEC. 602. ADJUSTMENT SHALL BE UNAVAILABLE fore the Subcommittee on Water and a travel document (referred to in this section FOR Z STATUS ALIENS. Power of the Committee on Energy and as the ‘‘Peace Garden Pass’’) to allow citi- Notwithstanding any other provision of Natural Resources. zens and nationals of the United States de- this Act (or an amendment made by this The hearing will be held on June 6, scribed in subsection (b) to travel to the Act)— 2007, at 2:30 p.m. in room 366 of the International Peace Garden on the borders of (1) a Z nonimmigrant shall not be adjusted the State of North Dakota and Manitoba, to the status of a lawful permanent resident; Dirksen Senate Office Building in Canada (and to be readmitted into the and Washington, DC. United States), without the use of a pass- (2) nothing in this section shall be con- The purpose of the hearing is to re- port, passport card, or other similar alter- strued to limit the number of times that a Z ceive testimony on the impacts of cli- native to a passport. nonimmigrant can renew their status. mate change on water supply and (b) ADMITTANCE.—The Peace Garden Pass f availability in the United States, and shall be issued to, and shall authorize the ad- related issues from a water use per- mittance into the International Peace Gar- NOTICES OF HEARINGS spective. den and readmittance into the United States COMMITTEE ON ENERGY AND NATURAL Because of the limited time available of, any citizen or national of the United RESOURCES States who enters the International Peace for the hearing, witnesses may testify Garden from the United States and exits the Mr. BINGAMAN. Mr. President, I by invitation only. However, those International Peace Garden into the United would like to announce for the infor- wishing to submit written testimony States without having been granted entry mation of the Senate and the public for the hearing record should send it to into Canada. that an oversight hearing has been the Committee on Energy and Natural (c) IDENTIFICATION.—The Secretary of scheduled before the Committee on En- Resources, United States Senate, State, in consultation with the Secretary, ergy and Natural Resources. Washington, DC 20510–6150, or by e-mail shall— The hearing will be held on Tuesday, _ (1) determine what form of identification to Gina [email protected] (other than a passport, passport card, or June 5, 2007, at 10 a.m. in room SD–366 .gov. similar alternative to a passport) will be re- of the Dirksen Senate Office Building. For further information, please con- quired to be presented by individuals apply- The purpose of the hearing is to con- tact Michael Connor at (202) 224–5479 or ing for the Peace Garden Pass; and sider the preparedness of Federal land Gina Weinstock at (202) 224–5684.

VerDate Aug 31 2005 10:50 May 25, 2007 Jkt 059060 PO 00000 Frm 00344 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.294 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6921 AUTHORITY FOR COMMITTEES TO COMMITTEE ON FINANCE dated May 24, 2007, Treaty Document MEET Mr. KENNEDY. Mr. President, I ask 109–20 be star printed to include the ex- AD HOC SUBCOMMITTEE ON DISASTER RECOVERY unanimous consent that the Com- change of diplomatic notes referred to Mr. KENNEDY. Mr. President, I ask mittee on Finance be authorized to in that request. unanimous consent that the Ad Hoc meet during the session of the Senate The PRESIDING OFFICER. Without Subcommittee on Disaster Recovery of on Thursday, May 24, 2007, at 2 p.m., in objection, it is so ordered. the Committee on Homeland Security 215 Dirksen Senate Office Building, to f hear testimony on ‘‘Energy Efficiency: and Governmental Affairs be author- DESIGNATING THE WEEK OF MAY ized to meet on Thursday, May 24, 2007, Can Tax Incentives Reduce Consump- tion?’’ 20, 2007, AS ‘‘NATIONAL HURRI- at 3 p.m. for a hearing entitled ‘‘The CANE PREPAREDNESS WEEK’’ Road Home? An Examination of the The PRESIDING OFFICER. Without Goals, Costs, Management, and Impedi- objection, it is so ordered. Mr. DURBIN. Mr. President, I ask ments Facing Louisiana’s Road Home COMMITTEE ON FOREIGN RELATIONS unanimous consent that the Senate Program.’’ Mr. KENNEDY. Mr. President, I ask proceed to the consideration of S. Res. The PRESIDING OFFICER. Without unanimous consent that the Com- 217, which was submitted earlier today. objection, it is so ordered. mittee on Foreign Relations be author- The PRESIDING OFFICER. The COMMITTEE ON ARMED SERVICES ized to meet during the session of the clerk will report the resolution by Mr. KENNEDY. Mr. President, I ask Senate on Thursday, May 24, 2007, at title. unanimous consent that the Com- 11:30 a.m. to hold a business meeting. The legislative clerk read as follows: mittee on Armed Services be author- The PRESIDING OFFICER. Without A resolution (S. Res. 217) designating the ized to meet during the session of the objection, it is so ordered. week of May 20, 2007, as ‘‘National Hurricane Preparedness Week.’’ Senate on Thursday, May 24, 2007 at COMMITTEE ON THE JUDICIARY 9:30 a.m. in closed session to mark up Mr. KENNEDY. Mr. President, I ask There being no objection, the Senate the National Defense Authorization unanimous consent that the Com- proceeded to consider the resolution. Act for fiscal year 2008. mittee on the Judiciary be authorized Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without to meet to conduct a markup on Thurs- unanimous consent that the resolution objection, it is so ordered. day, May 24, 2007, at 10:00 a.m. in Dirk- be agreed to, the preamble be agreed COMMITTEE ON COMMERCE, SCIENCE, AND sen Room 226. to, and the motion to reconsider be laid upon the table. TRANSPORTATION AGENDA Mr. KENNEDY. Mr. President, I ask The PRESIDING OFFICER. Without unanimous consent that the Com- I. Committee Authorization objection, it is so ordered. mittee on Commerce, Science, and Authorization of Subpoenas in Con- The resolution (S. Res. 217) was Transportation be authorized to hold a nection with Investigation into Re- agreed to. hearing during the session of the Sen- placement of U.S. Attorneys. The preamble was agreed to. ate on Thursday, May 24, 2007, at 10 The resolution, with its preamble, a.m., in room 253 of the Russell Senate II. Bills reads as follows: Office Building. The hearing is on the S. 1327, A bill to create and extend S. RES. 217 nomination of Mr. Michael E. Baroody certain temporary district court judge- Whereas the President has proclaimed that to be Commissioner and Chairman of ships (Leahy, Brownback, Feinstein). the week beginning May 20, 2007, shall be the Consumer Product Safety Commis- S. 185, Habeas Corpus Restoration known as ‘‘National Hurricane Preparedness sion, and for Charles Darwin Snelling Act of 2007 (Specter, Leahy, Feinstein, Week’’, and has called on government agen- Feingold, Whitehouse). cies, private organizations, schools, and to be a Member of the Board of Direc- media to share information about hurricane tors at the Metropolitan Washington The PRESIDING OFFICER. Without preparedness; Airports Authority. objection, it is so ordered. Whereas, as hurricane season approaches, The PRESIDING OFFICER. Without SELECT COMMITTEE ON INTELLIGENCE National Hurricane Preparedness Week pro- objection, it is so ordered. Mr. KENNEDY. Mr. President, I ask vides an opportunity to raise awareness of COMMITTEE ON ENERGY AND NATURAL unanimous consent that the Select steps that can be taken to help protect citi- RESOURCES Committee on Intelligence be author- zens, their communities, and property; Mr. KENNEDY. Mr. President, I ask Whereas the official Atlantic hurricane ized to meet during the session of the season occurs in the period beginning June 1, unanimous consent that the Com- Senate on May 24, 2007 at 3:30 p.m. to 2007, and ending November 30, 2007; mittee on Energy and Natural Re- hold a closed hearing. Whereas hurricanes are among the most sources be authorized to hold a hearing The PRESIDING OFFICER. Without powerful forces of nature, causing destruc- during the session of the Senate on objection, it is so ordered. tive winds, tornadoes, floods, and storm surges that can result in numerous fatalities Thursday, May 24, 2007, at 9:30 a.m. in SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- and cost billions of dollars in damage; room SD–366 of the Dirksen Senate Of- AGEMENT, GOVERNMENT INFORMATION, FED- Whereas, in 2005, a record-setting Atlantic fice Building. The hearing will address ERAL SERVICE, AND INTERNATIONAL SECURITY opportunities and challenges associ- hurricane season caused 28 storms, including Mr. KENNEDY. Mr. President, I ask 15 hurricanes, of which 7 were major hurri- ated with coal gasification, including unanimous consent that the Com- canes, including Hurricanes Katrina, Rita, coal-to-liquids and industrial gasifi- mittee on Homeland Security and and and Wilma; cation. Governmental Affairs’ Subcommittee Whereas the National Oceanic and Atmos- The PRESIDING OFFICER. Without on Federal Financial Management, pheric Administration reports that over 50 objection, it is so ordered. Government Information, Federal percent of the population of the United COMMITTEE ON ENVIRONMENT AND PUBLIC Services, and International Security be States lives in coastal counties that are vul- WORKS authorized to meet on Thursday, May nerable to the dangers of hurricanes; Mr. KENNEDY. Mr. President, I ask Whereas, because the impact from hurri- 24, 2007 at l0 a.m. for a hearing entitled, canes extends well beyond coastal areas, it is unanimous consent that the Com- ‘‘Federal Real Property: Real Waste in vital for individuals in hurricane prone areas mittee on Environment and Public Need of Real Reform’’ to prepare in advance of the hurricane sea- Works be authorized to meet during The PRESIDING OFFICER. Without son; the session of the Senate on Thursday, objection, it is so ordered. Whereas cooperation between individuals and Federal, State, and local officials can May 24, 2007 at 10:30 a.m. in room 406 of f the Dirksen Senate Office Building to help increase preparedness, save lives, reduce conduct a hearing entitled ‘‘The Issue STAR PRINT—TREATY DOCUMENT the impact of each hurricane, and provide a of the Potential Impacts of Global 109–20 more effective response to those storms; Whereas the National Hurricane Center Warming on Recreation and the Recre- Mr. DURBIN. Mr. President, I ask within the National Oceanic and Atmos- ation Industry.’’ unanimous consent that pursuant to pheric Administration of the Department of The PRESIDING OFFICER. Without the request of the State Department, Commerce recommends that each at-risk objection, it is so ordered. Executive Communication 110–2046, family of the United States develop a family

VerDate Aug 31 2005 10:50 May 25, 2007 Jkt 059060 PO 00000 Frm 00345 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.296 S24MYPT1 bajohnson on PRODPC74 with SENATE S6922 CONGRESSIONAL RECORD — SENATE May 24, 2007 disaster plan, create a disaster supply kit, There being no objection, the Senate The PRESIDING OFFICER. The secure their home, and stay aware of current proceeded to consider the resolution. clerk will report the bill by title. weather situations to improve preparedness Mr. DURBIN. Mr. President, I ask The legislative clerk read as follows: and help save lives; and unanimous consent that the resolution Whereas the designation of the week begin- A bill (H.R. 1675) to suspend the require- ning May 20, 2007, as ‘‘National Hurricane be agreed to the preamble be agreed, ments of the Department of Housing and Preparedness Week’’ will help raise the and the motion to reconsider be laid Urban Development regarding electronic fil- awareness of the individuals of the United upon the table. ing of previous participation certificates and States to assist them in preparing for the up- The PRESIDING OFFICER. Without regarding filing of such certificates with re- coming hurricane season: Now, therefore, be objection, it is so ordered. spect to certain low-income housing inves- tors. it The resolution (S. Res. 219) was Resolved, That the Senate— agreed to. There being no objection, the Senate (1) supports the goals of the President in The preamble was agreed to. proceeded to consider the bill. proclaiming the week beginning May 20, 2007, Mr. DURBIN. Mr. President, I ask as ‘‘National Hurricane Preparedness Week’’; The resolution, with its preamble reads as follows: unanimous consent that the bill be (2) encourages the people of the United read a third time and passed, the mo- States— S. RES. 219 (A) to be prepared for the upcoming hurri- tion to reconsider be laid upon the Whereas Congress authorized the creation table, with no intervening action or de- cane season; and of Lake Sidney Lanier and the Buford Dam (B) to promote awareness of the dangers of in 1946 for flood control, power production, bate, and that any statements relating hurricanes to help save lives and protect wildlife preservation, and downstream navi- to the bill be printed in the RECORD. communities; and gation; The PRESIDING OFFICER. Without (3) recognizes— Whereas construction on the Buford Dam objection, it is so ordered. (A) the threats posed by hurricanes; and project by the Army Corps of Engineers The bill (H.R. 1675) was ordered to a (B) the need for the individuals of the began in 1951; third reading, was read the third time, United States to learn more about prepared- Whereas the Army Corps of Engineers con- and passed. ness so that they may minimize the impacts structed the dam and lake on the Chattahoo- of, and provide a more effective response to, chee and Chestatee Rivers at a cost of ap- f hurricanes. proximately $45,000,000; NATIVE AMERICAN HOME OWNER- f Whereas, in 1956, Jack Beachem and the SHIP OPPORTUNITY ACT OF 2007 Army Corps of Engineers signed a lease to AUTHORIZING THE PRINTING OF A create Holiday on Lake Sidney Lanier Ma- Mr. DURBIN. Mr. President, I ask COLLECTION OF RULES OF COM- rina as the lake’s first concessionaire; unanimous consent that the Senate MITTEES OF THE SENATE Whereas the first power produced through proceed to the immediate consider- Mr. DURBIN. Mr. President, I ask Buford Dam at Lake Sidney Lanier was pro- ation of Calendar No. 152, H.R. 1676. unanimous consent that the Senate duced on June 16, 1957; The PRESIDING OFFICER. The proceed to the immediate consider- Whereas Holiday on Lake Sidney Lanier opened on July 4, 1957; clerk will report the bill by title. ation of S. Res. 218, which was sub- Whereas Buford Dam was officially dedi- The legislative clerk read as follows: mitted earlier today. cated on October 9, 1957; A bill (H.R. 1676) to reauthorize the pro- The PRESIDING OFFICER. The Whereas nearly 225,000 people visited Lake gram of the Secretary of Housing and Urban clerk will report the resolution by Sidney Lanier to boat, fish, and recreate in Development for loan guarantees for Indian title. 1957; housing. The legislative clerk read as follows: Whereas today more than 8,000,000 visitors There being no objection, the Senate A resolution (S. Res. 218) authorizing the each year enjoy the attributes and assets of proceeded to consider the bill. Lake Sidney Lanier to boat, fish, swim, printing of a collection of the rules of the Mr. DURBIN. Mr. President, I ask committees of the Senate. camp, and otherwise recreate in the great outdoors; unanimous consent that the bill be There being no objection, the Senate Whereas Lake Sidney Lanier generates read a third time and passed, the mo- proceeded to consider the resolution. more than $5,000,000,000 in revenues annually, tion to reconsider be laid upon the Mr. DURBIN. Mr. President, I ask according to a study commissioned by the table, with no intervening action or de- unanimous consent that the resolution Marine Trade Association of Metropolitan bate, and that any statements relating be agreed to, the motion to reconsider Atlanta; to the bill be printed in the RECORD. laid upon the table, and that any state- Whereas Lake Sidney Lanier has won the The PRESIDING OFFICER. Without ments relating thereto be printed in prestigious Chief of Engineers Annual Project of the Year Award, the highest rec- objection, it is so ordered. the RECORD. ognition from the Army Corps of Engineers The bill (H.R. 1676) was ordered to a The PRESIDING OFFICER. Without for outstanding management, an unprece- third reading, was read the third time, objection, it is so ordered. dented 3 times in 12 years (in 1990, 1997, and and passed. The resolution (S. Res. 218) was 2002); f agreed to, as follows: Whereas Lake Sidney Lanier hosted the AUTHORIZING THE EDWARD S. RES. 218 paddling and rowing events for the Summer Games of the XXVI Olympiad held in At- BYRNE MEMORIAL JUSTICE AS- Resolved, That a collection of the rules of lanta, Georgia, in 1996; the committees of the Senate, together with SISTANCE GRANT PROGRAM Whereas marinas serve as the gateway to related materials, be printed as a Senate recreation for the public on America’s water- Mr. DURBIN. Mr. President, I ask document, and that there be printed 250 addi- ways; unanimous consent that the Senate tional copies of such document for the use of Whereas Lake Sidney Lanier will join the now proceed to the immediate consid- the Committee on Rules and Administration. Nation on Saturday, August 11, in celebra- eration of Calendar No. 170, S. 231. f tion and commemoration of National Marina The PRESIDING OFFICER. The OFFICIAL 50TH ANNIVERSARY Day; and clerk will report the title of the bill. CELEBRATION Whereas 2007 marks the 50th anniversary of The legislative clerk read as follows: Lake Sidney Lanier: Now, therefore, be it Mr. DURBIN. Mr. President, I ask Resolved, That the Senate recognizes the The bill (S. 231) to authorize the Edward unanimous consent that the Senate 50th anniversary celebration of the begin- Byrne Memorial Justice Assistance Grant nings of marinas, power production, recre- Program at fiscal year 2006 levels through proceed to the consideration of S. Res. 2012. 219, submitted earlier today. ation, and boating on Lake Sidney Lanier, The PRESIDING OFFICER. The Georgia. There being no objection, the Senate clerk will report the resolution by f proceeded to consider the bill. Mr. DURBIN. Mr. President, I ask title. PRESERVATION APPROVAL PROC- The legislative clerk read as follows: unanimous consent the bill be read a ESS IMPROVEMENT ACT OF 2007 third time and passed, the motion to A resolution (S. Res. 219) recognizing the year 2007 as the official 50th anniversary Mr. DURBIN. Mr. President, I ask reconsider be laid upon the table with celebration of the beginnings of marinas, unanimous consent that the Senate no intervening action or debate, and power production, recreation, and boating on proceed to the immediate consider- that any statements relating to the Lake Sidney Lanier, Georgia. ation of Calendar No. 151, H.R. 1675. bill be printed in the RECORD.

VerDate Aug 31 2005 09:31 May 25, 2007 Jkt 059060 PO 00000 Frm 00346 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.079 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6923 The PRESIDING OFFICER. Without Whereas that convention establishes that HONORING 50TH ANNIVERSARY OF objection, it is so ordered. ‘‘the right of expression may not be re- STAN HYWET HALL AND GARDENS The bill (S. 231) was ordered to be en- stricted by indirect methods or means, such as the abuse of government or private con- Mr. DURBIN. Mr. President, I ask grossed for a third reading, was read unanimous consent that the Judiciary the third time, and passed, as follows: trols over newsprint, radio broadcasting fre- quencies, or equipment used in the dissemi- Committee be discharged from further S. 231 nation of information, or by any other consideration, and the Senate now pro- Be it enacted by the Senate and House of Rep- means tending to impede the communication ceed to consideration of S. Con. Res. 32. resentatives of the United States of America in and circulation of ideas and opinions’’; The PRESIDING OFFICER. Without Congress assembled, Whereas the Inter-American Declaration of objection, it is so ordered. The clerk SECTION 1. AUTHORIZATION OF GRANTS. Principles on Freedom of Expression, ap- will report the concurrent resolution Section 508 of title I of the Omnibus Crime proved by the Inter-American Commission by title. Control and Safe Streets Act of 1968 (42 on Human Rights, states in Principle 13, The legislative clerk read as follows: U.S.C. 3758) is amended by striking ‘‘for fis- ‘‘The exercise of power and the use of public A concurrent resolution (S. Con. Res. 32) cal year 2006’’ through the period and insert- funds by the state, the granting of customs honoring the 50th anniversary of Stan Hywet ing ‘‘for each of the fiscal years 2006 through duty privileges, the arbitrary and discrimi- Hall & Gardens. 2012.’’. natory placement of official advertising and There being no objection, the Senate f government loans; the concession of radio proceeded to consider the concurrent and television broadcast frequencies, among EXPRESSING PROFOUND CONCERN others, with the intent to put pressure on resolution. REGARDING TRANSGRESSION and punish or reward and provide privileges Mr. DURBIN. Mr. President, I ask AGAINST FREEDOM OF THOUGHT to social communicators and communica- unanimous consent that the concur- AND EXPRESSION IN VENEZUELA tions media because of the opinions they ex- rent resolution be agreed to, the pre- Mr. DURBIN. Mr. President, I ask press threaten freedom of expression, and amble be agreed to, and the motion to unanimous consent that the Senate must be explicitly prohibited by law. The reconsider be laid upon the table. now proceed to the immediate consid- means of communication have the right to The PRESIDING OFFICER. Without eration of Calendar No. 178, S. Res. 211. carry out their role in an independent man- objection, it is so ordered. ner. Direct or indirect pressures exerted The concurrent resolution (S. Con. The PRESIDING OFFICER. The upon journalists or other social communica- Res. 32) was agreed to. clerk will report the resolution by tors to stifle the dissemination of informa- The preamble was agreed to. title. tion are incompatible with freedom of ex- The concurrent resolution, with its The legislative clerk read as follows: pression.’’; preamble, reads as follows: A resolution (S. Res. 211) expressing the Whereas, according to the principles of the S. CON. RES. 32 profound concern of the Senate regarding the American Convention on Human Rights and Whereas Stan Hywet Hall was built be- transgression against freedom of thought the Inter-American Declaration of Principles tween 1912 and 1915 by Franklin ‘‘F.A.’’ Au- and expression that is being carried out in on Freedom of Expression, to both of which gustus Seiberling and his wife, Gertrude; Venezuela, and for other purposes. Venezuela is a party, the decision not to Whereas Franklin Seiberling hired archi- There being no objection, the Senate renew the concession of the television sta- tect Charles S. Schneider of Cleveland to de- proceeded to consider the resolution. tion RCTV is an assault against freedom of sign the home, landscape architect Warren Mr. DURBIN. Mr. President, I ask thought and expression and cannot be ac- H. Manning of Boston to design the grounds, unanimous consent that the resolution cepted by democratic countries, especially and Hugo F. Huber of New York City to deco- be agreed to, the preamble be agreed by those in North America who are signato- rate the interior; to, the motions to reconsider be laid ries to the American Convention on Human Whereas Stan Hywet Hall is one of the fin- upon the table en bloc, and that any Rights; est examples of Tudor Revival architecture Whereas the most paradoxical aspect of the statements relating to the resolution in the United States; decision by President Chavez is that it Whereas Alcoholics Anonymous, an organi- be printed in the RECORD. strongly conflicts with two principles from zation that continues to help millions of in- The PRESIDING OFFICER. Without the Liberator Simo´ n Bolı´var’s thinking, dividuals worldwide recover from alcohol ad- objection, it is so ordered. principles President Chavez says inspire him, diction, was founded on Mother’s Day 1935 The resolution (S. Res. 211) was which state that ‘‘[p]ublic opinion is the following a meeting between Mr. Bill Wilson agreed to. most sacred of objects, it needs the protec- and Dr. Bob Smith and hosted by Henrietta The preamble was agreed to. tion of an enlightened government which Seiberling at Stan Hywet Hall; The resolution, with its preamble, knows that opinion is the fountain of the Whereas, in 1957, in keeping with the Stan reads as follows: most important of events,’’ and that ‘‘[t]he Hywet Hall crest motto of ‘‘Non Nobis Solum (Not for Us Alone)’’, the Seiberling family right to express one’s thoughts and opinions, S. RES. 211 donated Stan Hywet Hall to a nonprofit or- by word, by writing or by any other means, Whereas, for several months, the President ganization, which came to be known as Stan is the first and most worthy asset mankind of Venezuela, Hugo Cha´ vez, has been an- Hywet Hall & Gardens, so that the public nouncing over various media that he will not has in society. The law itself will never be could enjoy and experience part of a note- renew the current concession of the tele- able to prohibit it.’’; and worthy chapter in the history of the United vision station ‘‘Radio Caracas Televisio´ n’’, Whereas the United States should raise its States; also known as RCTV, which is set to expire concerns about these and other serious re- Whereas Stan Hywet Hall & Gardens is on May 27, 2007, because of its adherence to strictions on freedoms of thought and ex- identified as a National Historic Landmark an editorial stance different from his way of pression being imposed by the Government by the Department of the Interior, the only thinking; of Venezuela before the Organization of location in Akron, Ohio, with such a designa- Whereas President Chavez justifies this American States: Now, therefore, be it tion and one of only 2,200 nationwide; measure based on the alleged role RCTV Resolved, That the Senate— Whereas Stan Hywet Hall & Gardens is one played in the unsuccessful unconstitutional (1) expresses its profound concern about of Ohio’s top 10 tourist attractions, is a Save attempts in April 2002 to unseat President America’s Treasures project, and is accred- the transgression against freedom of thought Chavez, under circumstances where there ex- ited by the American Association of Muse- and expression that is being attempted and ists no filed complaint or judicial sentence ums; committed in Venezuela by the refusal of the that would sustain such a charge, nor any Whereas more than 5,000,000 people from legal sanction against RCTV that would pre- President of Venezuela, Hugo Chavez, to around the world have visited Stan Hywet vent the renewal of its concession, as pro- renew the concession of the television sta- Hall & Gardens, with the number of visitors vided for under Venezuelan law; tion ‘‘Radio Caracas Televisio´ n’’ (RCTV) annually averaging between 150,000 and Whereas the refusal to renew the conces- merely because of its adherence to an edi- 200,000 since 1999; sion of any television or radio broadcasting torial and informational stance distinct Whereas Stan Hywet Hall & Gardens con- station that complies with legal regulations from the thinking of the Government of Ven- tributes over $12,000,000 annually to the in the matter of telecommunications con- ezuela; and greater Akron economy; stitutes a transgression against the freedom (2) strongly encourages the Organization of Whereas Stan Hywet Hall & Gardens is a of thought and expression, which is prohib- American States to respond appropriately, recipient of the Trustee Emeritus Award for ited by Article 13 of the American Conven- with full consideration of the necessary in- Excellence in the Stewardship of Historic tion on Human Rights, signed at San Jose, stitutional instruments, to such trans- Sites from the National Trust for Historic Costa Rica, July 18, 1978, which has been gression. Preservation, only the fourth recipient of signed by the United States; the Award after George Washington’s Mount

VerDate Aug 31 2005 09:31 May 25, 2007 Jkt 059060 PO 00000 Frm 00347 Fmt 0624 Sfmt 0634 E:\CR\FM\G24MY6.150 S24MYPT1 bajohnson on PRODPC74 with SENATE S6924 CONGRESSIONAL RECORD — SENATE May 24, 2007 Vernon, Thomas Jefferson’s Monticello, and (1) by redesignating subsection (d) as sub- mediate consideration of H. Con. Res. Washington, D.C.’s Octagon House; and section (f); and 158, the adjournment resolution. Whereas Stan Hywet Hall & Gardens relies (2) by inserting after subsection (c) the fol- The PRESIDING OFFICER. The on more than 1,300 volunteers to ensure that lowing: clerk will report the concurrent resolu- its doors remain open to the public, includ- ‘‘(d) ADJUSTMENT OF STATUS.—Notwith- tion by title. standing paragraphs (2), (7) and (8) of section ing the Women’s Auxiliary Board, the The legislative clerk read as follows: Friends of Stan Hywet, the Stan Hywet 245(c) of the Immigration and Nationality Act (8 Gilde, the Stan Hywet Needlework Guild, the U.S.C. 1255(c)), the Secretary of Homeland Secu- A concurrent resolution (H. Con. Res. 158) Stan Hywet Flower Arrangers, the Stan rity may adjust the status of an alien to that of providing for conditional adjournment of the Hywet Garden Committee, the Carriage a lawful permanent resident under section House of Representatives and a conditional House Gift Shop, the Conservatory, Vintage 245(a) of such Act if the alien— recess or adjournment of the Senate. Base Ball, Vintage Explorers, the Akron Gar- ‘‘(1) was paroled or admitted as a non- There being no objection, the Senate den Club, and the Garden Forum of Greater immigrant into the United States; and proceeded to consider the concurrent Akron: Now, therefore, be it ‘‘(2) is otherwise eligible for special immigrant resolution. Resolved by the Senate (the House of Rep- status under this section and under the Immi- Mr. DURBIN. I ask unanimous con- resentatives concurring), That Congress— gration and Nationality Act. sent that the current resolution be (1) congratulates Stan Hywet Hall & Gar- ‘‘(e) NATURALIZATION.— agreed to and the motion to reconsider dens on its 50th anniversary; ‘‘(1) IN GENERAL.—An absence from the United States described in paragraph (2) shall not be be laid on the table. (2) honors Stan Hywet Hall & Gardens for The PRESIDING OFFICER. Without its commitment to sharing its history, gar- considered to break any period for which con- dens, and art collections with the public; and tinuous residence in the United States is re- objection it is so ordered. (3) directs the Secretary of the Senate to quired for naturalization under title III of the The concurrent resolution (H. Con. transmit a copy of this resolution to Stan Immigration and Nationality Act (8 U.S.C. 1401 Res. 158) was considered and agreed to, Hywet Hall & Gardens. et seq.). as follows: ‘‘(2) ABSENCE DESCRIBED.—An absence de- H. CON. RES. 158 f scribed in this paragraph is an absence from the Resolved by the House of Representatives (the TO INCREASE THE NUMBER OF United States due to a person’s employment by Senate concurring), That when the House ad- IRAQI AND AFGHANI TRANS- the Chief of Mission or United States Armed journs on the legislative day of Thursday, Forces, under contract with the Chief of Mission LATORS AND INTERPRETERS May 24, 2007, Friday, May 25, 2007, or Satur- or United States Armed Forces, or by a firm or day, May 26, 2007, on a motion offered pursu- WHO MAY BE ADMITTED TO THE corporation under contract with the Chief of UNITED STATES AS SPECIAL IM- ant to this concurrent resolution by its Ma- Mission or United States Armed Forces, if— jority Leader or his designee, it stand ad- MIGRANTS ‘‘(A) such employment involved working with journed until 2 p.m. on Tuesday, June 5, 2007, Mr. DURBIN. Mr. President, I ask the the Chief of Mission or United States Armed or until the time of any reassembly pursuant Forces as a translator or interpreter; and to section 2 of this concurrent resolution, Chair lay before the Senate a message ‘‘(B) the person spent at least a portion of the from the House of Representatives on whichever occurs first; and that when the time outside of the United States working di- Senate recesses or adjourns on Friday, May the bill (S. 1104) to increase the number rectly with the Chief of Mission or United States 25, 2007, Saturday, May 26, 2007, or on any of Iraqi and Afghani translators and in- Armed Forces as a translator or interpreter in day from Monday, May 28, 2007, through Sat- terpreters who may be admitted to the Iraq or Afghanistan.’’. urday, June 2, 2007, on a motion offered pur- United States as special immigrants. Amend the title so as to read ‘‘An Act to suant to this concurrent resolution by its The PRESIDING OFFICER laid be- increase the number of Iraqi and Afghani Majority Leader or his designee, it stand re- fore the Senate the following message translators and interpreters who may be ad- cessed or adjourned until noon on Monday, from the House of Representatives: mitted to the United States as special immi- June 4, 2007, or such other time on that day Strike out all after the enacting clause and grants, and for other purposes.’’. as may be specified by its Majority Leader or his designee in the motion to recess or ad- insert: Mr. DURBIN. I ask unanimous con- sented that the Senate concur in the journ, or until the time of any reassembly SECTION 1. SPECIAL IMMIGRANT STATUS FOR pursuant to section 2 of this concurrent reso- CERTAIN ALIENS SERVING AS House amendments, the motions to re- lution, whichever occurs first. TRANSLATORS OR INTERPRETERS consider be laid on the table, and any WITH FEDERAL AGENCIES. SEC. 2. The Speaker of the House and the statements be printed in the RECORD. Majority Leader of the Senate, or their re- (a) INCREASE IN NUMBERS ADMITTED.—Section The PRESIDING OFFICER. Without spective designees, acting jointly after con- 1059 of the National Defense Authorization Act sultation with the Minority Leader of the for Fiscal Year 2006 (8 U.S.C. 1101 note) is objection, it is so ordered. House and the Minority Leader of the Sen- amended— f ate, shall notify the Members of the House (1) in subsection (b)(1)— MEASURE READ THE FIRST and the Senate, respectively, to reassemble (A) in subparagraph (B), by striking ‘‘as a TIME—S.J. RES. 14 at such place and time as they may des- translator’’ and inserting ‘‘, or under Chief of ignate if, in their opinion, the public interest Mission authority, as a translator or inter- Mr. DURBIN. Mr. President, I under- shall warrant it. preter’’; stand that S.J. Res. 14, introduced ear- f (B) in subparagraph (C), by inserting ‘‘the lier today, is at the desk. I ask for its Chief of Mission or’’ after ‘‘recommendation first reading. ORDERS FOR FRIDAY, MAY 25, 2007 from’’; and (C) in subparagraph (D), by inserting ‘‘the The PRESIDING OFFICER. The Mr. DURBIN. Mr. President, I ask Chief of Mission or’’ after ‘‘as determined by’’; clerk will read the joint resolution by unanimous consent that when the Sen- and title for the first time. ate completes its business today, it (2) in subsection (c)(1), by striking ‘‘section The legislative clerk read as follows: stand adjourned until 9:30 a.m., Friday, during any fiscal year shall not exceed 50.’’ and A joint resolution (S.J. Res. 14) expressing May 25; that on Friday, following the inserting the following: ‘‘section— the sense of the Senate that Attorney Gen- prayer and pledge, the Journal of pro- ‘‘(A) during each of the fiscal years 2007 and eral Alberto Gonzales no longer holds the ceedings be approved to date, the 2008, shall not exceed 500; and confidence of the Senate and of the Amer- morning hour be deemed expired, and ‘‘(B) during any other fiscal year shall not ex- ican people. ceed 50.’’. the time for the two leaders reserved Mr. DURBIN. Mr. President, I now (b) ALIENS EXEMPT FROM EMPLOYMENT-BASED for their use later in the day; that the NUMERICAL LIMITATIONS.—Section 1059(c)(2) of ask for its second reading, and I object Senate then resume consideration of S. such Act is amended— to my own request. 1348, the immigration bill. (1) by amending the paragraph designation The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Without and heading to read as follows: tion having been heard, the joint reso- objection, it is so ordered. ‘‘(2) ALIENS EXEMPT FROM EMPLOYMENT- lution will receive its second reading f BASED NUMERICAL LIMITATIONS.—’’; and on the next legislative day. (2) by inserting ‘‘and shall not be counted PROGRAM f against the numerical limitations under sections Mr. DURBIN. Mr. President, on be- 201(d), 202(a), and 203(b)(4) of the Immigration CONDITIONAL ADJOURNMENT OF half of the majority leader, I would and Nationality Act (8 U.S.C. 1151(d), 1152(a), THE SENATE AND THE HOUSE like to announce that there will be no and 1153(b)(4))’’ before the period at the end. OF REPRESENTATIVES (c) ADJUSTMENT OF STATUS; NATURALIZA- rollcall votes on Friday. The next roll- TION.—Section 1059 of such Act is further Mr. DURBIN. I ask unanimous con- call vote will occur Tuesday, June 5, amended— sent that the Senate proceed to the im- prior to the caucus recess period.

VerDate Aug 31 2005 09:31 May 25, 2007 Jkt 059060 PO 00000 Frm 00348 Fmt 0624 Sfmt 0634 E:\CR\FM\A24MY6.089 S24MYPT1 bajohnson on PRODPC74 with SENATE May 24, 2007 CONGRESSIONAL RECORD — SENATE S6925 ADJOURNMENT UNTIL 9:30 A.M. ING JANUARY 20, 2011, VICE JOSEPH MAX CLELAND, TERM OF WEST VIRGINIA, VICE W. CRAIG BROADWATER, DE- EXPIRED. CEASED. TOMORROW AMUL R. THAPAR, OF KENTUCKY, TO BE UNITED UNITED STATES AGENCY FOR INTERNATIONAL STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT Mr. DURBIN. Mr. President, if there DEVELOPMENT OF KENTUCKY, VICE JOSEPH M. HOOD, RETIRING. is no further business, I ask unanimous HENRIETTA HOLSMAN FORE, OF NEVADA, TO BE AD- GOVERNMENT PRINTING OFFICE consent that the Senate stand ad- MINISTRATOR OF THE UNITED STATES AGENCY FOR journed under the previous order. INTERNATIONAL DEVELOPMENT, VICE RANDALL L. ROBERT CHARLES TAPELLA, OF VIRGINIA, TO BE PUB- TOBIAS, RESIGNED. LIC PRINTER, VICE BRUCE R. JAMES, RETIRED. There being no objection, the Senate, DEPARTMENT OF STATE at 9:43 p.m., adjourned until Friday, NATIONAL OCEANIC AND ATMOSPHERIC MICHAEL W. MICHALAK, OF MICHIGAN, A CAREER MEM- ADMINISTRATION May 25, 2007, at 9:30 a.m. BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- f ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES FOLLOWING FOR TEMPORARY APPOINTMENT TO THE NOMINATIONS OF AMERICA TO THE SOCIALIST REPUBLIC OF VIETNAM. GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- DEPARTMENT OF HEALTH AND HUMAN SERVICES MOSPHERIC ADMINISTRATION. Executive nominations received by JAMES W. HOLSINGER, JR., OF KENTUCKY, TO BE MED- To be rear admiral the Senate May 24, 2007: ICAL DIRECTOR IN THE REGULAR CORPS OF THE PUBLIC JONATHAN W. BAILEY DEPARTMENT OF DEFENSE HEALTH SERVICE, SUBJECT TO QUALIFICATIONS THERE- FOR AS PROVIDED BY LAW AND REGULATIONS, AND TO SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE BE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE PRESTON M. GEREN, OF TEXAS, TO BE SECRETARY OF FOLLOWING FOR TEMPORARY APPOINTMENT TO THE FOR A TERM OF FOUR YEARS, VICE RICHARD H. THE ARMY, VICE FRANCIS J. HARVEY, RESIGNED. GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- CARMONA, TERM EXPIRED. EXPORT-IMPORT BANK OF THE UNITED STATES MOSPHERIC ADMINISTRATION. THE JUDICIARY DIANE G. FARRELL, OF CONNECTICUT, TO BE A MEM- To be rear admiral BER OF THE BOARD OF DIRECTORS OF THE EXPORT-IM- WILLIAM J. POWELL, OF WEST VIRGINIA, TO BE UNITED PORT BANK OF THE UNITED STATES FOR A TERM EXPIR- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT PHILIP M. KENUL

VerDate Aug 31 2005 09:31 May 25, 2007 Jkt 059060 PO 00000 Frm 00349 Fmt 0624 Sfmt 9801 E:\CR\FM\G24MY6.154 S24MYPT1 bajohnson on PRODPC74 with SENATE Thursday, May 24, 2007 Daily Digest

HIGHLIGHTS Senate completed action on U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act. Senate Chamber Action Measures Passed: Calling on the Government of Iran: Senate Routine Proceedings, pages S6577–S6925 agreed to S. Res. 214, calling upon the Government Measures Introduced: Sixty bills and seven resolu- of the Islamic Republic of Iran to immediately re- tions were introduced, as follows: S. 40, 1471–1529, lease Dr. Haleh Esfandiari. Pages S6597–98 S.J. Res. 14, and S. Res. 214–219. Pages S6844–46 National Hurricane Preparedness Week: Senate Measures Reported: agreed to S. Res. 217, designating the week begin- Special Report entitled ‘‘Allocations to Sub- ning May 20, 2007, as ‘‘National Hurricane Pre- committee of Budget Totals’’. (S. Rept. No. 110–74) paredness Week’’. Pages S6921–22 S. 924, to strengthen the United States Coast Printing Authorization: Senate agreed to S. Res. Guard’s Integrated Deepwater Program, with an 218, to authorize the printing of a collection of the amendment in the nature of a substitute. (S. Rept. rules of the committees of the Senate. Page S6922 No. 110–72) Lake Sidney Lanier, Georgia: Senate agreed to S. S. 368, to amend the Omnibus Crime Control and Res. 219, recognizing the year 2007 as the official Safe Streets Act of 1968 to enhance the COPS ON 50th anniversary celebration of the beginnings of THE BEAT grant program. (S. Rept. No. 110–73) marinas, power production, recreation, and boating H.R. 740, to amend title 18, United States Code, on Lake Sidney Lanier, Georgia. Page S6922 to prevent caller ID spoofing, with an amendment in Preservation Approval Process Improvement Act: the nature of a substitute. Senate passed H.R. 1675, to suspend the require- H. Con. Res. 76, honoring the 50th anniversary ments of the Department of Housing and Urban De- of the International Geophysical Year (IGY) and its velopment regarding electronic filing of previous past contributions to space research, and looking for- participation certificates and regarding filing of such ward to future accomplishments. certificates with respect to certain low-income hous- S. Res. 110, expressing the sense of the Senate re- ing investors, clearing the measure for the President. garding the 30th anniversary of ASEAN United Page S6922 States dialogue and relationship. Native American Home Ownership Opportunity S. Res. 211, expressing the profound concerns of Act: Senate passed H.R. 1676, to reauthorize the the Senate regarding the transgression against free- program of the Secretary of Housing and Urban De- dom of thought and expression that is being carried velopment for loan guarantees for Indian housing, out in Venezuela. clearing the measure for the President. Page S6922 S. 1327, to create and extend certain temporary district court judgeships. Edward Byrne Memorial Justice Assistance Grant Program Authorization: S. Con. Res. 25, condemning the recent violent Senate passed S. 231, to authorize the Edward Byrne Memorial Jus- actions of the Government of Zimbabwe against tice Assistance Grant Program at fiscal year 2006 peaceful opposition party activists and members of levels through 2012. Pages S6922–23 civil society. Pages S6842–43 Transgression Against Freedom of Thought and Expression: Senate agreed to S. Res. 211, expressing D743

VerDate Aug 31 2005 10:42 May 25, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D24MY7.REC D24MYPT1 hmoore on PRODPC68 with HMDIGEST D744 CONGRESSIONAL RECORD — DAILY DIGEST May 24, 2007 the profound concern of the Senate regarding the By 29 yeas to 66 nays (Vote No. 180), Vitter/ transgression against freedom of thought and expres- DeMint Amendment No. 1157 (to Amendment No. sion that is being carried out in Venezuela. 1150), to strike title VI (related to Nonimmigrants Page S6923 in the United States Previously in Unlawful Status). Stan Hywet Hall & Gardens Anniversary: Pages S6605–07, S6609, S6619–20, S6624–25 Committee on the Judiciary was discharged from Pending: further consideration of S. Con. Res. 32, honoring Reid (for Kennedy/Specter) Amendment No. the 50th anniversary of Stan Hywet Hall & Gardens, 1150, in the nature of a substitute. Page S6583 and the resolution was then agreed to. Pages S6923–24 Grassley/DeMint Amendment No. 1166 (to Amendment No. 1150), to clarify that the revoca- Attorney General Alberto Gonzales: Senate tion of an alien’s visa or other documentation is not agreed to S.J. Res. 14, expressing the sense of the subject to judicial review. Page S6583 Senate that Attorney General Alberto Gonzales no Cornyn Modified Amendment No. 1184 (to longer holds the confidence of the Senate and of the Amendment No. 1150), to establish a permanent bar American people. Page S6924 for gang members, terrorists, and other criminals. Adjournment Resolution: Senate agreed to H. Pages S6583, S6585–86, S6612–18 Con. Res. 158, providing for a conditional adjourn- Dodd/Menendez Amendment No. 1199 (to ment of the House of Representatives and a condi- Amendment No. 1150), to increase the number of tional recess or adjournment of the Senate. green cards for parents of United States citizens, to Page S6924 extend the duration of the new parent visitor visa, Measures Considered: and to make penalties imposed on individuals who overstay such visas applicable only to such individ- Comprehensive Immigration Reform: Senate con- uals. Pages S6596–97 tinued consideration of S. 1348, to provide for com- Menendez Amendment No. 1194 (to Amendment prehensive immigration reform, and taking action on No. 1150), to modify the deadline for the family the following amendments proposed thereto: backlog reduction. Pages S6598–S6601 Pages S6583–97, S6598–S6687 McConnell Amendment No. 1170 (to Amend- Adopted: ment No. 1150), to amend the Help America Vote Specter (for McCain) Modified Amendment No. Act of 2002 to require individuals voting in person 1190 (to Amendment No. 1150), to require undocu- to present photo identification. Pages S6604–05 mented immigrants receiving legal status to pay Feingold Amendment No. 1176 (to Amendment owed back taxes. Pages S6586–87, S6592–94 No. 1150), to establish commissions to review the By 87 yeas to 9 nays (Vote No. 176), Akaka facts and circumstances surrounding injustices suf- Modified Amendment No. 1186 (to Amendment fered by European Americans, European Latin Amer- No. 1150), to exempt children of certain Filipino icans, and Jewish refugees during World War II. World War II veterans from the numerical limita- Pages S6607–09 tions on immigrant visas. Pages S6583, S6594–95, S6601 Durbin/Grassley Amendment No. 1231 (to By 59 yeas to 35 nays (Vote No. 179), Sanders Amendment No. 1150), to ensure that employers Modified Amendment No. 1223 (to Amendment make efforts to recruit American workers. No. 1150), to establish the American Competitive- Pages S6618–19 ness Scholarship Program. Sessions Amendment No. 1234 (to Amendment Pages S6609–12, S6618, S6623 No. 1150), to save American taxpayers up to $24 Rejected: billion in the 10 years after passage of this Act, by By 48 yeas to 49 nays (Vote No. 177), Coleman/ preventing the earned income tax credit, which is, Bond Amendment No. 1158 (to Amendment No. according to the Congressional Research Service, the 1150), to amend the Illegal Immigration Reform largest anti-poverty entitlement program of the Fed- and Immigrant Responsibility Act of 1996 to facili- eral Government, from being claimed by Y tem- tate information sharing between federal and local porary workers or illegal aliens given status by this law enforcement officials related to an individual’s Act until they adjust to legal permanent resident immigration status. Pages S6583–85, S6594, S6595–96 status. Page S6620 By 48 yeas to 49 nays (Vote No. 178), Dorgan/ Sessions Amendment No. 1235 (to Amendment Boxer Amendment No. 1181 (to Amendment No. No. 1150), to save American taxpayers up to $24 1150), to sunset the Y–1 nonimmigrant visa pro- billion in the 10 years after passage of this Act, by gram after a 5-year period. preventing the earned income tax credit, which is, Pages S6587–92, S6593, S6601–04 according to the Congressional Research Service, the

VerDate Aug 31 2005 10:42 May 25, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D24MY7.REC D24MYPT1 hmoore on PRODPC68 with HMDIGEST May 24, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D745 largest anti-poverty entitlement program of the Fed- Michael W. Michalak, of Michigan, to be Ambas- eral Government, from being claimed by Y tem- sador to the Socialist Republic of Vietnam. porary workers or illegal aliens given status by this James W. Holsinger, Jr., of Kentucky, to be Med- Act until they adjust to legal permanent resident ical Director in the Regular Corps of the Public status. Pages S6620–22 Health Service, subject to qualifications therefor as Lieberman Amendment No. 1191 (to Amendment provided by law and regulations, and to be Surgeon No. 1150), to provide safeguards against faulty asy- General of the Public Health Service for a term of lum procedures and to improve conditions of deten- four years. tion. Pages S6623–24 William J. Powell, of West Virginia, to be During consideration of this measure today, Senate United States District Judge for the Northern Dis- also took the following action: trict of West Virginia. Graham (for Hutchison) Amendment No. 1168 Amul R. Thapar, of Kentucky, to be United (to Amendment No. 1150), to provide local officials States District Judge for the Eastern District of Ken- and the Secretary of Homeland Security greater in- tucky. volvement in decisions regarding the location of bor- Robert Charles Tapella, of Virginia, to be Public der fencing, previously agreed to on Wednesday, Printer. May 23, 2007, was modified by unanimous consent. 2 National Oceanic and Atmospheric Administra- Page S6925 Page S6592 tion nominations in the rank of admiral. Subsequent to its adoption, a unanimous-consent Messages from the House: Pages S6840–41 agreement was reached providing that Akaka Measures Referred: Page S6841 Amendment No. 1186 (to Amendment No. 1150) Measures Placed on the Calendar: (listed above) be modified. Pages S6583, S6601 Text of Amendment No. 1150 is printed on pages Measures Read the First Time: Page S6841 S6625–87. Executive Communications: Pages S6841–42 A unanimous-consent agreement was reached Petitions and Memorials: Page S6842 proving for further consideration of the bill at 9:30 a.m., on Friday, May 25, 2007. Page S6924 Executive Reports of Committees: Page S6843 U.S. Troop Readiness, Veterans’ Care, Katrina Additional Cosponsors: Pages S6846–49 Recovery, and Iraq Accountability Appropria- Statements on Introduced Bills/Resolutions: tions Act: By 80 yeas to 14 nays (Vote No. 181), Pages S6849–99 Senate concurred in the amendment of the House to Additional Statements: Pages S6835–40 the amendment of the Senate to H.R. 2206, making emergency supplemental appropriations and addi- Amendments Submitted: Pages S6899–S6920 tional supplemental appropriations for agricultural Notices of Hearings/Meetings: Page S6920 and other emergency assistance for the fiscal year Authorities for Committees to Meet: Page S6921 ending September 30, 2007, clearing the measure for the President. Pages S6795–S6823 Record Votes: Six record votes were taken today. (Total—181) Pages S6595, S6596, S6604, S6623, S6624–25, Iraqi and Afghani Translators and Interpreters S6823 Act: Senate concurred in the amendments of the Adjournment: Senate convened at 9:30 a.m., and House to S. 1104, to increase the number of Iraqi adjourned at 9:43 p.m., until 9:30 a.m. on Friday, and Afghani translators and interpreters who may be May 25, 2007. (For Senate’s program, see the re- admitted to the United States as special immigrants, marks of the Acting Majority Leader in today’s clearing the measure for the President. Page S6924 Record on page S6924.) Nominations Received: Senate received the fol- lowing nominations: Preston M. Geren, of Texas, to be Secretary of the Committee Meetings Army. Diane G. Farrell, of Connecticut, to be a Member (Committees not listed did not meet) of the Board of Directors of the Export Import Bank of the United States for a term expiring January 20, AUTHORIZATION—NATIONAL DEFENSE 2011. Committee on Armed Services: Committee ordered favor- Henrietta Holsman Fore, of Nevada, to be Ad- ably reported the following bills: ministrator of the United States Agency for Inter- An original bill entitled ‘‘National Defense Au- national Development. thorization Act for Fiscal Year 2008’’;

VerDate Aug 31 2005 10:42 May 25, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D24MY7.REC D24MYPT1 hmoore on PRODPC68 with HMDIGEST D746 CONGRESSIONAL RECORD — DAILY DIGEST May 24, 2007 An original bill entitled ‘‘Department of Defense testimony from Kateri Callahan, Alliance to Save En- Authorization Act for Fiscal Year 2008’’; ergy, Dan Delurey, Demand Response and Advanced An original bill entitled ‘‘Military Construction Metering Coalition, and Chris Edwards, Cato Insti- Authorization Act for Fiscal Year 2008’’; and tute, all of Washington, D.C.; Stuart Thorn, An original bill entitled ‘‘Department of Energy Southwire Company, Carrolton, Georgia, on behalf of National Security Act for Fiscal Year 2008’’. the National Electrical Manufacturers Association; Also, committee received a report from the Select Sean Casten, Recycled Energy Development, Committee on Intelligence on the proposed Intel- Westmont, Illinois; and Douglas Smith, NanoPore ligence Authorization Act for Fiscal Year 2008. Incorporated, Albuquerque, New Mexico. NOMINATION BUSINESS MEETING Committee on Commerce, Science, and Transportation: Committee on Foreign Relations: Committee ordered fa- Committee concluded a hearing to examine the vorably reported the following business items: nomination of Charles Darwin Snelling, of Pennsyl- S. Con. Res. 25, condemning the recent violent vania, to be a Member of the Board of Directors of actions of the Government of Zimbabwe against the Metropolitan Washington Airports Authority, peaceful opposition party activists and members of after the nominee, who was introduced by Senator civil society; Specter, testified and answered questions in his own S. Res. 110, expressing the sense of the Senate re- behalf. garding the 30th anniversary of ASEAN-United States dialogue and relationship; COAL GASIFICATION S. Res. 211, expressing the profound concerns of Committee on Energy and Natural Resources: Committee the Senate regarding the transgression against free- concluded an oversight hearing to examine opportu- dom of thought and expression that is being carried nities and challenges associated with coal gasifi- out in Venezuela; and cation, including coal-to-liquids and industrial gas- The nominations of Phillip Carter, III, of Vir- ification, after receiving testimony from Antonia ginia, to be Ambassador to the Republic of Guinea, Herzog, Natural Resources Defense Council, Wash- R. Niels Marquardt, of California, to be Ambassador ington, D.C.; William Fulkerson, University of Ten- to the Republic of Madagascar, and to serve concur- nessee Institute for a Secure and Sustainable Environ- rently and without additional compensation as Am- ment, Knoxville; James T. Bartis, RAND Corpora- bassador to the Union of Comoros, Janet E. Garvey, tion, Arlington, Virginia; David L. Denton, Eastman of Massachusetts, to be Ambassador to the Republic Gasification Services Company, Kingsport, Ten- of Cameroon, Dell L. Dailey, of South Dakota, to be nessee; and Jay A. Ratafia-Brown, Science Applica- Coordinator for Counterterrorism, with the rank and tions International Corporation, McLean, Virginia. status of Ambassador at Large, Mark P. Lagon, of Virginia, to be Director of the Office to Monitor and POTENTIAL IMPACTS OF GLOBAL Combat Trafficking, with the rank of Ambassador at WARMING Large, James K. Glassman, of Connecticut, to be a Committee on Environment and Public Works: Com- Member of the Broadcasting Board of Governors, mittee concluded a hearing to examine potential im- Cameron R. Hume, of New York, to be Ambassador pacts of global warming on recreation and the recre- of Indonesia, James R. Keith, of Virginia, to be Am- ation industry, after receiving testimony from Daniel bassador to Malaysia, Miriam K. Hughes, of Florida, Scott, University of Waterloo Department of Geog- to be Ambassador to the Federated States of Micro- raphy, Ontario, Canada; Tom Campion, Zumiez, nesia, Ravic Rolf Huso, of Hawaii, to be Ambassador Inc., Seattle, Washington; Michael Berry, National to the Lao People’s Democratic Republic, and Hans Ski Areas Association, Lakewood, Colorado; Bryant G. Klemm, of Michigan, to be Ambassador to the M. Watson, Vermont Association of Snow Travelers, Democratic Republic of Timor-Leste, and promotion Inc., Barre Vermont; Betty Huskins, Southeast Tour- lists in the Foreign Service. ism Policy Council, Fletcher, North Carolina; Der- FEDERAL REAL PROPERTY rick A. Crandall, American Recreation Coalition (ARC), and Barry W. McCahill, SUV Owners of Committee on Homeland Security and Governmental Af- America, both of Washington, D.C. fairs: Subcommittee on Federal Financial Manage- ment, Government Information, Federal Services, ENERGY EFFICIENCY TAX INCENTIVES and International Security concluded a hearing to ex- Committee on Finance: Subcommittee on Energy, Nat- amine federal real property, focusing on the property ural Resources, and Infrastructure concluded a hear- management problems highlighted in a recent Gov- ing to examine energy efficiency, focusing on tax in- ernment Accountability Office report, after receiving centives for reducing consumption, after receiving testimony from Clay Johnson, III, Deputy Director

VerDate Aug 31 2005 10:42 May 25, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D24MY7.REC D24MYPT1 hmoore on PRODPC68 with HMDIGEST May 24, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D747 for Management, Office of Management and Budget; on behalf of the Louisiana Road Home Program; Mark L. Goldstein, Director, Physical Infrastructure, Connie Uddo, St. Paul’s Homecoming Center/Beacon Government Accountability Office; Boyd K. Ruther- of Hope Resource Center, Lakeview, Louisiana; and ford, Assistant Secretary of Agriculture for Adminis- Debbie DeGruy-Gordon, Chimney Wood Home- tration; David L. Winstead, Commissioner, Public owners Association, Frank Silvestri, Citizens’ Road Buildings Service, General Services Administration; Home Action Team, Frank A. Trapani, New Orleans Phillip W. Grone, Deputy Under Secretary of De- Metropolitan Association of Realtors, and Walter fense (Installations and Environment); and Robert J. Thomas, all of New Orleans, Louisiana. Henke, Assistant Secretary of Veterans Affairs for Management. BUSINESS MEETING Committee on the Judiciary: Committee ordered favor- LOUISIANA’S ROAD HOME PROGRAM ably reported the following items: Committee on Homeland Security and Governmental Af- S. 1327, to create and extend certain temporary fairs: Ad Hoc Subcommittee on Disaster Recovery district court judgeships; concluded a hearing to examine issues relative to H. Con. Res. 76, honoring the 50th anniversary residents of Louisiana affected by Hurricane Katrina of the International Geophysical Year and its past or Rita, focusing on the goals, costs, management contributions to space research, and looking forward and impediments facing Louisiana’s Road Home Pro- to future accomplishments; and gram, after receiving testimony from Donald E. The nominations of Janet T. Neff and Paul Lewis Powell, Federal Coordinator for Gulf Coast Rebuild- Maloney, each to be a United States District Judge ing, and David I. Maurstad, Assistant Administrator, for the Western District of Michigan, and Liam Mitigation, Federal Emergency Management Agency, O’Grady, to be United States District Judge for the both of the Department of Homeland Security; Nel- Eastern District of Virginia. son R. Bregon, Assistant Deputy Secretary of Hous- ing and Urban Development for Disaster Policy and INTELLIGENCE Response; Andrew D. Kopplin, Louisiana Recovery Select Committee on Intelligence: Committee held closed Authority, and Susan Elkins, Louisiana Office of hearings on intelligence matters, receiving testimony Community Development, both of Baton Rouge; Isa- from officials of the intelligence community. bel Reiff, ICF International, Inc., Fairfax, Virginia, Committee recessed subject to the call.

VerDate Aug 31 2005 10:42 May 25, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D24MY7.REC D24MYPT1 hmoore on PRODPC68 with HMDIGEST D748 CONGRESSIONAL RECORD — DAILY DIGEST May 24, 2007 House of Representatives Honest Leadership and Open Government Act Chamber Action of 2007: The House passed H.R. 2316, to provide Public Bills and Resolutions Introduced: 87 pub- more rigorous requirements with respect to disclo- lic bills, H.R. 2470–2556; and 19 resolutions, H.J. sure and enforcement of lobbying laws and regula- Res. 44; H. Con. Res. 158–163; and H. Res. tions, by a recorded vote of 396 ayes to 22 noes with 439–450 were introduced. (See next issue.) 1 voting ‘‘present’’, Roll No. 423. (See next issue.) Additional Cosponsors: (See next issue.) Agreed to the Chabot motion to recommit the bill to the Committee on the Judiciary with instruc- Report Filed: A report was filed today as follows: tions to report the same back to the House forthwith H.R. 964, to protect users of the Internet from with amendments, by a recorded vote of 346 ayes to unknowing transmission of their personally identifi- 71 noes with 2 voting ‘‘present’’, Roll No. 422. Sub- able information through spyware programs, with an sequently, Representative Conyers reported the bill amendment (H. Rept. 110–169). (See next issue.) back to the House with the amendment and the Speaker: Read a letter from the Speaker wherein she amendment was agreed to. (See next issue.) appointed Representative Lynch to act as Speaker Pursuant to the rule, the amendment in the na- Pro Tempore for today. Page H5727 ture of a substitute recommended by the Committee Committee Election: The House agreed to H. Res. on the Judiciary now printed in the bill shall be 441, electing Representative Brady (PA) as Chair- considered as the original bill for the purpose of man of the Committee on House Administration. amendment. (See next issue.) Page H5749 Agreed to: Conyers manager’s amendment (No. 1 printed in Lobbying Transparency Act of 2007: The House part B of H. Rept. 110–167) that makes technical passed H.R. 2317, to amend the Lobbying Disclo- corrections to the text of the bill and permits Mem- sure Act of 1995 to require registered lobbyists to bers to omit personally identifiable information not file quarterly reports on contributions bundled for required to be disclosed on the reports posted on the certain recipients, by a yea-and-nay vote of 382 yeas Internet by the Clerk; (See next issue.) to 37 nays, Roll No. 420. Dreier amendment (No. 2 printed in part B of H. Pages H5749–55, (continued next issue.) Rept. 110–167) that adds language passed by the Agreed to the Smith (TX) motion to recommit House as part of H.R. 4975 in the 109th Congress the bill to the Committee on the Judiciary with in- amending the post-employment restrictions con- structions to report the same back to the House tained in section 207(e) of title 18, United States forthwith with an amendment, by a yea-and-nay vote Code; (See next issue.) of 228 yeas to 192 nays, Roll No. 419. Subse- Castle amendment (No. 4 printed in part B of H. quently, Representative Conyers reported the bill Rept. 110–167) that states it is the sense of Con- back to the House with the amendment and the gress that the use of a family relationship by a lob- amendment was agreed to. Pages H5753–55 byist who is an immediate family member of a Pursuant to the rule, the amendment in the na- Member of Congress to gain special advantages over ture of a substitute recommended by the Committee other lobbyists is inappropriate; and (See next issue.) on the Judiciary now printed in the bill, modified Cardoza amendment (No. 5 printed in part B of by the amendment printed in part A of H. Rept. H. Rept. 110–167) that gives judges the discretion 110–167, shall be considered as adopted. Page H5749 to increase the sentence for public officials convicted H. Res. 437, the rule providing for consideration of bribery, fraud, extortion or theft of public funds of H.R. 2317 and H.R. 2316, was agreed to by a greater than $10,000. (See next issue.) yea-and-nay vote of 224 yeas to 197 nays, Roll No. Rejected: 416, after agreeing to order the previous question by Conyers amendment (No. 3 printed in part B of a yea-and-nay vote of 224 yeas to 195 nays, Roll H. Rept. 110–167) that sought to place a one-year No. 415. Pages H5738–47 ban on flag and general officers of the Armed Serv- Adjournment Resolution: The House agreed by ices from receiving compensation from any company unanimous consent to H. Con. Res. 158, providing that does greater than $50 million in business with for a conditional adjournment of the House of Rep- the Department of Defense (by a recorded vote of resentatives and a conditional recess or adjournment 152 yeas to 271 noes, with 1 voting ‘‘present’’, Roll of the Senate. (See next issue.) No. 421). (See next issue.)

VerDate Aug 31 2005 10:42 May 25, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D24MY7.REC D24MYPT1 hmoore on PRODPC68 with HMDIGEST May 24, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D749 Agreed that the Clerk be authorized to make Quorum Calls—Votes: Seven yea-and-nay votes and technical and conforming changes to reflect the ac- four recorded votes developed during the proceedings tions of the House. (See next issue.) of today and appear on pages . There H. Res. 437, the rule providing for consideration were no quorum calls. of H.R. 2317 and H.R. 2316, was agreed to by a Adjournment: The House met at 10 a.m. and at yea-and-nay vote of 224 yeas to 197 nays, Roll No. 8:16 p.m., the House stands adjourned until 9:30 416, after agreeing to order the previous question by a.m. on Monday, May 28, 2007 unless it sooner has a yea-and-nay vote of 224 yeas to 195 nays, Roll received a message from the Senate transmitting its No. 415. Pages H5738–47 adoption of H. Con. Res. 158, in which case the U.S. Troop Readiness, Veterans’ Care, Katrina House shall stand adjourned pursuant to that con- Recovery, and Iraq Accountability Appropria- current resolution until 2 p.m. on Tuesday, June 5, tions Act, 2007: Concurred in the Senate amend- 2007. ment with an amendment to H.R. 2206, making emergency supplemental appropriations and addi- tional supplemental appropriations for agricultural Committee Meetings and other emergency assistance for the fiscal year FARM BILL EXTENSION ACT OF 2007 ending September 30, 2007. The House amendment was divided into two separate questions and voted Committee on Agriculture: Subcommittee on Livestock, on accordingly as House amendment No. 1 and Dairy, and Poultry approved for full Committee ac- House amendment No. 2, to the Senate amendment. tion, as amended, H.R. 2419, Farm Bill Extension (See next issue.) Act of 2007. Agreed to House amendment No. 1 (printed in IRAQI POLICE TRAINING H. Rept. 110–168) to the Senate amendment, by a yea-and-nay vote of 348 yeas to 73 nays, Roll No. Committee on Armed Services: Subcommittee on Over- 424. (See next issue.) sight and Investigations held a hearing on training Agreed to House amendment No. 2 (printed in and development of the Iraqi police service. Testi- H. Rept. 110–168) to the Senate amendment, by a mony was heard from the following officials of the recorded vote of 280 ayes to 142 noes, Roll No. Department of Defense: COL Richard Swengros, USA, Assistant Commandant, U.S. Army Military 425. (See next issue.) H. Res. 438, the rule providing for consideration Police School; COL Robert J. Coates, USMC, Assist- ant Chief of Staff, Training and Experimentation of the Senate amendment to the bill (H.R. 2206), Group, First Marine Expeditionary; and LTC Robert was agreed to by a yea-and-nay vote of 218 yeas to E. McCarthy, USMC, Executive Officer, Fifth Marine 201 nays, Roll No. 418, after agreeing to order the Regiment. previous question by a yea-and-nay vote of 221 yeas to 199 nays, Roll No. 417. Pages H5730–38, H5747–48 WORKPLACE SAFETY/OSHA COVERAGE Late Report: Agreed that the Committee on Foreign Committee on Education and Labor: Subcommittee on Affairs have until midnight on Thursday, May 31, Workforce Protections held a hearing on Workplace 2007 to file a report on H.R. 2446, to reauthorize Safety: Why Do Millions of Workers Remain With- the Afghanistan Freedom Support Act of 2002. out OSHA Coverage? Testimony was heard from (See next issue.) public witnesses. Calendar Wednesday: Agreed by unanimous con- sent to dispense with the Calendar Wednesday busi- ENERGY AND ENVIRONMENT ISSUES ness of Wednesday, June 6th. (See next issue.) Committee on Energy and Commerce: Subcommittee on Speaker Pro Tempore: Read a letter from the Energy and Air Quality held a hearing entitled Speaker wherein she appointed Representative Hoyer ‘‘Legislative Hearing on Discussion Drafts Con- and Representative Van Hollen to act as Speaker pro cerning Energy Efficiency, Smart Electricity Grid, tempore to sign enrolled bills and joint resolutions Energy Policy Act of 2005 Title XVII Loan Guaran- through June 5, 2007. (See next issue.) tees, and Standby Loans for Coal-to-Liquids Projects.’’ Testimony was heard from the following Senate Message: Message received from the Senate officials of the Department of Energy: David Rod- today appears on page H5727. gers, Deputy Assistant Secretary, Energy Efficiency; Senate Referrals: S. 1352 was referred to the Com- and Katherine A. Fredriksen, Principal Deputy As- mittee on Oversight and Government Reform. sistant Secretary, Policy and International Affairs; (See next issue.) and public witnesses.

VerDate Aug 31 2005 10:42 May 25, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D24MY7.REC D24MYPT1 hmoore on PRODPC68 with HMDIGEST D750 CONGRESSIONAL RECORD — DAILY DIGEST May 24, 2007 SECTION 8 VOUCHER REFORM ACT OF 2007 KIDS AND THE OUTDOORS Committee on Financial Services: Ordered reported, as Committee on Natural Resources: Subcommittee on amended, H.R. 1851, Section 8 Voucher Reform Act Fisheries, Wildlife and Oceans and the Sub- of 2007. committee on National Parks, Forests and Public INTERNATIONAL FOOD AID PROGRAMS Lands held a joint oversight hearing on No Child Left Inside: Reconnecting Kids with the Outdoors. Committee on Foreign Affairs: Subcommittee on Africa Testimony was heard from James Cason, Associate and Global Health held a hearing on International Deputy Secretary, Department of the Interior; Gail Food Aid Programs: Options To Enhance Effective- Kimbell, Chief, Forest Service, USDA; Gina McCar- ness. Testimony was heard from William P. thy, Commissioner, Department of Environmental Hammink, Director, Office of Food for Peace, U.S. Protection State of Connecticut; and public wit- Agency for International Development, Department nesses. of State; Thomas Melito, Director, International Af- fairs and Trade, GAO; and public witnesses. MISCELLANEOUS MEASURES The Subcommittee also held a briefing on this Committee on Natural Resources: Subcommittee on subject. The Subcommittee was briefed by Luis Water and Power held a hearing on the following Eduardo Sitoe, Counselor Commercial, Embassy of bills: H.R. 31, Elsinore Valley Municipal Water the Republic of Mozambique. District Wastewater and Recycled Water Facilities VISA WAIVER PROGRAM Act of 2007; and H.R. 1526, Bay Area Regional Water Recycling Program Authorization Act of Committee on Foreign Affairs: Subcommittee on Europe 2007. Testimony was heard from Robert Quint, Act- held a hearing on expanding the Visa Waiver Pro- ing Deputy Commissioner, Operations, Bureau of gram, Enhancing Transatlantic Relations. Testimony Reclamation, Department of the Interior; Nancy Par- was heard from Stephen A. Edson, Deputy Assistant ent, Councilmember, Pittsburg, California; and pub- Secretary, Visa Services, Bureau of Consular Affairs, lic witnesses. Department of State; and Nathan A. Sales, Deputy Assistant Secretary, Policy Development, Office of U.S. MILITARY MENTAL HEALTH Policy, Department of Homeland Security. Committee on Oversight and Government Reform: Held a OPIC REAUTHORIZATION hearing on Invisible Casualties: The Incidence and Committee on Foreign Affairs: Subcommittee on Ter- Treatment of Mental Health Problems by the U.S. rorism, Nonproliferation, and Trade held a hearing Military. Testimony was heard from Thomas Insel, on the Reauthorization of OPIC. Testimony was Director, National Institute of Mental Health, NIH, heard from Robert Mosbacher, Jr., President and Department of Health and Human Services; from the CEO, OPIC; and public witnesses. following officials of the Department of Defense: MG Galle Pollock, USA, Army Surgeon General; NATIONAL GUARD’S DOMESTIC Michael E. Kilpatrick, Deputy Director, Deployment READINESS Health Support; and public witnesses. Committee on Homeland Security: Subcommittee on NASA’S VIDEO RECORDS DESTRUCTION Management, Investigations, and Oversight held a hearing entitled ‘‘Examining the Impact of Equip- Committee on Science and Technology: Subcommittee on ment Shortages on the National Guard’s Readiness Investigations and Oversight held a hearing on the for Homeland Security Missions.’’ Testimony was NASA Administrator’s Speech to Office of Inspector heard from LTG H. Steven Blum, Chief, National General Staff, the Subsequent Destruction of Video Guard Bureau; Department of Defense; MG Roger Records, and Associated Matters. Testimony was P. Lempke, Adjutant General, Nebraska; MG C. heard from the following officials of NASA: Evelyn Mark Bowen, Adjutant General, Alabama; and MG R. Klemstine, Assistant Inspector General, Auditing; Robert P. French, Deputy Adjutant General, Army, Kevin Winters, Assistant Inspector general, Inves- Joint Forces Headquarters, National Guard, Pennsyl- tigations; Paul Morrell, Chief of Staff, Office of the vania. Administrator; and Michael Wholley, General Coun- sel. IMMIGRATION REFORM Committee on the Judiciary: Subcommittee on Immi- SMALL BUSINESS HEALTH COVERAGE gration, Citizenship, Refugees, Border Security, and Committee on Small Business: Held a hearing entitled International Law held a hearing on Comprehensive ‘‘Expanding Small Business Health Insurance Cov- Immigration Reform: Labor Movement Perspectives. erage Using the Private Reinsurance Market.’’ Testi- Testimony was heard from public witnesses. mony was heard from Leonard D. Crouse, Deputy

VerDate Aug 31 2005 10:42 May 25, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D24MY7.REC D24MYPT1 hmoore on PRODPC68 with HMDIGEST May 24, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D751 Commissioner, Captive Insurance Division, Depart- BRIEFING—DNI ment of Banking, Insurance, Securities and Health Permanent Select Committee on Intelligence: Sub- Care Administration, State of Vermont; and public committee on Intelligence Community Management witnesses. met in executive session to receive a briefing on DNI. The Subcommittee was briefed by depart- PUBLIC-PRIVATE HIGHWAY/TRANSIT mental witnesses. PARTNERSHIPS Committee on Transportation and Infrastructure: Sub- Joint Meetings committee on Highways and Transit held a hearing on Public-Private Partnerships: State and User Per- REEMERGENCE OF RUSSIA spectives. Testimony was heard from Edward G. Commission on Security and Cooperation in Europe: Com- Rendell, Governor, State of Pennsylvania; Alan mission concluded a hearing to examine Russia, fo- Lowenthal, Chair, Senate Committee on Transpor- cusing on the reemergence of Russia as a major po- tation and Housing, State of California; Terri J. Aus- litical and economic power, after receiving testimony tin, Chair, House Committee on Roads and Trans- from Daniel Fried, Assistant Secretary of State for portation, State of Indiana; and public witnesses. the Bureau of European and Eurasian Affairs; Sarah E. Mendelson, Center for Strategic and International AFFORDABLE HOUSING TAX INCENTIVES Studies, and E. Wayne Merry, American Foreign Policy Council, both of Washington, D.C.; Lilia Committee on Ways and Means: Subcommittee on Se- Shevtsova, Carnegie Endowment for International lect Revenue Measures held a hearing on Tax Incen- Peace, and Igor Zevelev, Russian News and Informa- tives for Affordable Housing. Testimony was heard tion Agency, both of Moscow, Russia; Moscow; Jef- from Michael J. Desmond, Tax Legislative Counsel, frey W. Hahn, Villanova University, Villanova, Department of the Treasury; Orlando J. Cabrera, As- Pennsylvania; and Rajan Menon, Lehigh University, sistant Secretary, Office of Public and Indian Hous- Bethlehem, Pennsylvania. ing, Department of Housing and Urban Develop- f ment; Shaun Donovan, Commissioner, Department of Housing Preservation and Development, City of COMMITTEE MEETINGS FOR FRIDAY, New York; and public witnesses. MAY 25, 2007 (Committee meetings are open unless otherwise indicated) BRIEFING—SITUATION IN LEBANON Senate Permanent Select Committee on Intelligence: Met in execu- tive session to receive a briefing on the Situation in No meetings/hearings scheduled. Lebanon. The Committee was briefed by depart- House mental witnesses. No committee meetings are scheduled.

VerDate Aug 31 2005 10:42 May 25, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D24MY7.REC D24MYPT1 hmoore on PRODPC68 with HMDIGEST D752 CONGRESSIONAL RECORD — DAILY DIGEST May 24, 2007

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, May 25 9:30 a.m., Monday, May 28

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Friday: To be announced. of S. 1348, Comprehensive Immigration Reform.

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